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
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(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
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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
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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
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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
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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
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