HomeMy Public PortalAbout08-30-11 - Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, AUGUST 30, 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 and Village Attorney Stephen
J. Helfman.
2. PLEDGE OF ALLEGIANCE: Members of the under -12 Key Biscayne Field Hockey
Team led the pledge of allegiance
3. SPECIAL PRESENTATIONS: The Mayor, on behalf of the Council, recognized the
under -12 Key Biscayne Field Hockey Team that played in Orlando, placing third in their division.
First time a Key Biscayne Team participated in a USA Field Hockey Association Event and first
team from Florida to medal in a tournament of this kind.
Colin Baenziger with Baenziger & Associates, addressed the Council giving an update on the status
of the search for Village Manager.
Tim Blankenship with Coastal Systems addressed the Council regarding the Beach Projects. Brian
Flynn with DERM addressed the Council regarding the Federal Shore Protection Projects.
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Valarie Philip with O'Brien's Response Management addressed the Council regarding FEMA
Deobligation 2004 and 2005 Storms Status Report.
4. PUBLIC COMMENTS: The following resident addressed the Council: Ed Meyer, 798
Crandon Boulevard.
5. AGENDA: Councilmember Davey requested the addition of a discussion on school traffic
as Item 10A6. There was no objection to the agenda change.
At this time, Mayor Caplan acknowledged and congratulated the Key Biscayne Yacht Club on a
Clean Marina.
6. APPROVAL OF MINUTES: There were no minutes considered by Council.
7. ORDINANCES: The Attorney read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING
THE ISSUANCE OF NOT EXCEEDING $3,125,000 OF TRANSPORTATION TAX
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.
Vice Mayor Kelly made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Lindsay.
The Manager and the Attorney addressed the Council recommending approval of this ordinance
which will authorize the issuance of not exceeding $3,125,000 of Transportation Tax 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.
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The Attorney read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE
WINTER CONCERT ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Kelly made a motion to approve the ordinance on second 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 ordinance was approved on second reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Vice Mayor Kelly, Lindsay, Taintor and Mayor Caplan
voting Yes.
The Attorney read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE
2010-2011 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR
AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Garcia.
The Manager addressed the Council recommending approval of this ordinance. Due to the ongoing
labor negotiations the Village was required to provide the 5% raises retroactively as negotiations
continue for the General Employees and provide the 1% COLA as per the newly ratified Collective
Bargaining Agreements for Police Officers and Sergeants and Police Lieutenants.
There was an extensive discussion from Council on this ordinance.
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, Vice Mayor Kelly, Lindsay, Taintor and Mayor Caplan
voting Yes.
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August 30, 2011
The Attorney read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 4-32 "PROHIBITED WATER ACTIVITY" CREATING A VESSEL EXCLUSION
ZONE/SWIM AREA GENERALLY LOCATED WEST OF 398 HARBOR DRIVE TO 485
W. MATHESON DRIVE AS FURTHER DESCRIBED ON EXHIBIT "A"; PROVIDING
FOR GENERAL EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Garcia made a motion to approve the ordinance on second reading. The motion was
seconded by Councilmember Davey.
The Mayor opened the public hearing. Mario Garcia -Serra, Attorney representing the owners
at 452 Harbor Drive; Claudio Alvarez, 452 Harbor Drive addressed the Council. The Mayor
closed the public hearing.
There was an extensive discussion from Council regarding this ordinance.
Vice Mayor Kelly made a motion to amend Section 4-32 of the Code as follows: set the boundaries
at 300 feet instead of 200 feet. The motion was seconded by Mayor Caplan and failed by a 3-4 roll
call vote. The vote was as follows: Councilmember Garcia, Vice Mayor Kelly and Mayor Caplan
voting Yes. Councilmembers Davey, Gusman, Lindsay and Taintor voting No.
The Manager and the Attorney also addressed the Council regarding this ordinance.
Councilmember Davey made a motion to amend Section 4-32 of the Code as follows: set the
boundaries at 175 feet instead of 200 feet. The motion was seconded by Councilmember Garcia.
Councilmember Garcia withdrew his second to the motion.
Councilmember Davey made a motion to amend Section 4-32 of the Code as follows: set the
boundaries at 200 feet. The motion was seconded by Councilmember Lindsay and approved by a
5-2 roll call vote. The vote was as follows: Councilmembers Davey, Gusman, Lindsay, Taintor and
Vice Mayor Kelly voting Yes. Councilmember Garcia and Mayor Caplan voting No.
It was the consensus of Council to amend Section 4-32 of the Code as follows: No owner, operator
or person in command of any Vessel shall permit or operate a Vessel within the area of Biscayne
Bay, generally located West of 400 Harbor Drive to and including 500 Bay Lane as shown on the
Nixon Beach Swim Zone Map, except as authorized by the Village Council.
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August 30, 2011
The ordinance, as amended, was approved on second reading by a 5-2 roll call vote. The vote was
as follows: Councilmembers Davey, Gusman, Lindsay, Taintor and Vice Mayor Kelly voting Yes.
Councilmember Garcia and Mayor Caplan voting No.
8. RESOLUTIONS: The Attorney read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE ISSUANCE OF TRANSPORTATION TAX REVENUE REFUNDING BONDS, SERIES
2011, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $2,808,952 FOR THE PURPOSE OF REFUNDING THE
VILLAGE'S $3,500,000 TRANSPORTATION TAX REVENUE BONDS, SERIES 2005;
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 Lindsay made a motion to approve the resolution. The motion was seconded by
Councilmember Davey.
The Manager and Lourdes Abadin, Financial Consultant for the Village 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 $2,808,952 for the purpose of
refunding the Village's $3,500,000 Transportation Tax Revenue Bonds, Series 2005. This proposed
refinancing will produce approximately $268,677 in net present value savings, a 9.57% savings of
refunded bonds.
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.
9. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers: Mayor Caplan, with consensus of Council, appointed the following
residents to the following boards and committees. To the Land Acquisition Committee: Bradley
Newsome; to the Pension Board: Martha F. Broucek and thanked Sherryl Reed for her service on
this Board; to the Winter Concert Committee: Eduardo Manturet, Dorothy Flannery, Gloria Kahn,
and Susi Wesfall; to the Community Center Advisory Board: Ed Stone, Lois Greenberg, Karen
Beber; to the Art in Public Places Advisory Board: Gina Coleman; to the Youth Athletic Advisory
Board: Glen Waldman, Jackie Kellogg, John Lombardi, Jennifer Steam and Florencia Manero.
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Mayor Caplan also addressed the Council regarding the second reading of the HR Ordinance. It was
the consensus of Council to hold the second reading of this ordinance on October 11, 2011.
Councilmember Taintor addressed the Council requesting an update on the KB Fireworks. The
Manager and Todd Hofferberth, Director of Parks and Recreation addressed the Council regarding
the Key Biscayne Fireworks, Grucci's contract and the process to select a vendor.
It was the consensus of Council to re -appoint the existing members of each of the respective Boards
that are due for re -appointment.
Mayor Caplan addressed the Council regarding the scope of Flood Insurance that the Village should
have. Chief of Fire Rescue John C. Gilbert and Director Hofferberth addressed the council regarding
Flood Insurance.
Mayor Caplan made a motion to waive purchase of flood insurance on the Fire Station and the
Community Center Building. The motion was seconded by Councilmember Davey and approved
by 7-0 voice vote. The vote was as follows: Councilmembers Davey, Garcia, Gusman, Lindsay,
Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
Mayor Caplan addressed the Council regarding the Youth Sports Program.
Councilmember Davey addressed the Council regarding school traffic requesting that the Chief of
Police take care of this issue due to people speeding in this area.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Clerk did not submit a report.
Village Manager. Todd Hofferberth, Director of Parks and Recreation addressed the Council
regarding the Grant Application process for $50,000 through the Florida Recreation Development
Assistant Program for Village Green Improvements.
Councilmember Garcia made a motion to extend the meeting to 11:15 p.m. 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.
It was the consensus of Council to authorize the Manager to apply for the grant for Village Green
improvements.
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The Manager addressed the Council requesting a motion to renew the audit service contract with
Marcum LLP aka Rachlin LLP.
Councilmember Davey made a motion to renew the audit service contract for one year and then go
to bid. The motion was seconded by Councilmember Lindsay and approved by 6-1 voice vote. The
vote was as follows: Councilmembers Davey, Garcia, Lindsay, Taintor, Vice Mayor Kelly and
Mayor Caplan voting Yes. Councilmember Gusman voting No.
10. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
11. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of meetings and future
events were presented to the Council.
12. ADJOURNMENT: The meeting was adjourned at 10:57 p.m.
Resp ' ' lly submitted;
ita H. Alvarez, MMC
Village Clerk
Approved this 10th day o Ja ua 2012:
Franklin 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 VERSA TIM 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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