HomeMy Public PortalAbout2000 AllRESOLUTION NO. 2000-1
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FOR DISASTER RELIEF FUNDING FOR THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
EMERGENCY DECLARATION FEMA-1306-DR-FL
RESULTING FROM HURRICANE IRENE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Hurricane Irene caused severe flooding and other extreme weather conditions
beginning on October 14, 1999 and continued until October 24, 1999 which have had a devastating
impact upon the State of Florida resulting in the declaration of a State of Emergency by the Governor
(Executive Order No. 99-258); and
WHEREAS, the President of the United States has concurred and has declared an emergency
(FEMA-1306-DR-FL) for several counties in Florida; and
WHEREAS, the Federal Emergency Management Agency (tbMA), as a result of the
Presidential Declaration, has made available federal funds for disaster relief activities in FEMA-
1306-DR-FL; and
WHEREAS, the Village of Key Biscayne, Florida is eligible under said program for
reimbursement of costs associated with the preparation for, and recovery from Hurricane Irene.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute on behalf of the Village, in
substantially the form attached, the Disaster Relief Funding Agreement for the Federal Emergency
Management Agency (FEMA) Emergency Declaration FEMA-1306-DR-FL resulting from
Hurricane Irene.
Section 2. The Village Manager is hereby authorized to execute and provide additional
documentation associated with FEMA Emergency Declaration FEMA-1036-DR-FL.
Section 3. The Village Manager and the Village Attorney are authorized to take any and all
action necessary to implement the terms and conditions of the attached agreement.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOYt'hD this llth day of January, 2000.
MA OR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVFD AS TO FORM AND LEGAL S
RIC J. WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-2
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE A CONTRACT
WITH C.D.C. BUILDERS, INC. IN ACCORDANCE WITH
THE PLANS AND SPECIFICATIONS AS PREPARED BY
OBM MIAMI, INC. DATED JUNE 28,1999 IN THE AMOUNT
OF $300,000 FOR THE CONSTRUCTION OF PHASE ONE OF
THE BEACH PARK MASTER PLAN.
WHEREAS, the Village Council at the June 8, 1999 meeting directed staff to proceed with
the construction of Phase One, the Palm Court, of the Beach Park;
WHEREAS, the Village Council adopted Resolution 99-13 on February 9, 1999 authorizing
the Village Manager to execute the OBM Miami Inc. contract for final architectural services for the
Final design of the Beach Park;
WHEREAS, bids were received on October 18, 1999 to construct the Palm Court at a cost
of $364,323 less the stone veneer ($35,000) and the guardhouse ($29,323).
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the contract in accordance
with the plans and specifications prepared by OBM Miami on behalf of the Village with C.D.C.
Builders dated June 28, 1999 in the amount of $300,000 with a contingency of $30,000.
Section 2. The Village Manager and Village Attorney and the consulting architect are
authorized to take any and all action necessary to fully implement the purposes of this Resolution.
Section 3. Project funding in the amount of $330,000 is available from the Recreation
Reserve and the Capital Improvement Fund.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 ith day of January , 2000.
OE I. RASCO
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL Y:
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-3
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; STRONGLY
OPPOSING ANY PROPOSED LEGISLATION TO ASSIGN
THE CONTROL OF THE DELIVERY OF POSTSECONDARY
WORKFORCE EDUCATION PROGRAMS TO THE STATE
COMMUNITY COLLEGE SYSTEM; AND FURTHER
URGING THE FLORIDA LEGISLATURE TO MAINTAIN
THE CURRENT DUAL DELIVERY SYSTEM BY
CONTINUING APPROPRIATIONS FOR ADULT AND
POSTSECONDARY VOCATIONAL PROGRAMS TO BE
CONDUCED BY THE MIAMI-DADE COUNTY PUBLIC
SCHOOL SYSTEM.
WHEREAS, the Village of Key Biscayne opposes any effort by the Florida Legislature to
assign the delivery of adult and postsecondary workforce education programs to the control of the
Community College System; and
WHEREAS, the Village of Key Biscayne and its residents recognize that the School Districts
have a proven track record in delivering quality adult literacy programs, already receive 57% of all
workforce training funds in Florida and earn over 80% of the performance points in adult high school
programs; and
WHEREAS, the Village of Key Biscayne adopts the reasons and conclusions of Resolution
99-42 of The School Board of Miami -Dade County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Council of the Village of Key Biscayne, Florida strongly oppose
any proposed legislation to assign the control of the delivery of postsecondary workforce education
programs to the State Community College System.
Section 2. The Village Council of the Village of Key Biscayne, Florida hereby urge the
Florida Legislature to maintain the current dual delivery system by continuing appropriations for
adult and postsecondary vocation programs to be conducted by the Miami -Dade County Public
School System.
PASSED AND ADOPTED this 25th day of January , 2000.
YOR JOE I. RASC
CONCIATA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEG
RICH,L4IRDJAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-4
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FOR DISASTER RELIEF FUNDING FOR THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
EMERGENCY DECLARATION FEMA-3143-EM-FL
RESULTING FROM HURRICANE FLOYD; PROVIDING
FOR AN EI+'N'ECTIVE DATE.
WHEREAS, Hurricane Floyd caused severe flooding and other extreme weather conditions
beginning on September 14, 1999 and continued until September 16, 1999 which have had a
devastating impact upon the State of Florida resulting in the declaration of a State of Emergency by
the Governor (Executive Order No. 99-227); and
WHEREAS, the President of the United States has concurred and has declared an emergency
(FEMA-3143-EM-FL) for several counties in Florida; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the
Presidential Declaration, has made available federal funds for disaster relief activities in FEMA-
3143-EM-FL; and
WHEREAS, the Village of Key Biscayne, Florida is eligible under said program for
reimbursement of costs associated with the preparation for, and recovery from Hurricane Floyd.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute on behalf of the Village,
in substantially the form attached, the Disaster Relief Funding Agreement for the Federal Emergency
Management Agency (FEMA) Emergency Declaration FEMA-3143-EM-FL resulting from
Hurricane Floyd.
Section 2. The Village Manager is hereby authorized to execute and provide additional
documentation associated with FEMA Emergency Declaration FEMA-3143-EM-FL.
Section 3. The Village Manager and the Village. Attorney are authorized to take any and
all action necessary to implement the terms and conditions of the attached agreement.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of February , 2000
%,/old/eit
CONCHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND I.FOAL S
RICHARD J. WEISS, VILLAGE ATTORNEY
MAYOR JOE L RASCO
RESOLUTION NO. 2000-5
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPOINTING
MR. SERVANDO M. PARAPAR TO THE BOARD OF
TRUSTEES OF THE VILLAGE OF KEY BISCAYNE POLICE
OFFICERS AND FIREFIGHTERS RETIREMENT PLAN;
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Pursuant to Section 3 (a) of Ordinance 97-21, the Village of Key Biscayne
Police Officers and Firefighters Retirement Plan unanimously elected Servando M. Parapar to
continue as the fifth member of the Board of Trustees for a period of two years from October 28,
1999 to October 28, 2001. The Village Council shall, as a ministerial duty, appoint such person to
the Board of Trustees.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of February , 2000.
CONCHITA H. ALVAREZ, CM
VILLAGE CLERK
RICHARD JAY WEISS, VILLAGE ATTORNEY
APPROVED AS TO FORM AND
MAYO~R`JOE T. RASCO
CY:
RESOLUTION NO. 2000-6
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE A PROPOSAL WITH AGILE COURTS
CONSTRUCTION COMPANY TO REPAIR AND
RESURFACE THE TENNIS COURTS AT CALUSA PARK,
AND INSTALL ONE BASKETBALL GOAL AND LINE A
HALF COURT AREA FOR THE AMOUNT OF $14,380;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Resolution 99-27 (Case No. 95-23701 CA 01) between the Village of Key
Biscayne and Miami -Dade County insures that the tennis courts at Calusa Park will remain for at
least the next five years; and
WHEREAS, these courts are in a state of disrepair and require immediate attention; and
WHEREAS, a basketball hoop at Calusa Park would permit recreational opportunities lost
when the prior hoop was removed; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. The Village Council authorizes the Village Manager to enter into the attached
Agreement.
Section 2. That the Village Manager and the Village Attorney are authorized to take any
and all action necessary to implement the Agreement.
Section 3. That the Agreement, in substantially the form attached hereto, is hereby
approved and the Manager is authorized to execute the agreement on behalf of the Village.
Section 4. Funds are available in the Capitol Improvement Fund to finance this project
in an amount not to exceed $14,000.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of February 2000.
117g/a4/441/
CONCHITA H. ALVAREZ, CMC, VILLA
APPROVED AS TO FORM AND LEGAL S
Erihn
RICHARD J. WEISS, VILLAGE ATTORNEY
M AR JOE I. CSAR O
RESOLUTION NO. 2000-7
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA;
ADOPTING SITE PLAN B MODIFIED AS "THE
VILLAGE CIVIC CENTER SITE PLAN";
SUPERSEDING RESOLUTION 99-57 ON THE SAME
SUBJECT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Village Civic Center comprises a Fire Station, Administration/Police
Station with a parking garage, Community Center, Village Hall Chamber/Theater Building,
alignment of McIntyre Street with Galen Drive, construction of Village Green Way, and related
infrastructure.
WHEREAS, on June 8, 1999 the Village Council adopted Resolution 99-57 approving Site
Plan "B" as the official site plan for the Village Civic Center, and
WHEREAS, the Village Council held a Workshop on January 18, 2000 to review the overall
planning, placement and financing of the Village Civic Center Project, and
WHEREAS, the Village Council has determined that Site Plan "B" should be adjusted to
reflect a median between Crandon Boulevard and Village Green Way, re -location of the Fire Station
to Crandon Boulevard and McIntyre Street, and the Administration/Police Building to McIntyre
Street and Fernwood Road in addition to other minor site adjustments, and
WHEREAS, adoption of the Civic Center Site Plan is the cornerstone to proceeding with the
final design and construction of our municipal buildings.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Civic Center Site Plan "B" Modified is adopted as "The Village Civic
Center Site Plan" and shall be used for all planning, financing, development, and construction of the
municipal buildings and related infrastructure (see Exhibit "A").
Section 2. That the Urban and Architectural Guidelines are adopted by the Village
Council and shall be used by the architects and construction manager to insure that the Civic Center
is designed in a uniform and consistent manner (see Exhibit "B").
Section 3. The Village Civic Center Master Parking Plan for Site Plan "B" Modified
provides for 300 parking spaces of which 186 are located in surface parking lots and 114 are located
on the upper two floors of a parking garage (see Exhibit "C").
Section 4. That the Village Manager is authorized to execute the attached Agreement
with Spillis, Candela, and Partners Inc. which provides for architectural services associated with the
design of the parking garage. The Village Manager is authorized to execute each phase separately
for the work contained in the Agreement with a total cost of $90,000 plus reimbursables (see Exhibit
Section 5. That the Village Manager and the Village Attorney are authorized to take any
and all action necessary to implement this resolution.
Section 6. That Resolution 99-57 is hereby superseded.
Section 7. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of February , 2000.
CONCHITA IL ALVAREZ, CMC
VII J AGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-8
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT WITH THE KEY
BISCAYNE ATHLETIC CLUB; PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA,
AS FOLLOWS:
Section 1. That the Mayor is hereby authorized to execute the attached agreement, on behalf
of the Village, with the Key Biscayne Athletic Club, for recreational services, at a cost not to exceed
$35,000.00.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of February 2000
HITA H. ALVAREZ, CMC, VILLA
,URI:-
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RASCO
RICHARD J. WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-9
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
ENTER INTO AN AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF JUSTICE FOR A "COPS"
GRANT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne has applied for a grant in the amount of $75,000.00
over a period of three (3) years with the United States Department of Justice's Office of Community -
Oriented Policing Services (COPS); and
WHEREAS, the COPS grant will fund the hiring of one (1) additional full-time police officer
who shall be assigned to the federal drug task force; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to enter into an agreement with
the United States Department of Justice's Office of Community -Oriented Policing Services (COPS)
for a $75,000.00 grant and execute any other necessary documents in connection with the grant
effective October 1, 2000.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of March 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-10
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF
OF THE VILLAGE, WITH EDWARD E. CLARK
ENGINEERS -SCIENTISTS, INC., A FLORIDA
CORPORATION; PROVIDING FOR AN ENFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Edward E. Clark Engineers -Scientists, Inc., a Florida
Corporation.
Section 2. The Consultant shall provide general professional engineering services in the
environmental field.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of March 2000.
CONCHITA H. ALVAREZ, VILLAGE CLERIC
APPROVED AS TO FORM AND I.FOAL SUFFICIENCY:
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-11
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A
SPECIAL ELECTION ON A PROPOSED AMENDMENT TO
THE VILLAGE CHARTER, PURSUANT TO PETITION OF
ELECTORS, PROPOSING AMENDMENT OF CHARTER BY
CREATING SECTION 4.14 "SPECIAL ASSESSMENTS" TO
REQUIRE PETITION OF PROPERTY OWNERS OR
REFERENDUM ELECTION OF PROPERTY OWNERS
PRIOR TO IMPOSING SPECIAL ASSESSMENTS; AND
CALLING A SPECIAL ELECTION FOR THE PROPOSED
REPEAL OF ORDINANCE NUMBER 99-3, WHICH
PROVIDED ENABLING AUTHORITY FOR SPECIAL
ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING,
SANITARY SEWERS AND OTHER PUBLIC
IMPROVEMENTS, AND FOR THE PROPOSED REPEAL OF
ORDINANCE 99-9, WHICH AUTHORIZED THE VILLAGE'S
LOAN FROM THE STATE OF FLORIDA FOR THE
SANITARY SEWER PROJECT, PURSUANT TO
REFERENDUM PETITIONS OF ELECTORS SEEKING THE
REPEAL OF ORDINANCE 99-3 AND ORDINANCE 99-9.
WHEREAS, pursuant to Village Charter section 6.02(a)(ii), a petition (the "Charter Petition")
has been filed by electors of the Village of Key Biscayne (the "Village") proposing an amendment
to the Village Charter, creating Section 4.14 "Special Assessments", restricting the authority of the
Village Council to impose special assessments; and
WHEREAS, pursuant to Village Charter section 5.02(a)(ii)(A), two (2) referendum petitions
(the "Referendum Petitions") have been filed by electors of the Village of Key Biscayne proposing
the repeal of Ordinance 99-3, concerning special assessments for public improvements, and the
repeal of Ordinance 99-9, concerning the Village's loan agreement from the State of Florida
providing financing for the construction of improvements to the Village's sanitary sewer system; and,
WHEREAS, the Charter Petition and Referendum Petition proceedings were commenced on
December 3, 1999; all petitions were filed in the office of the Village Clerk on February 1, 2000;
were certified as legally sufficient by the Village Clerk on February 7, 2000; and were presented to
the Village Council on March 14, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That a special election is hereby called for Tuesday, the 16th day of May,
2000, to present to the electors of the Village of Key Biscayne (the "Village") the three (3) ballot
questions provided in Section 3 of this Resolution in accordance with the Charter Petition and
Referendum Petitions.
Section 2. That balloting shall be conducted between the hours of 7:00 AM and 7:00 PM
at the regular polling places for Village elections. All qualified electors residing within the Village
shall be entitled to vote.
Section 3. That notice of said election shall be published in accordance with Section
100.342, Florida Statutes, in a newspaper of general circulation within the Village at least thirty (30)
days prior to said election, the first publication to be in the fifth week prior to the election, and the
second publication to be in the third week prior to the election, and shall be in substantially the
following form:
NOTICE OF SPECIAL FT FCTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PETITIONS
OF ELECTORS AND THE REQUIRED ENABLING RESOLUTION DULY
ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, (THE "VIT T AGE") A SPECIAL ELECTION HAS BEEN
CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON
TUESDAY THE 16TH DAY OF MAY, 2000, BETWFFN THE HOURS OF 7:00
AM AND 7:00 PM, AT WHICH TIME THE FOLLOWING PROPOSITIONS
SHALL BE SUBMITTED TO THE QUALIFIED FT FCTORS OF THE VILLAGE.
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(1) "Title: Authority of the Village Council to Impose Special Assessments
for Public Improvements
The Village Charter does not currently impose restrictions upon the Village's
authority to impose special assessments.
Electors have petitioned to amend the Charter to provide that special assessments
shall not be imposed, unless:
(a) a majority of property owners to be specially assessed, petition for special
assessments; or,
(b) at an election of property owners to be specially assessed, a majority of those
voting, vote in favor of special assessments.
Shall the amendment be adopted?
[ ] Yes
[ ] No
(2) "Title: Repeal of Ordinance 99-3, Concerning Special Assessments For
Public Improvements
Ordinance 99-3 enables the Village Council to impose special assessments for public
improvements, including roads, water, street lighting, sanitary sewer, and other
public improvements, upon specially benefited properties.
Electors have petitioned to repeal Ordinance 99-3.
Shall the above -described Ordinance be repealed?
[ ] Yes
[ ] No
(3) "Title: Repeal of Ordinance 99-9, Concerning Loan For Sanitary Sewer
Improvement Project
Ordinance 99-9 authorized the Village to borrow money from the State of Florida to
finance construction of the Village's sanitary sewer improvement project.
Electors have petitioned to repeal Ordinance 99-9, so as to withdraw the authority of
the Village to enter into such loan transaction.
3
Shall the above -described Ordinance 99-9 be repealed?
[ ] Yes
[ ] No
Polling place information and the full text of the proposed Village Charter
amendment, the Ordinances proposed to be repealed by referendum, and the enabling
resolution for this election are available at the Office of the Village Clerk, located at
85 West McIntyre Street, Key Biscayne, Florida 33149.
Section 4. That the full text of the proposed Charter amendment, as set forth in the
Charter Petition, is to amend the Village Charter by amending Article IV "Legislative" by creating
Section 4.14 to read as follows:
Section 4.14 Special Assessments
Properties may be specially assessed according to law; however, no properties shall
be specially assessed by the Village, unless:
a) a majority of the owners of the properties to be specially assessed petition the
Village for a special assessment, or
b) an election of the property owners to be specially assessed is held to approve
the special assessment and a majority of the property owners voting, one (1)
vote per property, on a proposed special assessment vote in its favor.
Section 5 A. That Ordinance 99-3, as sought to be repealed by Referendum Petition,
is attached hereto as Exhibit "A".
B. That Ordinance 99-9, as sought to be repealed by Referendum Petition,
is attached hereto as Exhibit "B".
Section 6. That copies of this Resolution and the Charter Petition and Referendum
Petitions are on file in the Office of the Village Clerk, located at 85 West McIntyre Street, Key
Biscayne, Florida 33149, and are available for public inspection during regular business hours.
Section 7. That if a majority of the qualified electors voting on the proposed Charter
amendment vote for its adoption, it shall be considered adopted and effective upon certification of
4
the election results. In the event that the Charter amendment measure described in Section 4 above
is adopted, nothing therein shall be construed to in any way impair or impede the imposition of fees
for solid waste collection and recycling services (pursuant to Village Code Section 2-61 et. seq.) or
stormwater utility fees (pursuant to Village Code Section 29-1 et. seq.). Further, if adopted, the
Charter amendment shall apply prospectively only.
Section 8. That if a majority of the qualified electors voting on a referred ordinance, as
described in Section 5(A) or (B) above, vote in favor of the repeal of the ordinance, it shall be
considered repealed upon certification of the election results.
Section 9. That this resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 14th day of March, 2000.
Adoider
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MAYOR JOE I. RASCO
RIC JAY WEISS, VILLAGE ATTORNEY
E\103001\Resolutions \Repealing 99-3.doc
5
RESOLUTION NO. 2000-12
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING
LIMITED EXEMPTION FROM NOISE REGULATIONS FOR
CERTAIN HOLIDAY CELEBRATIONS PURSUANT TO
SECTION 17-5(d) OF CHAPTER 17 "NOISE" OF THE
VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village Council desires to implement the limited exemption from noise
regulations for certain holiday celebrations, as authorized by Section 17-5(d) of the Village Code,
subject to the conditions provided herein; and
WHEREAS, the Village Council has held a public hearing prior to the adoption of this
resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. A. Exemption. That pursuant to Section 17-5(d) of the Village Code, the
regulations of Chapter 17 "Noise" of the Village Code shall not be applicable to or enforced against
holiday celebrations held on July 4 (between the hours of 8:00 AM of July 4 until 2:00 AM of July
5), or holiday celebrations held on December 31 through January 1 (between the hours of 8:00 AM
of December 31 until 2:00 AM of January 1) (and other holiday celebrations designated by the
Village Manager), if such holiday celebrations are:
1. Conducted for social, noncommercial purposes at private residences; and/or
2. Conducted at restaurants or hotels;
and comply with each of the following conditions:
(a) any person desiring to avail himself or herself (the "Applicant") of the
exemption provided herein shall first register the Applicant's request for
exemption with the Village Manager, on a registration form provided by the
Village for such purpose, no less than fifteen (15) days prior to the date of the
holiday celebration for which the exemption is requested. The registration
form shall include a provision requiring that the Applicant shall comply with
the conditions of this resolution.
(b) The exemption provided by this resolution shall not include activities
occurring between the hours of 2:00 A.M. and 8:00 A.M. of the same day.
(c) The Applicant shall agree to provide off -duty law enforcement personnel, at
the sole expense of Applicant, if it is determined by the Village Manager that
such services are necessary to avoid the creation of a nuisance by
unreasonably disturbing the occupants of other premises.
(d) The Applicant shall conduct the holiday celebration in a manner which
mitigates any adverse impact outside of the premises upon which the
celebration is held, and in compliance with any noise mitigation measures
required by the Village Manager.
(e) The Village Manager grants the exemption request in writing by issuance of
a certificate of registration to the Applicant.
B. Denial of Exemption. The exemption shall be denied by the Village Manager if:
(1) the Applicant fails to agree to provide off -duty law enforcement or noise
mitigation measures, if required pursuant to paragraphs (A)(c), (d) above;
(2) the Village Manager finds that the holiday celebration may tend to create a
nuisance by unreasonably disturbing the occupants of other premises if an
exemption is granted.
C. Violation. Any violation of the conditions of this resolution shall cause a waiver of the
exemption provided by this resolution and shall constitute a violation of Chapter 17 of the Village
Code.
Section 2. That this Resolution shall be effective from and after adoption hereof.
2
PASSED AND ADOPTED this 14th day of March 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFICIEN
RIC
F:1103001\Resolutions\Noise Exempti
3
RESOLUTION NO. 2000-13
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE FLORIDA
LEAGUE OF CITIES, INC. (OCCUPATIONAL
LICENSES); PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA,
AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached agreement,
on behalf of the Village, with the Florida League of Cities, Inc. for the purpose of making the
necessary investigations and collect unpaid, escaped and delinquent privilege or occupational license
taxes from corporations, firms or associations transacting any insurance business in the Village of
Key Biscayne.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 11th day of April , 2000.
MAYOR JOE I. RAS "O
ST:
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. WEISS, VII.T AGE ATTORNEY
RESOLUTION NO. 2000-14
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE CONTRACTS
FOR INSTALLATION OF LANDSCAPING AND HARD
FEATURES IN NINE (9) VISTA PARKS; AND PROVIDING
FOR AN E]H'1''ECTIVE DATE.
WHEREAS, the residents of the Village have expressed a strong desire for improving the
aesthetic quality of the community streets to accompany the high quality of the residential
neighborhoods; and
WHEREAS, there exist five currently under-utilized and unsightly right-of-way areas
adjacent to desirable water view corridors which offer desirable sites for emphasis of those views
in vista parks along existing walkways at Canal Hacienda and Harbor Drive, Crandon Boulevard and
Pines Canal, Cape Florida Drive South and Pines Canal, Knollwood Drive and Pines Canal, and
Mariner Drive and Pines Canal; and
WHEREAS, there exists thinning plant materials at a key visual node within the cul-de-sac
at the east end of Ocean Lane Drive which could be improved with minor landscape infill; and
WHEREAS, there exist two key visual nodes where landscaping has become sparse within
cul-de-sacs at Seaview Drive and Cape Florida Drive which could be improved and accentuated with
landscaping and lighting; and
WHEREAS, the area adjacent to the Mashta Island Bridge and traffic circle is in dire need
of upgrading to accompany the new bridge and upcoming fountain to complete the feeling of an
entry to the island as well as an attractive streetscape; and
WHEREAS, the residents, Beautification Committee and Village Staff agree that
landscaping, seating and lighting of these focal visual points throughout Key Biscayne would
accomplish the goal of improving the streetscape while offering desirable amenities of seating and
pleasant views; and
WHEREAS, the Village, in order to provide said vista park and streetscape improvements,
requires the services of professional contractors.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is authorized to execute a contract to Four Seasons
Landscaping, Inc. to provide landscaping within the north side right of way along Harbor Drive
adjacent to the Canal Hacienda, within the cul-de-sac at the east end of Ocean Lane Drive, and
within the cul-de-sac at the east end of Seaview Drive.
Section 2. The Village Manager is authorized to execute a contract to Bert Newcomb
Landscaping, Inc. to provide landscaping within the west side right of way along Crandon Boulevard
adjacent to the Pines Canal, within the cul-de-sac at the east end of Cape Florida Drive, and within
the south side right of way along Cape Florida Drive adjacent to Pines Canal.
Section 3. The Village Manager is authorized to execute a contract to U.S. Lawns, Inc.
to provide landscaping within the north and south side rights of way along Knollwood Drive adjacent
to the Pines Canal, within the north and south side rights of way along Mariner Drive adjacent to the
Pines Canal, and within the east and west rights of way along Mashta Drive and Harbor Drive in the
vicinity of the Mashta Island bridge and traffic circle, subject to approval of the Mashta Island
Association.
Section 4. The Village Manager is authorized to execute a contract to Gorgeous Lawns
as general contractor to supply irrigation, water meter and backflow preventers within the Canal
Hacienda, Seaview Drive, Crandon Boulevard, Cape Florida Drive East, Cape Florida Drive South,
and Mashta Bridge Vista Park areas and to install pavers and Village Standard benches within the
Canal Hacienda and Crandon Boulevard Vista Park areas.
Section 5. The Village Manager is authorized to execute a contract to Interior Electric
as electric contractor to supply electric meters, panels, and uplights within the Seaview Drive,
Crandon Boulevard, Cape Florida Drive East, and Cape Florida Drive South Vista Park areas.
Section 6. The Village Manager is authorized to execute a contract to MEF Construction
as paving contractor for sidewalks, curb and gutter, and roadway pavers within the Mashta Bridge
Vista Park.
Section 7. The Village Manager is authorized to execute the agreement in phases as he
deems necessary.
Section 8. Funding of the project shall be obtained from the Capital Improvement
Program account in an amount not to exceed $150,000.
Section 9. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this llth day of April , 2000.
NCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORMAN LEGAL SUFFICIENCY
-
r
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KFY BISCAYNE, FLORIDA; OPPOSING THE
THREE BALLOT QUESTIONS PROPOSED BY THE
PETITIONER'S COMMITTEE FOR THE MAY 16, 2000
VILLAGE OF KEY BISCAYNE SPECIAL ELECTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State approved Master Plan requires the installation of a municipal sanitary
sewer system for the Village of Key Biscayne by the year 2008; and
WHEREAS, the Village Council believes that the ability to specially assess for special
projects is an important function of Village government; and
WHEREAS, the sharing of expenses for the sanitary sewer system on a fifty-fifty basis
between the affected homeowners and the Village taxpayers is a fair solution for funding the sanitary
sewer project; and
WHEREAS, the Village of Key Biscayne has obtained a loan of approximately 8 million
dollars for the sanitary sewer project at the exceptionally low interest rate of 2.56% and the special
assessment is a pledge for the repayment of the loan.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS;
Section 1. The Village Council of the Village of Key Biscayne, Florida hereby expresses
its opposition to the three ballot questions proposed by the Petitioner's Committee for the May 16,
2000 Village of Key Biscayne Special Election since the approval of the three questions would
impede the sanitary sewer project.
Section 2. That the Village Council of the Village of Key Biscayne authorizes the Village
Manager to send a mailing opposing the approval of the ballot questions to all the residents within
the Village.
Section 3. This resolution shall take effect immediately after adoption.
PASSFD AND ADOPTED this 28th day of April , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFIC
RICHARD JAY WEISS, VII J AGE ATTORNEY
OR JOE I. RAS 0
RESOLUTION NO. 2000-16
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT BETWEEN THE VILLAGE OF KEY
BISCAYNE AND MIAMI-DADE COUNTY TO CONTINUE TO
PROVIDE LANDSCAPE MAINTENANCE SERVICES ON
THE GROUNDS OF THE KEY BISCAYNE LIBRARY;
PROVIDING FOR AN EFFECTIVE DATE.
Whereas, Miami -Dade County is desirous of continuing the professional landscaping services
provided by the Village of Key Biscayne at the Key Biscayne Branch Library for the Miami -Dade
Public Library System; and
Whereas, the Village of Key Biscayne is both qualified and experienced in the performance
of these services; and
Whereas, Resolution 94-7 adopted March 8, 1994 authorized the Village Manager to execute
a contract with Miami -Dade County to provide landscape services on the grounds of the Key
Biscayne Branch Library for a six year period.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village of Key Biscayne agrees to continue to provide landscape maintenance
services on the grounds of the Key Biscayne Library under the terms and conditions of a new
agreement.
Section 2. The Village Manager is hereby authorized to execute the agreement, in
substantially the form attached hereto, between the Village of Key Biscayne and Miami -Dade
County.
Section 3. Each option period when renewed will provide for a 10% increase in the monthly
charge for the term of the renewal period.
Section 4. The Village Manager and the Village Attorney are authorized to take any and all
necessary actions to implement the terms and conditions of the attached agreement.
Section 5. Funds are available in the General Fund, Department of Public Works,
10.539.34.100 (Contractual Services) to fund this project.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOYI'ED this 6th day of June , 2000.
CONCHITA H. ALVAREZ, CMC
PR • VED AS TO FORM AND LE
JAY WEISS, VILLAGE ATTORNEY
CY:
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-17
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR
PUBLIC HEARING CONCERNING SANITARY SEWER
IMPROVEMENT PROJECT AND SPECIAL ASSESSMENTS;
PROVIDING FOR NOTICE OF HEARING; PROVIDING FOR
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Pursuant to Chapter 29.1 of the Village Code, a public hearing is hereby provided
for 7:00 p.m. on July 11, 2000, at the Village Council Chambers at 85 West Mc.Intyre Street, Key
Biscayne, Florida, in accordance with Section 29.1-16 of the Village Code.
Section 2. That at the above described public hearing all owners of property to be specially
assessed for the Sanitary Sewer Project (the "Project") and other interested persons may appear
before the Council and be heard as to: (1) the propriety and advisability of making the
improvements; (2) the cost thereof; (3) the manner of payment therefore; and (4) the amount thereof
to be assessed against each specially benefited property.
Section 3. At the above described public hearing the Village Council will determine whether
to authorize the "Project", and to adjust and confirm the imposition of special assessments as
provided by Section 29.1-16 of the Village Code.
Section 4. The Village Clerk shall provide for notice to be given of the above described
public hearing as provided by Section 29.1-16 of the Village Code.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of June , 2000.
HTTA H. ALVAREZ, CMC, V
APPROVEDg ASS TO FORM AND LEGAL
{ eA-9L�sv
HARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-18
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH
PELCO (POLLUTION ELIMINATION CORPORATION) FOR
SERVICING THE NEW SEWAGE PUMP STATION IN THE
VILLAGE PARK; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. This agreement specifically covers the operation and maintenance of the sewage
pumping station located at 400 Crandon Boulevard in the Village Green.
Section 2. That the Village Manager is hereby authorized to execute the attached agreement
and addendum "Exhibit A" attached hereto and made part hereof for servicing the sewage pump
station in the Village Green
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of June , 2000.
ST:
CONCHITA H. ALVAREZ, CMC, VILLA
OVED AS TO FORM AND LEGAL S
t
ato, MCI4ARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-19
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; DIRECTING THE
VILLAGE MANAGER TO SUBMIT TO THE VILLAGE
COUNCIL THE ANNUAL OPERATING AND CAPITAL
BUDGET OF THE VILLAGE OF KEY BISCAYNE ON OR
BEFORE JULY 15 OF EACH YEAR; PROVIDING FOR AN
ENFECTIVE DATE.
WHEREAS, the budget was previously distributed by the Village Manager to the Village
Council in late August or September; and
WHEREAS, this does not permit sufficient time to review the budget prior to budget
hearings; and
WHEREAS, early distribution of the annual operating and capital budget shall give
Councilmembers sufficient time to review the budget prior to the budget hearings; and
WHEREAS, this policy will allow more time to understand the needs of each Department
and the areas that need to be emphasized and prioritized; and
WHEREAS, this will enable each Councilmember to ask questions of the Village Manager
and the Department Heads allowing for a smoother budget process and better policy making.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby directed to submit the Annual Operating and
Capital Budget to the Village Council on or before July 15 of each fiscal year.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of June 2000.
CONCHITA H. ALVAREZ, C
APPROVED AS TO FORM AND
qt -
JAY WEISS, VILLAGE ATTORNEY
NCY:
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-20
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO TAKE NECESSARY STEPS
FOR IMPROVEMENTS TO THE PLAY FIELD AND
GROUNDS AT THE KEY BISCAYNE COMMUNITY
SCHOOL; PROVIDING FOR AN EtFECTIVE DATE.
WHEREAS, the play fields and grounds at the Key Biscayne Community School are in need
of immediate repair; and
WHEREAS, the Village of Key Biscayne is responsible for the maintenance of the field and
grounds in accordance with the 1993 agreement with Miami -Dade County Board of Education; and
WHEREAS, the Village Council of the Village of key Biscayne wishes to repair the field and
grounds.
NOW BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS
FOLLOWS:
Section 1. The village Manager is authorized to retain Williams Hatfield & Stoner to
prepare the plans and specifications to receive bids to improve the field and grounds.
Section 2. Funds to finance the project are in the Reserve Account Compensated
Absences and the Capital Improvement Fund.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of June 2000.
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-21
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE
VILLAGE OF KEY BISCAYNE AND COASTAL SYSTEMS
INTERNATIONAL, INC. (CSI) CORAL GABLES, FLORIDA,
FOR PROFESSIONAL SERVICES FOR THE PROPOSED 2000
VILLAGE BEACH RENOURISHMENT PROJECT;
SUPERSEDING RESOLUTIONS 99-6, 99-66 AND 99-96 ON
THE SAME SUBJECT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council, via Resolution 99-6 adopted January 12, 1999, authorized
the Village Manager to contract Coastal Systems International, Inc. (CSI) to perform engineering
services for the Proposed Village Beach Renourishment, in an amount not to exceed $395,000; and
WHEREAS, the proposed project involves the renourishment of approximately 6700 feet of
eroding shoreline of the Village by placing 100,000 cubic yards of soil fill on the beach in
accordance with the 1997 Long Range Beach Nourishment Plan; and
WHEREAS, the Village Council, via Resolution 99-66 adopted July 20, 1999, authorized
the Village Manger to contract Coastal Systems International, Inc. to perform a continuation and
expansion of services of Resolution 99-6, which included "Additional Field Investigations" as
requested and required by the United States Army Corps of Engineers (COE),. the State of Florida
Department of Environmental Protection (DEP) and the Miami -Dade County Department of
Environmental Resources Management (DERM), in respect to potential seagrass impacts; and
WHEREAS, the Village Council, vis Resolution 99-96 adopted November 16, 1999,
authorized the Village Manager to contractCSI to perform a Magnetometer Survey of the proposed
borrow areas as requested and required by the Florida Department of State Division of Historical
Resources; and
WHEREAS, these "Additional Field Investigations" and Magnetometer Survey were not, and
could not be, provided for in the original engineering proposal; and
WHEREAS, the inclusion of the "Additional Field Investigations" and Magnetometer Survey
increased the scope of work presented in the original proposal; and
WHEREAS, the expanded scope of engineering will be of significant benefit to the Project,
may ultimately reduce construction and future renourishment cost, and the engineering work
provided for in this Resolution will be defrayed by contributions of 75% cost -sharing from the State
and County Governments; and
WHEREAS, as of March 31, 2000 the Village has expended $370,131 for field and
geotechnical investigations, funding and permitting applications, plans and design specifications for
soliciting bids; and
WHEREAS, the attached Agreement for Professional Services (the "Agreement") and
accompanying Scope of Work for engineering services comprehensively describes the services and
provides funding requirements for construction administration, pie and post -construction monitoring,
additional services upon request and project administration and annual estimated post -construction
monitoring services for a three year period ending in 2003; and
WHEREAS, funds are not included in the Agreement to finance mitigation for seagrass
impacts which will be part of the construction costs per State designation and may range from
$50,000 to $300,000, nor tilling costs of approximately $10,000 per year for three years depending
on the results of the sand compaction monitoring.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF 1'HN,
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. This Resolution shall supersede the aforementioned Resolutions 00-6, 99-66,
and 99-96, to the extent of any duplication or conflict.
Section 2. The Village Manager is hereby authorized to execute the Agreement, in
substantially the form attached hereto, between the Village of Key Biscayne and Coastal Systems
International, Inc. (CSI) for professional engineering services for the Proposed 2000 Village Beach
Renourishment project. The Agreement shall replace and supersede the prior agreements between
the parties as authorized by Resolutions 99-6, 99-66 and 99-96, to the extent of any duplication or
conflict. The continuing contract authorized by Resolution 98-41 shall remain in full force and
effect.
Section 3. The Village Manager and the Village Attorney are authorized to take any and
all action necessary to implement the terms and conditions of the attached Agreement and provide
any and all documentation associated with the Project, as requested by the United States Army
Corps of Engineers (COE), the State of Florida Department of Environmental Protection (DEP) and
the Miami -Dade County Department of Environmental Resources Management (DERM).
Section 4. The Village Manager is hereby authorized to execute each phase (part) of the
Project separately, partially or completely for the work contained in the attached Agreement.
Section 5. Funds are available in the Capital improvement Fund to finance this
agreement in an amount not to exceed $599,000.
Section 6. This resolution shall take effect immediately upon adoption.
frav
PASSED AND ADOPTED this 6th day of June 2000.
A
Z44
CONCHITA ALVAREZ, CMC,
APPROVED AS TO FORM AND LEGALSTJFiICIENCY:
Agit-
J. WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
103001Vesolutions\approving sublease agreement for Key Biscayne Chamber of Commerce
RESOLUTION NO. 2000-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE SUBLEASE AGREEMENT BETWEEN THE VILLAGE
OF KEY BISCAYNE AND THE KEY BISCAYNE CHAMBER
OF COMMERCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council finds that the approval of the attached Sublease Agreement
between the Village of Key Biscayne and the Key Biscayne Chamber of Commerce (the "Sublease")
is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Sublease, in substantially the form attached hereto, is hereby approved
and the Village Manager is authorized to execute such Sublease on behalf of the Village.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this 6th day of June , 2000.
A H. ALVAREZ, CM
VED AS TO FORM AND LE
JAY WEISS, WI AGE ATTORNEY
CY:
MAYOR JOE L RASCO
RESOLUTION NO. 2000-23
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; ADOPTING THE
2000 GOALS AND OBJECTIVES, ATTACHED AS EXHIBIT
"A"; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne held a Goals and Objectives
Workshop on May 31, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Council of the Village of Key Biscayne adopts the 2000 Goals
and Objectives as shown in Exhibit "A" which is attached hereto, based upon consensus of the
Council at the Goals and Objectives Workshop held on May 31, 2000.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of June , 2000.
AS TO FORM AND
JAY WEISS, VILLAGE ATTORNEY
CY:
MAYOR JOE I. RASCO
EXHIBIT A
2000 VILLAGE OF KEY BISCAYNE
VILLAGE COUNCIL GOALS AND OBJECTIVES
Introduction:
Since incorporation of the Village, the Council of the Village of Key Biscayne has adopted Goals
and Objectives on (8) separate occasions. These Goals and Objectives are one of the primary factors
utilized for the development of the Annual Operating Budget and the Five (5) Year Capital
Improvement Program (C1P). The CIP is updated annually.
On May 31, 2000, the Village Council held its annual Goals and Objective session. By consensus,
the Council suggested the following resident needs:
1. Public Safety
2. High Quality Beach
3. High Quality School
4. Venues for Children
5. Venues for Adults
6. Playing Fields
7. Infrastructure
8. Millage Rate Discussions
9. Land Acquisitions
After extensive discussions, the Council recommended the following Goals and Objectives (listed
in alphabetical order). Goals are divided into the following priorities: Top and High Priorities and
Long Term Objectives.
Top Priority (0-12 Months)
A. Beach Renourishment
• Administer Renourishment Project
• Secure Funding from Miami -Dade County
• Secure Dedicated Funding Source from Rickenbacker Tolls
• Study Feasibility of Artificial Reefs
• Monitor Beach Improvement
B. Beautify All Areas Under Village Control
• Reconstruct Playing Field at Key Biscayne Community School
• Develop a Comprehensive Landscaping Program for Public Areas
• Increase Maintenance Budget
• Study Parking Policy and Lack of Parking and Landscaping (Grapetree,
Sunrise, Galen and Seaview)
1 of 4
" C o m m u n i t y C e n t e r
" F i r e S t a t i o n
" P o l i c e / A d m i n i s t r a t i o n B u i l d i n g
" C o m m u n i t y T h e a t e r / C o u n c i l C h a m b e r
C o n u n u n i t y I n f o r m a t i o n S t r a t e g y a n d A c t i o n P l a n
" B e t t e r u s e o f C h a n n e l 9 9
" V i l l a g e C o m p u t e r S y s t e m I m p r o v e m e n t P r o g r a m
C o n s i d e r a t i o n o f " K e e p S e n i o r s o n K e y B i s c a y n e " ( K S O K B )
"
G o v e r n m e n t I n v o l v e m e n t ?
" S h o r t a n d L o n g T e r m P o l i c i e s
C r a n d o n B o u l e v a r d B e a u t i f i c a t i o n a n d I m p r o v e m e n t s
" D e v e l o p P l a n
" S t r e e t T r e e P l a n t i n g
" S i d e w a l k s
" C u r b i n g
" B u s S h e l t e r s
" S i d e w a l k s t o S t a t e P a r k
" C r o s s w a l k s ( i n c l u d i n g B u t t o n O p e r a t e d L i g h t s )
" P i n e s C a n a l D e v e l o p m e n t V i s t a
H i r e A N e w M a n a g e r
O c e a n P a r k
" C o m p l e t e P r o j e c t i n N e x t 1 2 m o n t h s
" U s a g e ( E n t r a n c e , A c c e s s , H o u r s , e t c . )
P e d e s t r i a n C o m p r e h e n s i v e S t r a t e g y
" S t u d y a n d I m p l e m e n t S i d e w a l k P l a n
D e v e l o p B u d g e t
2 o f 4
" P u r s u e L a n d i n P a r k s
" I n v e s t i g a t e P u r c h a s e o f H o m e s
R e s i d e n t i a l S t r e e t S i g n s
" R e p l a c e V i l l a g e S t r e e t S i g n s
" R e d u c e N u m b e r o f S i g n s
S a n i t a r y S e w e r s
" C o n s t r u c t i o n
" A s s e s s m e n t s
H i g h P r i o r i t y ( 1 2 - 2 4 M o n t h s )
A . D e v e l o p H i g h Q u a l i t y S c h o o l
" B a l l f i e l d s
" I n c r e a s e d P a r k i n g
" N e w M i d d l e S c h o o l B u i l d i n g
" P a r t n e r w i t h K e y B i s c a y n e C o m m u n i t y S c h o o l / P T A / M i a m i - D a d e C o u n t y
P u b l i c S c h o o l s
B . H a r b o r D r i v e B e a u t i f i c a t i o n a n d I m p r o v e m e n t s
" D e v e l o p P l a n
" C u r b i n g
" R e s t r u c t u r e f r o m C r a n d o n B o u l e v a r d t o F e r n w o o d R o a d
C . L a n d A c q u i s i t i o n f o r P a s s i v e B a y P a r k
" I n v e s t i g a t e M a s h t a I s l a n d P r o p e r t y
D . 1 V B l l a g e R a t e
E . O c e a n L a n e D r i v e S t r e e t B e a u t i f i c a t i o n a n d I m p r o v e m e n t s
" R e c l a i m S w a l e s
" S i d e w a l k s
3 o f 4
III. Long Term Objectives (24 Months or More)
A. - Residential Street Lighting Study (TBD)
• Village -Wide Lighting Design Study
• Replacing Existing Lights with Village Character Lights
B. Underground Utilities: Study ($10 M est.)
• Explore Financing Options
• Holiday Colony
• Crandon Boulevard
• Complete at the Same Time as Street Lighting (Item A)
C:\OFFICE\WPWIN\DOCS\2000-GOA. WPD
4 of 4
RESOLUTION NO. 2000-24
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BID
FOR VILLAGE OF KEY BISCAYNE BEACH
RENOURISHMENT PROJECT (THE "PROJECT");
APPROVING CONTRACT FOR CONSTRUCTION OF THE
PROJECT BETWEEN THE VILLAGE AND RYAN
INCORPORATED EASTERN; PROVIDING FOR
CONDITIONS; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, pursuant to the advertised bid solicitation for the Village of Key Biscayne Beach
Renourishment Project (the "Project"), the Village received a sealed bid from a qualified contractor,
Ryan Incorporated Eastern on June 7, 2000 (the "Contractor") for construction of the Project, in
accordance with the designs and specifications prepared by Coastal Systems International, Inc. (the
"Engineer"); and
WHEREAS, the Engineer has recommended that the contract for construction of the Project
be awarded to Contractor, and
WHEREAS, the award and execution of the Contract for the Project shall be subject to the
conditions provided herein below.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and
incorporated herein.
Section 2. Bid Accepted. A bid is hereby accepted for the construction of the Project, as
follows: the bid of Contractor for construction of the Project in the estimated amount of
$1,694,000.00 is hereby approved and accepted, subject to the conditions stated in Section 4 below.
Section 3. Contract Approved. Subject to the conditions of Section 4 below, the Contract
between the Village and Contractor for the Project (the "Contract") in substantially the form attached
to the Project specifications is hereby approved and the Mayor and/or Village Manager is authorized
to execute the Contract on behalf of the Village, once approved by the Village Attorney as to form
and legal sufficiency.
Section 4. Conditions. That the acceptance of the bid and the approval and authorization
for execution of the Contract, as provided in Section 2 and 3 above, is subject to the following
conditions precedent:
1. That the Florida Department of Environmental Protection (the "FDEP")
approves of the Village's selection of the Contractor to perform the
Project;
2. The execution of a written acknowledgment by the Contractor stating that
Contractor recognizes that the work shall not proceed until receipt of the
following authorizations:
(a) Grant of easement from FDEP Division of State Lands;
(b) Receipt of permit from Miami -Dade County Department of
Environmental Resources Management ("DERM");
(c) Receipt of U.S. Army Corps of Engineers ("USACE") Permit.
Section 5. Implementation. That the Mayor and/or Village Manager is hereby authorized
to take any and all action necessary to implement this Resolution in accordance with its terms and
conditions.
Section 6. Effective Date. That this Resolution shall be effective immediately from and
after adoption hereof.
PASSED AND ADOPIhD this 27th day of June 2000.
CONCHITA H. ALVAREZ, CMC, VILLA
APPROVED AS TO FORM AND LEGAL S
RICHARD JAY WEISS, VII J AGE ATTORNEY
MAYOR JOE I. RASCO
2
RESOLUTION NO. 2000-25
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; DETERMINING THE PROPOSED NIILLAGE
RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND
THE DATE, TIME AND PLACE FOR THE FIRST AND
SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY
LAW; DIRECTING THE CLERK AND MANAGER TO FILE
SAID RESOLUTION WITH THE PROPERTY APPRAISER
OF MIAMI-DADE COUNTY PURSUANT TO THE
REQUIREMENTS OF FLORIDA STATUTES AND THE
RULES AND REGULATIONS OF THE DEPARTMENT OF
REVENUE OF THE STATE OF FLORIDA; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on July 1, 2000 the Honorable Joel Robbins, Property Appraiser of Miami -
Dade County, Florida, served upon the Village of Key Biscayne, A "Certification of Taxable Value"
certifying to the Village of Key Biscayne its 2000 taxable value; and
WHEREAS, the provisions of Florida Statutes Section 200.065 require that within thirty-five
(35) days of service of the Certification of Taxable Value upon a municipality, said municipality
shall be required to furnish to the Property Appraiser of Miami -Dade County the proposed millage
rate, the current year rolled -back rate, and the date, time and place at which a first public hearing will
be held to consider the proposed millage and the tentative budget; and
WHEREAS, the Village Council desires to announce the dates of the first and second public
hearings to the Property Appraiser of Miami -Dade County; and
WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser
of Miami -Dade County and conferred at a public meeting with the Village Attorney and that being
otherwise fully advised in the premises.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the proposed millage for the first public hearing is hereby declared to be
3.606 mills which is $ 3.606 per $1,000.00 of assessed property within the Village of Key
Biscayne.
Section 2. That the current year rolled -back rate, computed pursuant to Section 200.065
F.S., is $ 3.5394 per $1,000.00.
Section 3. That the date, time and place of the first and second public hearings is hereby set
by the Village Council as follows:
Date Time Place
September 12, 2000 7:00 p.m. Key Biscayne Village Hall
Council Chamber (Second Floor)
85 West McIntyre Street
Key Biscayne, Florida 33149
September 26, 2000 7:00 p.m. Key Biscayne Village Hall
Council Chamber (Second Floor)
85 West McIntyre Street
Key Biscayne, Florida 33149
Section 4. That the Village Clerk and Village Manager are directed to attach the original
Certification of Taxable Value to a certified copy of this resolution and serve the same upon the
Honorable Joel Robbins, Property Appraiser of Miami -Dade County on or before August 4, 2000.
Section 5. This resolution shall be effective immediately upo� pi ho
PASSED AND ADOPTED this l lth day of July , 2001/
T:
CONCIATTA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO LEnSUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING IN
PRINCIPLE THE GOAL OF ENCOURAGING SENIORS TO
STAY ON KEY BISCAYNE; PROVIDING FOR AN
EFN'ECTIVE DATE.
WHEREAS, the Keep Seniors on Key Biscayne, KSOICB, Committee has brought to the
attention of the Village Council of the Village of Key Biscayne the needs and concerns of our Senior
citizens; and
WHEREAS, 17% of the population of the Village of Key Biscayne is 65 years of age or
older; and
WHEREAS, a recent survey, reported in the May 7, 2000 Miami Herald, indicated that 83%
of Seniors preferred to live out their lives in their present homes; and
WHEREAS, there is a need to coordinate the many resources available to Seniors through
the Federal, State and County govemments, as well as through private business, religious and civic
organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Council of the Village of Key Biscayne endorses in principle the
goal of encouraging Seniors to stay on Key Biscayne.
Section 2. That the Village Manager is hereby directed to assist the KSOKB Committee to
research, explore and develop a program to meet the needs of Seniors on Key Biscayne and to assign
a staff person to this project.
Section 3. That the Budget for the coming fiscal year be directed to include funds to
implement the goals of the KSOKB Committee.
Section 4. That the KSOKB Committee is requested to refine the needs of Seniors in our
community and to submit a final report to the Village Council within the next six months.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOP1'hD thisg4ay of,�2000.
ST:
CHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFI
711(‘ LAA
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-27
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THE
FLORIDA LEGISLATURE TO REFORM THE FLORIDA
WINDSTORM UNDERWRITING ASSOCIATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, windstorm insurance rates are skyrocketing at incredible rates; and
WHEREAS, communities and neighborhoods residing within designated windpool areas
have no choice but to purchase their insurance through the Florida Windstorm Underwriting
Association; and
WHEREAS, four -fifths of the Florida Windstorm Underwriting Association's board of
directors are representatives of property and casualty insurance companies, 12 individuals
representing the insurance industry and three non -insurance industry -related persons; and
WHEREAS, requests for rate increases are based upon the Florida Windstorm Underwriting
Association's own actuaries utilizing their own computer modeling and based upon their own
assumptions; and
WHEREAS, legislative oversight of the Florida Windstorm Underwriting Association is
minimal; and
WHEREAS, the Department of Insurance's ability to regulated the Florida Windstorm
Underwriting Association's rates is restricted by Florida law; and
WHEREAS, the Commissioner of Insurance's recent rejection of a rate increase by the
Florida Windstorm Underwriting Association was overturned by a three -member arbitration panel.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Legislature increase the membership of the Windpool Association to
reflect a majority of non -insurance industry -related persons.
Section 2. That the Florida Legislature reduce the deductibles within the windpool areas for
non -hurricane related wind damage.
Section 3. That the Florida Legislature protect the homeowners and consumers of property
and casualty insurance within the windpool areas by allowing the Insurance Commissioner as
designated in statute to have final rate -making authority.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 11th day of July , 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VIII AG
APPROVED AS TO FOR LEGAL S
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-28
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE
VILLAGE CIVIC CENTER SITE PLAN; RESCINDING
RESOLUTION 2000-7 ON THE SAME SUBJECT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Village Civic Center comprises a Fire Station, Administration/Police
Station with a parking garage, Community Center, Village Council Chamber/Community Theater
Building, alignment of McIntyre Street with Galen Drive, construction of Village Green Way, and
related infrastructure; and
WHEREAS, on February 8, 2000, the Council adopted Resolution 2000-7 approving Site
Plan "B" Modified as the Village Civic Center Site Plan; and
WHEREAS, the Council held Workshops on June 13, 2000 and July 10, 2000 to review the
overall planning, placement, and financing of the Village Civic Center Project; and
WHEREAS, the Council has determined that the Modified Village Civic Center Site Plan
"B" (February 2000) does not provide sufficient land for a Village Council Chamber/Community
Theater Building; and
WHEREAS, the Council has determined that the Village Council Chamber/Community
Theater and the Community Center should be located on one site as this provides an opportunity to
share spaces and thereby reduce the cost of the project; and
WHEREAS, the Council will not have an area to conduct business as the current building
will be demolished in the Summer/Fall of 2001 and the new Village Council Chamber/Community
Theater building will not be constructed completed until 2003; and
WHEREAS, the Modified Village Civic Center Site Plan (July 2000) provides for the
placement of a Community Center and the Village Council Chamber/Community Theater on the
same site, an enlargement of the Administration and Police Building Site, a revised floor plan in the
Fire Station that will contain administrative offices and a temporary Village Council Chamber in the
community room, and a two lane road (no median) with parallel parking on McIntyre Street from
Village Green Way to Fernwood Road.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The "Modified Village Civic Center Site Plan 'B' (July 2000)" shall be used
for all planning, financing, development, and construction of the municipal buildings and related
infrastructure.
Section 2. That the Village Manager and the Village Attorney are authorized to take any
and all action necessary to implement this resolution.
Section 3. That Resolution 2000-7 is hereby rescinded.
Section 4.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this l lth day of July , 2000.
MAYOR JOE L RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED TO FQRM AND I,.FGAL SUFFICIENCY:
RICHARD JAY WEISS, VIT J AGE ATTORNEY
Modified Village Civic Center Site Plan "B" (July 2000)
Civic Center Master Plan
Village of Key Biscayne, Florida
Adopted by Resolution 2000-7
February 8, 2000
Revised
Ady7000
Modified Village Civic Center Site Plan "B" (FEBRUARY 2000)
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RESOLUTION NO. 2000-29
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA; AUTHORIZING AN AMENDMENT
TO THE AGREEMENTS WITH OBM ARCHITECTS, SPILLIS,
CANDELA & PARTNERS, AND THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES; DIRECTING THE
VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSAL
FROM ARCHITECTURAL AND/OR PLANNING FIRMS WHO
WISH TO ASSIST THE VILLAGE IN DEVELOPING A PROGRAM
FOR THE VILLAGE CHAMBER/COMMUNITY THEATER
BUILDING; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Village Civic Center comprises a Fire Station, Administration/Police
Station with a parking garage, Community Center, Village Council Chamber/Theater Building,
alignment of McIntyre Street with Galen Drive, construction of Village Green Way, and related
infrastructure; and
WHEREAS, the Village Council held Workshops on June 13, 2000 and July 10, 2000 to
review the overall planning, placement, and financing of the Village Civic Center Project; and
WHEREAS, on July 11, 2000 the Village Council adopted a Resolution which modified the
Site Plan for the Village Civic Center; and
WHEREAS, James A. Cummings Construction Inc., the Construction Manager for the
Village Civic Center, estimates that the average cost per square ft. is $155.00; and
WHEREAS, schematic plans for the Village Civic Center buildings indicate the project will
contain approximately 104,042 square feet; and
WHEREAS, an amendment to the agreement with OBM Architects is necessary as the plans
for the Fire Station need to be modified to include administrative offices and an expanded
community room which will also function as the temporary Council Chamber until permanent
facilities are constructed; and
WHEREAS, an amendment to the agreement with Spillis, Candela & and Partners is
necessary as the current terms and conditions were based on a building containing less floor area
than that which is currently being proposed and the adoption of the "Modified Village Civic Center"
results in changes to the schematic plans which were presented to the Council at the June 13, 2000
workshop; and
WHEREAS, an amendment to the agreement with the State of Florida Department of
Management Services is necessary as the current terms and conditions were based on a Civic Center
containing less floor area than that which is currently being proposed; and
WHEREAS, the Village Attorney has advised that the siting of the Community Center and
the Village Council Chamber/Community Theater on one site constitutes a substantial change in
conditions from the original Request for Proposals and that a new process must be initiated to
contract with an architectural firm to design these buildings on one site; and
WHEREAS, it is necessary to retain the services of a consultant to develop a program (size,
number of seats, space needs, etc.) for the Village Council Chamber/Community Theater.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is authorized to enter into the attached amended
agreements with OBM Architects; Spillis, Candela & and Partners Inc.; and, the State of Florida
Department of Management Services.
Section 2. That the Village Manager is authorized to execute each phase of the attached
agreements separately, partially or completely, as deemed necessary to design and construct the
Village Civic Center.
Section 3. That the Village Manager is directed to cause the issuance of a Request for
Proposals for consultant services to develop a program (size, number of seats, space needs, etc.) for
the Village Council Chamber/Community Theater.
Section 4. That upon Council's approval of a program for the Village Council/Theater
Building, the Village Manager is directed to cause the issuance of a Request for Proposals for
architectural services for a site that will contain a Community Center and the Village Council
Chamber/Community Theater, and
Section 5. That the Village Manager and Village Attorney are authorized to take any and
all action necessary to implement the terms and conditions of the attached agreements.
Section 6. That the attached agreements (State of Florida Department of Management
Services; OBM Architects; and, Spillis, Candela & and Partners Inc.), in substantially the form
attached hereto, are hereby approved and the Village Manager is authorized to execute the
agreements on behalf of the Village;
Section 7. This resolution shall take effect immediately upon adoption.
2
PASSED AND ADOPTED this llth day of July , 2000.
diaga
UVUAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFFICE
RICHARD JAY WEISS, VILLAGE ATTORNEY
3
RESOLUTION NO. 2000-30
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF
OF THE VILLAGE, WITH CARR SMITH CORRADINO, A
FLORIDA CORPORATION, FOR
ARCHITECTURAL/ENGINEERING SERVICES FOR THE
KEY BISCAYNE BANDSTAND, PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Carr Smith Corradino, a Florida Corporation.
Section 2. The Consultant shall provide professional architectural/engineering services
for the Key Biscayne Bandstand in an amount not to exceed $22,000.
Section 3. This resolution shall be effective immediately upon adoption.
PASSFT) AND ADOPTED this l lth day of July , 2000.
CONCEIT -EA ALVAREZ, CMC, VILLAGE C
hvi
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. WEISS, VILLAGE ATTORNEY
FLORID
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-31
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
PURCHASE VIDEOGRAPHIC EQUIPMENT FROM THE
ESTATE OF FRANK GARISTO IN AN AMOUNT OF $12,500;
PROVIDING FOR AN EI'I'ECTIVE DATE.
WHEREAS, the Village is desirous of purchasing videographic equipment from the Estate
of Frank Garisto (See attached list); and
WHEREAS, the Village Manager is requesting a Waiver of Competitive Bidding procedures
in accordance with Section 2-85 of the Village Code; and
WHEREAS, it would be to the advantage of the Village to purchase said equipment at the
negotiated price of $12,500 which is fifty percent (50%) of the value; and
WHEREAS, the videographic equipment is currently installed in the Village Council
Chamber.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to purchase videographic
equipment from the Estate of Frank Garisto in an amount of $12,500.
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this l lth day of July , 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFI
RICHARD J. SS,
Fob.
G ATTORNEY
RESOLUTION NO. 2000-32
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF
THE VILLAGE WITH MR. JORGE MORA, TO PROVIDE
VIDEO GRAPHIC SERVICES FOR THE VILLAGE OF KEY
BISCAYNE, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village is in need of VIDEO GRAPHIC Services; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Mr. Jorge Mora to provide VIDEO GRAPHIC services
for the Village.
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this llth day of July , 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. WEISS VILLAGE ATTORNEY
RESOLUTION NO. 2000-33
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; URGING THAT
KEY BISCAYNE, FLORIDA, BE INCLUDED IN PROPOSED
H.R. 673 AND S. 2711 FOR THE PURPOSE OF RECEIVING
GRANT FUNDS TO IMPROVE THE WATER QUALITY
THROUGHOUT THE MARINE ECOSYSTEM OF BISCAYNE
BAY, THE SURROUNDING WATERS OF THE ATLANTIC
OCEAN, AND THE FLORIDA KEYS; DIRECTING THE
VILLAGE CLERK TO FORWARD A COPY OF THIS
LEGISLATION TO THE HEREIN DESIGNEES; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 1999, Congressman Peter Deutsch (for himself and
Congressman E. Clay Shaw) introducted legislation before the United States House of
Representatives, cited as H.R. 673; and
WHEREAS, on June 12, 2000, Senator Bob Graham (for himself and Senator Connie Mack)
introduced legislation before the United States Senate cited as S. 2711; and
WHEREAS, said legislation known as the "Florida Keys Water Quality Improvements Act
of 1999" and the "Florida Keys Water Quality Improvements Act of 2000" respectively, would
authorize the Environmental Protection Agency ("EPA") to make grants to the Florida Keys
Aqueduct Authority and other appropriate agencies for the purpose of improving water quality
throughout the marine ecosystem of the Florida Keys; and
WHEREAS, both pieces of proposed legislation have been referred to the Committee on
Environment and Public Works; and
WHEREAS, Key Biscayne, Florida, ("the Key") is sensitive to its environmental
responsibilities concomitant with its location in the coastal waters of Biscayne Bay and the Atlantic
Ocean; and
WHEREAS, the Key has plans for an $8M sanitary sewer construction project to improve
the surrounding water quality; and
WHEREAS, for these reasons, the Village Council of the Village of Key Biscayne urges the
inclusion of Key Biscayne on H.R. 673 and S. 2711.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That Key Biscayne, Florida, be included in proposed H.R. 673 and S. 2711 for
the purpose of receiving grant funds to improve the water quality throughout the marine ecosystem
of Biscayne Bay, the surrounding waters of the Atlantic Ocean, and the Florida Keys.
Section 2. The Village Clerk is hereby directed to send a copy of this legislation to Senator
Bob Graham, Washington, D.C., Senator Bob Smith, Chairperson, Senate Committee on
Environment and Public Works, Senator Connie Mack, Washington, D.C., Congresswoman Ileana
Ros-Lehtinen, Washington, D.C., Congressman Peter Deutsch, Washington, D.C. and Congressman
E. Clay Shaw, Washington, D.C.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this l lth day of July , 2000.
MAYOR JOE I. RASCO
CHITA I3. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AllsiD LEGAL SUFFIC
O �1
RICHARD JAY WEISS, VILLAGE ATTORNEY
Office of the Village Clerk
Village Council
Joe I. Basco, Mayor
Martha Fdez-Leon Broucek, Vice Mayor
Scott Bass
Alan H. Fein
Mortimer Fried
Gregory C. Han
Robert Oldakowski
Village Clerk
Conchita H. Alvarez, CMC
July 17, 2000
Senator Bob Graham
524 Hart Senate Office Building
Washington, D.C. 20510-0903
Dear Senator Graham:
Attached please find a copy of Resolution No. 2000-33 from the Village of Key Biscayne, Florida
urging that Key Biscayne, Florida be included in proposed H.R. 673 and S. 2711 for the purpose of
receiving grant funds to improve the water quality throughout the marine ecosystem of Biscayne Bay,
surrounding waters of the Atlantic Ocean, and the Florida Keys.
The Village of Key Biscayne would appreciate any assistance you can provide with respect to this
matter.
Sinj{ely,
Conchita H. Alvarez, CMC —
Village Clerk
\cha8loc.Iet
85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914
MISSION STATEMENT: "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT"
RESOLUTION NO. 2000-34
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BID
FOR VILLAGE BEACH PARK PHASE II (THE "PROJECT");
APPROVING CONTRACT FOR THE PROJECT BETWEEN
THE VILLAGE AND DANCO DEVELOPMENT, INC.;
PROVIDING FOR EFh'ECTIVE DATE.
WHEREAS, pursuant to advertised bid solicitations for the Village Beach Park Phase II (the
"Project") the Village has received bids from contractors for construction of the Project, in
accordance with the design prepared for the Project; and
WHEREAS, the bid specifications (the "Specifications") for the Project authorize the Village
Council to waive any informality in any bid; and
WHEREAS, the Village Council finds that informalities in the bid of Danco Development,
Inc. ("Danco") shall be waived as follows: Danco's failure to submit with the bid, the contractor
qualification statement, line item breakdown, and bid alternates is hereby waived for the Project,
since the failure to provide this information at the time of submitting the bid did not place Danco at
an advantage over other bidders, and such waiver is in the best interest of the Village; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to award
the Project to Danco as the lowest responsible bidder meeting the Specifications for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and
incorporated herein.
Section 2. Bids Accepted. The bid of Danco is hereby accepted for the construction of the
Project, in the amount of $800.000 (including contingent funds).
Section 3. Contract Approved. The contract between the Village and Danco for the
construction of the Project (the "Contract"), in substantially the form attached to the Specifications,
is hereby approved and the Village Manager is authorized to execute the Contract on behalf of the
Village once approved by the Village Attorney as to form and legal sufficiency.
Section 4. Implementation. That the Village Manager is hereby authorized to take any and
all action necessary to implement this Resolution in accordance with its terms and conditions.
Section 5. Effective Date. That this Resolution shall be effective immediately from and
after adoption hereof.
PASSED AND ADOPTED this llth day of July , 2000.
CONCHITA H. ALVAREZ, CMC, VIT.T AGE
APPROVED
DASS TO FORM
�ANDD LEGAL SUFFICIENCY:
AN\
RICHARD JAY WEISS
103001\resolutions\approving danco contract for village beach park phase II
2
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-35
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE MAYOR AND THE VILLAGE MANAGER TO
NEGOTIATE WITH MIAMI-DADE WATER AND SEWER
DEPARTMENT FOR THE REPLACEMENT OF WATER
PIPES IN THE SANITARY SEWER PROJECT AREA AND
PROVIDING FOR AN EFFECTIVE DATE.
Whereas, the Village Council of the Village of Key Biscayne finds that some of the water
pipes in the Village of Key Biscayne have asbestos and present a problem to the residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Mayor and the Village Manager are authorized to negotiate with
MWASD an agreement allowing the MWASD to take advantage of the Village of Key Biscayne's
sanitary sewer construction project (i.e. opening of the trenches).
Section 2. That this resolution will authorize a 120 day delay in the present schedule of the
sanitary sewer project so that both the sanitary sewer and water pipes might be done simultaneously.
Section 3. That the Mayor and the Village Manager shall report back to the Council within
90 days as to the agreement negotiated with MWASD including any potential costs to the Village,
if any, for approval of the Village Council.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this l lth day of July , 2000.
MAYOR JOE I. RASCO
CONCHITA IL ALVAREZ, CMC, VIII AGE C
APPROVED AS TO FORMA LEGALSUFFTC
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-36
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KFY BISCAYNE, FLORIDA, IMPLEMENTING
EXEMPTION FROM NOISE REGULATIONS FOR PUBLIC
IMPROVEMENT PROJECTS OF THE VILLAGE OF KEY
BISCAYNE PURSUANT TO SECTION 17-5(B)(2) OF
CHAPTER 17 "NOISE" OF THE VILLAGE CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village Council desires to implement a conditional exemption from noise
regulations for the 2000 beach renourishment project, as authorized by Section 17-5(b)(2) of the
Village Code, subject to the conditions provided herein; and
WHEREAS, the Village Council has held a public hearing prior to the adoption of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1.
A. Exemption. That pursuant to Section 17-5(b)(2) of the Village Code, the regulations
of Chapter 17 "Noise" of the Village Code shall not be applicable to or enforced against public
improvement projects of the Village of Key Biscayne (the "Project"), from the date of issuance of
the notice to proceed for the Project until the completion and final acceptance of the Project, subject
to compliance with each of the following conditions:
1. Construction activities for the Project are conducted in a manner which
mitigates any adverse impact of noise upon properties adjacent to the area
of construction in compliance with any noise mitigation measures
required by the Village's building official.
2. The construction of the Project complies with building permit conditions
and any environmental regulatory permit conditions.
B. Revocation of Exemption. The exemption shall be revoked by the Village Manager,
after five days notice and an opportunity to be heard is provided to the contractor for the Project, if:
1. The Project contractor fails to comply with the conditions set forth in (A)
above or fails to promptly abate any incident of non-compliance as
directed by the Village Manager; or
2. The Village Manager finds that the construction activities may tend to
create a nuisance by unreasonably disturbing the occupants of other
premises, if the exemption is continued.
C. Violation. Any violation of the conditions of this Resolution shall cause a waiver of the
exemption provided by this Resolution and shall constitutea violation of Chapter 17 of the Village Code.
Section 2. Effective Date. That this Resolution shall be effective immediately from and
after adoption hereof.
PASSED AND ADOPTED this 11th day of July , 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VIi T AGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIEN
RICHARD JAY WEISS, VILLAGE ATTORNEY
10300 t\resolutions\exemption from noise regulations for public improvement projects
2
RESOLUTION NO. 2000-37
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; OPPOSING
MIAMI-DADE COUNTY'S PROPOSED CHARTER CHANGE
WHICH WOULD RESTRICT THE INDEPENDENCE OF
FUTURE MUNICIPALITIES TO BE CREATED AFTER
SEPTEMBER 1, 2000.
WHEREAS, there have been significant and numerous requests for incorporation from local
areas of common interest in and about unincorporated Miami -Dade County; and
WHEREAS, many citizen groups use this to empower themselves and local areas as their
vehicle of self governance through the creation of municipalities; and
WHEREAS, Miami -Dade County is attempting to restrict the citizen's ability to organize and
determine their governance structure with unreasonable standards, conditions and restrictions; and
WHEREAS, Miami -Dade County has scheduled a Charter Referendum for October 3, 2000,
a historically low voter turn -out election date.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The foregoing is true and correct.
Section 2. The Village Council of the Village of Key Biscayne urge each and every citizen
to study and review this proposed charter restriction for future municipalities.
Section 3. Each and every registered voter reject the principle of "two-tier" municipalities,
those which exist with full sovereignty charter powers, and those which will be relegated to a
downgraded second class status with less than full charter powers.
Section 4. The Village Council of the Village of Key Biscayne would urge each registered
voter to exercise their franchise and vote "no" thereby rejecting this limiting charter proposal.
PASSED AND ADOPTED this 1 lth day of July , 2000.
C S NCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFIC
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-38
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; ENDORSING
AND SUPPORTING THE CREATION OF THE
MUNICIPALITY OF MIAMI LAKES, WITHOUT
UNREASONABLE PRE -CONDITION WHICH WOULD
CREATE SECOND CLASS MUNICIPALITIES.
WHEREAS, a vanguard of citizens have organized and have diligently worked on the
creation of a new municipality in the Miami Lakes area; and
WHEREAS, these citizens wish to enjoy the benefits and burden of local self determination
with its own political, elected and administrative leadership; and
WHEREAS, the Miami -Dade County has created both unnecessary and stringent criteria
which portends to encase the citizens and residents of Miami Lakes in perpetuity.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KFY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The Village Council of the Village of Key Biscayne encourages and supports the
incorporation of the future municipality of Miami Lakes, but without unreasonable and burdensome
criteria in perpetuity.
PASSED AND ADOPTED this llth day of July , 2000.
YOR JOE I. RASCO
CONCHITA FL ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND/ LEGAL SUFFICIF.N
L
RICHARD JAY WEISS, VII T AGE ATTORNEY
RESOLUTION NO. 2000-39
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA; AUTHORIZING AN AMENDMENT
TO THE AGREEMENT WITH ROBERT G. CURRIE PARTNERSHIP
FOR THE DESIGN OF THE COMMUNITY CENTER; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, The Village Civic Center comprises a Fire Station, Administration/Police
Station with a parking garage, Community Center, Council Chamber/Theater Building, alignment
of McIntyre Street with Galen Drive, construction of Village Green Way, and related infrastructure;
and
WHEREAS, the Village Council held Workshops on June 13, 2000 and July 10, 2000 to
review the overall planning, placement, and financing of the Village Civic Center Project; and
WHEREAS, on July 11, 2000 the Village Council approved a Resolution which adopted the
Modified Village Civic Center Site Plan (July 2000); and
WHEREAS, James A. Cummings Construction Inc., the Construction Manager for the
Village Civic Center, estimates that the average cost per square ft. is $155.00; and
WHEREAS, an amendment to the agreement Robert G. Currie Partnership is necessary as
the current terms and conditions were based on a building containing less floor area than that which
is currently being proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the attached agreement with the Robert G. Currie Partnership, in
substantially the form attached hereto, is hereby approved and the Village Manager is authorized to
execute the agreement on behalf of the Village.
Section 2. That the Village Manager is authorized to execute each phase of the attached
agreements separately, partially or completely, as deemed necessary to design and construct the
Village Community Center.
Section 3. That the Village Manager and Village Attomey are authorized to take any and
all action necessary to implement the terms and conditions of the attached agreements.
1
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24th day of July , 2000.
&AWN°
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL S
h7,
MAYOR JOE L RASCO
RICHARD JAY WEISS, VILLAGE ATTORNEY
2
RESOLUTION NO. 2000-40
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE FIRST SERVE AT THE ERICSSON TO CONDUCT A
CHARITY PROGRAM WHICH SHALL BENEFIT THE
COMMUNITY PARTNERSHIP FOR THE HOMELESS AND
THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE
PARK; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Ericsson Open Championships in conjunction with the First Serve at the
Ericsson desires to conduct a benefit program for the Community Partnership for the Homeless and
the Ashe-Buchholz Tennis Center at Moore Park on Saturday, March 31, 2001 at the Tennis Center
at Crandon Park, (the "Event"); and
WHEREAS, Miami -Dade County in their letter dated June 9, 1998, marked Exhibit A and
attached to this Resolution, addressed to the Village Attorney, Joseph H. Serota, Weiss Serota
Helfman Pastoriza & Guedes, P.A., provided the Village with assurances that the agreement of the
Village to permit the Event will never be considered by the County as a waiver of the Village's right
to enforce the Declaration limiting the use of the Tennis Center at Crandon Park in the future, and
that the Village's agreement to allow the Event will not be considered an admission of any kind that
this Event or future events are consistent with the Declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The First Serve at Ericsson Fund Raising Program Event on March 31, 2001, is
hereby approved in reliance upon and in accordance with the terms and conditions as outlined in a
letter dated July 25, 2000, marked Exhibit B and attached to this Resolution, addressed to the Village
Manager from the Vice President, Community Affairs, Ericsson Open, Mr. Tom Annear, and subject
to the condition that all net program proceeds shall benefit the Community Partnership for the
Homeless and the Ashe-Buchholz Tennis Center at Moore Park.
Section 2. The Declaration concerning the use of the Tennis Center at Crandon Park shall
remain in full force and effect, and the Village reserves the right to strictly enforce such Declaration.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August 2000.
ST:
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND T.FGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-41
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE AN URBAN AND
COMMUNITY FORESTRY GRANT MEMORANDUM OF
AGREEMENT AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, DIVISION OF FORESTRY, IN CONNECTION
WITH AN URBAN AND COMMUNITY FORESTRY GRANT
APPLICATION.
WHEREAS, palm trees and other indigenous species are an integral part of the sub -tropical
landscape of Key Biscayne, Florida; and
WHEREAS, to maintain and augment this tropical environment, additional trees must be
strategically planted from time to time; and
WHEREAS, the Mashta Island entrance right-of-way requires an environmentally sensitive
landscape plan, including the planting of palm trees, to improve and enhance the entrance to the
Island; and
WHEREAS, said landscape plan has been endorsed by several Village of Key Biscayne
environmental and beautification committees, as well as the Mashta Island Homeowners
Association; and
WHEREAS, the Village of Key Biscayne desires to apply for an Urban Community Forestry
Grant which would provide monies with which to partially fund this project; and
WHEREAS, the Village of Key Biscayne wishes to enter into an Urban and Community
Forestry Grant Memorandum of Agreement and Maintenance Memorandum of Agreement with the
State of Florida, Department of Agriculture and Consumer Services, Division of Forestry, in
connection with said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE FLORIDA, AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute an Urban and
Community Forestry Grant Memorandum of Agreement and Maintenance Memorandum of
Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division
of Forestry, in connection with an Urban and Community Forestry Grant application.
Section 2. This Resolution shall take place immediately upon adoption.
PASSED AND ADOPTED this 29th day of August 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE C
ZOR111
APPROVED AS TO FORM AND LEGAL SUFFICIEN
RICHARD JAY WEISS, VIES AGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-42
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO APPROVE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH
RACHLIN, COHEN & HOLTZ, LLP FOR AUDITING
SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Rachlin, Cohen & Holtz, LLP will audit the general purpose financial statements of the
Village as of and for the fiscal years ended September 30, 2000, and 2001.
Section 2. That the objective is to provide management with reasonable, but not absolute,
assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions
are executed in accordance with management's authorization and recorded properly to permit the
preparation of general purpose financial statements in accordance with generally accepted accounting
principles.
Section 3. That the Village Manager is hereby authorized to execute the attached Agreement, on
behalf of the Village, with Rachlin, Cohen & Holtz, LLP, Certified Public Accountants & Consultants in
a letter dated August 7, 2000.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August , 2000.
1 Al
Awerat
CONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFICIE
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-43
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING
SUPPORT FOR EVERGLADES RESTORATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne joins with U.S.
Representative Carrie P. Meek in recognizing the importance of a restored Everglades as a State and
national priority; and
WHEREAS, since the late 1800s, about 50% of the historic Everglades has been either
urbanized or used for agricultural purposes; and
WHEREAS, today, Everglades National Park represents only 15% of the historic Everglades
experiencing its most severe damage from 1950 to 1970; and
WHEREAS, the planned Everglades restoration project will reverse the damage done from
1950-70, and restore the Everglades to more closely mimic its natural state and it is expected to
produce billions of gallons of freshwater a day for use throughout the region; and
WHEREAS, the Everglades restoration is the nation's most ambitious attempt at ecological
restoration ever and will take an expected 20 years to complete.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Council of the Village of Key Biscayne joins with Repiesentative
Carne Meek and the entire Florida Congressional Delegation in supporting the restoration of the
Everglades ecosystem.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August , 2000.
/75T:
17AelAICI
CONCHITA H. ALVAREZ, CMC,
APPROVED AS
t
S TO FORM�AND LEGAL
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE L RXSCO
RESOLUTION NO. 2000-44
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF KEY BISCAYNE AND
MIAMI-DADE COUNTY FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE FIVE YEAR NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) MS4 PERMIT; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the attached interlocal
agreement, on behalf of the Village, with Miami -Dade County for performance of professional
services associated with the National Pollutant Discharge Elimination System (NPDES) MS4 Permit
for the next five (5) years beginning November 16, 2000 and ending on November 16, 2005.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August 2000.
CONCHITA H. ALVAREZ, CMC, VIT J
APPROVED AS TO FORM AND LEGAL
RICHARD JAY WEISS, VILLAGE ATTORNEY
OR
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-45
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE CONTRACTS
WITH ARCHITECTURAL LANDSCAPE LIGHTING AND
SOUTH FLORIDA COASTAL ELECTRIC, INC. FOR THE
PURCHASE OF LUMINARIES AND LAMPS AND FOR THE
INSTALLATION AT VARIOUS LOCATIONS
THROUGHOUT THE VILLAGE; AUTHORIZE THE
VILLAGE MANAGER TO ACCEPT CORRECTIVE OFFER
FROM ARCHITECTURAL LANDSCAPE LIGHTING; AND
AUTHORIZE THE VILLAGE MANAGER TO PURCHASE
ADDITIONAL LUMINARIES FROM ARCHITECTURAL
LANDSCAPE LIGHTING OVER THE NEXT TWO (2) YEARS,
AUTHORIZE BIDDING FOR FURTHER INSTALLATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, sealed bids, were received and opened at 2:00 p.m. (Exhibit A) on June 12,
2000 to purchase a total of 400 (SL -33) H.I.D. underground luminaries and lamps over the next two
years; and
WHEREAS, sealed bids, were received and opened on July 10, 2000 at 2:00 p.m. (Exhibit
A) to install the underground landscape lighting luminaries manufactured by Architectural
Landscape Lighting; and
WHEREAS, in 1998 Architectural Landscape Lighting supplied 115 underground luminaries
(SL -33) to the Village which were installed along the Village Green promenade and in Crandon
Boulevard medians 1,2, and 3 and the luminaries are not functioning according to standards; and
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, AS FOLLOWS:
Section 1. The Council of the Village of Key Biscayne awards the contracts for purchase of
luminaries and lamps and installation to Architectural Landscape Lighting and South Florida
Electric, Inc.
Section 2. The Village Manager and Village Attorney are authorized to execute the contracts
and any additional documents in order to implement the beautification and safety project with
Architectural Landscape Lighting and South Florida Coastal Electric, Inc.
Section 3. The Village accepts the offer by Architectural Landscape Lighting to replace the
one hundred and fifteen (115) fixtures at the Village Green (40) and Crandon Boulevard (75) at no
cost to the Village.
Section 4. The cost of installation for the fixtures and lamps described in paragraph (3)
above, shall be paid by the Village with a $75.00 per unit contribution from Architectural Landscape
Lighting for the 115 fixtures.
Section 5. The Village agrees to contract with Architectural Landscape Lighting to purchase
400 additional units over the next two (2) years for installation at the (1.)Ocean Park (40 units), (2.)
East Enid Drive (81 units ), (3.) Seaview Drive (55 units), (4.) Crandon Boulevard (128 units) and
selected locations (96 units) to be determined at a latter date.
Section 6. Funds to implement the aforementioned projects (Exhibit B) are included in the
Capital Improvement Fund in an amount not to exceed $265,000.
Section 7. The Village Manager is authorized to receive bids for the installation services for
the Crandon Boulevard and Seaview Drive projects.
Section 8. This Resolution shall take effect October 1, 2000.
PASSED AND ADOPTED this 29th day of August 2000.
CONCHITA ALVAREZ, CMC, VII J AGE C
APPROVF.D AS TO FORM AND LEGAL S
h2Th,
r
RICHARD J. WEISS, VIII AGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-46
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE, WITH DAIN
RAUSCHER, INC.; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached Agreement,
on behalf of the Village, with Dain Rauscher Incorporated.
Section 2. The Consultant shall provide professional services related to obtaining funding
for certain projects of the Village of Key Biscayne.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August , 2000.
ST:
CONCH1TA H. ALVAREZ, CMC, VILL
APPROVED AS TO FORM AND LEGAL
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASC(S
RESOLUTION NO. 2000-47
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE AN INSURANCE AGREEMENT WITH RISK
MANAGEMENT ASSOCIATES FOR WORKERS
COMPENSATION, PROPERTY, AUTO AND GENERAL
LIABILITY COVERAGES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in conformity with the Goals and Objectives of the Finance Department, annual
proposals were requested from qualified insurance carriers with references of existing municipal
clientele; and
WHEREAS, the said request for proposals were requested by the Village Manager on July
7, 2000; and
WHEREAS, two proposals were received and opened on July 11, 2000; and
WHEREAS, those proposals were reviewed by staff; and
WHEREAS, it is the recommendation of staff that the proposal from Risk Management
Associates be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute an agreement with Risk
Management Associates.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August 2000
CONCHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND LEGAL SUFFIC CY:
RICHARD J. WEISS, VILLAGE ATTORNEY
•
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-48
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ADOPTING THE PROPOSED MILLAGE RATE
OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 2000 THROUGH
SEPTEMBER 30, 2001 PURSUANT TO FLORIDA STATUTE
200.065 (TRIM BILL); SETTING A DATE FOR A FINAL
PUBLIC HEARING TO ADOPT THE MILLAGE RATE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 11, 2000, the Village Council adopted Resolution No. 2000-25
determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2000 and further
scheduled the public hearing required by Section 200.065 of the Florida Statutes to be held on
September 12, 2000 at 7:00 p.m.; and
WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for
September 12, 2000, 7:00 p.m., at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida,
as required by Chapter 200 of the Florida Statutes; and
WHEREAS, said public hearing, as required by Section 200.065(2)(c), was held by the
Village Council on September 12, 2000, commencing at 7:00 p.m., as previously noticed and the
public and all interested parties having had the opportunity to address their comments to the Village
Council and the Village Council having considered the comments of the public regarding the
proposed millage rate and having complied with the "TRIM" requirements of the Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the proposed millage rate for the Village of Key Biscayne for the fiscal year
commencing October 1, 2000 through September 30, 2001, be and is hereby fixed at the rate 3.606
mills which is $3.606 dollars per thousand dollars of assessed property value within the Village of
Key Biscayne.
Section 2. That the rolled -back rate is 3.4545 mills and the proposed rniIlage rate is 3.606
mills which is 4.39% over the rolled -back rate.
Section 3. That a final public hearing to adopt a millage rate and budget for the fiscal year
commencing October 1, 2000 through September 30, 2001 be and is hereby set at the Council
Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, on Tuesday, September
26, 2000, at 7:00 p.m.
Section 4. That the Village Clerk be and is hereby directed to advertise said public hearing
as required by law.
Section 5. That this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 12th day of September 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. WEISS, VILLACTF ATTORNEY
-2-
RESOLUTION NO. 2000-49
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA; APPROVING THE SCHEMATIC
PLANS FOR THE ADMINISTRATION AND POLICE BUILDING;
PROVIDING FOR AN Eli ECTIVE DATE.
WHEREAS, The Village Civic Center comprises a Fire Station, Administration/Police
Station with a parking garage, Community Center, Village Council Chamber/Theater Building,
alignment of McIntyre Street with Galen Drive, construction of Village Green Way, and related
infrastructure; and
WHEREAS, on February S, 2000 the Village Council adopted Resolution No. 2000-7 which
approved a site plan for the Civic Center showing a three story Administration and Police Building
and a parking garage; and
WHEREAS, on July 11, 2000 the Village Council adopted Resolution No. 2000-29 which
approved a site plan for the Civic Center showing a two story Administration and Police Building
and parking garage; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Council approves the attached schematic plans showing a two story
Administration and Police Building.
Section 2. That the Village Manager is directed to proceed with the Design Development,
Construction Documents, and Construction Phases of our Agreement with the architect.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of September 2000.
YOR JOE L RASCO
T.
sL e
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL SUFFICIENC
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-50
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH
THE KEY BISCAYNE CHAMBER OF
COMMERCE FOR FISCAL YEAR 2000;
PROVIDING FOR AN EFFECTIVE DATE.
NOW BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor is hereby authorized to execute the attached agreement,
on behalf of the Village, with the Key Biscayne Chamber of Commerce, for services set forth
in the agreement, at a cost not to exceed $75,000.00.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of September , 2000.
MAYOR JOE I. RASCO
Aciafat
CONCHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J.. WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-51
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING
THE CITY OF SOUTH MIAMI, FLORIDA IN THEIR
EFFORTS FOR THE NEED FOR GUN SAFETY; PROVIDING
FOR AN EI''N'ECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne finds that violence related
to firearms disturbs the public peace and impairs the safety and security of citizens; and
WHEREAS, each year in the nation, the State of Florida and in Miami -Dade County, Florida,
a multitude of children gain access to firearms that are stored in their homes with the painful result
that many innocent persons are injured, maimed or killed.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Council of the Village of Key Biscayne condemns all forms of
violence, in particular those utilizing firearms and supports all forms of gun safety that would
address this growing epidemic in our society.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of September 2000.
MAYOR JOE I. RASCO
ST:
CONCHITA H. ALVAREZ, CMC, VILLA
APPROVED AS TO FORMMANI� LEGAL S
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-52
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ADOPTING THE FINAL MILLAGE RATE OF
THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 2000 THROUGH
SEPTEMBER 30, 2001 PURSUANT TO FLORIDA STATUTE
200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 200.065 of the Florida Statutes, the Property Appraiser has
made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne; and
WHEREAS, on July 11, 2000, the Village Council adopted Resolution No. 2000-25
determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2000 and further
scheduled the public hearings required by Section 200.065 of the Florida Statutes to be held on
September 12 and 26, 2000 at 7:00 p.m.; and
WHEREAS, the public hearings, as required by Section 200.065(2) (c) and (d), were held
by the Village Council on September 12 and 26, 2000, commencing at 7:00 p.m., as previously
noticed and the public and all interested parties having had the opportunity to address their
comments to the Village Council and the Village Council having considered the comments of the
public regarding the final millage rate and having complied with the "TRIM" requirements of the
Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the final millage rate for the Village of Key Biscayne for the fiscal year
commencing October 1, 2000 through September 30, 2001 be and is hereby fixed at the rate of 3.606
mills which is $3.606 dollars per thousand dollars of assessed property value within the Village of
Key Biscayne.
Section 2. That the rolled -back rate is 3.4545 mills and the final millage rate is 3.606 mills
which is 4.39 % percent over the rolled -back rate.
Section 3. This resolution shall be effective immediately upon its adoption by the Village
Council.
PASSED AND ADOFILD this 26th day of September 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE C
RICHARD J. WEISS, VILLA E ATTORNEY
APPROVF.i) AS TO FORM AND LEGAL SUFFICIENCY:
RESOLUTION NO. 2000-53
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH
THE KEY BISCAYNE CHAMBER OF
COMMERCE FOR FISCAL YEAR 2001;
PROVIDING FOR AN EFFECTIVE DATE.
NOW BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor is hereby authorized to execute the attached agreement,
on behalf of the Village, with the Key Biscayne Chamber of Conunerce, for services set forth
in the agreement, at a cost not to exceed $75,000.00.
Section 2. This resolution shall take effect immediately upon adoption.
PASSFI) AND ADOPTED this 24th day of October , 2000.
MAYOR JOE I. RASC&
CONCHITA It ALVAREZ, CMC, VII LA
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
e( .� .-
RICI D J. WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-54
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED CLEANUP AGREEMENT ON
BEHALF OF THE VILLAGE, WITH EDWARD E. CLARK
ENGINEERS -SCIENTISTS, INC., A FLORIDA
CORPORATION, PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Edward E. Clark Engineers -Scientists, Inc., a Florida
Corporation.
Section 2. The Consultant shall provide professional engineering services regarding the
property located at 560 Crandon Boulevard.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24th day of October , 2000.
CHITA H. ALVAREZ, CMC, VIII AGE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
IYilitt.
RIC WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-55
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING
SUPPORT FOR THE CITY OF TAMPA, FLORIDA'S BID FOR
THE 2012 OLYMPICS ALSO KNOWN AS THE XXX
OLYMPIAD; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida 2012 is leading the City of Tampa in their bid to host the 2012
Olympics, the XXX Olympiad; and
WHEREAS, Tampa's bid effort represents a unique partnership with the communities of
Orlando, St. Petersburg, Clearwater, Lakeland and Kissimmee -St. Cloud. By this cooperative effort,
Florida 2012 is in a position to offer one of the largest and newest sports, convention, and tourist
infrastructures in the world. Central Florida has successfully handled St. Petersburg's hosting of the
NCAA Final Four, Orlando's hosting of World Cup Soccer, Tampa's hosting of Super Bowl XXV,
not to mention, Busch Gardens, Ocean World, Disney World, MGM Studios and Universal Studios;
and
WHEREAS, there is nothing that Florida could do to accomplish more for our statewide
community or place the state in a better light on the global stage in the next millennium than hosting
the 2012 Olympic Games; and
WHEREAS, Florida 2012's bid encompasses the entire state of Florida with venues in
Jacksonville, Ft. Lauderdale, Miami, Gainesville, and Ocala; and
WHEREAS, Miami International Airport will likely be a principal point of entry for many
international guests and is a MAJOR asset in the bid; and
WHEREAS, the 2012 Olympic Games should reinforce all of Florida's major economic and
community themes, such as international trade, tourism, multi-culturalism, youth development and
urban redevelopment; and
WHEREAS, Florida 2012 will also develop a training facilities plan for the entire state in
conjunction with local sports organizing committees and chambers of commerce so a permanent
sports, youth development and tourism legacy is created by the Olympic Games; and
WHEREAS, the following American cities are competing with Tampa to become the
Candidate City for the United States: Cincinnati, 011; Baltimore, MD/Washington D.C.; New York
City, NY; Dallas, TX; Houston, TX; Los Angeles, CA and San Francisco, CA; and
WHEREAS, the timeline for the 2012 Olympic bid is: deadline for the bid to
USOC=12/15/00; bids sent back for clarification and changes=3/01/01; USOC site visits=5/01/01
thru 10/0101.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Council of the Village of Key Biscayne supports the City of
Tampa in their bid to host the 2012 Olympic Games.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24th day of October , 2000.
MAYOR JOE I. RASCO
CONCHITA if ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND LEGAL S
RIC JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-56
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING
FUNDING ASSISTANCE FOR VILLAGE OF KEY BISCAYNE
POLICE OFFICERS AND FIREFIGHTERS RETIREMENT
PLAN FOR DISABILITY BENEFIT AS REPLACEMENT FOR
PROVIDING FUNDING FOR DISABILITY INSURANCE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, at a cost of approximately Twenty -Two Thousand Dollars ($22,000) annually,
the Village of Key Biscayne (the "Village") presently provides a limited form of disability insurance
for police and firefighters; and
WHEREAS, the Retirement Plan (the "Plan") for the Village's police officers and firefighters
has provisions providing for comprehensive benefits in case of disability of police officers or
firefighters; and
WHEREAS, representatives of the members of the Plan have requested that the Village
provide assistance to the Plan for purposes of funding the disability benefit of the Plan in lieu of
providing for the purchase of disability insurance for police officers and firefighters, and has further
requested additional funds of approximately Thirteen Thousand Dollars ($13,000) so as to fully
cover the annual cost of the Plan's disability benefit; and
WHEREAS, the Village Council finds that, as an enhanced replacement for disability
insurance, it desires to provide funding for the disability benefit of the Plan commencing with the
fiscal year starting October 1, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and
incorporated herein.
Section 2. Funding Provided. That in lieu of purchasing disability insurance for police and
firefighters, the Village Council hereby approves the allocation of approximately Thirty -Five
Thousand Dollars ($35,000) for purposes of funding the disability benefit provided by the Plan,
commencing with the fiscal year beginning October 1, 2000.
Section 3. Implementation. The Village Manager is authorized to take all necessary action
to implement this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately from and after
adoption hereof.
PASSED AND ADOPTED this 24th day of October 2000.
CONCHITA H. ALVAREZ, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFI
RICHARJAY WEISS, VIT AGE ATTORNEY
103001\resolutions\police and firefighters disability benefit
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-57
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE ISSUANCE OF CAPITAL
IMPROVEMENT REVENUE BONDS, SERIES 2000, OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $10,000,000, FOR
THE PURPOSE OF FINANCING A PORTION OF THE
COSTS OF CONSTRUCTION OF A FIRE STATION, POLICE
STATION, COMMUNITY CENTER AND VILLAGE
ADMINISTRATIVE OFFICES, FINANCING
ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL,
LEGAL AND OTHER PLANNING COSTS RELATED
THERETO, AND PAYING COSTS OF ISSUANCE OF THE
BONDS; AWARDING THE SALE OF THE BONDS TO FIRST
UNION NATIONAL BANK; PROVIDING FOR SECURITY
FOR THE BONDS; PROVIDING OTHER PROVISIONS
RELATING TO THE BONDS; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 11, 2000, the Village Council (the "Council") of the Village of Key
Biscayne, Florida (the "Village") adopted Ordinance No. 2000-8 (the "Ordinance") authorizing the
issuance of not exceeding $10,000,000 Village of Key Biscayne, Florida Capital Improvement
Revenue Bonds, Series 2000 (the "Bonds"), for the purpose of financing a portion of the costs of
construction of a fire station, police station, community center and Village administrative offices,
financing architectural, engineering, environmental, legal and other planning costs related thereto,
and paying costs of issuance of the Bonds (the "Project"); and
WHEREAS, pursuant to the Ordinance, the Village has solicited proposals for the financing
of the Project; and
WHEREAS, the Council hereby determines to accept a commitment (the "Commitment")
from Fist Union National Bank (the "Bank") to purchase the Bonds; and
WHEREAS, the Council desires to set forth the details of the Bonds in this Bond
Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA:
SECTION 1. AUTHORIZATION OF BONDS. Pursuant to the provisions of the Bond
Resolution and the Ordinance, capital improvement revenue bonds of the Village to be designated
SBC/B.LEGISL/319335-2/013524.0005
Resolution
"Village of Key Biscayne, Florida Capital Improvement Revenue Bonds, Series 2000" (the
`Bonds"), are hereby authorized to be issued in an aggregate principal amount of $10,000,000 for
the purpose of financing a portion of the costs of construction of a fire station, police station,
community center and Village administrative offices, financing or reimbursing architectural,
engineering, environmental, legal and other planning costs related thereto, and paying costs of
issuance of the Bonds.
SECTION 2. TERMS OF THE BONDS. The Bonds shall be issued in fully registered form
without coupons. The principal of and interest on the Bonds shall be payable when due in lawful
money of the United States of America by wire transfer or by certified check delivered on or prior
to the date due to the registered Owners of the Bonds ("Owners") or their legal representatives at the
addresses of the Owners as they appear on the registration books of the Village.
The Bonds shall be dated the date of their issuance and delivery and shall be initially issued
as one Bond in the denomination of $10,000,000. The Bonds shall mature on December 1, 2020.
Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding
principal balance from their date of issuance payable semiannually on the first day of each June and
December (the "Interest Payment Dates"), commencing June 1, 2001, at an interest rate equal to
5.24% per annum.
Interest on the Bonds shall be computed on the basis of a 360 -day year based on twelve 30 -
day months.
Adjustment of Interest Rate For Full Taxability. In the event a Determination of Taxability
shall have occurred, the rate of interest on the Bonds shall be increased to a rate per annum equal to
8.06% (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the
Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. In
addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid
an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are
required to be paid to the United States by the Owners or former Owners of the Bonds as a result of
such Determination of Taxability. All such additional interest, additions to tax, penalties and interest
shall be paid by the Village on the next succeeding Interest Payment Date following the
Determination of Taxability. A "Determination of Taxability" shall mean (i) the issuance by the
Internal Revenue Service of a statutory notice of deficiency or other written notification which holds
in effect that the interest payable on the Bonds is includable for federal income tax purposes in the
gross income of the Owners thereof, which notice or notification is not contested with the Internal
Revenue Service by either the Village or any Owners of the Bonds, or (ii) a determination by a court
of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax
purposes in the gross income of the Owners thereof, which determination either is final and non -
appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in
writing by the Village to the effect that interest on Bonds is includable for federal income tax
purposes in the grossincome of the Owners thereof, or (iv) receipt by the Village of an opinion of
JDC/B.LEGISL/319335-2/013526.0005
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2
bond counsel to the Village to the effect that interest on the Bonds is includable for federal income
tax purpose in the gross income of the Owners thereof.
Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Bonds
during any period becomes partially taxable as a result of a Determination of Taxability applicable
to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such period
by an amount equal to: (A -B) x C where:
(a) A equals the Taxable Rate (expressed as a percentage);
(b) B equals the interest rate on the Bonds (expressed as a percentage); and
(c) C equals the portion of the Bonds the interest on which has become
taxable as the result of such tax change (expressed as a decimal).
In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate,
shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in
interest that are required to be paid to the United States by the Owners or former Owners of the
Bonds as a result of such Determination of Taxability. All such additional interest, additions to tax,
penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date
following the Determination of Taxability.
Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that
the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") during any
period with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be
other than thirty-five percent (35%), the interest rate on the Bonds that are bearing interest on a tax-
exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect
on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate
Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in
effect immediately prior to the date of adjustment.
Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield. So long as any
portion of the principal amount of the Bonds or interest thereon remains unpaid (a) if any law, rule,
regulation or executive order is enacted or promulgated by any public body or governmental agency
which changes the basis of taxation of interest on the Bonds or causes a reduction in yield on the
Bonds (other than by reason of a change described above) to the Owners or any former Owners of
the Bonds, including without limitation the imposition of any excise tax or surcharge thereon, or (b)
if, as a result of action by any pubic body or governmental agency, any payment is required to be
made by, or any federal, state or local income tax deduction is denied to, the Owners or any former
Owners of the Bonds (other than by reason of a change described above or by reason of any action
or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the
ownership' of the Bonds, the Village shall reimburse any such Owner within five (5) days after
receipt by the Village of written demand for such payment, and the Village agrees to indemnify each
JDC/B. LEGIGL/319335-2/013524.0005
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3
such Owner against any loss, cost, charge or expense with respect to any such change. The
determination of the after-tax yield calculation shall be verified by a firm of certified public
accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to
the Village, and such calculation, in the absence of manifest error, shall be binding on the Village
and the Owners.
The principal of the Bonds shall be subject to mandatory redemption in seventeen (17) annual
installments on each December 1, commencing December 1, 2004 (each a "Scheduled Due Date").
The amount of each such installment shall be as follows:
Principal
Year Installment Due
2004 $380,000
2005 400,000
2006 420,000
2007 440,000
2008 465,000
2009 490,000
2010 515,000
2011 540,000
2012 570,000
2013 600,000
2014 630,000
2015 665,000
2016 700,000
2017 735,000
2018 775,000
2019 815,000
2020 860,000
In the event that there is more than one Owner of the Bonds, (I) the Village shall determine the
amount of each Bond to be redeemed, and (ii) the Village shall give notice to each Owner of the
Bonds at least three (3) days prior to the date of mandatory redemption of the amount of each Bond
to be redeemed.
The Bonds are subject to optional prepayment in whole or in part at any time on at a price
of par plus accrued interest to the date of prepayment, plus, in the case of any prepayment on or
before December 1, 2010, a premium equal to the "Prepayment Fee" described in Exhibit "A"
attached hereto, upon written notice to the Owners thereof given by the Village at least seven (7)
days prior to the date fixed for prepayment if there is only one Owner of the Bonds or at least thirty
(30) days prior to the date fixed for prepayment if there is more than one Owner of the Bonds.
Partial prepayments shall be applied to the maturities of principal installments in any order
determined by the Village. The final prepayment provisions are subject to such changes to Exhibit
"A" as the Village Manager, upon consultation with the Village Attorney, the Village's Financial
JDC/B-LEGISL/319335-2/013524.0005
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4
Advisor and the Village's Bond Counsel, shall approve, with the execution of the Bonds by the
appropriate officers of the Village with such final prepayment provision set forth therein being
conclusive evidence of the approval by the Village Manager.
THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF
THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL
BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM
REVENUES OF THE VILLAGE, AS DEFINED IN THIS RESOLUTION. THE ISSUANCE OF
THE BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE
THE VIII AGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER
THEREFOR NOR SHALL THE BONDS CONSTITUTE A CHARGE, JJFN, OR
ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE,
AND THE HOLDERS OF THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF
TAXATION.
SECTION 3. EXECUTION OF BONDS. The Bonds shall be signed in the name of the
Village by the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council)
and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon. The
signatures of the Mayor or Vice Mayor (or, in their absence, any other member of the Village
Council) and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the
signature of one of such officers shall be a. manual signature. In case any one or more of the officers
who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before
the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may
nevertheless be sold and delivered as herein provided and may be issued as if the person who signed
and sealed such Bonds had not ceased to hold such office. Any Bonds may be signed and sealed on
behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold
the proper office, although at the date of such Bonds such person may not have held such office or
may not have been so authorized.
SECTION 4. NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Village
shall serve as Registrar and as such shall keep books for the registration of Bonds and for the
registration of transfers of Bonds. Bonds may be transferred or exchanged upon the registration
books kept by the Village, upon delivery to the Village, together with written instructions as to the
details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with
guaranty of signatures satisfactory to the Village, along with the social security number or federal
employer identification number of any transferee and, if the transferee is a trust, the name and social
security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of
the trust and the name of the trustee. Bonds may be exchanged for one or more Bonds of the same
aggregate principal amount and maturity and in denominations in integral multiples of $250,000
(except that an odd lot is permitted to complete the outstanding principal balance). No transfer or
exchange of any Bond shall be effective until entered on the registration books maintained by the
Village.
JDC/B.LRGISL/319335-2/013524.0005
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The Village may deem and treat the person in whose name any Bond shall be registered upon
the books kept by the Village as the absolute Owner of such Bond, whether such Bond shall be
overdue or not, for the purpose of receiving payment of, or on account of, the principal of and
interest on such Bond as they become due and for all other purposes. All such payments so made to
any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
In all cases in which Bonds are transferred or exchanged in accordance with this Section, the
Village shall execute and deliver Bonds in accordance with the provisions of this Resolution. All
Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Village.
There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the
payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with
respect to such exchange or transfer. The Village shall not be required to transfer or exchange Bonds
for a period of 15 days next preceding an Interest Payment Date on such Bonds.
All Bonds, the principal and interest of which has been fully paid, either at or prior to
maturity, shall be delivered to the Village when such payment is made, and shall thereupon be
cancelled.
In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be
surrendered in exchange for a new Bond, but the Village shall make a notation indicating the
remaining outstanding principal of the Bonds upon the registration books. The Bond so redesignated
shall have the remaining principal as provided on such registration books and shall be deemed to
have been issued in the denomination of the outstanding principal balance, which shall be an
authorized denomination.
SECTION 5. BONDS MUTILATED, DESTROYED. STOLEN OR LOST. In case any
Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue
and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case
of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such
mutilated Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the
Bond destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof,
satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such
other reasonable regulations and conditions as the Village may prescribe and paying such expenses
as the Village may incur. The Village shall cancel all mutilated Bonds that are surrendered. If any
mutilated, destroyed, lost or stolen Bond shall have matured or be about to mature, instead of issuing
a substitute Bond, the Village may pay the principal of and interest on such Bond upon the Owner
complying with the requirements of this paragraph.
Any such duplicate Bonds issued pursuant to this section shall constitute original, additional
contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any
time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits
and rights as to lien on and source and security for payment from the funds, as hereinafter pledged,
JOC/S.LEGISL/319335-2/013526.0005
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to the extent as all other Bonds issued hereunder.
SECTION 6. FORM OF BONDS. The text of the Bonds shall be of substantially the
following tenor, with such omissions, insertions and variations as may be necessary and desirable
and authorized or permitted by this Resolution.
.00/E. LEGSSL/319335-2/013524.0005
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7
No. R -
UNITED STATES OF AMERICA
STATE OF FLORIDA
VILLAGE OF KEY BISCAYNE
CAPITAL IMPROVEMENT REVENUE BONDS
SERIES 2000
Registered Owner:
Principal Amount: Dollars
KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Florida (the
"Village"), for value received, hereby promises to pay to the Registered Owner shown above, or
registered assigns (the "Bank"), from the sources hereinafter mentioned, the Principal Amount
specified above. Subject to the rights of prior prepayment and redemption described in the Bond, the
Bond shall mature on December 1, 2020.
This Bond is issued under authority of and in full compliance with the Constitution and laws
of the State of Florida, including particularly Part If of Chapter 166, Florida Statutes, as amended,
the Charter of the Village, Ordinance No. 2000-8 duly adopted by the Village Council of the Village
on July 11, 2000 (the "Ordinance") and Resolution No. 2000- adopted on October 24, 2000
(the "Resolution", and collectively with the Ordinance, the "Bond Ordinance"), and is subject to the
terms of said Bond Ordinance. This Bond is issued for the purpose of financing a portion of the costs
of construction of a fire station, police station, community center and Village administrative offices,
financing or reimbursing architectural, engineering, environmental, legal and other planning costs
related thereto, and paying costs of issuance of the Bonds. This Bond shall be payable only from the
sources identified herein.
Subject to adjustment as provided below, this Bond shall bear interest on the outstanding
principal balance from its date of issuance payable semiannually on the first day of each June and
December (the "Interest Payment Dates"), commencing June 1, 2001, at an interest rate equal to
5.24% per annum.
Interest on this Bond shall be computed on the basis of a 360 -day year based on twelve 30 -
day months.
SBC/B.LEGISL/319335-2/013524.000S
Resolution
8
Adjustment of Interest Rate For Full Taxability. In the event a Determination of Taxability
shall have occurred, the rate of interest on the Bonds shall be increased to a rate per annum equal to
8.06% (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the
Bonds is includable for federal income tax purposes in the gross income of the Owners thereof. In
addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid
an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are
required to be paid to the United States by the Owners or former Owners of the Bonds as a result of
such Determination of Taxability. All such additional interest, additions to tax, penalties and interest
shall be paid by the Village on the next succeeding Interest Payment Date following the
Determination of Taxability. A "Determination of Taxability" shall mean (i) the issuance by the
Internal Revenue Service of a statutory notice of deficiency or other written notification which holds
in effect that the interest payable on the Bonds is includable for federal income tax purposes in the
gross income of the Owners thereof, which notice or notification is not contested with the Internal
Revenue Service by either the Village or any Owners of the Bonds, or (ii) a determination by a court
of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax
purposes in the gross income of the Owners thereof, which determination either is final and non -
appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in
writing by the Village to the effect that interest on Bonds is includable for federal income tax
purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of
bond counsel to the Village to the effect that interest on the Bonds is includable for federal income
tax purpose in the gross income of the Owners thereof.
Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Bonds
during any period becomes partially taxable as a result of a Determination of Taxability applicable
to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such period
by an amount equal to: (A -B) x C where:
(a) A equals the Taxable Rate (expressed as a percentage);
(b) B equals the interest rate on the Bonds (expressed as a percentage); and
(c) C equals the portion of the Bonds the interest on which has become
taxable as the result of such tax change (expressed as a decimal).
In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate,
shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in
interest that are required to be paid to the United States by the Owners or former Owners of the
Bonds as a result of such Determination of Taxability. All such additional interest, additions to tax,
penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date
following the Determination of Taxability.
Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that
the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") during any
CDCB.LEGISL/319335-2/013524.0005
Resolution
9
period with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be
other than thirty-five percent (35%), the interest rate on the Bonds that are bearing interest on a tax-
exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect
on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate
Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in
effect immediately prior to the date of adjustment.
Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield. So long as any
portion of the principal amount of the Bonds or interest thereon remains unpaid (a) if any law, rule,
regulation or executive order is enacted or promulgated by any public body or governmental agency
which changes the basis of taxation of interest on the Bonds or causes a reduction in yield on the
Bonds (other than by reason of a change described above) to the Owners or any former Owners of
the Bonds, including without limitation the imposition of any excise tax or surcharge thereon, or (b)
if, as a result of action by any pubic body or governmental agency, any payment is required to be
made by, or any federal, state or local income tax deduction is denied to, the Owners or any former
Owners of the Bonds (other than by reason of a change described above or by reason of any action
or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the
ownership of the Bonds, the Village shall reimburse any such Owner within five (5) days after
receipt by the Village of written demand for such payment, and the Village agrees to indemnify each
such Owner against any loss, cost, charge or expense with respect to any such change. The
determination of the after-tax yield calculation shall be verified by a firm of certified public
accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to
the Village, and such calculation, in the absence of manifest error, shall be binding on the Village
and the Owners.
The principal of this Bond shall be subject to mandatory redemption in seventeen (17) annual
installments on each December 1, commencing December 1, 2004 (each a "Scheduled Due Date").
The amount of each such installment shall be as follows:
Principal
Year Installment Due
2004 $380,000
2005 400,000
2006 420,000
2007 440,000
2008 465,000
2009 490,000
2010 515,000
2011 540,000
2012 570,000
2013 600,000
2014 630,000
2015 665,000
S➢C/B.LEGSSL/319335-2/013526.0005
Resolution
10
2016 700,000
2017 735,000
2018 775,000
2019 815,000
2020 860,000
In the event that there is more than one Owner of the Bonds, (I) the Village shall determine the
amount of each Bond to be redeemed, and (ii) the Village shall give notice to each Owner of the
Bonds at least three (3) clays prior to the date of mandatory redemption of the amount of each Bond
to be redeemed.
Attached hereto as Schedule I is a debt service schedule for the Bonds based upon the above
interest rate and principal payment schedule.
The principal of and interest on this Bond are payable in lawful money of the United States
of America by wire transfer or by certified check delivered on or prior to the date due to the
registered Owner or his legal representative at the address of the Owner as it appears on the
registration books of the Village.
This Bond is subject to optional prepayment in whole or in part at any time at a price of par
plus accrued interest to the date of prepayment, plus a premium equal to the "Prepayment Fee"
described below, upon written notice to the Owners thereof given by the Village at least seven (7)
days prior to the date fixed for prepayment if there is only one Owner of the Bonds or at least thirty
(30) days prior to the date of fixed for prepayment if there is more than one Owner of the Bonds.
Partial prepayments shall be applied to the maturities of principal installments in any order
determined by the Village.
[Insert Final Prepayment Provisions]
The Village has covenanted and agreed in the Bond Ordinance to appropriate in its annual
budget, by amendment, if necessary, from Non -Ad Valorem Revenues lawfully available in each
fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with
their terms during such fiscal year. "Non -Ad Valorem Revenues" means all revenues of the Village
derived from any source other than ad valorem taxation on real or personal property which are
legally available to make the payments required under the Bond Ordinance other than (i) Public
Service Taxes authorized by Part III, Chapter 166, Florida Statutes, and received by the Village
pursuant to Section 25-50 et seq. of the Village Code and (ii) Stormwater Utility Fees as defined by
Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance No. 93-11 adopted by the
Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-A);.but only after provision
has been made by the Village for the payment of all essential or legally mandated services. Such
covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -
Ad Valorem Revenues shall be cumulative to the extent riot paid, and shall continue until such Non-
Ad Valor cm Revenues or other legally available funds in amounts sufficient to make all such
JLC/8_LEGISL/319335-2/013526.0005
Resolution
11
required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the
foregoing covenant of the Village, the Village does not covenant to maintain any services or
programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad
Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad
Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem
Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate
Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a
pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the
payment of debt service on bonds and other debt instruments). However, the covenant to budget and
appropriate in its general annual budget for the purposes and in the manner stated in the Bond
Ordinance shall have the effect of making available in the manner described herein Non -Ad Valorem
Revenues and placing on the Village a positive duty to appropriate and budget, by amendment, if
necessary, amounts sufficient to meet its obligations under the Bond Ordinance, subject, however,
in all respects to the terms of the Bond Ordinance and the restrictions of Section 166.241(3), Florida
Statutes, which provides, in part, that the governing body of each municipality make appropriations
for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation
or other revenue sources; and subject, further, to the payment of services and programs which are
for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village
or which are legally mandated by applicable law.
THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF
THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL
BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM
REVENUES OF THE VILLAGE. THE ISSUANCE OF THIS BOND SHALL NOT DIRECTLY
OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VIII AGE TO LEVY OR TO
PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND
CONSTITUTE A CHARGE, T.TFN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON
ANY PROPERTY OF THE VILLAGE, AND THE HOLDER OF THIS BOND SHALL HAVE NO
RECOURSE TO THE POWER OF TAXATION.
The original registered Owner, and each successive registered Owner of this Bond shall be
conclusively deemed to have agreed and consented to the following terms and conditions:
1. The Village shall keep books for the registration of Bonds and for the registration of
transfers of Bonds as provided in the Resolution. Bonds may be transferred or exchanged upon the
registration books kept by the Village, upon delivery to the Village, together with written instructions
as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and
with guaranty of signatures satisfactory to the Village, along with the social security number or
federal employer identification number of any transferee and, if the transferee is a trust, the name and
social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the
SEC/S.LEGISL/319335-2/013524.0005
Resolution -
12
date of the tmst and the name of the trustee. The Bonds may be exchanged for Bonds of the same
principal amount and maturity and denominations in integral multiples of $250,000 (except that an
odd lot is permitted to complete the outstanding principal balance). No transfer or exchange of any
Bond shall be effective until entered on the registration books maintained by the Village.
2. The Village may deem and treat the person in whose name any Bond shall be
registered upon the books of the Village as the absolute Owner of such Bond, whether such Bond
shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of
and interest on such Bond as they become due, and for all other purposes. All such payments so
made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid.
3. In all cases in which the privilege of exchanging Bonds or transferring Bonds is
exercised, the Village shall execute and deliver Bonds in accordance with the provisions of the
Resolution. There shall be no charge for any such exchange or transfer of Bonds, but the Village may
require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be
paid with respect to such exchange or transfer. The Village shall not be required to transfer or
exchange Bonds for a period of fifteen (15) days next preceding an interest payment date on such
Bonds.
4. All Bonds, the principal and interest of which has been paid, either at or prior to
maturity, shall be delivered to the Village when such payment is made, and shall thereupon be
cancelled. In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be
surrendered in exchange for a new Bond.
It is hereby certified and recited that all acts, conditions and things required to happen, to
exist and to be performed precedent to and for the issuance of this Bond have happened, do exist and
have been performed in due time, form and manner as required by the Constitution and the laws of
the State of Florida applicable thereto.
IN WITNESS WHEREOF, the Village of Key Biscayne, Florida has caused this Bond to
be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal
of the Village of Key Biscayne, Florida or a facsimile thereof to be affixed hereto or imprinted or
reproduced hereon, all as of the _ day of , 2000.
VILLAGE OF KEY BISCA-ATE, FLORIDA
GDC/E._LEGLSL1319335-2/013524.0005
Resolution
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned (the
"Transferor"), hereby sells, assigns and transfers unto (Please
insert name and Social Security or Federal Employer identification number of assignee) the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
(the "Transferee") as attorney to register the transfer of the within
Bond on the books kept for registration thereof, with full power of substitution in the premises.
Date
Social Security Number of Assignee
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of
the New York Stock Exchange or
a commercial bank or a trust company
NOTICE: No transfer will be registered and no new Bond will be issued in the name of the
Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon
the face of the within Bond in every particular, without alteration or enlargement or any change
whatever and the Social Security or Federal Employer Identification Number of the Transferee is
supplied.
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common UNIF GIF MIN ACT -
(Cust.)
Custodian for
(Minor)
TEN ENT - as tenants by
the entirety
TT TEN - as joint tenants with
right of survivorship and
not as tenants in common
under Uniform Gifts to Minors
Act of
(State)
Additional abbreviations may also be used though not in the list above.
.DC/B. LEG15L/319335-2/013524.0005
Resolution
14
$10,000,000
Revised
10/10/2000
VILLAGE OF KEY BISCAYNE, FLORIDA
Lease Revenue Bond Financing, Series 2000 (Village Civic Center Project)
Semi -Annual Debt Service Schedule
5.2400%
13.2966
Average Life
Semi -Annual
Annual
Date
Rate
Principal
Interest
Credit Spread
Risk Montt.
Total D/S
Total D/S
31 -Oct -00
0.0000%
0.0000%
31 -Oct -00
(Accrued)
0.00
0.00
0.00
0
01 -Jun -01
5.240%
0
310,033.33
0.00
0.00
310,033
01 -Dec -01
5.240%
0
262,000.00
0.00
0.00
262,000
572,033
01 -Jun -02
5.240%
0
262,000.00
0.00
0.00
262,000
01 -Dec -02
5.240%
0
262,000.00
0.00
0.00
262,000
524,000
01 -Jun -03
5.240%
0
262,000.00
0.00
0.00
262,000
01 -Dec -03
5.240%
0
262,000.00
0.00
0.00
262,000
524,000
01 -Jun -04
5.240%
0
262,000.00
0.00
0.00
262,000
01 -Dec -04
5.240%
380,000
262,000.00
0.00
0.00
642,000
904,000
01 -Jun -05
5.240%
0
252,044.00
0.00
0.00
252,044
01 -Dec -05
5.240%
400,000
252,044.00
0.00
0.00
652,044
904,088
01 -Jun -06
5.240%
0
241,564.00
0.00
0.00
241,564
01 -Dec -06
5.240%
420,000
241,564.00
0.00
0.00
661,564
903,128
01 -Jun -07
5.240%
0
230,560.00
0.00
0.00
230,560
01 -Dec -07
5.240%
440,000
230,560.00
0.00
0.00
670,560
901,120
01 -Jun -08
5.240%
0
219,032.00
0.00
0.00
219,032
01 -Dec -08
5.240%
465,000
219,032.00
0.00
0.00
684,032
903,064
01 -Jun -09
5.240%
0
206,849.00
0.00
0.00
206,849
01 -Dec -09
5.240%
490,000
206,849.00
0.00
0.00
696,849
903,698
01 -Jun -10
5.240%
0
194,011.00
0.00
0.00
194,011
01 -Dec -10
5.240%
515,000
194,011.00
0.00
0.00
709,011
903,022
01 -Jun -11
5.240%
0
180,518.00
0.00
0.00
180,518
01 -Dec -11
5.240%
540,000
180,518.00
0.00
0.00
720,518
901,036
01 -Jun -12
5.240%
0
166,370.00
0.00
0.00
166,370
01 -Dec -12
5.240%
570,000
166,370.00
0.00
0.00
736,370
902,740
01 -Jun -13
5.240%
0
151,436.00
0.00
0.00
151,436
01 -Dec -13
5.240%
600,000
151,436.00
0.00
0.00
751,436
902,872
01 -Jun -14
5.240%
0
135,716.00
0.00
0.00
135,716
01 -Dec -14
5.240%
630,000
135,716.00
0.00
0.00
765,716
901,432
01 -Jun -15
5.240%
0
119,210.00
0.00
0.00
119,210
01 -Dec -15
5.240%
665,000
119,210.00
0.00
0.00
784,210
903,420
01 -Jun -16
5.240%
0
101,787.00
0.00
0.00
101,787
01 -Dec -16
5.240%
700,000
101,787.00
0.00
0.00
801,787
903,574
01 -Jun -17
5.240%
0
83,447.00
0.00
0.00
83,447
01 -Dec -17
5.240%
735,000
83,447.00
0.00
0.00
818,447
901,894
01 -Jun -18
5.240%
0
64,190.00
0.00
0.00
64,190
01 -Dec -18
5.240%
775,000
64,190.00
0.00
0.00
839,190
903,380
01 -Jun -19
5.240%
0
43,885.00
0.00
0.00
43,885
01 -Dec -19
5.240%
815,000
43,885.00
0.00
0.00
858,885
902,770
01 -Jun -20
5.240%
0
22,532.00
0.00
0.00
22,532
01 -Dec -20
5.240%
860,000
22,532.00
0.00
0.00
882,532
905,064
$10,000,000
$6,970,335
$0
$0
16,970,335
16,970,335
SCHEDULEI.
SECTION 7. COVENANT TO BUDGET AND APPROPRIATE. The Village hereby
covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non -Ad
Valorem Revenues lawfully available in each fiscal year, amounts sufficient to pay the principal and
interest due on the Bonds in accordance with their terms during such fiscal year. "Non -Ad Valorem
Revenues" means all revenues of the Village derived from any source other than ad valorem taxation
on real or personal property and which are legally available to make the payments required under this
Resolution, other than (i) Public Service Taxes authorized by Part III, Chapter 166, Florida Statutes,
and received by the Village pursuant to Section 25-50 et seq. of the Village Code and (ii) Stormwater
Utility Fees as defined by Section 403.0893(3), Florida Statutes, and imposed pursuant to Ordinance
No. 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No. 93-11-
A); but only after provision has been made by the Village for the payment of all essential or legally
mandated services. Such covenant and agreement on the part of the Village to budget and appropriate
such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall
continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient
to make all such required payments shall have been budgeted, appropriated and actually paid.
Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain
any services or programs, now provided or maintained by the Village, which generate Non -Ad
Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad
Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad
Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem
Revenues as opposed to claims of general creditors of the Village. Such covenant to appropriate
Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a
pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the
payment of debt service on bonds and other debt instruments). However, the covenant to budget and
appropriate in its general annual budget for the purposes and in the manner stated herein shall have
the effect of making available in the manner described herein Non -Ad Valorem Revenues and
placing on the Village a positive duty to appropriate and budget, by amendment, if necessary,
amounts sufficient to meet its obligations under this Resolution, subject, however, in all respects to
the terms of this Resolution and the restrictions of Section 166.241(3), Florida Statutes, which
provides, in part, that the governing body of each municipality make appropriations for each fiscal
year which, in any one year, shall not exceed the amount to be received from taxation or other
revenue sources; and subject, further, to the payment of services and programs which are for
essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or
which are legally mandated by applicable law.
SECTION 8. BOND FUND. There is hereby created a fund entitled "Village of Key
Biscayne, Florida Capital Improvement Revenue Bonds, Series 2000 Bond Fund" (the "Bond
Fund"). There shall be deposited into the Bond Fund on each Interest Payment Date sufficient
amounts of Non -Ad Valorem Revenues as specified in Section 7 hereof which, together with the
JDC/B. LEGISL/319335-2/013524.0005
Resolution
16
amounts already on deposit therein, will enable the Village to pay the principal of and interest on the
Bonds on each Interest Payment Date. Moneys in the Bond Fund shall be applied on each Interest
Payment Date to the payment of principal of and interest on the Bonds coming due on each such
date.
SECTION 9. INVESTMENT OF BOND FUND. Subject to Section 12 hereof, funds in the
Bond Fund may be invested in the following investments, maturing at or before the time such funds
may be needed to pay principal of or interest on Bonds, to the extent such investments are legal for
investment of municipal funds ("Authorized Investments"):
(a)
The Local Government Surplus Funds Trust Fund;
(b) Negotiable direct obligations of, or obligations the principal of and interest
on which are unconditionally guaranteed by, the United States Government at the then
prevailing market price for such securities;
(c) Interest -bearing time deposits or savings accounts in banks organized under
the laws of the State of Florida (the "State"), in national banks organized under the laws of
the United States and doing business and situated in the State, in savings and loan
associations which are under State supervision, or in federal savings and loan associations
located in the State and organized under federal law and federal supervision, provided that
any such deposits are secured by collateral as may be prescribed by law;
(d) Obligations of the federal farm credit banks; the Federal Home Loan
Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation
certificates; or the Federal Home Loan Bank or its district banks or obligations guaranteed
by the Government National Mortgage Association;
(e) Obligations of the Federal National Mortgage Association, including Federal
National Mortgage Association participation certificates and mortgage pass -through
certificates guaranteed by the Federal National Mortgage Association;
(f) Securities of, or other interests in, any open-end or closed -end management
type investment company or investment trust registered under the Investment Company Act
of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided the portfolio
of such investment company or investment trust is limited to United States Government
obligations and to repurchase agreements fully collateralized by such United States
Government obligations and provided such investment company or investment trust takes
delivery of such collateral either directly or through an authorized custodian; or
(g) Any other investments that at the time are legal investments for municipal
funds, are permitted by the duly approved investment policy of the Village and as to which
the Bank has not objected in writing.
SDC/B.LEG1SL/319335-2/013524.0005
Resolution
17
SECTION 10. APPLICATION OF BOND PROCEEDS. The proceeds received upon the
sale of the Bonds shall be applied simultaneously with the delivery of the Bond as follows:
1. The Village shall first use the moneys to pay costs of issuance of the Bonds.
2. The remainder of the proceeds of the sale of the Bonds shall be deposited in
the "Village of Key Biscayne Capital Improvement Revenue Bonds, Series
2000 Project Fund" (the "Project Fund"), hereby created, and used only in
connection with the Project.
Pending their use, the proceeds in the Project Fund may be invested in Authorized
Investments, maturing not later than the date or dates on which such proceeds will be needed for the
purposes of this Bond Resolution. Subject to Section 12 hereof, any income received upon such
investment shall be deposited in the Project Fund and applied to costs of the Project or, at the option
of the Village, deposited in the Bond Fund and used to pay interest on the Bonds until completion
of the Project. Subject to Section 12 hereof, after the completion of the Project, any remaining
balance of proceeds of the Bonds shall be deposited into the Bond Fund and used solely to pay
principal of the Bonds.
Such funds shall be kept separate and apart from all other funds of the Village and the
moneys on deposit therein shall be withdrawn, used and applied by the Village solely for the
purposes set forth herein. Pending such application, the Project Fund shall be subject to the lien of
the Owners of the Bonds for the payment of the principal of and interest on the Bonds.
The registered Owners shall have no responsibility for the use of the proceeds of the Bonds,
and the use of such Bond proceeds by the Village shall in no way affect the rights of such registered
Owners. The Village shall be obligated to apply the proceeds of the Bonds solely for financing costs
of the Project. However, the Village shall be irrevocably obligated to continue to pay the principal
of and interest on the Bonds notwithstanding any failure of the Village to use and apply such Bond
proceeds in the manner provided herein.
SECTION 11. FUNDS. Each of the funds and accounts herein established and created shall
constitute trust funds for the purposes provided herein for such funds and accounts respectively. The
money in such funds and accounts shall be continuously secured in the same manner as deposits of
Village funds are authorized to be secured by the laws of the State of Florida. Except as otherwise
provided herein, earnings on any investments in any amounts on any of the funds and accounts
herein established and created shall be credited to such respective fund or account.
The designation and establishment of the funds and accounts in and by this Bond Resolution
shall not be construed to require the establishment of any completely independent, self -balancing
funds, as such term is commonly defined and used in governmental accounting, but rather is intended
solely to constitute an earmarking of certain revenues and assets of the Village for the purposes
herein provided and to establish certain priorities for application of such revenues and assets.
GLC/R.LEGISL/319335-21013524.0005
Resolution
18
SECTION 12. INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH
INTERNAL REVENUE CODE OF 1986. The Village covenants to the Owners of the Bonds that
it will take all actions and do all things necessary and desirable in order to maintain the exclusion
from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from
taking any actions that would cause interest on the Bonds to be included in gross income for federal
income tax purposes. In particular, the Village will not make or direct the making of any investment
or other use of the proceeds of the Bonds which would cause such Bonds to be "private activity
bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or
"arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the
Code, and all applicable regulations promulgated under the Code, and that it will comply with the
applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations
throughout the teen of the Bonds.
SECTION 13. DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE. The Village
hereby designates the Bonds as qualified tax-exempt obligations under Section 265(b)(3)(B) of the
Code, and shall make all necessary filings in order to effectuate such election. The Village represents
that neither the Village nor any subordinate entities or entities issuing tax-exempt obligations on
behalf of the Village within the meaning of Section 265(b)(3) of the Code have issued tax-exempt
obligations during calendar year 2000 and neither the Village nor any such entities expect to issue
tax-exempt obligations during calendar year 2000.
SECTION 14. ARB11RAGE REBATE COVENANTS. There is hereby created and
established a fund to be held by the Village, designated the "Village of Key Biscayne Capital
Improvement Revenue Bonds, Series 2000 Rebate Fund" (the "Rebate Fund"). The Rebate Fund
shall be held by the Village separate and apart from all other funds and accounts held by the Village
under this Resolution and from all other moneys of the Village.
Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the
Rebate Fund the amounts required to be transferred in order to comply with the Rebate Covenants,
if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date
of delivery of the Bonds (the "Rebate Covenants"), when such amounts are so required to be
transferred. The Village Manager shall make or cause to be made payments from the Rebate Fund
of amounts required to be deposited therein to the United States of America in the amounts and at
the times required by the Rebate Covenants. The Village covenants for the benefit of the Owners of
the Bonds that it will comply with the Rebate Covenants. The Rebate Fund, together with all moneys
and securities from time to time held therein and all investment earnings derived therefrom, shall be
excluded from the pledge and lien of this Resolution. The Village shall not be required to comply
with the requirements of this Section 14 in the event that the Village obtains an opinion of nationally
recognized bond counsel that (i) such compliance is not required in order to maintain the federal
income tax exemption of interest on the Bonds and/or (ii) compliance with some other requirement
is necessary to maintain the federal income tax exemption of interest on the Bonds.
J0C/H_LEGISL/319335-2/013524.0005
Resolution
19
SECTION 15. SPECIAL COVENANTS. The Village shall, within one hundred eighty
(180) days of the end of each fiscal year of the Village, deliver to the Bondholders a copy of the
annual audited financial statements of the Village.
SECTION 16. COVENANTS BINDING ON VILLAGE AND SUCCESSOR. All covenants,
stipulations, obligations and agreements of the Village contained in this Resolution constitute a
contract between the Village and the Owners of the Bonds and shall be deemed to be covenants,
stipulations, obligations and agreements of the Village to the full extent authorized or permitted by
law, and all such covenants, stipulations, obligations and agreements shall be binding upon the
successor or successors thereof from time to time and upon the officer, board, body or commission
to whom or to which any power or duty affecting such covenants, stipulations, obligations and
agreements shall be transferred by or in accordance with law.
Except as otherwise provided in this Resolution, all rights, powers and privileges conferred
and duties and liabilities imposed upon the Village or upon the Village Council by the provisions
of this Resolution shall be exercised or performed by the Village Council or by such officers, board,
body or commission as may be required by law to exercise such powers or to perform such duties.
No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a
covenant, stipulation, obligation or agreement of any present or future member of the Village
Council or officer, agent or employee of the Village in his or her individual capacity, and neither the
members of the Village Council nor any officer, agent or employee of the Village executing the
Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability
by reason of the issuance thereof.
SECTION 17. EVENTS OF DEFAULT. Each of the following events is hereby declared
an "event of default":
(a) payment of the principal of or amortization installments of any of the Bonds
shall not be made when the same shall become due and payable; or
(b) payment of any installment of interest on any of the Bonds shall not be made
when the same shall become due and payable; or
(c) the Village shall default in the due and punctual performance of any covenant,
condition, agreement or provision contained in the Bonds or in this Resolution (except for
a default described in subsection (a) or (b) of this Section) on the part of the Village to be
performed, and such default shall continue for sixty (60) days after written notice specifying
such default and requiring same to be remedied shall have been given to the Village by any
Owner of any Bond; provided that it shall not constitute an event of default if the default is
not one that can be cured. within such sixty (60) days, as agreed by the Bondholders and the
Village, and the Village commences within such sixty (60) days and is proceeding diligently
with action to correct such default; or
JLC/S.LEGISL/319335-2/013524.0005
Resolution
20
(d) any proceeding shall be instituted with the consent of the Village for the
purpose of effecting a composition between the Village and its creditors or for the purpose
of adjusting the claims of such creditors pursuant to any federal or state statute now or
hereafter enacted and such proceedings shall not have been dismissed within thirty (30) days
after the institution of the same.
SECTION 18. REMEDIES; RIGHTS OF BONDHOLDERS. Upon the occurrence and
continuance of any event of default specified in Section 17 hereof, the Owners of the Bonds may
pursue any available remedy by suit, at law or in equity to enforce the payment of the principal of
and interest on the Bonds then outstanding.
No delay or omission to exercise any right or power accruing upon any default or event of
default shall impair any such right or power or shall be construed to be waiver of any such default
or event of default or acquiescence therein; and every such right and power may be exercised from
time to time and as often as may be deemed expedient. No waiver of any event of default hereunder
shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies
consequent thereon.
The Village agrees, to the extent permitted by law, to indemnify the Bank and its directors,
officers, employees and agents from and against any losses, claims, damages, liabilities and expenses
(including, without limitation, counsel fees and expenses) which may be incurred in connection with
enforcement of the provisions of this Resolution and the Bonds.
SECTION 19. DEFEASANCE.
(a) The covenants, liens and pledges entered into, created or imposed pursuant to this
Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the
following ways.
(i) by paying the principal of, Prepayment Fee, if any, and interest on the Bonds
when the same shall become due and payable; or
(ii) by depositing with an escrow agent certain moneys irrevocably pledged to the
payment of the Bonds, which together with other moneys lawfully available therefor, if any,
shall be sufficient at the time of such deposit with the escrow agent to pay when due the
principal, redemption premium, if any, and interest due and to become due on said Bonds on
or prior to the redemption date or maturity date thereof; or
(iii) by depositing with an escrow agent moneys irrevocably pledged to the
payment of the Bonds, which together with other moneys lawfully available therefor, when
invested by the escrow agent in direct obligations of the United States of America which
shall not be subject to redemption prior to their maturity other than at the option of the holder
thereof, will provide moneys which shall be sufficient (as evidenced by a verification report
JDC/B.LEGISL/319335-2/013524.0005
Resolution
21
of an independent certified public accountant or firm of accountants) to pay when due the
principal, redemption premium, if any, and interest due and to become due on said Bonds on
or prior to the redemption date or maturity date thereof.
Upon such payment or deposit with an escrow agent in the amount and manner provided in
this Section 19, the Bonds shall be deemed to be paid and shall no longer be deemed to be
Outstanding for the purposes of this Resolution and the covenants of the Village hereunder and all
liability of the Village with respect to said Bonds shall cease, terminate and be completely discharged
and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or
securities so deposited with the escrow agent; provided, however, that (i) if any Bonds are to be
redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given
in accordance with the provisions of Section 2 hereof and (ii) in the event that any Bonds are not by
their terms subject to redemption with the next succeeding sixty (60) clays following a deposit of
moneys with the escrow agent in accordance with this Section, the Village shall have given the
escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds
at their addresses as they appear on the registration books of the Village, a notice stating that a
deposit in accordance with this Section has been made with the escrow agent and that the Bonds are
deemed to have been paid in accordance with this Section and stating such maturity or redemption
date upon which moneys are to be available for the payment of the principal of, premium, if any, and
interest on said Bonds.
(b) Notwithstanding the foregoing, all references to the discharge and satisfaction of
Bonds shall include the discharge and satisfaction of any portion of the Bonds.
(c) If any portion of the moneys deposited with an escrow agent for the payment of the
principal of, redemption premium, if any, and interest on any portion of the Bonds is not required
for such purpose, the escrow agent shall transfer to the Village the amount of such excess and the
Village may use the amount of such excess free and clear of any trust, lien, security interest, pledge
or assignment securing said Bonds or otherwise existing under this Resolution.
(d) Notwithstanding any of the foregoing, the requirements of Section 12 and 14 hereof
relating to use and investment of proceeds and rebate amounts due to the United States pursuant to
the Rebate Covenants shall survive the payment of principal and interest with respect to the Bonds
or any portion thereof.
SECTION 20. SALE OF BONDS. Based upon the uncertainty of the interest rate
environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a
negotiated sale of the Bonds. The Village has been provided all applicable disclosure information
required by Section 218.385, Florida Statutes. The negotiated sale of the Bonds is hereby approved
to the Bank at a purchase price of par.
SECTION 21. AUTHORITY OF OFFICERS. The Mayor, the Vice Mayor, any member of
the Council, the Village Manager, the Village Clerk, the Finance Director and any other proper
JDC/B.LEGISL/319335-2/013524.0005
Resolution
22
official of the Village, are and each of them is hereby authorized and directed to execute and deliver
any and all documents and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transaction contemplated by this Resolution and the other
documents identified herein.
SECTION 22. SEVERABILITY. In case any one or more of the provisions of this
Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid,
such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds,
but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid
provision had not been contained therein. The Bonds are issued and this Resolution is adopted with
the intent that the laws of the State shall govern their construction.
SECTION 23. PAYMENTS DUE ON SATURDAYS. SUNDAYS AND HOLIDAYS. hi
any case where the date of maturity of interest on or principal of the Bonds shall be a Saturday,
Sunday or a day on which the banks in the State are required, or authorized or not prohibited, by law
(including executive orders) to close and are closed, then payment of such interest or principal need
not be made by the Village on such date but may be made on the next succeeding business day on
which the banks in the State are open for business.
SECTION 24. OPEN MEETING FINDINGS. It is hereby found and determined that all
official acts of the Village Council concerning and relating to the adoption of this Resolution and
all prior resolutions affecting the Village Council's ability to issue the Bonds were taken in an open
meeting of the Village Council and that all deliberations of the Village Council or any of its
committees that resulted in such official acts were in meetings open to the public, in compliance with
all legal requirements, including Section 286.011, Florida Statutes.
SECTION 25. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict
herewith, to the extent of such conflicts, are hereby superseded and repealed.
SECTION 26. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 24th day of October, 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO LEGAL FORM AND SUFFICIE
JAY WEISS, VILLAGE ATTORNEY
GDC/B.LEGISW319335-2/013526.0005
Resolution
23
EXHIBIT "A"
The Bonds are subject to prepayment in whole or in part at any time on at a price of par plus
accrued interest to the date of prepayment, plus, in the case of any prepayment on or before
December 1, 2010, a premium equal to the "Prepayment Fee" described below, upon written notice
to the Owners thereof given by the Village at least three (3) days prior to the date fixed for
prepayment. Partial prepayments shall be applied to the maturities of principal installments in any
order determined by the Village.
For each date on which a prepayment occurs ("Prepayment Date"), a Prepayment Fee shall
be due only if the rate under "A" below exceeds the rate under "B" below and shall be determined
as follows:
Prepayment Fee = the Present Value of ((A -B) x C), where:
A=
B=
A rate per annum equal to the sum of (1) the bond equivalent yield (bid side)
of the U.S. Treasury security with a maturity closest to the Scheduled Due
Date(s) to be prepaid as reported by the Wall Street Journal (or other
published source) on October 10, 2000 ("Lock In Date") plus (ii) the
corresponding swap spread of the Bank on the Lock In Date for a fixed rate
payor to pay the Bank the fixed rate side of an interest rate swap of that
maturity.
A rate per annum equal to the sum of (i) the bond equivalent yield (bid side)
of the U.S. Treasury security with a maturity closest to the Scheduled Due
Date(s) to be prepaid as reported by the Wall Street Journal (or other
published source) on the Prepayment Date, plus (ii) the corresponding swap
spread that the Bank determines another swap dealer would quote to the Bank
on the Prepayment Date for paying to the Bank the fixed rate side of an
interest rate swap of that maturity.
C = The sum of the products of (i) each Affected Principal Amount for each
Affected Principal Period, times (ii) the number of days in that Affected
Principal Period divided by 360.
"Affected Principal Amount" for an Affected Principal Period is the principal amount
of the Bonds so prepaid.
Affected Principal Period" is each period from and including a Scheduled Due Date
to but excluding the next Scheduled Due Date, provided that the first such period
shall begin on and includes the Prepayment Date.
"Present Value" is determined as of the Prepayment Date using "B" above as the
discount rate.
JDC/B.LBGISL/319335-2/013524.0005
Resolution
Prepayment Fees are payable as liquidated damages, are a reasonable pre -estimate of the
losses, costs and expenses the Bank would incur for any prepayment, are not a penalty, will not
require claim for, or proof of, actual damages, and the Bank's determination thereof shall be
conclusive and binding in the absence of manifest error.
J➢C/B.LEGISL/319335-2/013524.0005
Resolution
A-2
[BAN'K'S LETTER REGARDING DEFERRAL OF FIRST INTEREST PAYMENT]
October 31, 2000
Sam Kissinger, Village Manager
Village of Key Biscayne
85 West McIntyre Street, Suite 201
Key Biscayne, Florida 33149
Re: $10,000,000 Village of Key Biscayne, Florida
Capital Improvement Revenue Bonds Series 2000
Dear Sam:
Notwithstanding the references in Resolution No. 2000-57, adopted by the Village Council
on October 24, 2000 (the "Bond Resolution") authorizing the above -captioned Bonds (the "Bonds")
to the first interest payment date being June 1, 2001, First Union National Bank (the `Bank"), as the
sole bondholder of the Bonds, hereby agrees that the Village may defer the first payment of interest
to December 1, 2001, without resulting in a default under either the Bond Resolution or the Bonds.
A copy of the final revised payment schedule reflecting such change and showing annual payments
on a fiscal year basis is attached hereto as Schedule I. This final revised payment schedule may
reflected in the Bond delivered to the Bank on the Closing date.
Very truly yours,
FIRST UNION NATIONAL BANK
JDCIB.CLOSZ/321190/013523.0005
By:
Paul Vincent, Vice President
I
$10,000,000
1 f
Revised
10/26/2000
VILLAGE OF KEY BISCAYNE, FLORIDA
Lease Revenue Bond Financing, Series 2000 (Village Civic Center Project)
Semi -Annual Debt Service Schedule
5.2400%
13.2966
Average Life
I Semi -Annual
Annual
Date
Rate
Principal
Interest
Credit Spread
Risk Montt.
1 Total D/S.
Total D/S
31 -Oct -00
0.0000%
0.0000%
31 -Oct -00
(Accrued)
0.00
0.00
0.00
0
01 -Dec -01
5.240%
0
569,122.22
0.00
0.00
569,122
01 -Jun -02
5.240%
0
262,000.00
0.00
0.00
262,000.
831,122
01 -Dec -02
5.240%
0
262,000.00
0.00
0.00
262,000
01 -Jun -03
5.240%i
0
262,000.00
0.00
0.00
262,000
524,000
01 -Dec -03
5.240%
0
262,000.00
0.001 0.00
262,000
01 -Jun -04
5.240%
0
262,000.00
0.00
0.00
262,000.
524,000
01 -Dec -04
5.240%
380,000 262,000.00
0.00
0.00
642,000
01 -Jun -05
5.240%
0 252,044.00
0.00
0.00
I 252,044
894,044
01 -Dec -05
5.240%
400,000 252,044.00
0.00
0.00
652,044
01 -Jun -06
5.240%
0 241,564.00
0.00
0.00
241,564
893,608
01 -Dec -06
5.240%
420,000 241,564.00
0.00
0.00
661,564
01 -Jun -07
5.240%
0 230,560.00
0.00
0.001
230,560
892,124
01 -Dec -07
5.240%
440,000
230,560.00
0.00
0.00
670,560
01 -Jun -08
5.240%
0
219,032.00
0.00
0.00
219,032
889,592
01 -Dec -08
5.240%
465,000
219,032.00
0.00
0.00
684,032
01 -Jun -09
5.240%
0
206,849.00
0.00
0.00
206,849
890,881
01 -Dec -09
5.240%
490,000
206,849.00
0.00
0.00
696,849
01 -Jun -10
5.240%
0
194,011.00
0.00
0.00
194,011
890,860
01 -Dec -10
5.240%
515,000
194,011.00
0.00
0.00
709,011
01 -Jun -11
5.240%
0
180,518.00
1 0.00
0.00
180,518
889,529
01 -Dec -11
5.240%
540,000
180,518.00
0.00
0.00
720,518
01 -Jun -12
5.240%
0
166,370.00
0.00
0.00
166,370
886,888
01 -Dec -12
5.240%
570,000
166,370.00
0.00 0.00
736,370
01 -Jun -13
5.240%
0
151,436.00
0.00 0.00
151,436
887,806
01 -Dec -13
5.240%
600,000
151,436.00
0.00 0.00
751,436
01 -Jun -14
5.240%
0
135,716.00 0.00 0.00
135,716
887,152
01 -Dec -14
5.240%
630,000
135,716.00
0.00 0.00
765,716
01 -Jun -15
5.240%
0
119,210.00
0.00 0.00
119,210
884,926
01 -Dec -15
5.240%
665,000
119,210.00
0.00 0.00
784,210
01 -Jun -16
5.240%
0
101,787.00
0.00 0.00
101,787
885,997
01 -Dec -16
5.240%
700,000
101,787.00
0.00 0.00
801,787
01 -Jun -17
5.240%
0
83,447.00 ,
0.00 0.00
83,447
885,234
01 -Dec -17
5.240%
735,000
83,447.00 0.00 O00 i
818,447
01 -Jun -18
5.240%
0
64,190.00.
0.00 0.00 ,
64,190
882,637
01 -Dec -18
5.240%
775,000
64,190.00
0.00
0.00
839,190
01 -Jun -19
5.240%
0
43,885.00.
0.00
0.00
43,885
883,075
01 -Dec -19
5.240%
815,000
43,885.00
0.00
0.00
858,885
01 -Jun -20
5.240%
0
22,532.00
0.00
0.00
22,532
881,417
01 -Dec -20
5.240%
860,000 22,532.00
0.00
0.00
882,532
$10,000,000 $6,967,424 $0
$0
16,967,424
16,084,892
I
FAILED ON NOVEMBER 14, 2000
RESOLUTION NO. 2000-58
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO ENTER INTO THE
ATTACHED AGREEMENT WITH RODRIGUEZ AND
QUIROGA FOR A NEEDS ASSESSMENT/PROGRAMMING
AND CONCEPTUAL DESIGNS RELATED TO THE
VILLAGE COUNCIL CHAMBER/COMMUNITY THEATER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council adopted a Civic Center Master which provides for the
location of a Village Hall/Community Center; and
WHEREAS, the Mayor, with the advice of the Village Council, appointed citizens to a
Village Council/Community Theater Committee for purposes of assisting the Village in the creation
of a Council/Theater; and
WHEREAS, the Village Council/Community Theater Committee reviewed nine (9)
proposals from architectural firms; and
WHEREAS, the Village Council/Community Theater Committee interviewed five (5) firms
and ranked in order the top three (3) and provided a recommendation to the Village Manager; and
WHEREAS, the Village Council has retained the Florida Department of Management
Services to assist staff in the construction, management, coordination, and implementation of the
Village Civic Center Master Plan; and
WHEREAS, the State of Florida Department of Management Services has reviewed the
attached agreement and recommends it be approved by the Village Council.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is authorized to enter into the attached Agreement to
employ the firm of Rodriguez and Quiroga for purposes of preparing "A Needs Assessment/
Programming" and "Conceptual Design" for the Village Hall/Community Theater.
Section 2. Upon the Council's approval of the work associated with Section 1 above, the
Village Council may authorize the Village Manager to negotiate an amendment to the attached
Agreement for purposes of providing complete architectural plans for the Village
Council/Community Theater.
Section 3. That the Village Manager and the Village Attorney are authorized to take any and
all action necessary to implement the Agreement.
Section 4. That the Agreement, in substantially the form attached hereto, is hereby approved
and the Manager is authorized to execute the Agreement on behalf of the Village.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of 2000.
MAYOR JOE I. RASCO
Al JEST:
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
RICHARD JAY WEISS, VILLAGE ATTORNEY
FAILED ON NOVEMBER 14, 2000
RESOLUTION NO. 2000-59
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
THIRD AMENDMENT TO VILLAGE OF KEY BISCAYNE
EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER,
C. SAMUEL KISSINGER; PROVIDING FOR AN Ell ECTIVE
DATE.
WHEREAS, the Village Council finds that the approval of the attached Third Amendment
to Village of Key Biscayne Employment Agreement with the Village Manager, C. Samuel Kissinger
(the "Third Amendment to Agreement") is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Third Amendment to Agreement, in substantially the form attached
hereto, is hereby approved and the Mayor is authorized to execute such Third Amendment to
Agreement on behalf of the Village.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 14th day of November 2000.
ST:
CONCHITA IL ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL NCY:
RICHARD JAY WEISS, VILLAGE'ATTORNEY
FXOR r` CO ,�
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered
into this 14th day of November, 2000, between the Village of Key Biscayne (the "Village") and
C. Samuel Kissinger (the "Employee").
WHEREAS, on February 25, 1992, the parties entered into the Employment Agreement
(the "Agreement") providing the terms and conditions of Employee's employment as Village
Manager of Village, and thereafter amended the Agreement on November 19, 1996, and on
August 3, 1999; and
WHEREAS, the parties desire to amend the Agreement as provided in this Third
Amendment to Employment Agreement (the "Amendment to Agreement"); and
WHEREAS, the Agreement, as previously amended and as further amended herein, shall
constitute the Amended Agreement.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL
PROMISES AND COVENANTS CONTAINED HEREIN, THE VILLAGE AND
EMPLOYEE AGREE THAT THE AGREEMENT IS HEREBY AMENDED, AS
PROVIDED IN PARTS A -B BELOW:
PART A. That paragraph (A) of Section 2 of the Agreement entitled "Term of
Employment" is hereby amended to read, in its entirety, as follows:
SECTION 2. TERM OF EMPLOYMENT
(A) Employee's term of employment shall be from November 19, 1996 until June
21, 2001, unless terminated as provided in the Amended Agreement. Three (3) months prior to
the expiration of this Amended Agreement, the Village Council and the Employee shall meet to
discuss the re -negotiation or renewal of this Amended Agreement if requested by either party.
PART B. That Section 3 of the Agreement entitled "Termination by Village and
Severance Pay" is hereby amended, to read, in its entirety, as follows:
(A) In the event that the Employee is terminated by the Village Council during
the term of employment provided by this Third Amendment to Agreement, the Village shall not
be required to pay Employee any severance pay. The Village shall pay to Employee all accrued
compensation due to the Employee as of the date of termination.
VIT,T AGE AND EMPLOYEE FURTHER AGREE that except as amended by this Third
Amendment to Agreement, that certain Employment Agreement of February 25, 1992, as
previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Village of Key Biscayne as Village and C. Samuel
Kissinger, as Employee, have caused this Agreement to be signed and executed, in duplicate, the
day and year first written above.
VILLAGE OF KEY BISCAYNE C. SAMUEL KISSINGER
BY ITS -VILLAGE COUNCIL 7
APPROVED AS TO FORM:
C. SAMUEL KISS TGER
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VILLAGE ATTORNEY
103001 \ ageements\third amendment to employment ageement-csk
RESOLUTION NO. 2000-60
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT
BETWEEN CO-PERMITTEES NAMED IN NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY;
PROVIDING FOR CONTROL OF POLLUTANT
DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM
SEWER SYSTEMS; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the attached interlocal
agreement providing for control of discharges from any and all municipal separate storm sewer
systems that may be shared by any of the parties to this Agreement, on behalf of the Village, with
Miami -Dade County for the next five (5) years beginning November 16, 2000 and ending on
November 16, 2005.
Section 2. This agreement may be extended for multiple five (5) year terms, up to a
maximum of twenty-five (25) years, upon adoption of the co-permittees of a resolution approving
said extension and by approval of FDOT DISTRICT and FDOT TURNPIKE.
Section 3. Effective Date. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of December , 2000.
MAYOR JO
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CONCHITA II. ALVAREZ, CMC, VILLAGF
APPROVFAD AS TAO FOI;M AND LEGAL SUFFIC
d-1 /7-1M 1,5-V
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-61
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING APPLICATION
FOR GRANT FROM THE SAFE NEIGHBORHOOD
PARKS BOND PROGRAM; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general
obligation bonds (the "Bonds") for the purpose of financing capital improvement programs for
certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida
enacted Ordinance No. 96-115, the Safe Neighborhood Parks Ordinance (the "Ordinance"); and
WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property
values, to promote prevention of juvenile crime by providing positive recreation opportunities, and
to improve the recreation facilities for youth, adult, and senior citizens in this community through
the improvement of our parks and natural areas; and
WHEREAS, in order to foster those important values, the projects more specifically listed
below have been identified for reimbursement pursuant to the terms of the Ordinance; and
WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution and the
acts contemplated by this resolution are conditions to obtaining a grant; and
WHEREAS, the Village of Key Biscayne wishes to make application for the grant monies
for the projects listed below subject to all terms and conditions of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village of Key Biscayne hereby authorizes the Village Manager to make
application for a grant for the projects and in the amount listed below, and in connection with such
application to execute such grant agreement and other contracts and documents, to expend Safe
Neighborhood Parks bond funds received for the purposes described in the funding request, to
execute any necessary amendments to the grant application and contracts, and take such other acts
as may be necessary to bind the Village of Key Biscayne and accomplish the intent of this resolution.
Application shall be made with respect to each of the following projects (the "Projects") in the
amounts set forth below.
Grant Title Total Grant
Village Green Improvements $ 10,646.00
Section 2. The Village of Key Biscayne shall complete each of the Projects in accordance
with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the
Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the total cost of
a Project exceeds the value allocated in the grant, then the Village of Key Biscayne will provide any
supplemental funds required to complete the Project. In the event that supplemental funds are
necessary for completion of a Project, as of the point in time that it is known that supplemental funds
are needed, the Village of Key Biscayne will demonstrate that such supplemental funds have been
committed to the Project prior to and as a condition of disbursement or further disbursement of grant
funds. The requirement for the Village of Key Biscayne to provide any supplemental funds required
to complete the Project may, at the sole discretion of the Committee, be modified in whole or in part
by a reduction in scope of work consistent with the Ordinance.
Section 3. The Village of Key Biscayne recognizes and directs that any beach, park, or other
public facility acquired, developed, rehabilitated or restored with bond funds, including the Projects,
shall be open and accessible to the public without discrimination as to race, color, gender, age,
religion, belief, residence, national origin, marital status or disability.
Section 4. To the extent allowed by law, the Village of Key Biscayne shall commit any and
all funds which may be required to operate, maintain and provide programming at each park project
upon its completion.
Section 5. No substitution in capital project funding by the Village of Key Biscayne shall
occur as a result of the grant for which the Village of Key Biscayne is applying.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of December , 2000.
APPROVED ORM AND LEGAL S
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-62
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
THE VILLAGE MANAGER TO PURCHASE THREE NEW
VEHICLES FOR THE POLICE DEPARTMENT; PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE' OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to purchase three new police
vehicles in the amount of $77,801.00.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of December , 2000.
CONCHITA H. ALVAREZ, CMC, VILLA
APPROVED AS TO FORM AND LEGAL SUPFIb CY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
RESOLUTION NO. 2000-63
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; RELATING TO
STREET TREES, PETITIONING THE BOARD OF COUNTY
COMMISSIONERS TO DIRECT THE MIAMI-DADE
COUNTY DEPARTMENT OF PUBLIC WORKS AND
TRAFFIC TO ADOPT AN ENVIRONMENTALLY
CONSCIENTIOUS STREET TREE PLANTING PROGRAM
BASED UPON THE RECOMMENDATIONS SET FORTH
HEREIN.
WHEREAS, the Village Council of the Village of Key Biscayne believes that it is the role
of government to act as agents for the greater public good; and
WHEREAS; one such public good is the preservation and enhancement of native ecological
communities within Miami -Dade County; and
•
WHEREAS, in furtherance of this public good, the upcoming planting OG street trees by the
County in public rights -of -way should be consistent with the aforementioned goal of ecological
enhancement, particularly with respect to species selection, tree groupings, and species location
within the County; and
WHEREAS, the Village of Key Biscayne further urges the County to emphasize native
species listed as "threatened" or "endangered" by contract -growing such species with local nurseries,
thereby creating an economy for these at -risk native plants; and
WHEREAS, furtherance of the goals of the Cool Communities organization, the use of
canopy shade trees should be promoted over the use of palm trees in order to help mitigate "heat
sinks" that increase ambient temperatures within urban areas.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village of Key Biscayne hereby petitions the Board of County
Commissioners to direct the Miami -Dade County Public Works and Traffic Department to adopt the
tree planting recommendations attached hereto as Attachment A.
Section 2. The Village of Key Biscayne further petitions the Board of County
Commissioners to direct the M ami-Dade County Public Works and Traffic Department to contract -
grow native species listed as "threatened" or "endangered" in order to create an economy for these
at -risk endemic species.
Section 3. The Street Tree Recommendations attached thereto as Exhibit A are hereby
adopted in this resolution.
PASSED AND ADOP 1'ED this 5th day of December 2000.
MAYOR JOE I. RASCO
ST:
CONCHITA FL ALVAREZ, CMC, VILLAG:
APPROVED AS TO FORM AND LEGAL S
d -d
RICHARD JAY WEISS, VILLAGE ATTORNEY
RESOLUTION NO. 2000-64
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; PROVIDING FUNDS FOR THE STUDY OF
CONSTRUCTION OF SIDEWALK ALONG WOODCREST
ROAD AND PORTIONS OF WEST MCINTYRE,
AUTHORIZING AN ENGINEERING FIRM TO PROVIDE
ENGINEERING SERVICES FOR THE SIDEWALK
PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, funds in the amount of $200,000 are included in the Capital Improvement Fund
for the sidewalk construction; and
WHEREAS, the Village Council wants to extend the sidewalk program along the entire
length of Woodcrest Road and portions of West McIntyre Street from Harbor Drive to the Key
Biscayne Elementary School at Ridgewood Road for an estimated project cost of $200,000, Exhibit
"A"; and.
WHEREAS, the firm of Williams Hatfield & Stoner, Inc. is on the list of approved
engineering firms as per Resolution 99-47 adopted August 25, 1999.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the agreement, in
substantially the form attached, between Williams Hatfield & Stoner, Inc. and the Village for
professional engineering services for the 2000-2001 sidewalk construction program, as outlined
above, Exhibit B at a cost estimated at $26,400 plus reimbursables;.
Section 2. The Village Manager is authorized to execute each phase separately for the work
contained in the attached agreement.
Section 3. This resolution shall take effect inunediately upon adoption.
PASSED AND ADOPTED this 5th day of December , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL S
di�_C%C c
RICHARD J. WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO