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Home My Public Portal About05-08-01 Sanitary Sewer Improvement Project.tifMINUTES VILLAGE COUNCIL MEETING AND SANITARY SEWER IMPROVEMENT PROJECT PUBLIC HEARING TUESDAY, MAY 8, 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 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 Scott Bass, Martha F. Broucek, Alan H. Fein, Robert Oldakowski, James L. Peters, Vice Mayor Mortimer Fried and Mayor Joe I. Rasco. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorney Richard Jay Weiss. 2. INVOCATION: Reverend Jose Luis Hernando, Saint Agnes Catholic Church, gave an invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 4. SPECIAL PRESENTATIONS: Mayor Rasco, on behalf of the Village Council, presented a proclamation to the Key Biscayne Athletic Club Soccer Team Under Eight Year Old Division. Dr. Steve Simon, President of the Athletic Club and Hugo Munoz, Team Coach, addressed the Council. Mayor Rasco, on behalf of the Village Council, also presented a proclamation to the American Legion Auxiliary proclaiming the week of May 21-28, 2001 as Poppy Week in Key Biscayne. 1 of 8 May 8, 2001 Mayor Rasco requested a moment of silence in honor of Mr. William Croysdale, one of the leaders in the incorporation process, who recently passed away. 5. PUBLIC COMMENTS: The following residents addressed the Council: Miguel A. Martin, 315 West McIntyre Street; Linda Davitian, 720 Myrtlewood Lane; John Festa, 695 Harbor Lane and Isabel Gambino, 676 Ridgewood Road. Mayor Rasco addressed the Council and the public regarding the proposed sanitary sewer improvement project and the possibility of funding certain community improvements for the Village of Key Biscayne from proceeds from the Rickenbacker toll revenue. Mr. Richard Pinsky, Pinsky Mitchell Partners, the Village's Inter -Governmental representative addressed the Council regarding this issue. 6. AGENDA: Mayor Rasco requested that Items 9A, 9B, 10A1 and 10B1 be heard in the following order: Items 9A, 10B, 10A and 9B and Councilmember Oldakowski requested to remove Item 7C from the consent agenda. There was no objection to the agenda changes. 7. CONSENT AGENDA: The following consent agenda was approved by unanimous consent: The minutes of the April 24, 2001 Zoning Meeting. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 13 THROUGH MAY 19, 2001 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH FIREPOWER DISPLAYS UNLIMITED, INCORPORATED, PRINCETON, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. ITEM REMOVED FROM THE CONSENT AGENDA: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; CHANGING THE DATE FOR THE COUNCIL MEETING OF JUNE 26, 2001 TO JULY 10, 2001 DUE TO PROPERTY APPRAISER OF MIAMI-DADE COUNTY, FLORIDA, CERTIFYING THE VILLAGE'S 2001 TAXABLE VALUE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Oldakowski made a motion to approve the resolution. The motion was seconded by Vice Mayor Fried and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 2 of 8 May 8, 2001 8. ORDINANCES: There were no ordinances, on first reading, considered by Council. The Clerk read the following ordinance, on second reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 2000-2001 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to adopt the ordinance on second reading. The motion was seconded by Councilmember Broucek. 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 Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco 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; POSTPONING SANITARY SEWER IMPROVEMENT PROJECT UNTIL OCTOBER 1, 2003; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Bass. Councilmember Peters made an amending motion to add the following whereas clauses before the last one on the resolution: "WHEREAS, the replacement of the asbestos concrete drinking water pipe is not included in THE PROJECT; and WHEREAS, Miami -Dade Water and Sewer Department has not made a formal and binding commitment to financially assist THE PROJECT; and WHEREAS, the Village of Key Biscayne notice to property owner does not inform the owner of his financial responsibility of additional charges, fees, property alteration, hookup fees, and property LIENS; and WHEREAS, THE PROJECT does not include replacement of asbestos concrete drinking water pipes in the now sewered area; and". The motion was seconded by Councilmember Bass. 3of8 May 8, 2001 Councilmember Bass made an amending motion to delete the third whereas clause proposed by Councilmember Peters. The motion was seconded by Councilmember Fein and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Peters voting No. There was extensive discussion from Council regarding this issue. The amending motion to add the three whereas clauses to the resolution was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Bass, Fein, Oldakowski and Peters voting Yes. Councilmember Broucek, Vice Mayor Fried and Mayor Rasco voting No. The Attorney addressed the Council regarding this resolution. Councilmember Bass made a motion to table this resolution after the sanitary sewer improvement project public hearing. The motion was seconded by Councilmember Peters and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Vice Mayor Fried voting Yes. Mayor Rasco voting No. 10. PUBLIC HEARINGS: The Council held a public hearing regarding a proposed name change for East Drive. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RENAMING EAST DRIVE TO SONESTA DRIVE; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The resolution was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass was out of the chamber at the time the vote was taken. 4of8 May 8, 2001 The Council held a public hearing regarding the proposed Sanitary Sewer improvement project: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SANITARY SEWER IMPROVEMENT PROJECT (THE "PROJECT"); ADJUSTING, APPROVING AND CONFIRMING IMPOSITION OF SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO PAY A PORTION OF THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING FOR EFFECTIVE DATE. Vice Mayor Fried made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. The Manager addressed the Council regarding the proposed sanitary sewer improvement project. The Mayor opened the public hearing. Jay Swindell, 774 Fernwood Road; John Festa, 695 Harbor Lane; Raul Alvarez, 710 Ridgewood Road; Jim Taintor, 355 Harbor Drive; Adriana Guillen, 573 Satinwood Drive; Ed Sawyer, 301 West McIntyre; Wendy Johannsen, 212 West Mashta Drive; Michelle Barnett, 355 Westwood Drive; Camille Guething, 260 Seaview Drive; Christian Johannsen, 212 West Mashta Drive; Conchita Suarez, 201 Crandon Boulevard; Linda Davitian, 720 Myrtlewood Lane and Nancy Doke Harrison, 669 South Mastha Drive addressed the Council. The Mayor closed the public hearing. There was extensive discussion from Council regarding this project. The resolution was approved by a 4-3 roll call vote. The vote was as follows: Councilmembers Broucek, Oldakowski, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmembers Bass, Fein and Peters voting No. Councilmember Bass wihdrew Item 9A. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE CONSTRUCTION OF THE FIRE STATION AND ADMINISTRATION/POLICE BUILDINGS; PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE 5 of 8 May 8, 2001 OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE FIRE STATION AND THE ADMINISTRATION/POLICE BUILDING; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bass made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski and approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. Councilmember Oldakowski made a motion to re -institute the Village of Key Biscayne Newsletter, and explore other means of improving communication between Village Government and the residents and taxpayers of Key Biscayne. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Councilmember Bass addressed the Council regarding the creation of a Youth Council stating that he will provide the Council with more information in order to institute this Council in the Village of Key Biscayne. Councilmember Bass also addressed the Council and the public regarding "do it yourself pooper scooper bags" from Dispoz-a-Scoop. It was the consensus of Council to direct the Manager to purchase these bags and make them available to the public. At this time Mayor Rasco introduced the following resolution dealing with previous Council discussion relating to the Rickenbacker toll revenues. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO REQUEST CERTAIN COMMUNITY IMPROVEMENTS FOR THE VILLAGE OF KEY BISCAYNE TO BE FINANCED FROM PROCEEDS FROM THE RICKENBACKER TOLL REVENUE, DIRECTING THE VILLAGE MANAGER TO CONTINUE DISCUSSIONS WITH COUNTY OFFICIALS TO MEET WITH THE NEEDS OF THE RESIDENTS OF KEY BISCAYNE, PROVIDING FOR AN EFFECTIVE DATE. Mayor Rasco made a motion to approve the resolution. The motion was seconded by Councilmember Oldakowski. 6 of 8 May 8, 2001 The Manager addressed the Council stating that beach projects are not covered in this Bill, therefore, any mention to beach projects must be deleted from the resolution. The Attorney addressed the Council regarding this resolution. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters, Vice Mayor Fried and Mayor Rasco voting Yes. Village Attorney. The Village Attorney did not submit a report. Village Clerk. The Clerk presented to the Mayor and Council the following proclamations issued by the Office of the Mayor during the month of May: recognizing the Miami Chapter of the Society of Financial Service Professionals for its 50 years of dedicated service and proclaiming the month of May 2001 as "Civility Month". Village Manager. The Manager addressed the Council regarding the status of the beach renourishment project. Mr. Cameron Perry, Coastal Systems International, engineers for the project and Mr. Bill Maugn, Ryan Incorporated Eastern, contractors for the project, addressed the Council stating that the project has been delayed due in part to the weather conditions. The beach renourishment project is scheduled to start on May 23, 2001. The Manager presented to the Council a progress report for the Civic Center. Councilmember Broucek made a motion to extend the meeting until 11:15 p.m. The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Peters voting Yes. Vice Mayor Fried and Mayor Rasco voting No. Councilmember Peters addressed the Council and the public regarding the Government Center Building locations, discussing new sites and proposed to instruct the Village Manager to contact the owner of the Hyde Park site in order to enter into negotiations to purchase this property by the Village of Key Biscayne. There was no consensus of Council regarding the purchase of this property. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 7of8 May 8, 2001 14. ADJOURNMENT: The meeting was adjourned at 11:15 p.m. Re a •' fully subm 'ted: hita H. Alvarez, CMC Village Clerk Joe I. Rasco Mayor IF A 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. 8of8