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HomeMy Public PortalAbout11-12-91 Regular Council Meeting.tifMINUTES REGULAR MONTHLY BOARD OF TRUSTEES MEETING VILLAGE OF KEY BISCAYNE Tuesday, November 12, 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, Luis Lauredo, Joe Rasco and Ray Sullivan, Vice Mayor, providing a quorum 2 INVOCATION Ann Owens gave the invocation. 3 PLEDGE OF ALLEGIANCE Mayor Conte led the Pledge of Allegiance 4 APPROVAL OF THE MINUTES I October 29, 1991 - Trustee Fried asked that the minutes be amended to reflect that the word "me" in the last sentence of paragraph 2, on page 4 of 8, be changed to the word "be" He also requested that the verbage used in item # 4(c), line 9, be clarified for the record Trustee Lauredo stated that the intent in his motion was to "waive the competitive bid" and moved that the verbage be changed to reflect his intent as follows impracticable to achieve the purchase through a competitive bid process" (instead of impracticable to do so " II October 30, 1991 - Special Budget Meeting Trustee Brody moved that the minutes be approved as amended and submitted,respectively The motion was seconded by Vice Mayor Sullivan and passed unanimously by the Board (6-0) 5 AGENDA ADDITIONS/DELETIONS/SUBSTITUTIONS Village Attorney Richard Weiss reported that Trustee Hill requested that since he is out of town and cannot attend the meeting that Item #'s 8 (A-4) and 9 (B) be deferred Trustee Fried moved that the items be so deferred Trustee Lauredo seconded the motion The motion carried unanimously (6-0) Trustee Brody moved that an item be added to the Agenda in item #9 with regard to resheduling of meetings presently scheduled for December 24th and December 31st The motion carried unanimously (6-0) after a second by Trustee Lauredo 6 ORDINANCES - SECOND READING/PUBLIC HEARING None 7 RESOLUTIONS A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE PROVIDING FOR INTERIM PROFESSIONAL SERVICES AGREEMENT TO SECURE CERTAIN PLANNING AND ENGINEERING SERVICES FOR THE VILLAGE OF KEY BISCAYNE WITH TOTAL COMPENSATION UNDER SUCH INTERIM AGREEMENT NOT TO EXCEED $10,000 11/12/91 - Minutes Page 1 of 6 Trustee Brody reported that the firm of James P Duncan & Associates had previously submitted a letter declining to bid on the above contract, but have subsequently submitted a proposal He requested action by the Board as whether or not the proposal should also be considered, since it had been received after the deadline and after the other bids had been made public Following advice from the Village Attorney, the Board concurred that the bid should not be considered due to the circumstances and in the spirit of fairness to the other firms that submitted a bid on time Trustee Brody recommended that the Board hear a five minute presentation from each of the four firms (CAP Engineering, Kunde Sprecher, Craig Smith & Associates and Swarthout & Associates) The Board concurred and allowed each firm to make a presentation Following each presentation the Board asked specific questions with regard to qualifications of each firm Following the presentations and the question and answer period, the Board discussed the qualifications of each firm Trustee Rasco moved that the firm of CAP Engineering be contracted to provide interim services delineated in the Resolution The motion was seconded by Trustee Brody Discussion ensued with Vice Mayor Sullivan expressing concern over the fact that the Firm does not carry liability insurance Trustee Brody stated that the proposal submitted by the firm stated that they are willing to obtain ad- equate insurance to fulfill the wishes of the Board Trustee Lauredo suggested that this be stipulated in the motion and asked that the motion be amended Village Attorney Richard Weiss recommended that a dollar amount be reflected in the motion After further discussion, Trustee Rasco accepted an amendment to include that the firm provide adequate insurance of up to $1 Million Dollars, but no less than $500,000 The amended motion was seconded by Trustee Brody and the motion passed unanimously (6-0) Trustee Fried moved that the Resolution authorizing the above action be approved Trustee Lauredo seconded the motion The Board voted unanimously (6-0) to approve the Resolution A RESOLUTION AUTHORIZING EXECUTION OF A LEASE WITH THE KEY BISCAYNE BANK BUILDING OFFICE SPACE, AUTHORIZING THE MAYOR TO EXECUTE THE SAME, PROVIDING FOR EFFECTIVE DATE Vice Mayor Sullivan requested that action be deferred until a final draft of the Lease can be worked out between the Key Biscayne Bank and the Village Attorney Trustee Lauredo moved that the item be deferred Trustee Rasco seconded the motion, and the Board unanimously (6-0) voted to defer the resolution 8 REPORTS AND RECOMMENDATIONS A MAYOR AND TRUSTEES 1 DISCUSSION OF THE CREATION OF A VILLAGE ZONING BOARD - 11/12/91 - Minutes Page 2 of 6 Placed on the Agenda by Trustee Hill and Lauredo, respectively - Trustee Lauredo reported that he asked that this item be placed on the Agenda for discussion After brief discussion, from among the Board, and comments from the floor, Trustee Brody suggested that although he is in agreement with the concept of a Zoning Board, he feels that it may be premature to appoint such a Board at this time, without the benefit of the input from a Village Manager He also suggested that appointing a Zoning Board at this time, may cause another level of bureaucracy (duplicative processing) for the citizens, since the interlocal agreement signed between the Village and the County basically performs the function of processing Building and Zoning matters He added that once the Village is prepared to take over these services that the County is presently providing, a Zoning Board will be appropriate Trustee Lauredo stated that he recommends that the Board keep this in mind for the future because it will be an integral part of the Village functions No further action was taken by the Board 2 CABLE T V - UPDATE - Trustee Brody reported that thanks to the efforts of the Transition Committee and Village Attorney Richard Weiss, Metropolitan Dade County will be remiting a check (approximately $9,000 ) representing franchise fees from the cable company (Adelphia Cable) Trustee Brody also reported, as directed by the Board, that he has had conversations with Adelphia Cable in which they have agreed to air Board of Trustees Meetings without charge He stated that this fee may be subsequently worked out from the franchise fees It was the sense of the Board to authorize Trustee Brody to continue to pursue the televising of Board of Trustees Meetings Trustee Lauredo announced that the Gary Dellapa, Assistant County Manager, has remitted a letter to FPL and the Water and Sewer Department with instructions to remit utility taxes, collected within the Village boundaries, to the Village of Key Biscayne Trustee Brody stated that this was accomplished through the tremendous efforts of Trustee Lauredo and his Committee, as well as that of Village Attorney Richard Weiss The Board, as well as the audience concurred with a round of applause 3 P A SYSTEM - UPDATE - Trustee Brody distributed to the Board, bids from Miami Audio -Visual Company, Sound Performance and Sarbey Systems, for a P A System and proposed that the Board authorize the purchase from among these bids (attached hereto) After further discussion by the Board, Trustee Lauredo moved that the Board of Trustee Authorize the purchase of a P A system from Sarbey Systems The motion was seconded by Trustee Fried, and unanimously approved (6-0) by the Board 11/12/91 - Minutes Page 3 of 6 4 DISCUSSION OF ISSUING CERTIFICATES OF APPRECIATION TO COMMITTEE MEMBERS - Deferred to November 19, 1991 (See Agenda Item 5 ) B VILLAGE ATTORNEY Richard Weiss reported that the format of this agenda was formulated between the Clerk and himself He stated that it is a suggested format for all future Agendae for input from the Board With regard to the Transition Committee, Attorney Weiss requested guidance as to procedures in working with the County on Transitional matters Trustee Lauredo stated that the suggested procedures would be to have Counsel (with no policy, or decision making powers) attend meetings with County Staff to discuss transitional matters, and report back to him He added that in this manner, as a Trustee with delegated authority to discuss policy, he may discuss issues on a one-to-one basis with the designated County Commissioner, with a final decision to be brought back to the Board for approval He stated that it is inequitable for a Trustee to negotiate with staff Trustee Brody added that Trustee Lauredo should meet on an equal footing with the County with recommendations to be brought back to the full Board for a final decision Trustee Fried pointed out that the consensus of the Board is to authorize the Attorney to abide by procedures delineated The Board approved the procedures by consensus Attorney Weiss also requested authorization to meet with Attorneys involved in the Seaquarium litigation in order to obtain information and advise the Board accordingly By consensus, the Board authorized the Attorney to proceed accordingly He also requested authorization to look into the law suits which challenge the exhistance of the Village By consensus, the Board authorized the Attorney to proceed accordingly With regard to meeting procedures and expediting the meetings, Attorney Weiss suggested that the roll need not be called on procedural items and simple resolutions and recommended that a voice vote be taken instead, with the Clerk noting the Vote count and any objections C VILLAGE MANAGER no report D COMMITTEE REPORTS 1 VILLAGE MANAGER SEARCH COMMITTEE - Committee Chairman Dr Steven Simon requested Board approval of "Ethical Guide- lines for Conducting our Search for a Village Manager" Trustee Brody moved that the Board adopt the guidelines Trustee Fried seconded the motion Discussion ensued afterwhich the Attorney recommended that there be an addition to the second item on page 2 of the guidelines "Village will pay expenses of candidates invited for interviews (extent to be determined by the Trustees) The motion passed unanimously (6-0) as amended 11/12/91 - Minutes Page 4 of 6 SCHEDULED MEETING DATES/TIMES FOR MEETINGS OF THE COMMITTEE (See attached List) Dr Simon distributed a list of questions for consideration by the Board with regard to "Candidate Profile Development" and asked that the Trustees review the questions and be prepared to give responses to the Consultant (Florida Public Management Group) when they meet the following week Dr Simon requested that an item entitled "finalizing of the recruitment profile (for the Village Manager) with the Consultant (Florida Public Management Group)" be placed on the Agenda for the Meeting of December 3rd, that the item be placed early on the Agenda (since the Consultant will be present at the meeting) and that a one hour time period be designated for this discussion The Board granted the request by consensus and requested that the Interim Village Clerk place the item on the Agenda at the appropriate time E REPORT FROM THE KEY BISCAYNE COUNCIL TRANSITION COMMITTEE ON POLICE- Ed Meyer, Committee Chairman, gave an oral presentation to the Board regarding recommendations as to what is needed on the Key with regard to increased Police protection He reported that the Committee envisioned police operations restricted to the Village that may be contracted (i e from City of Miami, Metropolitan Dade County or Wackenhut Mr Meyer also submitted a written report which is available through the Village Clerk's office No further action was taken by the Board 9 OTHER BUSINESS - GENERAL DISCUSSIONS A PROPOSED STRATEGIC PLANNING SESSION TO BE COORDINATED BY THE FLORIDA INSTITUTE OF GOVERNMENT AT FIU - Placed on the Agenda by Trustee Rasco (previously deferred) A memorandum from Milam Dluhy, Director of the Institute of Government was attached to the Agenda Russ Marchner addressed the Board as stated that at the last consideration of this proposal, the Board instructed the Institute to prepare a plan including a tentative date, time and place, as well as a schedule for the session Mr Marchner reported that the cost for this would be approximately $2000 Trustee Brody suggested that such a session be deferred until after a Village Manager is in place The Board concurred Mr Marchner was asked to look into possible sources of funding for the session AUTHORIZE VILLAGE ATTORNEY TO REPORT ON THE STATUS OF VMS DONATIONS AND OTHER DONATIONS - Deferred to November 19, 1991 (See Agenda Item 5 ) C AUTHORIZE THE VILLAGE CLERK TO SOLICIT BIDS FOR OFFICE EQUIPMENT, INCLUDING COMPUTER, PHOTOCOPIER, FAX MACHINE, POSTAGE METER, OFFICE SUPPLIES AND PHONE SYSTEM Vice Mayor Sullivan stated that there is an immediate and urgent need for the equipment Trustee Fried moved that the Village Clerk be authorized to solicit bids for the equipment Trustee Brody 11/12/91 - Minutes Page 5 of 6 seconded the motion The motion passed unanimously (6-0) 10 APPROVAL OF THE BILLS PAYABLE - the Attached bills were approved by a unanimous (6-0) vote of the Board of Trustees after a motion to approve by Trustee Lauredo and second by Trustee Fried ADJOURNMENT - The meeting was adjourned by Vice Mayor Sullivan at 10 10 p m after a motion to adjourn Respectfully submitted for approval by Beatris 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 ba 11/12/91 - Minutes Page 6 of 6