HomeMy Public PortalAbout06-14-11 - Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 14, 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. Helfman.
2. INVOCATION: Rabbi Yoel Caroline, Chabad of Key Biscayne gave an invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: The Mayor and the Manager addressed the Council and
the public regarding Youth Sports.
The following residents addressed the Council regarding the Youth Sports Program: Bill
Stephens, Jill Stephens and Jeff Jenkins, 177 Ocean Lane Drive.
5. PUBLIC COMMENTS: There were no speakers present.
1 of
June 14, 2011
6. AGENDA: Mayor Caplan requested the addition of a report on Consultatio as Item 10A11.
There was no objection to the request.
7. APPROVAL OF MINUTES: The Clerk addressed the Council reporting two corrections
to the minutes. One on page 2 and the other one on page 7. The vote for the approval of the Calusa
Mangrove Resolution was 4-2 with Councilmember Taintor and Vice Mayor Kelly voting No.
Vice Mayor Kelly made a motion to approve the minutes of the May 24, 2011 Zoning Meeting, as
amended. The motion was seconded by Councilmember Davey 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: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $2,200,000 OF CAPITAL IMPROVEMENT AND
LAND ACQUISITION REVENUE REFUNDING BONDS OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING
FORTH THE DETAILS OF SAID BONDS; AUTHORIZING THE VILLAGE MANAGER
TO NEGOTIATE WITH BANKS FOR PURCHASE OF THE BONDS AND TO ENTER
INTO A RATE LOCK AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Manager and Lourdes Abadin, Financial Consultant for the Village with Estrada Hinojosa,
addressed the Council recommending the approval of the ordinance authorizing the issuance of not
exceeding $2,200,000 of Capital Improvement Revenue Refunding Bonds of the Village of Key
Biscayne for the purposes of refunding prior bonds.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
The Clerk announced the second reading on June 28, 2011.
2 of
June 14, 2011
The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $7,150,000 OF CAPITAL IMPROVEMENT
REVENUE REFUNDING BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS
OF SAID BONDS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH
BANKS FOR PURCHASE OF THE BONDS AND TO ENTER INTO A RATE LOCK
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The Manager and Lourdes Abadin, Financial Consultant for the Village with Estrada Hinojosa,
addressed the Council recommending the approval of the ordinance authorizing the issuance of not
exceeding $7,150,000 of Capital Improvement Revenue Refunding Bonds of the Village of Key
Biscayne for the purposes of refunding the Refunding Capital Improvement Revenue Bonds, Series
2002.
The ordinance was approved on first reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
The Clerk announced the second reading on June 28, 2011
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA BY AMENDING CHAPTER 23 "RETIREMENT," SECTION
23-57 "FIREFIGHTER DEFERRED RETIREMENT OPTION PROGRAM (DROP)" TO
ALLOW POLICE OFFICER MEMBERS OF THE PLAN TO PARTICIPATE IN DROP;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Garcia.
3 of
June 14, 2011
The Manager addressed the Council recommending the adoption of this ordinance which amends
the Code of Ordinances of the Village of Key Biscayne, Chapter 23 "Retirement", Section 23-57
"Firefighter Deferred Retirement Option Program" to allow police officer members to participate
in such plan.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was approved on second reading by a 6-1 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor and Mayor Caplan voting Yes. Vice
Mayor Kelly voting No.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $4,505,000 OF STORMWATER UTILITY
REVENUE REFUNDING BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS
OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Gusman made a motion to approve the ordinance on second reading. The motion
was seconded by Councilmember Davey.
The Manager addressed the Council recommending approval of this ordinance which will authorize
the issuance of not exceeding $4,505,000 of Stormwater utility revenue refunding bonds of the
Village of Key Biscayne for the purposes of refunding prior bonds.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was approved on second reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $7,000,000 OF CAPITAL IMPROVEMENT
REVENUE REFUNDING BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA;
PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS
OF SAID BONDS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH
4 of 9
June 14, 2011
BANKS FOR PURCHASE OF THE BONDS AND TO ENTER INTO A RATE LOCK
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Gusman.
The Manager addressed the Council recommending approval of this ordinance which will authorize
the issuance of not exceeding $7,000,000 of Capital Improvement revenue refunding bonds of the
Village of Key Biscayne for the purposes of refunding prior bonds.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was approved on second reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
VILLAGE AND O'BRIEN'S RESPONSE MANAGEMENT INC., CONCERNING FEMA
GRANT MANAGEMENT, EMERGENCY RESPONSE AND DISASTER RECOVERY
SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Garcia made a motion to approve the resolution. The motion was seconded by
Councilmember Davey.
The Manager addressed the Council recommending the approval of this resolution which authorizes
the Village Manager to execute the attached Agreement for Professional Services with O'Brien's
Response Management, Inc.
Valerie Phillip with O'Brien's Response Management Inc. addressed the Council.
The resolution was approved by a 6-1 roll call vote. The vote was as follows: Councilmembers
Davey, Garcia, Gusman, Lindsay, Vice Mayor Kelly and Mayor Caplan voting Yes. Councilmember
Taintor voting No.
5 of 9
June 14, 2011
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE ISSUANCE OF STORMWATER UTILITY REVENUE REFUNDING BONDS, SERIES
2011, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $4,450,000 FOR THE PURPOSE OF REFUNDING THE
VILLAGE'S $7,200,000 STORMWATER UTILITY REVENUE BONDS, SERIES 1999;
AWARDING THE SALE OF THE BONDS TO PINNACLE PUBLIC FINANCE, INC.;
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.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Gusman.
The Manager and Lourdes Abadin, Financial Consultant for the Village of Key Biscayne with
Estrada Hinojosa addressed the Council recommending approval of the resolution authorizing the
Manager to enter into negotiations with Pinnacle Public Finance to purchase the $4,505,000
Stormwater Utility Revenue Bonds, Series 2011 to refinance the Stormwater Utility Revenue Bonds,
Series 1999. This proposed refinancing will produce approximately $275,000 in present value
savings. Additionally it will provide debt relief to cover the cash flow constraints created from
October 1, 2010 thru March 1, 2011, when the adjustments to the Stormwater Rates were approved
and became effective.
The resolution was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers
Davey, Garcia, Gusman, Lindsay, Taintor and Mayor Caplan voting Yes. Vice Mayor Kelly was out
of the Chamber at the time the vote was taken.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS,
SERIES 2011A, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $6,890,000 FOR THE PURPOSE OF
REFUNDING THE VILLAGE'S $10,000,000 CAPITAL IMPROVEMENT REVENUE
BONDS, SERIES 2000; AWARDING THE SALE OF THE BONDS TO BRANCH BANKING
AND TRUST COMPANY; 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.
6of9
June 14, 2011
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Gusman.
The Manager addressed the Council recommending approval of the resolution authorizing the
Village Manager to enter into negotiations with Branch Banking and Trust Company (BB&T) to
purchase the $6,890,000 Capital Improvement Revenue Refunding Bonds, Series 2011 to refinance
the Capital Improvement Revenue Bonds, Series 2000. This proposed refinancing will produce
approximately $932,160 in present value savings over the life of the bonds.
The resolution was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers
Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
VILLAGE OF KEY BISCAYNE AND ESTRADA HINOJOSA & COMPANY, INC.,
CONCERNING FINANCIAL ADVISORY SERVICES; PROVIDING FOR AN EFFECTIVE
DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia.
The Manager addressed the Council recommending the adoption of the resolution approving
Professional Services Agreement with Estrada Hinojosa & Co. for specialized financial advisory
services for a term expiring on June 1, 2012, subject to further annual renewals if necessary, at the
same annual retainer of $50,000. This retainer is the same amount as originally approved on June
5th, 2007.
The resolution was 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.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, APPROVING THE REPORT PREPARED BY SAVINO MILLER DESIGN
STUDIO RELATING TO 530 CRANDON BOULEVARD; SELECTING A DESIGN OPTION
FOR 530 CRANDON BOULEVARD; AUTHORIZING THE VILLAGE MANAGER AND
VILLAGE ATTORNEY TO NEGOTIATE WITH THE PROPERTY OWNER OF 520
CRANDON BOULEVARD RELATING TO THE POTENTIAL VACATION OR
MODIFICATION OF THE INGRESS/EGRESS EASEMENT GRANTED TO THE
7of9
June 14, 2011
PROPERTY OWNER BY THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Kelly.
The Manager addressed the Council recommending that the Council review the report and following
the presentation make a determination if the project should move forward. If the Council wishes to
proceed, it is recommend that this resolution be approved which provides for the following actions:
1.) Approval of the report; 2.) Selection of the recommended option (site plan); 3.) Authorize the
Manager and the Attorney to negotiate with the property owner of 520 Crandon Boulevard relating
to the potential vacation or modification of an easement on Village Green Way.
Mr. Barry Miller with Savino Miller Design Studio, P.A. made a presentation to Council.
Mr. Ken Hipp, Attorney with Gray Robinson, representing SunTrust Bank, Mr. Bill Tipton,
Jr., Traffic Engineering and Mr. Sheldon Lowe, 445 Grand Bay Drive addressed the Council.
Mayor Caplan made a friendly amendment to the Davey motion to not take any action on the
resolution and accept the report from Savino Miller. The motion was 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. Mayor Caplan reported that together with the Manager they attended
the Miami -Dade County Swearing -In Ceremony for Commissioners Xavier Suarez and Esteban
Bovo, Jr.
Mayor Caplan also addressed the Council regarding the legislative changes to the Growth
Management Act requesting that the Attorney or Mr. Fausto Gomez, the Village's Lobbyist report
back to Council.
Mayor Caplan addressed the Council regarding the Mast Academy Traffic Light reporting that we
are still waiting for a response from Miami -Dade County.
Councilmember Taintor addressed the Council regarding the time of responses to the fatality that
occurred on Wednesday, May 4th, 2011 at Harbor Lane and Harbor Drive.
Chief of Fire Rescue John C. Gilbert addressed the Council reporting that all Fire calls will
always have to go through the Miami -Dade County 911 Dispatch, insisting that all residents
8of9
June 14, 2011
in case of an emergency, please call 911.
Vice Mayor Kelly addressed the Council regarding the problem with the Whitefly infestation on the
Key. The Manager and Public Works Director, Armando Nunez addressed the Council regarding
this issue reporting that there are approximately 2500 infested trees in the Village's right of way.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
Village Manager. The Manager did not submit a report.
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 11.05 p.m.
Re s e i tfully subnyitted:
Conchita H. Alvarez, MMC
Village Clerk
Approved this 28th day of June , 2011:
Fra}iklin 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
9of9