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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