HomeMy Public PortalAbout06-10-08 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, JUNE 10, 2008
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, Steve
Liedman, Thomas Thornton, Patricia Weinman, Vice Mayor Jorge E. Mendia and Mayor Robert L.
Vernon. Also present were Village Manager Genaro "Chip" Iglesias, Village Clerk Conchita H.
Alvarez and Village Attorney David M. Wolpin.
2. INVOCATION: Reverend Bud Schroeder, Chaplain for the Key Biscayne Police
Department gave an invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Vernon led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS: Mr. Michael Futterman, CPA, Director for Rachlin Cohen
& Holtz LLP Certified Public Accountants made a presentation to the Council regarding the 2007
Comprehensive Annual Financial Report.
5. PUBLIC COMMENTS: The following residents addressed the Council: Mark Fried,
President of the Key Biscayne 4th of July Committee, 525 Warren Lane and Michele Estevez-Hayes,
President of the Key Biscayne Chamber of Commerce, 800 Crandon Boulevard.
6. AGENDA: The Manager requested the deferral of Item 8B2 to the July 8, 2008 Council
Meeting. There was no objection to the agenda change.
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7. APPROVAL OF MINUTES: Councilmember Davey made a motion to approve the minutes
of the May 27, 2008 Zoning Meeting. The motion was seconded by Councilmember Garcia and
approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey, Garcia Liedman,
Thornton, Weinman, Vice Mayor Mendia and Mayor Vernon 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 $5,000,000 OF WATER AND SEWER REVENUE
NOTES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A
SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID NOTES;
AND PROVIDING AN EFFECTIVE DATE.
Councilmember Garcia made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Weinman.
The Mayor opened the public hearing. Charles Viscito, 141 Crandon Boulevard addressed
the Council. The Mayor closed the public hearing.
The Manager, Finance Director Randolph G. White and Lourdes Abadin with Estrada Hinojosa,
Financial Advisor for the Village addressed the Council reporting that the Village is seeking to
borrow interim financing for the shortfall of approximately $4,600,000 for the Sanitary Sewer
Project from a qualified financial institution for one year, until the Village can secure long term
financing from the State Revolving Fund Program.
The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor
Vernon voting Yes.
The Clerk announced the second reading of the ordinance for July 8th, 2008.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS A PROPOSED
AMENDMENT TO THE VILLAGE CHARTER IN ACCORDANCE WITH SECTION
6.02(a)(i) OF THE VILLAGE CHARTER; SUBMITTING A PROPOSED CHARTER
AMENDMENT CONCERNING SECTION 4.15 "APPROVAL BY VOTE OF ELECTORS
REQUIRED FOR AMENDMENTS TO LAND DEVELOPMENT REGULATIONS";
PROVIDING FOR AN AMENDMENT OF SECTION 4.15 TO PROVIDE THAT VOTER
APPROVAL IS REQUIRED FOR ANY VILLAGE COUNCIL AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS (INCLUDING ZONING CODE) WHICH
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INCREASES THE DENSITY OR INTENSITY FOR THE DEVELOPMENT OF ANY
PROPERTY IN THE VILLAGE; PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO THE ELECTORATE; PROVIDING FOR A DATE FOR AN ELECTION
BY THE QUALIFIED ELECTORS; PROVIDING NOTICE OF ELECTION; PROVIDING
FOR BALLOTING AND ELECTION PROCEDURES; PROVIDING FOR INCLUSION IN
THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Garcia made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Davey.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The Attorney and the Clerk addressed the Council regarding this ordinance.
There was extensive discussion from Council regarding the proposed ballot language.
Councilmember Davey made a motion to table the ordinance to the July 8, 2008 Council Meeting.
The motion was seconded by Councilmember Thornton and approved by a 7-0 voice vote. The vote
was as follows: Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia
and Mayor Vernon voting Yes.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER II, "ADMINISTRATION", ARTICLE XV "YOUTH ATHLETICS ADVISORY
BOARD", SECTION 2-220 "CREATION, COMPOSITION, AND QUALIFICATIONS" OF
THE CODE OF KEY BISCAYNE, FLORIDA BY MODIFYING THE COMPOSITION OF
THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Weinman.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was adopted on second reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor
Vernon voting Yes.
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9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING VILLAGE'S CHARTER SCHOOL STUDY CONSULTANT
TO PROVIDE FOR THE PREPARATION AND FILING OF AN APPLICATION FOR A
CHARTER HIGH SCHOOL, IN ADVANCE OF COMPLETION OF PLANNING AND
STUDY ACTIVITIES, IN ORDER TO PRESERVE THE PRIORITIES AND RIGHTS OF
THE VILLAGE OF KEY BISCAYNE; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Thornton.
The following residents addressed the Council: Leo Brito, 775 Curtiswood; Camille
Guething, 260 Seaview Drive; Michelle Estevez-Hayes, 800 Crandon Boulevard and Angel
Martin, 151 Crandon Boulevard.
The Manager and the Attorney addressed the Council regarding this resolution.
There was extensive discussion from Council regarding this resolution.
Councilmember Davey made a motion to amend Section 2 of the resolution, as proposed by the
Attorney, by inserting the following language: "subject to the Village Council's approval of the
Application prior to filing, and the approval of the Application by the Village Attorney ". The
motion was seconded by Councilmember Thornton and approved by a 7-0 voice vote. The vote was
as follows: Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia
and Mayor Vernon voting Yes.
The resolution, as amended, was approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor
Vernon voting Yes.
At this time, the Mayor requested for volunteers from the audience to work on the application for
the Charter High School. The following residents expressed a desire to serve on this ad hoc
committee: Leonardo Brito, Gisela Franceschi, Kathy King, Michelle Manjarrez, Maria del Carmen
Mayoral, Federico Padovan, Maria F. Ordonez and Beatriz Rocha.
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The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING
RESOLUTION NO. 2004-42 ADOPTED ON OCTOBER 12, 2004, IN CONNECTION WITH
THE ISSUANCE OF THE VILLAGE OF KEY BISCAYNE LAND ACQUISITION AND
CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2004; APPROVING AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AND DELIVER
THE AMENDMENT TO BONDS; APPROVING AND AUTHORIZING THE EXECUTION
AND DELIVERY OF CERTAIN OTHER DOCUMENTS REQUIRED IN CONNECTION
WITH THE FOREGOING; AND PROVIDING AN EFFECTIVE DATE.
Finance Director White addressed the Council regarding this resolution explaining that due to an
error of SunTrust Bank, principal was not billed on quarterly loan statements. In order to bring these
loans up to date, reamortization is necessary.
Councilmember Liedman made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor
Vernon voting Yes.
The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING
RESOLUTION NO. 2005-24 ADOPTED ON JUNE 14, 2005, IN CONNECTION WITH THE
ISSUANCE OF THE VILLAGE OF KEY BISCAYNE TRANSPORTATION TAX
REVENUE BONDS, SERIES 2005; APPROVING AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE AND DELIVER THE AMENDMENT TO BONDS;
APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN
OTHER DOCUMENTS REQUIRED IN CONNECTION WITH THE FOREGOING; AND
PROVIDING AN EFFECTIVE DATE.
Finance Director White addressed the Council regarding this resolution explaining that due to an
error of SunTrust Bank, principal was not billed on quarterly loan statements. In order to bring these
loans up to date, reamortization is necessary.
Councilmember Davey made a motion to approve the resolution. The motion was seconded by
Councilmember Garcia and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor
Vernon voting Yes.
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10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Councilmember Davey addressed the Council regarding the recently
installed news racks on Crandon Boulevard.
Director of Building, Zoning and Planning Jud Kurlancheek addressed the Council regarding this
issue.
Village Attorney. The Attorney did not submit a report.
Village Clerk. Pursuant to Resolution 2004-3 adopting policies for Public, Education and
Governmental Access Television, the Council needs to authorize any programming which the
Council determines is in the public's interest and/or serves a public purpose.
The Clerk requested that the Honorable Mayor and Members of the Village Council please consider
a motion to allow the broadcasting of the Council Candidates' Forum sponsored by the Islander
News on Channel 77, on Thursday, October 23, 2008.
Councilmember Davey made a motion to allow the broadcasting of the Council Candidates' Forum
sponsored by the Islander News on Channel 77. The motion was seconded by Councilmember
Garcia and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey, Garcia,
Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor Vernon voting Yes.
The Office of the Mayor issued, during the month of June, a proclamation recognizing Homestead
Mayor Roscoe Warren.
Village Manager. The Manager addressed the Council requesting authorization from Council to
renew the Estrada Hinojosa, Inc., Financial Advisory services agreement for an additional one year
term.
Councilmember Davey made a motion to authorize the Village Manager to renew the Estrada
Hinojosa, Inc., Financial Advisory Services agreement for an additional one year term commencing
on June 5, 2008, upon the same terms and provisions. The motion was seconded by Councilmember
Weinman and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey,
Garcia, Liedman, Weinman, Thornton, Vice Mayor Mendia and Mayor Vernon voting Yes.
At this time, the Mayor and Council, recognized Clerk Alvarez for her 15 years of service to the
Village of Key Biscayne.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
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12. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
13. ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
Resp ' lly submitte :
az/Ns'
Conchita H. Alvarez, CMC
Village Clerk
Approved this 24th day of June , 2008:
Robert L. Vernon
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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