HomeMy Public PortalAbout10-15-91 Special Council Meeting.tifMINUTES:
SPECIAL WEEKLY BOARD OF TRUSTEES MEETING
VILLAGE OF KEY BISCAYNE
Tuesday, October 15, 1991
Key Biscayne Presbytarian Church, Fellowship Hall
CALL TO ORDER. The meeting was called to order by Mayor Rafael Conte
at 7 15 p m with a quorum present
INVOCATION: Lorenzo Kelley, gave the invocation
PLEDGE OF ALLEGIANCE• Mayor Conte led the Pledge of Allegiance
1 SECOND READING AND PUBLIC HEARING OF AN ORDINANCE APPROVED ON
FIRST READING ON SEPTEMBER 26, 1991.
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 THE 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 EXCEED TWELVE MONTHS; PROVIDING FOR EX-
ECUTION OF DOCUMENTS, AUTHORIZING FURTHER OFFICIAL
ACTION, SPECIFYING GOVERNING LAW; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE
Trustee Fried moved that the Board adopt the Ordinance as
previously read Trustee Rasco seconded the motion The
Ordinance was approved 6 to 1 with the Board voting as follows
Trustee Brody yea Trustee Fried yea
Trustee Hill nay Trustee Lauredo yea
Trustee Rasco yea Vice Mayor Sullivan yea
Mayor Conte yea
2 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS•
3 COMMITTEE REPORTS.
A. BANKING RELATIONS - Trustee Brody, Chair - presentations
from financial institutions (three minutes each) Trustee
Brody stated that he requested proposals from various banks
and has received banking proposals from three of those
Barnett Bank, Jefferson Bank and Key Biscayne Bank He
stated that representatives from each were present and
would make brief presentations to the Board in alphabetical
order (A "Bank Proposal Summary" is attached hereto, and
is hereby made part of these minutes and the public record)
Following the presentations and a brief question and answer
10/15/91 - Minutes
Page 1 of 7
period, Trustee Brody moved that the Board select Barnett
Bank as the financial institution for the Village The
motion was seconded by Trustee Hill and discussion ensued
The motion did not pass, with the Board voting as follows
Trustee Brody yea Trustee Fried nay
Trustee Hill yea Trustee Lauredo nay
Trustee Rasco nay Vice Mayor Sullivan nay
Mayor Conte nay
Trustee Fried moved that the Board select the local Key
Biscayne Bank as the financial institution for the Village
The motion was seconded by Vice Mayor Sullivan, and passed
unanimously by the Board
Trustee Brody pointed out that although a decision has been
made, there is still much "leg -work" that needs to be done
in order to effectuate a document and suggested that his
Committee follow through on these matters The Board, by
consensus asked Trustee Brody to continue
Trustee Lauredo pointed out, for the record, that this
decision has no time limit, and that the Board of Trustees
may change, as well as add on to, its selection in the
future, as it sees fit The Board concurred that in the
future, as the Village grows, the Board will probably work
with virtually all of the financial institutions on the
Key
B BUDGET COMMITTEE - No report was given
C FACILITIES COMMITTEE - Vice Mayor Sullivan, Chair,
announced that any Trustee that wishes to visit any of the
three "finalist location" as discussed at the October 14,
1991 Board of Trustees Meeting, should contact the
following to make appointments Key Biscayne Bank Building
- Bob Brooks (305) 361-9100, L'Esplanade - John De La
Fuente (305) 361-9986, Gardens by -the -Sea - Goesfeke Nicole
(305) 361-2170
Trustee Hill pointed out, for the record, that representa-
tives of the "finalist" locations, should be asked to
attend the meeting of October 22nd to make presentations
D SEAL & MOTTO COMMITTEE - Dr Daniel Mandri, Chair - UPDATE
ON APPOINTMENTS Daniel Mandri, Chair (Rasco), Martha
Broucek (Lauredo), James Brewster (Sullivan), Monica Mandri
(Fried) Additional appointments to be made by Trustees
Hill and Brody and Mayor Conte The first meeting of this
committee is scheduled for Saturday, October 19, 1991, at
St Agnes Academy at 10 00 a m
E TRANSITION COMMITTEE - No report was given
F VILLAGE ATTORNEY SOLICITATION COMMITTEE - Trustee Hill,
Chair Interim Clerk Beatris Arguelles disseminated a copy
of the proposals received from Attorneys and Law Firms
10/15/91 - Minutes
Page 2 of 7
Trustee Hill briefly reviewed the procedures to be followed
by the Trustees (as discussed by the Board at the October
14, 1991 Regular Monthly Board of Trustees Meeting) He
announced, for the record, that proposals have been
received from the following Ackerman, Senterfitt & Eidsen
(law firm), Bedsow, Foren, Kan and Glaser (law firm),
Martin David Berg (Attorney), Allen B Dubow (Attorney),
Ferrell, Cardenas, Fertell & Morales (law firm), Fine,
Jacobson, Shwartz, Nash, Block & England (law firm),
Geller, Geller & Garfinkle (law firm), Hogg, Allen, Norton
& Blue (law firm), Evan J Langbein (Attorney), Storace &
Lupino (law firm), Thornton McDaniel, Jr (Attorney),
Rafael Suarez -Rivas (Attorney), Weintraub, Weintraub,
Seiden and Orshan (law firm), Weiss, Serota & Helfman (law
firm)
Trustee Hill reiterated that, as directed by the Board at
the October 14th Meeting, he will make three nominations to
a "Short List" of Attorneys, to which each Trustee (at his
own discretion) may add one name, by Noon, Thursday, Octo-
ber 17, 1991, at which time the "Short List" will be made
public by the Interim Village Clerk
G VILLAGE CLERK SEARCH COMMITTEE - Update on appointments
H VILLAGE MANAGER SEARCH COMMITTEE - Dr Steve Simon, Chair,
announced that the first meeting of the Committee will be
held at 7 00 p m , Thursday, October 17, 1991 at Key
Biscayne Elementary School Library No additional report
was given
4. OLD BUSINESS: With regard to Item #'s 4 (a), (b) and (C), the
consensus of the Board is that the possibility of establishing
the committees may be addressed, in conjunction with respective
reports to be submitted by the Key Biscayne Council, on the
dates previously scheduled by the Board of Trustees
A DEVELOPMENT OF A POLICE AND TRAFFIC COMMITTEE
B. DEVELOPMENT OF A MASTER PLAN COMMITTEE
C DEVELOPMENT OF A BUILDING AND ZONING COMMITTEE
D. ESTABLISHMENT OF THE VILLAGE ADDRESS AND TELEPHONE NUMBER -
Trustee Hill stated that he requested this item to be
placed on the Agenda in order to have an "official address
and telephone number" through which the Village may conduct
business, until such time as a facility is selected
Trustee Brody suggested that his office is available for
such purposes, however, the consensus of the Board was to
wait until after the October 22, 1991 Board of Trustees
meeting when the selection of a facility will take place
In the meantime, any inquiries may go through the Interim
Village Clerk, Beatris Arguelles, c/o Dade County League of
Cities, 7480 Fairway Drive, Suite 206, Miami Lakes, FL
33014, (305) 557-1722
Trustee Brody reported that he has discussed with Fernando
Figueredo, Southern Bell, telephone numbers for the
Village He stated that Mr Figueredo has reported that he
10/15/91 - Minutes
Page 3 of 7
has blocked off, for the Village, phone numbers from
365-5501 to 365-5599 Trustee Brody stated that this is
not official, and would require a letter from the Mayor
requesting a phone number, after a facility is selected
E CONSIDERATION OF HAVING BOARD OF TRUSTEES MEETINGS COVERED
BY CABLE T V (ADELPHIA CABLE) - Trustee Brody stated that
it would be of great value to have the proceedings of the
Village broadcasted by Cable T V He stated that he has
contacted Adelphia Cable, who has indicated that they would
like to broadcast, however they do not have production
facilities and would have to hire -out the equipment, etc
which would be of great cost to the Cable company Mayor
Conte questioned whether or not broadcasting the
proceedings would deter people from attending the meetings
Trustee Brody stated that it would probably serve to
enhance attendance, since issues would be more widely
accessible to those who would not normally take interest
R Marchner suggested that this type of coverage can be
worked out through discussions with the Cable Company in
regard to Franchise Fee Agreements and encouraged on -going
discussions with Adelphia Cable
By consensus of the Board, Trustee Brody was asked to
continue contacts with Adelphia Cable and request that they
cover the proceedings, including production, as part of the
negotiations with regard to the franchise fees
5 NEW BUSINESS• No new business was discussed
6 OTHER BUSINESS - GENERAL DISCUSSIONS
A Trustee Lauredo reminded the Board that once a facility is
selected, the Board will need to "hire" someone to be
physically at that facility He moved that whereas Beatris
Arguelles has been officially appointed by the Board as a
duly compensated Interim Village Clerk, and has proven to
be effective in that position, and whether or not she is
selected as the permanent Village Clerk, that she be
"hired" as the first official full-time "employee" of the
Village, as the Interim Village Clerk
On a point of order, Trustee Fried requested clarification
as to what the feelings of her present employer are
Trustee Brody stated that he has had conversations with
Russ Marchner (Beatris' Employer) who has stated that he
has made arrangements to hire someone on a temporary basis
to replace Beatris in his office, and that he would only
request from the Board of Trustees that he be allowed to
contact her regularly in order to effectuate a transition
in his office Russ Marchner, who was present in the
audience, stated that he concurred with Trustee Brody's
statement
Trustee Rasco amended the motion to include that the
Interim Village Attorney David Wolpin be asked to draw up
an agreement, in accordance to previous action taken by the
10/15/91 - Minutes
Page 4 of 7
Board at its October 1, 1991 meeting (to appoint a duly
compensated Interim Village Clerk) to be signed by the
Board as to remuneration for Beatris
The amendment was accepted and Trustee Fried seconded the
motion The motion passed unanimously
B Vice Mayor Sullivan expressed concern over a traffic signal
that has been placed by Metropolitan Dade County on West
Mashta He stated that he feels that if Dade County is
going to do this type of work within the Village the Board
should be told about it By consensus of the Board, this
item was referred to the Transition Committee
C Trustee Lauredo stated that he has received numerous calls
from the public with regard to the "Gala", and requested
that a Committee report be made by the Celebration
Committee at the October 22, 1991, Special Weekly Board of
Trustees meeting in order to clarify the intentions of the
Committee
D Vice Mayor Sullivan requested clarification from the
Interim Attorney David Wolpin as to the Key Biscayne
Council's pending litigation Mr Wolpin reiterated that,
as requested by the Board of Trustees at the October 1,
1991, meeting, he has researched the litigation and has
asked the Council Attorney to preserve the status quo of
the litigation He stated that he did not "advise" or
"recommend" that the Council do anything on behalf of the
Village, but rather suggested that the Council proceed
with the litigation until such time as the Village can take
a position, if any, in this regard
Council Member Betty Sime requested that the Board of
Trustees make a request to the Key Biscayne Council that
they file an appeal with regard to the litigation Trustee
Hill stated that because the Village does not have its
official Attorney in place, it would not be prudent for the
Board to request such "Legal" action at this time without
benefit of Counsel Trustee Lauredo concurred Trustee
Fried requested clarification as to what the Council's
position is at this time Interim Attorney David Wolpin
stated that it is up to the Council as to whether or not to
continue the litigation, and that at this point the Village
Board of Trustees does not have to take any legal action in
this regard but to request that the Council preserve the
"status -quo"
After further discussion and debate from the floor, Trustee
Brody moved that the Board of Trustees make known to the
Council that it is the sense of the Board of Trustees of
the Village of Key Biscayne that Key Biscayne Council take
necessary action to preserve the status -quo, and that the
making of this request in no way obligates the Village
Board to participate in the Law suit or take any additional
action what -so -ever The motion was seconded by Trustee
Fried The question was called and the Board voted as
follows
10/15/91 - Minutes
Page 5 of 7
Trustee Brody yea Trustee Fried yea
Trustee Hill nay Trustee Lauredo nay
Trustee Rasco yea Vice Mayor Sullivan yea
Mayor Conte yea
Interim Village Attorney David Wolpin cautioned Board of
Trustees members, who also serve on the Key Biscayne
Council, not to participate in discussions at Council
Meetings in order to avoid any appearance of violation of
the Sunshine Law
7
NEXT MEETING* The next meeting of the Board of Trustees of the
Village of Key Biscayne will be held at 7 00 p m , Tuesday, Oc-
tober 22, 1991 at Key Biscayne Elementary School Cafeteria
8. GOOD OF THE ORDER.
A The Interim Village Clerk was instructed by the Board to
place specific committee reports on the Agenda only at the
request of the Committee Chair, in order not to mislead the
public into believing that a report will be given by each
Committee at every meeting
B Trustee Rasco, on a point of order with regard to how the
meetings are run, reminded the audience that there are
certain procedures which should be followed emphatically
that any one who wishes to speak on any item that is on the
agenda must register with the Clerk prior to the Meetings
He also stated that any item not on the agenda, that
someone would like the board to address, should also be
registered with Clerk to be taken up under "Other Business/
General Discussions" He also reiterated that anyone from
the public sector that will be speaking at the meetings
must state his/her name and address when addressing the
Board, without exception Trustee Lauredo concurred and
added that anyone, including the Board of Trustees, wishing
to speak, should wait until recognized by the Mayor
Trustee Brody concurred with the procedure, however he
commented that input from the public is valuable to the
Board of Trustees and should be encouraged with the proper
procedures followed by all
C Russ Marchner addressed the Mayor and Board of Trustees by
stating the Interim Village Attorney, David Wolpin,
representing the Dade County League of Cities, will be
unable to attend the next meeting of the Board of Trustees
due to conflicting schedules and suggested that he will try
to solicit another Attorney, affiliated with the League, to
attend that meeting if the Board so requests He also
stated that Milan Dluhy of the Institute of Government is
available to discuss the possibility of prepare some sort
of planning session for the Board of Trustees (i e
Running a meeting, planning a municipal government, etc )
9 ADJOURNMENT The Meeting was adjourned by Mayor Conte, after a
motion to adjourn by Vice Mayor Sullivan at 9 55 p m
10/15/91 - Minutes
Page 6 of 7
Submitted for approval by
Beatris M Arguelles,
Interim Village Clerk
Approved this 29th day of October, 1991, by a Unanimous vote of the
Board Moved by Trustee Fried, Seconded by Trustee Rasco
Rafael nte, Mayor
Beatris M. Argue le
Interim Village Clerk
Any person wishing to appeal any decision made by Bard with
respect to any matter considered at this meeting, will a record of
the proceeding, and for such purposes, may need to s -4p tbdt ,a
verbatim record of the proceeding is made, which record 1.ncl odes f,,t'he
testimony and evidence upon which the appeal is made
10/15/91 - Minutes
Page 7 of 7
ORDINANCE NO qi_6Ai
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 EXCEED TWELVE MONTHS, PROVIDING FOR
EXECUTION OF DOCUMENTS, AUTHORIZING FURTHER
OFFICIAL ACTION, SPECIFYING GOVERNING LAW,
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE
WHEREAS, Article 8, Section 2(b) of the Constitution of the
State of Florida grants to municipalities such governmental,
corporate and proprietary powers as are necessary in order to
enable them to conduct municipal government, perform municipal
functions, and render municipal services, and
WHEREAS, Section 166 021(4), Florida Statutes 1990, grants to
municipalities all powers not expressly prohibited by the
Constitution, general or special law, or County Charter; and
WHEREAS, Section 4 03(6) of the Charter of the Village of Key
Biscayne provides that the Village Board of Trustees may by
ordinance borrow money, and
WHEREAS, the Village is in need of interim funds to pay for
various municipal expenses until such time as it begins to receive
revenues from various sources,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS.
Section 1. Authorization.
The Village is hereby authorized to incur indebtedness in an
amount up to $100,000 to pay for various municipal expenses and
services on an interim basis.
Section 2 Terms of Indebtedness
The interest rate, terms, maturity and other details of such
indebtedness are subject to approval by this Board by subsequent
resolution
Section 3 Repayment
Such indebtedness shall be repaid by the Village through
taxes, fees and other revenues received by the Village.
Section 4. Term.
The term of such indebtedness shall not exceed 12 months
Section 5. Execution of Documents
The documents evidencing such indebtedness shall be executed
in the name of the Village by the Mayor and shall be approved as to
form and correctness by the Village Attorney.
Section 6. Further Official Action.
The Mayor, Vice Mayor, Village Manager and Village Attorney
are hereby authorized, empowered and directed to execute and
deliver such other documents and take other such actions which
shall be necessary and appropriate to incur the indebtedness.
Section 8. Governing Law.
The provisions of this ordinance shall be construed and
enforced in accordance with the laws of the State of Florida.
Section 7. Severability
The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance
shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 8. Effective Date.
This Ordinance shall be effective upon adoption on second
reading upon approval not less than five members of the Board of
Trustees
PASSED AND ADOPTED on first reading this day of
, 1991.
PASSED AND ADOPTED on second reading this day of
, 1991
Rafael H Conte, Mayor
Attest
Village Clerk
Approved As to Form And
Legal Sufficiency
Village Attorney
3-
BANK PROPOSALS Strom =AGE CF KEY BTSCA. E 10 -act -91
CRTIERIA
HARDErr
CITIBANK
1NTERCOMNINIAL
JEFFERSCN
KEY BISCIAYNE (2)
NORIHERN T Rusr
CREDIT IDE
AMOUNT
CUPR RATE
RATE BASIS
$100,000
4 92%
61 5% CF PRIME
ND BILE
$100,000
9 5%
1% OVER BASE
$100,000 (5)
5 75%
2 25% BELCfni PRUE
ND BID
ND RESPONSE
AANK AfJCOUNrS
OPERATIM
88% CF' T -BILL (3)
$10+00016 CF BAL
$ 304-095 ITEM
$ 13 PER HEX
88% CF T -BILL (3)
$10+ 00016 OF PAL
$ 30+ 095 ITEM
$ 13 PER CHECK
4 5% AVG BALAN
S13 50
$ 20+$ 10 TIE N
$ 12 PER CI f(
4 5% AVG BAIPNXE
$13 50
$ 20+$ 10 T]EJN
$ 12 PER CHECK
0 15% MG BAL (6)
$10 00 (6)
$ 15 PER TIN (7)
$ 15 PER CHECK
0 15% AVG BAL (6)
$10 00 (6)
$ 15 Pmt TIEM (7)
$ 15 PER CHEXX
CREDIZS
MST
M INI: MI,Y
TE T1S
CHECKS S
PAY1 L
CREDITS
QOSI'
MICHLY
LE:PCSITS
HD S
CASH Ng1NiAC Tr
SWEEP AOOO[JNr
YES - DAILY
YES - LAMY
YES - LAMY
ELECfftC TRW
RATE INDCMIM
RATE OCTILDI1%
Chi -I.
$10 (4)
$8 (4)
ON-L
$10
$20
ON-LINE
$5
$15
YES
NOT PROVIEED (8)
NOT PROVILED (8)
YES
1% MIN $50+ (1)
2% MEN $100+ (1)
itir PROWLED (8)
N/A
N/A
IE'1'IERS CF CHIT
°CST -NFL
OCSTL-S1 AANCBY
MUN TUNES Poc1L
YES
YES
NOT PROVIDED (8)
CIS F S 166
Nl1r PR7VY.IED (8)
YES
NOT PAOVICED (8)
CAPTIAL RATIO
7 70
8 46
7 96
RAT N S
SCESHUNOEF S
MUDDY S
IDC
OIHER
NC7r P1 1IL D (8)
A 2
NOr PRCNICED (8)
YES SEE PROPOSAL
Ica, HICNI ED (8)
NOT PRO1TILEI) (8)
NJr PROVIIED (8)
YES -SEE PROPOSAL
NOr FROMM (8)
rim PRC IOED (8)
NOT PFAVItI D (8)
AUDITED FTNAICIALS
FOOINDIES
(1) SEE PROPOSAL FCR MORE I1 TIal
(2) PFOPOSAL RECEIVED AFTER 'DIE tE t LnE
(3) NXNIH S AVG CF 90 LAY T -BILL RATE WEB 12% RESERVE
(4) PIIJS $25/MONIH FCR PC ON--LThE TO BANK, MST FU 1 DAL PFccEssntz NC7r PR VIIED
(5) LARGER AMAJNIS AVAILABLE ON REXEST & NEGOTIATION
(6) MCNTHf2( FEE IS ALSO WAIVED IF $2,000 AVERS BALANCE
(7) $0 12 Cti CHECKS EIRMN al KEY BISCAYNE BANK
(8) NM MIMED IN PROIrE AL, BANK mAy CJft NEAY N Yr pRoiacE Tim SERVICE CR Mir THIS CRITERIA