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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 Page 7 of 7