HomeMy Public PortalAbout03-08-11 - Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 8, 2011
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:00 p.m. Present were Councilmembers Michael W. Davey, Enrique Garcia, Robert
Gusman, Mayra P. Lindsay, James S. Taintor, Vice Mayor Michael E. Kelly and Mayor Franklin H.
Caplan. Also present were Village Manager Genaro "Chip" Iglesias, Village Clerk Conchita H.
Alvarez and Village Attorney Stephen J. Helfinan.
2. INVOCATION: Reverend Burt Froehlich, St. Christopher's By The Sea gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Caplan lead the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: There were no special presentations.
5. PUBLIC COMMENTS: There were no speakers present.
6. AGENDA: Councilmember Garcia requested the addition of a discussion regarding the
Sonesta article in the Islander News as Item 10A4; Vice Mayor Kelly and Councilmember Lindsay
requested the addition of further discussion regarding the recent Pension Workshop as Item 10A5;
Councilmember Taintor requested to hear Item 10D2 together with Item 9A, requested the addition
of a report from the Manager regarding the Nixon beach buoys as Item 10A6, requested the addition
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of a status report on the Presbyterian Church land lease as Item 10A7 and also requested a status
report from the Manager regarding the parking spaces and sidewalk by the Community Church as
10A8; Mayor Caplan requested the addition of appointments to the Dock Advisory Board as Item
10A9, requested the addition of a discussion regarding Relay for Life as Item 10A10, requested the
addition of a comment of an advertisement from the Chamber of Commerce regarding the Sony
Ericsson Open as Item 10A1 1, requested the addition of public participation on the recent workshops
held by Council as Item 10Al2 and also requested the addition of a discussion regarding the
celebration of the 20th Anniversary of Incorporation as Item 10A13. There was no objection to the
agenda changes.
7. APPROVAL OF MINUTES: Councilmember Davey made a motion to approve the
minutes of the February 8, 2011 Regular Council Meeting. The motion was seconded by
Councilmember Garcia and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
Councilmember Davey made a motion to approve the minutes of the February 15, 2011 K-8 School
Workshop. The motion was seconded by Vice Mayor Kelly and approved by a 7-0 voice vote. The
vote was as follows: Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly
and Mayor Caplan voting Yes.
Councilmember Davey made a motion to approve the minutes of the February 22, 2011 Pension
Workshop. The motion was seconded by Vice Mayor Kelly and approved by a 7-0 voice vote. The
vote was as follows: Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly
and Mayor Caplan voting Yes.
8. ORDINANCES: There were no ordinances considered by Council.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; APPROVING THE VILLAGE MANAGER'S REVISED ADMINISTRATIVE
ORDER SETTING A NEW STORMWATER UTILITY FEE; PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by Vice
Mayor Kelly.
The Manager and Lourdes Abadin, with Estrada Hinojosa, Financial Consultant for the Village
addressed the Council recommending to consider refinancing and restructuring the Stormwater
Utility Revenue Bonds, Series 1999 to provide debt relief for the Stormwater Enterprise Fund and
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alleviate the cash flow shortages and the recommended annual stormwater rate adjustments.
The Manager also addressed the Council recommending approval of the Village Manager's revised
Administrative Order setting a new Stormwater Utility Fee.
Mr. Michael E. Burton, President of Burton & Associates made a presentation to Council
regarding the Stormwater Rate Study.
Councilmember Davey made a motion to table the resolution to later in the meeting. The motion
was seconded by Vice Mayor Kelly and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Vice Mayor Kelly addressed the Council regarding the timing of the
second reading of the Land Trust Ordinance.
It was the consensus of Council to hold the second reading of the above mentioned ordinance on
April 12, 2011.
Vice Mayor Kelly also addressed the Council regarding Miami -Dade Police enforcement on the
Causeway. Vice Mayor Kelly reported that the causeway is unsafe and out of control with the
cyclists and teenagers driving at extreme speeds. Mayor Kelly proposed that the Manager and the
Police Chief try to form a task force in conjunction with the different authorities that oversee the
Causeway in order to increase enforcement. There was no objection to the proposal.
Councilmember Davey made a motion to remove Item 9A from the table. The motion was seconded
by Vice Mayor Kelly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers
Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
Councilmember Davey made an amending motion to increase the Stormwater rate fee to $8.90 per
each Equivalent Residential Unit (E.R.U.) per month. The motion was seconded by Vice Mayor
Kelly and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Davey, Gusman,
Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes. Councilmembers Garcia and Lindsay
voting No.
The resolution, as amended, was approved by a 4-3 voice vote. The vote was as follows:
Councilmembers Gusman, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
Councilmembers Davey, Garcia and Lindsay voting No.
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Councilmember Davey addressed the Council regarding the problem of feral cats on Key Biscayne,
especially around the Key Biscayne Community Church. Vice Mayor Kelly informed the Council
that this is a legitimate health risk.
Councilmember Garcia addressed the Council regarding the recent article in the Islander News about
the Sonesta lawsuit. Mayor Caplan and the Attorney also addressed the Council regarding this issue.
There was extensive discussion from Council regarding this issue.
Vice Mayor Kelly and Councilmember Lindsay addressed the Council regarding the recent Pension
Workshop held by Council on February 22, 2011. Councilmember Lindsay addressed the Council
requesting the following additional information: 1.) Total amount the Village is spending in
administering the different pension plans; 2.) What the actual obligation would be if we move the
actual return of investment to 7 1/2% or 6 1/2% and 3.) What the 10 year average yield has been for
investment returns on the pension plans.
Vice Mayor Kelly also addressed the Council regarding requesting the following additional
information: 1.) What are the projected costs going out over time, 10 years from now; 2.) What
would the Village be spending if a defined contribution plan was chosen instead; 3.) What is the
average rate of return since the inception of the plan and 4.) What would be the consequence if we
earn less that 6 1/2%.
It was the consensus of Council to get an outside Consultant to look at our different pension plans
and provide an unbiased report. It was also the consensus of Council to place this item on the May
24, 2011 agenda after the Legislation Session ends.
Councilmember Taintor addressed the Council requesting a report from the Manager on the Nixon
Beach buoys. The Manager addressed the Council reporting that the Consultant was contacted and
informed the Manager that an ordinance will be required since four different regulatory agencies
need to be involved in this process. The Attorney reported that the ordinance is almost finished to
be presented to the Council at a future meeting.
Councilmember Taintor also addressed the Council requesting an update from the Manager
regarding the lease agreement with the Presbyterian Church for playing fields. The Manager also
reported on the ongoing negotiations with the Presbyterian Church.
Councilmember Taintor also addressed the Council requesting an update from the Manager
regarding the sidewalk by the Community Church. The Manager addressed the Council reporting
that this item will be placed on the next Council agenda.
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Mayor Caplan addressed the Council regarding the appointments to the Dock Advisory Board.
Mayor Caplan, with consensus of Council, appointed the following residents to the Dock Advisory
Board: Carlos de la Cruz, Finlay Matheson, John Dasburg, Billy Pesch and former Mayor Bob
Vernon. Councilmember Taintor will be the Council liaison to this Board.
Mayor Caplan addressed the Council regarding public participation in the recent workshops and
meetings urging the residents to keep participating.
Mayor Caplan addressed the Council regarding a request from Relay for Life to have a Council team.
It was the consensus of Council to participate in the Relay for Life.
Mayor Caplan also addressed the Council regarding a beautiful video that the Chamber of Commerce
has prepared portraying Key Biscayne, voiced by Andy Garcia. This video will be played on the big
screen during the Sony Ericsson Tennis Tournament.
Mayor Caplan also addressed the Council regarding the 20th Anniversary celebrations suggesting
that a special event would be appropriate.
Village Attorney. The Attorney addressed the Council regarding the new draft of the HR ordinance.
It was the consensus of Council to bring this item back before Council at the April 12th meeting as
a draft ordinance.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager addressed the Council reporting that the Village currently has an
inventory of 484 Street signs (121 intersections) throughout the island. The Manager also reported
that the Citizens' Independent Transportation Trust ("CITT") has informed the Village that a portion
of the transportation surtax revenue can be utilized for street signs.
It was the consensus of Council to direct staff to provide three options and different price points.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of meetings and future
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 10:55 p.m.
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Resp i lly submied:
Conchita H. Alvarez, MMC
Village Clerk
App ove ' this 15th ' ' _ of March 2011:
Fr - , in H. Caplan
Mayor
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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