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Home My Public Portal About11-09-99 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 9, 1999 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 pm Present were Councilmembers Scott Bass, Martha F Broucek, Alan H Fein, Mortimer Fned, Robert Oldakowski, Vice Mayor Gregory C Han 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 Attorney Weiss gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS The Mayor, on behalf of the Village Council, presented Resolution 99-82 to Dr Rolando DeLeon in memory of his mother, Jacqueline V DeLeon The Mayor, on behalf of the Village Council, presented a check to the following 1999 participants of the Employee Training and Development Program Police Officer Idalberto Torres and Firefighter/Paramedic Marco Delgado 5 PUBLIC COMMENTS The following residents addressed the Council Jim Peters, 561 Allendale Road, Will Earle, 375 West Enid and John Festa, 695 Harbor Lane 1 of 7 November 9, 1999 6 AGENDA The Manager requested to remove Items 8A1, 9D and 9E from the Agenda, Councilmember Oldakowski requested the removal of Item 7E from the consent agenda and Councilmember Fried requested the removal of Item 7D 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 October 26, 1999 Zoning Meeting A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PURCHASE TWO FOUR WHEEL DRIVE FORD EXPLORERS FOR THE POLICE DEPARTMENT FROM THE FLORIDA SHERIFFS BID # 99-07-0913, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING SPECIFIED PERSONS TO ACCESS A SAFE DEPOSIT BOX, PROVIDING FOR AN EFFECTIVE DATE 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 291 "SPECIAL ASSESSMENTS FOR ROADS, WATER, STREET LIGHTING, SANITARY SEWER, AND OTHER PUBLIC IMPROVEMENTS" BY CREATING SECTION 291-30 "ALTERNATIVE SPECIAL ASSESSMENT LIEN PROVISIONS" TO ENABLE ALTERNATIVE SPECIAL ASSESSMENT LIEN PROVISIONS TO BE PROVIDED BY RESOLUTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR EFFECTIVE DATE Councilmember Broucek made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fried The Mayor opened the public hearing John Festa, 695 Harbor Lane, Isabel Gambino, 676 Ridgewood Road addressed the Council The Mayor closed the public hearing The ordinance was adopted on first reading 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 2of7 November 9 1999 The Clerk announced the second reading of this ordinance for December 7, 1999 The Clerk read the following ordinance, on second 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, 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 Vice Mayor Han made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Fried Mr Samir Elmir, Department of Health, Miami -Dade County Health Department, Mr Morton R Laitner, Chief Legal Counsel, Florida Department of Health, Miami -Dade County Health Department and Mr Kenneth B Metcalf, Community Program Administrator, State of Florida Department of Community Affairs addressed the Council regarding the sanitary sewers The following residents addressed the state officials Will Earl, 375 West Enid, Alvin Rose, 390 Caribbean Road, John Festa, 695 Harbor Lane, Conchita Suarez, 201 Crandon Boulevard The Mayor opened the public hearing John Festa, 695 Harbor Lane, Conchita Suarez, 201 Crandon Boulevard, Haydee Archibald, 881 Ocean Drive, Michael Kahn, 881 Ocean Drive, Betty Sime, 240 Harbor Drive, Isabel Gambino, 676 Ridgewood Road, Camille Guething, 260 Seaview Drive, Ileana Tijenno, 573 Satinwood addressed the Council The Mayor closed the public hearing The ordinance was adopted on second reading by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass voting No 9 RESOLUTIONS The 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 3of7 November 9 1999 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 Fried The Attorney and the Village Manager addressed the Council regarding this resolution The following residents addressed the Council Mary Willis, 210 Seaview Drive, Camille Guething, 260 Seaview Drive, Cliff Brody, 180 Harbor Dnve, Haydee Archibald, 881 Ocean Drive, Michelle Barnett, 355 West Wood Drive, Larry Radzville, 77 Crandon Boulevard, Ray Sullivan, 625 Harbor Circle, Alvin Rose, 390 Caribbean Road, Raul Alvarez, 710 Ridgewood Road, Isabel Gambino, 676 Ridgewood Road, Ward Rathbone, 275 West Mashta Drive, Jaime Gutierrez, 760 Myrtlewood Drive, John Festa, 695 Harbor Lane, Betty Sime, 240 Harbor Drive, Paul Auchter, 1111 Crandon Boulevard, Meg Holderman, 228 West Wood Drive, Michael Kahn, 881 Ocean Drive There was extensive discussion from Council regarding this resolution Councilmember Fein made an amending motion to eliminate all reference to special assessments The motion was seconded by Councilmember Bass Councilmember Fein withdrew his motion Vice Mayor Han made an amending motion to eliminate paragraphs 7, 8, 9 and 10 of the resolution The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The resolution as amended 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 4of7 November 9, 1999 Councilmembers Bass and Fein voting No Pursuant to Section 2 02 of the Village Charter, an election was held for the Vice Mayor's seat Vice Mayor Han nominated Councilmember Broucek Councilmember Bass nominated Councilmember Fned Councilmember Bass made a motion to close the nominations The motion was seconded by Vice Mayor Han and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The motion to nominate Councilmember Broucek to serve as Vice Mayor failed by a 3-4 voice vote The vote was as follows Councilmember Broucek, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Bass, Fein, Fned and Oldakowski voting No The motion to nominate Councilmember Fned to serve as Vice Mayor was approved by a 4-3 voice vote The vote was as follows Councilmembers Bass, Fein, Fned and Councilmember Oldakowski voting Yes Councilmember Broucek, Vice Mayor Han and Mayor Rasco voting No Vice Mayor Han made a motion to reconsider the nomination for Vice Mayor The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski and Vice Mayor Han voting Yes Councilmember Broucek and Mayor Rasco voting No Vice Mayor Han nominated Councilmember Broucek Councilmember Fned nominated Councilmember Oldakowski Vice Mayor Han made a motion to close the nominations The motion was seconded by Councilmember Bass and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes The motion to nominate Councilmember Broucek to serve as Vice Mayor was approved by a 4-3 voice vote The vote was as follows Councilmembers Bass, Broucek, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Fein, Fried and Councilmember Oldakowski voting No 5of7 November 9, 1999 The motion to nominate Councilmember Oldakowski to serve as Vice Mayor failed by a 3-4 voice vote The vote was as follows Councilmembers Fein, Fried and Councilmember Oldakowski voting Yes Councilmembers Bass, Broucek, Vice Mayor Han and Mayor Rasco voting No Vice Mayor Broucek made a motion to extend the meeting until 11 15 p m The motion was seconded by Councilmember Oldakowski and approved by a 6-1 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FIRM OF MOYER & ASSOCIATES/SEVERN TRENT ENVIRONMENTAL SERVICES FOR FINANCIAL SERVICES, PROVIDING FOR AN EFFECTIVE DATE Councilmember Han made a motion to approve the resolution The motion was seconded by Councilmember Oldakowski Jim Ward, Vice President of Moyer & Associates addressed the Council regarding this resolution The Manager addressed the Council regarding this resolution The resolution was approved by a 6-1 voice vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Han voting No 10 REPORTS AND RECOMMENDATIONS The following items were discussed Village Attorney Elaine Cohen, Weiss Serota Helfman Pastonza & Guedes addressed the Council regarding the site at 560 Crandon Boulevard stating that the seller did not show up at the closing It was the consensus of Council to discuss this item again at the continuation of this meeting on November 16, 1999 6of7 November 9 1999 Village Clerk The Clerk submitted to the Council a copy of the following proclamations issued by the Office of the Mayor during the month of November recognizing the month of November as National Epilepsy Awareness Month, recognizing AYUDA, Inc , recognizing the Spanish American League Against Discrimination on their 25th anniversary, recognizing November 21 to 28, 1999 as Bible Week and recognizing November 16, 1999 as Turn on the Lights 2000 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 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 11 15 p m Conchita H Alvarez, CMC Village Clerk Approved this l& day of December , l 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 7of 7