HomeMy Public PortalAbout10-05-99 Special Council Meeting.tifMINUTES
SPECIAL VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 5, 1999
(IMMEDIATELY FOLLOWING SANITARY SEWER WORKSHOP)
1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by
the Mayor at 10 30p m Present were Councilmembers Scott Bass, Martha F Broucek, Alan H
Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco
Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Pamela J Rome and
Village Attorney Richard J Weiss
At this time, the Mayor requested to hear Item 4A There was no objection to the request
The Deputy Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, DECLARING THE NECESSITY TO MAKE CERTAIN SANITARY SEWER
IMPROVEMENTS AUTHORIZED BY CHAPTER 291 OF THE VILLAGE CODE,
DECLARING THE COUNCIL'S INTENT TO IMPOSE SPECIAL ASSESSMENTS TO
COVER THE COST OF THE IMPROVEMENTS, INDICATING THE NATURE,
LOCATION, AND ESTIMATED COSTS OF THE IMPROVEMENTS, PROVIDING THAT
A CERTAIN PORTION OF THE EXPENSE OF THE COSTS OF THE IMPROVEMENTS
SHALL BE PAID BY SPECIAL ASSESSMENTS, PROVIDING THE MANNER IN WHICH
THE SPECIAL ASSESSMENTS SHALL BE MADE, PROVIDING WHEN THE SPECIAL
ASSESSMENTS SHALL BE PAID, DESIGNATING THE PARCELS OF LAND UPON
WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED, PROVIDING FOR AN
ASSESSMENT PLAT, AUTHORIZING THE PREPARATION OF A PRELIMINARY
ASSESSMENT ROLL FOR THE AREA TO BE SERVED BY THE IMPROVEMENTS,
PROVIDING FOR PUBLICATION OF THIS RESOLUTION, PROVIDING FOR
SEVERABILITY, PROVIDING EFFECTIVE DATE
Vice Mayor Han made a motion to approve the resolution The motion was seconded by
Councilmember Broucek
1 of
October 5 1999
The Attorney addressed the Council regarding this resolution and recommended that Council make
the revisions they deem necessary at this meeting and revisit the amended resolution at a future
meting
Vice Mayor Han made a amending motion to change the resolution to read that the Village would
pay 50% of the costs of the special assessments instead of 5% Councilmember Broucek seconded
the motion and it was approved by a 5-2 roll call vote The vote was as follows Councilmembers
Broucek, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Bass
and Fein voting No
Vice Mayor Han made a motion to table the resolution The motion was seconded by
Councilmember Oldakowski and approved by a 6-1 voice vote The vote was as follows
Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes
Councilmember Bass voting No
The Manager addressed the Council regarding this resolution
Vice Mayor Han made an amending motion that for those properties for which special assessments
are being paid in installments, no special assessment liens for the improvements shall be placed on
the property for which such installments are being paid, unless an installment payment is delinquent
The motion was seconded by Councilmember Bass and approved by a 6-1 roll call vote The vote
was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor
Rasco voting Yes Councilmember Bass voting No
Councilmember Fried made an amendment to the amending motion that in the event an installment
payment is delinquent, a lien for the total assessment shall be imposed The motion was seconded
by Vice Mayor Han and approved by a 5-2 roll call vote The vote was as follows Councilmembers
Broucek, Fein, Fried, Oldakowski and Mayor Rasco voted Yes Councilmember Bass and Vice
Mayor Han voted No
At this time, Councilmember Fried made a motion to continue the meeting to 11 15 p m The
motion was seconded by Councilmember Broucek and was approved by a 6-1 voice vote The vote
was as follows Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor
Rasco voting Yes Councilmember Bass voting No
2 ORDINANCES The Deputy Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING
THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION
SYSTEM, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM,
2 of 3
October 5 1999
MAKING FINDINGS, AUTHORIZING THE CONSTRUCTION LOAN APPLICATION,
AUTHORIZING THE LOAN AGREEMENT, ESTABLISHING PLEDGED REVENUES,
DESIGNATING AUTHORIZED REPRESENTATIVES, PROVIDING ASSURANCE,
PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE
Councilmemer Fried made a motion to adopt the ordinance on first reading The motion was
seconded by Vice Mayor Han
The Mayor opened the public hearing John Festa, 695 Harbor Lane, Sam Davitian, 720
Myrtlewood Lane, Kim Newlin, 755 Allendale Road, Camille Guething, 260 Seaview Drive,
Haydee Archibald 881 Ocean Drive, Alvin Rose, 390 Caribbean Road, Jackie Rose, 390
Caribbean Road, Michael Bracken, 224 West Mashta Drive addressed the Council The
Mayor closed the public hearing
The ordinance on first reading was approved by a 6-1 roll call vote The vote was as follows
Councilmembers Broucek, Fein, Fried, Oldakowski, Vice Mayor Han, Mayor Rasco voting Yes
Councilmember Bass voting No
3 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
4 ADJOURNMENT The meeting was adjourned at 11 30 p m
Respectfully submitted
-1 *' t a)/01 _
Pamela J Romp, eputy Village Clerk
Appyri thzsth day of October 99
Joe I Rasco
Mayor
Plo
1
f
v
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
3 of 3