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HomeMy Public PortalAbout11-19-91 Regular Council Meeting.tifMINUTES REGULAR MONTHLY BOARD OF TRUSTEES MEETING VILLAGE OF KEY BISCAYNE Tuesday, November 19, 1991 Key Biscayne Elementary School Cafeteria 1 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Rafael Conte at 7 10 p m The following Trustees were also present Clifford Brody, Mortimer Fried, Michael Hill, Luis Lauredo, Joe Rasco and Ray Sullivan, Vice Mayor, providing a quorum 2 INVOCATION Pat Arnold, Assistant Pastor, Key Biscayne Presbytarian Church, gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge of Allegiance 4 APPROVAL OF THE MINUTES I November 5, 1991 - Vice Mayor Sullivan offered a correction in item 3 (B), Page 2 of 6, line 4, should read Dr Portella, instead of Fortella II November 12, 1991 - Trustee Brody asked that a correction (for clarification) be made in item 8 (A-2), Page 3 of 6, paragraph 2, line 3, that the words following the word "meetings" up to, but not including the word "He" be stricken, and the words "without charge, for the actual taping of the meetings " be inserted Trustee Brody moved that the minutes be approved as amended respectively The motion was seconded by Trustee Fried and passed unanimously by the Board 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS Trustee Brody moved that the Board consider at this time whether or not the Village should carry unemployment insurance The motion was seconded by Trustee Fried and carried unanimously Trustee Brody moved that the Board opt -out of the Unemployment Insurance Program for now Trustee Rasco seconded the motion, and discussion ensued Trustee Brody stated that it would be easier to opt -in at a later date, than it would to opt -out once already in the program The motion carried unanimously 6 ORDINANCES - SECOND READING/PUBLIC HEARING• None 7 RESOLUTIONS A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE APPROVING A LEASE WITH THE KEY BISCAYNE BANK BUILDING FOR OFFICE SPACE, AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE VILLAGE AND PROVIDING AN EFFECTIVE DATE 11/19/91 - Minutes Page 1 of 6 (Previously deferred, the above resolution will approve the at- tached draft of a lease) Discussion ensued regarding the Lease Questions arose regarding differences in prices promised as opposed to prices reflected in the draft of the Lease agreement Following further discussion, Trustee Brody suggested that Vice Mayor Sullivan form a comparative analysis with the original proposal submitted by the Bank and the Lease presently being negotiated, to be brought back to the Board at the next meeting The Board concurred 8 REPORTS AND RECOMMENDATIONS A. MAYOR AND TRUSTEES 1 DISCUSSION OF ISSUING CERTIFICATES OF APPRECIATION TO COMMITTEE MEMBERS - Placed on the Agenda by Trustee Hill (previously deferred)- Trustee Hill moved that certificates of appreciation be issued to Committee Members, as soon as feasibly possible Trustee Lauredo seconded the motion, which carried unanimously 2 AUTHORIZE THE VILLAGE ATTORNEY TO REPORT ON THE STATUS OF VMS DONATIONS AND OTHER DONATIONS - Placed on the Agenda by Trustee Hill (Previously deferred) - Trustee Hill moved that the Board of Trustees authorize the Village Attorney to investigate the VMS Donations and report to the Board accordingly Trustee Lauredo seconded the motion, which carried unanimously 3 BUILDING AND ZONING UPDATE - Placed on the Agenda by Trustee Brody - Trustee Brody distributed revised sections to be added to the Building and Zoning manual With regard to the Building and Zoning Consultant, Trustee Brody reported that an agreement is presently being prepared by the Village Attorney for the Board to consider at a later date He also announced that the following items will be on the December 3rd agenda for approval by the Board Jefferson Bank request to operate in a trailer during construction of their facilities, and final recommendation on Sisser Management request to allow outdoor dining Public Zoning Hearings will be held on December 10th with regard to the Smith Residence and Galleria S VILLAGE ATTORNEY Status report on seaquarium litigation investigation - Village Attorney Richard Weiss gave a brief overview of the issue and gave a three step analysis He stated that the first issue is the standing of the Key Biscayne Council, Inc to file the appeals He stated that those issues deal with the injury and the impact on the Council The second issue is assuming that the Council has standing to participate in these lawsuites, whether the Village has the legal authority 11/19/91 - Minutes Page 2 of 6 to be substituted for the Council to step into their shoes, which involves the rules of civil procedure and the cases involved The third issue is, assuming that the Village can go into the law suits, what the legal issues are on both sides He stated that there are two separate proceedings that are being looked into, the appeal of the unusual use and non-use variances regarding parking and the challenge to the consistency or inconsistency of the development with respect to the masterplan (traffic) He stated that the Council has filed a complaint with the County Commission, as well as the circuit court, contending that the development is inconsistent with the Comprehensive Masterplan He reported that the County has not yet filed a response to that petition He reported that there has been extensive research done on these issues and that firm partners have had several meetings with Gene Stearns, Attorney for the Key Biscayne Council, Inc and have solicited other documents such as traffic studies, etc He requested that time be set aside at the November 26th meeting for a more complete and comprehensive report for the Board Trustee Lauredo suggested that a presentation from both sides (the Seaquarium and the Key Biscayne Council, Inc ) be scheduled for a subsequent meeting After discussion in this regard, the Board concurred that a special meeting be called for 7 00 p m , Wednesday, December 4th, at a location to be announced C VILLAGE MANAGER no report D COMMITTEE REPORTS 1 VILLAGE MANAGER SEARCH COMMITTEE - Dr Steve Simon, Chair introduced Jim Parrish, Vice President, Florida Public Management Group, the Consultant hired to assist in the search for a Village Manager 2 VILLAGE CLERK SEARCH COMMITTEE - Ed Stone, Chair reported that the Committee has met and that they are in the process of preparing a job description and advertisement for the position 3 MASTERPLAN COMMITTEE - UPDATE ON APPOINTMENTS - Interim Clerk Beatris Arguelles reported that most of the appointments are in however three more appointments are needed to complete the Committee E REPORT FROM THE KEY BISCAYNE COUNCIL TRANSITION COMMITTEE ON FIRE/RESCUE - by Richard Cromartie, Chairman Following the oral presentation, the Board asked questions, with respect to proposals referenced in the report, from Metropolitan Dade County Fire Officials and a representative from Wackenhut, who were present Resident Sid Cooper expressed concern over the feasibility of the Village implementing its own fire de- partment and with regard to the potential for a mutual aide agreement Committee members Ed Meyer and Martha Broucek also offered comments in this regard 11/19/91 - Minutes Page 3 of 6 Trustee Fried moved that the Board of Trustees appoint the on -going Fire/Rescue Committee (of the Key Biscayne Council, Inc ), Chaired by Richard Cromartie as and a Committee of the Board to be called upon at a later date The motion was seconded by Trustee Rasco and passed unanimously by the Board 9 OTHER BUSINESS - GENERAL DISCUSSIONS A RESCHEDULING OF BOARD OF TRUSTEES MEETINGS PRESENTLY SCHEDULED FOR DECEMBER 24TH AND DECEMBER 31ST Trustee Hill moved that the meetings of December 24th and 31st be canceled Trustee Lauredo seconded the motion, which carried unanimously There was discussion regarding changing the meetings to every other Tuesday as opposed to every Tuesday, leaving the second Tuesday as the Regular Monthly Meeting Date No action was taken N JUDY REINHEART, RESIDENT REQUESTS AUTHORIZATION TO PLACE A MENHORAH IN THE ENTRANCE TO THE ISLAND - Placed on the Agenda by Trustee Fried Attorney Weiss stated that permission should be issued by Metropolitan Dade County Ms Reinheart requested that the Board grant permission prior to going to the County The Board voted by consensus to grant permission to place a Menorah in the entrance to the Island C VILLAGE SIGN - Trustee Lauredo suggested that a sign announcing the "Village of Key Biscayne" should be placed at the entrance to the Island Following brief discussion, the Board concurred that it would be premature to do anything on this until after the Seal and Motto Committee have completed their tasks D VILLAGE CLERK'S ATTENDANCE AT COMMITTEE MEETINGS - Trustee Brody expressed concern over the fact that there are overlapping dates for Committee Meetings The Interim Clerk stated that the various committees have established their own scheduled meeting dates She stated that she has requested that the Committees schedule their meetings through her Vice Mayor Sullivan stated that it may be unfair for the Interim Village Clerk should not be asked to attend the Village Clerk Search Committee Meetings, since it would be awkward for all concerned, as well as that it would appear as if she would have an unfair advantage over the other candidates Village Attorney Richard Weiss stated that if the Committee would like his office to transcribe the minutes, he would offer this service Resident Betty Sime suggested that the Interim Village Clerk's Job Description should be created in order to establish what her duties are and what hours she is expected to attend Resident Rene Collins Greene suggested that she would be willing to volunteer to answer phones and be present in the Village Offices while the Village Clerk attends the FACC Seminar Trustee Hill moved that the Board accept the offer Village Attorney Richard Weiss pointed out that the Interim Village Clerk, by virtue of the position, has been given the responsibility for any public records within the Village 11/19/91 - Minutes Page 4 of 6 Offices, and if the Board would like to accept the offer of Ms Greene, they should designate exactly what her duties will be as well as her responsibilities with regard to the public records Trustee Hill withdrew his motion after discussion Resident Sandy Winters stated that she feels that the Interim Clerk should not be paid for working for the Village while she is attending a Seminar to benefit herself The Interim Village Clerk stated that she is attending the Seminar on behalf of the Village in order to gain vital information that will benefit the Village in this initial period Trustee Lauredo stated that since the Board has already voted on having the Clerk attend the Seminar, it is not proper to discuss it any further He added that the services of the Clerk have been valuable to the Village and any information gained by the Seminar will be of great value to the Village Vice Mayor Sullivan stated for clarification that the Board authorized the Interim Village Clerk to attend the FACC Seminar and added that the Clerk has been preparing Agendae and minutes on a weekly basis, as well as working nights and weekends on behalf of the Village No further action was taken on this issue E LIGHTS ON CRANDON BOULEVARD - Resident Joyce Keiser announced that the lights on Crandon are out and requested that something be done about this Trustee Brody stated that he would contact the County in this regard 10 APPROVAL OF THE BILLS No bills were submitted for payment, prior to the publication of the Agenda 11 FETING ANNOUNCEMENTS 1 THE NEXT MEETING OF THE VILLAGE BOARD OF TRUSTEES WILL BE HELD AT 7 00 P.M., TUESDAY, NOVEMBER 26, 1991, KEY BISCAYNE ELEMENTARY SCHOOL CAFETERIA 2 THE VILLAGE MANAGER SEARCH COMMITTEE WILL BE MEETING ON THE FOLLOWING DATES Wednesday, November 20, 1991, 6 00 p m , in the Village Offices, Key Biscayne Bank Building, 85 W McIntyre, Suite 201 Thursday, November 21, 1991, 6 00 p m , in the Village Offices, Key Biscayne Bank Building, 85 W McIntyre, Suite 201 Meetings have been scheduled with the Board of Trustees at various locations, a schedule is attached hereto 3 THE VILLAGE CLERK SEARCH COMMITTEE WILL MEET ON WEDNESDAY, NOVEMBER 20, 1991, AT 7 00 P M , IN THE KEY LARGO ROOM OF THE SHERATON ROYAL BISCAYNE 4 THE SEAL & MOTTO COMMITTEE WILL MEET ON SATURDAY, NOVEMBER 23, 1991 AT 10 00 A M , ST AGNES ACADEMY ADJOURNMENT - The meeting was adjourned by Mayor Conte at 9 25 p m 11/19/91 - Minutes Page 5 of 6 after a motion to adjourn by Trustee Lauredo Respectfully submitted for approval by Aeatris Marie Arguelles Interim Village Clerk Approved Date Moved by Seconded by Vote Count Trustee Brody Trustee Fried Trustee Hill Trustee Lauredo Trustee Rasco Vice Mayor Sullivan Mayor Conte Any person wishing to appeal any decision made by the 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 ba 11/19/91 - Minutes Page 6 of 6