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Home My Public Portal About10-05-99 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