HomeMy Public PortalAbout09-26-91 Regular Council Meeting.tifMINUTES
THE BOARD OF TRUSTEES MEETING
VILLAGE OF KEY BISCAYNE
Thursday, September 26, 1991
Key Biscayne Elementary
CALL TO ORDER The meeting was called to order by Mayor Rafael Conte
at 7 05 p m with a quorum present
1 INVOCATION The invocation was made by Rev Milam Kralik, Key
Biscayne Community Church
2 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge of Allegiance
3 SELECTION OF INTERIM VILLAGE CLERK Trustee Lauredo suggested
that Beatris Arguelles be appointed Interim Village Clerk
Trustee Brody stated that Rene Collins Greene would also like
to serve as Interim Village Clerk (both have submitted Resumes
to the Board for consideration) Trustee Lauredo suggested
that a Search Committee may be appointed to search for a
Village Clerk, however there is a need for someone to record
the minutes and prepare agendae for the transitional period
Trustee Fried concurred Mayor Conte suggested that in the
interim, the board consider utilizing either Ms Arguelles or
Ms Collins to record minutes After discussion, no official
action was taken to appoint an Interim Village Clerk,
therefore the item is deferred to the October 1, 1991 Regularly
Scheduled meeting of the Board of Trustees
4 ADDITIONS TO THE AGENDA Trustee Lauredo moved that items 4, 5
an 6 be removed from the Agenda because these items were not
on the original Agenda that was published in the Islander and
Miami Review Trustee Brody seconded the Motion After discus-
sion, the question was called and the Board voted as follows
Trustee Brody yea Trustee Fried yea
Trustee Hill nay Trustee Lauredo yea
Trustee Rasco yea Trustee Sullivan yea
Mayor Conte yea
The Motion passed 6 to 1 in favor of removing items 4,5 and 6
from the current Agenda
Trustee Fried moved that item 6 be replaced on the Agenda in
item 15 (Other Business -General Discussion) The Motion was
seconded by Trustee Sullivan The question was called and the
Board voted as follows
Trustee Brody yea Trustee Fried yea
Trustee Hill nay Trustee Lauredo nay
Trustee Rasco yea Trustee Sullivan yea
Mayor Conte yea
The Motion passed 5 to 2 in favor of placing previously removed
item 6 on the Agenda in item 15
5 DELETIONS FROM THE AGENDA Item deleted from Agenda in item 4
Page 1 of 7
6 ADOPTION OF THE SCOTT, FORESMAN, ROBERT'S RULES OF ORDER. NEWLY
REVISED, 1990 EDITION See item 15
7
ELECTION OF VICE MAYOR At the request of Mayor Conte, Trustee
Lauredo read Article 2, Sub -section B of the Charter of the
Village of Key Biscayne regarding the obligation of the Board
to elect a Vice Mayor among them After the reading, Mayor
Conte called for nominations from the Board Trustee Hill
nominated Trustee Lauredo The nomination was seconded by
Trustee Rasco Trustee Brody nominated Trustee Sullivan The
nomination was seconded by Trustee Fried After further dis-
cussion, and hearing no further nominations from the floor,
two votes were taken as follows
Luis Lauredo
Trustee
Trustee
Trustee
Brody
Hill
Rasco
Ray Sullivan
Trustee Brody
Trustee Hill
Trustee Rasco
nay Trustee Fried
yea Trustee Lauredo
yea Trustee Sullivan
Mayor Conte nay
yea Trustee
nay Trustee
yea Trustee
Mayor Conte yea
Fried
Lauredo
Sullivan
nay
yea
nay
yea
nay
yea
The Board Elected Trustee Sullivan as Vice Mayor with 5 votes
for and 2 against, as opposed to 3 votes for and 4 against
for Trustee Lauredo
7 5 Trustee Lauredo requested that Metropolitan Dade County
Commissioner Charles Dusseau, who was present in the audience,
be recognized and asked to address the Board and audience The
Board concurred and Mayor Conte asked Commissioner Dusseau to
give a brief address Commissioner Dusseau congratulated the
Board, the Mayor and Vice Mayor and stated that he, as well as
his staff, will be available to assist the Board of Trustees
in any way they can in establishing the Village
8
FINANCIAL ISSUES
A> UTILITIES TAX- Mayor Conte explained that the Village is in
need of funds in order to effectuate a transition into a
working government He stated that one way for the Village
to obtain funds is by requesting either by ordinance or
resolution that the utilities forward existing and future
utility tax funds to the Village
Trustee Brody suggested that an ordinance is not necessary
to request these funds, since the Village Charter, Article
7, Sub -section 8 04, provides for all municipal taxes
and fees imposed within the Village boundaries by County
as the municipal government for incorporated Dade County,
wh ch taxes and fees are in effect on the date of adoption
of this charter, shall continue at the same rate and on
the same conditions as if those taxes and fees had been
adopted and assessed by the Village"
Fernando Figueredo, representative of Southe4n Beii and Guy
Page 2 of 7
Sanchez, representative of Florida Power & Light, were
asked to address the Board and stated that some form of
communication, in writing, would be necessary to effectuate
the release of the funds
Trustee Lauredo moved that the Mayor write a letter to the
utilities (i e Southern Bell, Florida Power & Light, Water
Management) expressing the need for funds from taxes and
fees to be forwarded to a deposit fund (to be addressed in
Item 8-B) The Motion was seconded by Vice Mayor Sullivan
The question was called and the Motion passed unanimously
B> BANKING RELATIONS - AUTHORIZE SOLICITATION OF PROPOSALS -
Trustee Lauredo moved that solicitations of proposals from
local banks include the request for a "line of credit"
Trustee Brody seconded the Motion Trustee Fried amended
the Motion to state that a Committee of one be appointed to
solicit these proposals from local banks Trustee Lauredo
amended the amendment to state that the Mayor should desig-
nate a Committee of One The amendment was accepted The
Motion was passed unanimously as amended Mayor Conte
appointed Trustee Brody to the Committee
FIRST READING OF ORDINANCE
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE
AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED $100,000 FOR TRANSITIONAL
MUNICIPAL OPERATIONS AND EXPENSES, PROVIDING FOR
THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS
OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE
BOARD OF TRUSTEES, PROVIDING FOR REPAYMENT OF SAID
INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES,
PROVIDING THAT THE TERM OF SUCH LOAN SHALL NOT EX-
CEED TWELVE MONTHS, PROVIDING FOR EXECUTION OF
DOCUMENTS, AUTHORIZING FURTHER OFFICIAL ACTION,
SPECIFYING GOVERNING LAW, PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE
Trustee Brody moved that the ordinance be adopted on First
Reading The Motion was seconded by Trustee Lauredo The
Board Voted as follows
Trustee Brody
Trustee Hill
Trustee Rasco
yea Trustee Fried yea
nay Trustee Lauredo yea
yea Vice Mayor Sullivan yea
Mayor Conte yea
The ordinance passed on First Reading 6 to 1 (Point of Order
In order for proper execution (time, 10 days and advertisement)
is adhered to, Second Reading of this Ordinance will take place
at the Board of Trustees Meeting scheduled for Tuesday, October
8, 1991 at which further debate and action may be taken)
9 5 Trustee Lauredo announced, on a
tan Dade County has submitted a
translation and mailing of the
that as soon as the Village has
reimburse,' `'or monies they ex
point of order, that Metropoli-
bill for the cost of printing,
Charter Trustee Fried moved
funds available the County be
1 for the benefit of the
Page 3 of
Key Biscayne Charter The Motion was seconded by Trustee
Lauredo and passed unanimously
10 INSURANCE RESOLUTION
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE
AUTHORIZING THE PURCHASE OF LIABILITY, ERRORS AND
OMISSIONS INSURANCE, MAKING SPECIFIC FINDING OF
IMPRACTICABILITY, WAIVING COMPETITIVE BIDDING,
AUTHORIZING THE MAYOR TO EFFECTUATE SUCH PURCHASE,
AND PROVIDING AN EFFECTIVE DATE
Trustee Brody moved that the resolution be duly adopted The
Motion was seconded by Trustee Fried Discussion ensued
Trustee Brody explained that the Board could be sued as of the
date of incorporation and stated that this insurance is a
necessity Trustee Lauredo made reference to the Charter,
Article 4, Sub -section 4 03, Action Requiring an Ordinance, No
3, "levy taxes or appropriate funds" and amended the motion
that the resolution be re -written and passed as an "Emergency
Ordinance" The Motion accepted and seconded by Trustee Fried
The Motion was passed unanimously by the Board to rewrite the
resolution in an Emergency Ordinance form As a point of
order, Trustee Hill stated that the ordinance should not
include a statement referring that the policy is acceptable to
the "Village Attorney", since no Village Attorney has been
appointed The Board concurred
11
LEGAL - SOLICIT LAW FIRMS TO MAKE PRESENTATIONS AT THE NEXT
MEETING WHO WILL ASSIST IN NEGOTIATING THE TRANSITION
AGREEMENT WITH METROPOLITAN DADE COUNTY AND ALSO ACT AS
INTERIM VILLAGE. COUNSEL? After brief discussion, Trustee Fried
moved that the Village appoint Attorney Richard Weiss as the
Interim Village Attorney to facilitate negotiations and to act
as Counsel at Board of Trustee Meetings (the Motion died for
lack of a second)
Trustee Lauredo stated that the person selected by the Board to
serve as Interim Counsel for the Village should be someone that
is not going to apply for the position of Village Attorney at a
later date, due to an unfair advantage that person would have
over other qualified applicants bidding for the permanent
position He then moved that the Board request that a Dade
County League of Cities' Attorney (Jack R Rice, Jr ) be asked
to serve as Interim Counsel for the Village The Motion was
seconded by Trustee Sullivan The Motion passed unanimously
(Subsequently, since the League Counsel is not available at
this time, it was reported that David Wolpin, currently full
time attorney for the City of North Miami, would represent the
Dade County League of Cities as the Interim Counsel to the
Village )
Trustee Lauredo moved that the Board solicit law firms and
lawyers to bid for the position of Village Attorney Vice Mayor
Sullivan seconded the Motion Trustee Hill amended the Motion
to include that one of the Trustees prepare a professional
solicitation letter for these services Trustee Lauredo ac-
cepted the amendment The vote passed unanimously as amended
ge 4 of 7
Trustee Brody nominated Trustee Hill to serve as a Committee of
one to prepare the solicitation letter for law firms and
lawyers to bid for the position of Village Attorney Mayor
Conte duly appointed Trustee Hill to serve on the Committee
12 VILLAGE MANAGER - SOLICIT SEARCH FIRMS TO ASSIST A SCREENING
COMMITTEE IN INITIATING A SEARCH FOR VILLAGE MANAGER Trustee
Fried moved that a seven (7) person Screening Committee be
appointed by the Board of Trustees with each Trustee appointing
one member to the Screening Committee, to immediately initiate
a search for a Village Manager, using all available sources in
its search and to report back to the Board of Trustees before
October 17, 1991, with the names of three (3) qualified
candidates for the position of Village Manager The Motion was
amended by Trustee Lauredo to state that "with a preliminary
report of qualified candidates", rather than "with the names
of three (3) qualified candidates" Trustee Fried accepted the
amendment and the Motion was seconded by Trustee Lauredo
After a vote the Motion passed unanimously as amended
Each Trustee was directed to submit to the recording secretary,
the name of the person they wish to appoint to the Committee on
or before the October 1, 1991 meeting of the Board of Trustees
13 ESTABLISH PRIORITY FOR TRANSITION COMMITTEE REPORTS FOR THE
NEXT MEETING Trustee Rasco moved that the Board appoint a
Transition Committee of three (3), made up of one Trustee and
two members of the public sector, to meet with the County to
discuss transitional requirements Trustee Brody seconded the
Motion The Motion passed unanimously by the Board
Trustee Hill suggested that the Board nominate the Trustee to
serve on the Committee and have that member nominate his
committee Trustee Hill nominated Trustee Lauredo to serve on
the Committee The Motion was seconded by Trustee Brody The
Board voted unanimously to appoint Trustee Lauredo to the
Committee Trustee Lauredo was instructed to submit the names
of the persons he will appoint to the Committee to the
Recording Secretary as soon he has selected them
(1) BUDGET (DUE OCTOBER 30, 1991) - No official action was
taken other than instructions to the newly appointed Transition
Committee to request that Metropolitan Dade County send Martha
Lyed and/or her designate to attend a meeting of the Board to
discuss the matter
(2) FACILITIES - Trustee Sullivan distributed a list of
requirements which he feels should be considered in selecting a
facility Trustee Lauredo nominated Vice Mayor Sullivan to
serve on a Committee of one to conduct a search and review the
various locations that may be available and report back to the
Board at the next meeting with a report The Motion was
seconded The Motion passed unanimously
14 SET REGULAR TIME AND PLACE FOR MEETINGS Trustee Brody
announced that he has researched two locations for the Board of
Trustee meetings - the present meeting site of Key Biscayne
Elementary, which is available Tuesdays and Thursdays, and the
Page 50f7
St Christopher by the Sea Episcopal Church which is available
Mondays Trustee Fried moved that the Board of Trustees meet
regularly on Tuesday nights at Key Biscayne Elementary The
Motion was seconded by Trustee Hill Trustee Lauredo stated
that the Charter calls for "Eleven (11) regularly scheduled
meetings per year" and therefore requested that the Motion be
amended to state which Tuesday of the month (i e first,
second, third or fourth) will be designated as the "regularly
scheduled meeting date" Trustee Fried accepted the amendment
and moved that the eleven (11) regular meetings, as required
by the Village Charter, be held on the second Tuesday of the
month and, until further notice, that they be held at Key
Biscayne Elementary School at 7 00 p m Trustee Hill seconded
the Motion The Motion passed unanimously as amended
Trustee Brody moved that special meetings be set for every
Tuesday that there is no regularly scheduled meeting, until
further notice The Motion was seconded by Trustee Hill The
Motion passed unanimously
15 OTHER BUSINESS - GENERAL DISCUSSIONS - Mayor Conte announced
that this item is listed on the Agenda for the purpose of
having the public sector bring to the Board concerns/comments
Martha inotkAOL , a member of the Transitional Building &
Zoning Committee of the original Charter Committee, requested
that the Board of Trustees, grant her and her Committee,
permission to continue to speak to the County on behalf of the
Village in order to finalize the assignments of the Committee
Due to the time restriction (Key Biscayne Elementary must be
vacated by 10 00 p m), Trustee Hill requested that the Item
that was being discussed previously be deferred to a later
date He stated that procedural guidelines should be set a to
arrangements for items to be discussed on the Agenda for the
next meeting, as well as publicity for the Agenda and
advertising of ordinances The Board concurred and the
following items were considered
AGENDA PREPARATION AND PUBLICATION - Trustee Rasco suggested
posting the Agenda at key locations around the Village Vice
Mayor Sullivan concurred that the Mayor should designate the
locations (I e the ..upermarkets, the Library, etc ) The
Mayor concurred and will designate the locations
Betty Sime asked if the members of the public sector would be
allowed to place items on the agenda Mayor Conte stated that
in order to keep the Agenda at a reasonable size and content,
any resident that would like to have an item placed on the
Agenda, should contact one or more members of the Board of
Trustees for consideration
For the purpose of composing an Agenda for future meetings, and
until such time as a Village Clerk can be appointed, Mayor
Conte stated that any items to be placed on the Agenda by the
Board of Trustees, should be submitted to Beatris Arguelles,
Recording Secretary, for inclusion The Board concurred
Page 6 f 7
ADVERTISING OF ORDINANCES - Trustee Brody moved that Richard
Weiss, advertise the ordinance for Second Reading, as well as
the Emergency Ordinance, (discussed previously in items 9 and
10 respectively) The motion was seconded and passed
unanimously by the Board
PUBLIC RECORDS ACT - It was suggested that in order to comply
with the Public Records Act, the minutes of all meetings of the
Board of Trustees must be openly accessible to the public at
reasonable hours It was suggested that the minutes, upon
approval, be submitted to the Public Library for display
(PREVIOUS ITEM 6) ADOPTION OF THE SCOTT, FORESMAN, ROBERT'S
RULES OF ORDER, NEWLY REVISED, 1990 EDITION Due to time
restrictions, this item will be deferred to the October 1,
1991, Regular Monthly Board of Trustees Meeting
APPROVAL OF THE MINUTES Approval of the Minutes of the
September 23, 1991 special meeting of the Board of Trustees was
deferred to the October 1, 1991, Regular Meeting
NEXT MEETING The next Regularly Scheduled Meeting of the Board of
Trustees of the Village of Key Biscayne will be held on October
1, 1991 at 7 00 p m at Key Biscayne Elementary
16 ADJOURNMENT The meeting was adjourned at 10 25 p m by Mayor
Conte
Respectfully submitted for approval by
Beatris Marie Arguelles
Recording Secretary
Approved Date ►t- k CI\ Moved by Seconded by -P L,
Vote Count Trustee Brody Trustee Fri l r' " Trustee Hill Trustee
Lauredo A4GTrustee Rasco dice Mayor Sullivan (A Mayor Conti 26
() (.1
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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