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HomeMy Public PortalAbout01-29-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING (CONTINUATION MEETING OF JANUARY 27, 1998) THURSDAY, JANUARY 29, 1998 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 6 00 p m Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney David Wolpin 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES No minutes were submitted for Council's consideration 4 AGENDA There were no changes made to the agenda 5 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Councilmember Sime made a motion to reconsider the West Mashta beautification project and place it on the agenda at the earliest possible date The motion was seconded by Councilmember Han and failed by a 3-4 voice vote The vote was as follows Councilmembers Broucek, Han and Sime voting Yes Councilmembers O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting No Councilmember Padovan made a motion to have a brief discussion regarding the Twelve Month Revenue Report The motion was seconded by Mayor Festa and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly made an amending motion to have the discussion for no more than 15 minutes The motion was seconded by Councilmember Fned and approved by a 7-0 voice vote The 1 of January 29 1998 vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan shared with the Council the fact that the Village had had a good end of the 1997 fiscal year and that the 1998 fiscal year has had a good beginning Village Manager Ramon Castella, Vice President of the Design Built Team, Javier Saiman, Vice President of Architecture, addressed the Council regarding the 30% completion of the construction plans for the West Mashta Bridge Village Planner, Raul Lastra, addressed the Council regarding the bridge There was extensive discussion from Council regarding this issue Mayor Festa made a motion to go on to the 60% completion of the construction plans for the West Mashta Bndge The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Manager presented to the Council proposed Sanitary Sewer information material for referendum Mayor Festa proposed to add the following changes to the last paragraph of the letter dated January 29, 1998 "Please keep in mind the above explanation is based on estimated costs and the most accurate information which is available at this time The cost estimate is subject to change upon receipt of the bids and completion of the project If the project cost as bid exceeds the estimate by more than 10% the Council will not proceed with the project unless another voter referendum then approves it One time eel charges of approximately $4,000 to -$5,009 must be paid at the time of connection to the system An annual county sewer use charge based on water consumption of about $600 annually is required after connection There will be -an annual county charge for water wastebsposal based,onwater usage For example, if your usage or quarterly bill is $75 per month you can expect an additional charge of $135 per quarter or $540 annually The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Chris Johannsen, 212 W Mashta Drive, Nancy Doke Harrison, 200 W Mashta Drive addressed the Council Mayor Festa made a motion to add the following amendments to the fact sheet Section I A A Master Plan Requirement, 1 Sanitary Sewer Master Plan must be completed by 1998 Complctcd , 2 of January 29 1998 2 Salutary sewer must be serviee available by 2006 Section VI An annual county sewer use charge based on water consumption of about $600 annually is required after connection There will be an annual county charge for water waste disposal based on water usage For example, if your usage or quarterly bill is $75 per month you can expect an additional charge of $135 per quarter or $540 annually The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a motion to add the date of the workshop to the letter The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime made a motion to make the following amendments to the first paragraph of the Question and Answer newsletter The Village of Key Biscayne is considering a project to expand its sanitary sewer system to serve the properties within the Village, which are now served by the system These properties still depend on septic tanks for the disposal of sanitary waste A referendum on whether this project should or should not proceed as now conceived will be held on and ballots will be mailed on or before February 10, 1998 and must be returned on or February 24, 1998 to the Village Clerk This letter, presented to you in the form of questions and answers, is you to provide to you information on the project in preparation for the public meeting to be held February 3 5th at 7 00 p m Councilmember Broucek seconded the motion and it was approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Wendy Johannsen, 212 West Mashta Drive addressed the Council Councilmember Padovan made a motion to amend "Question No 3 If the referendum does not pass, the project would have to be reconsidered not take place It maybe ci It should also be borne in mind that, even if the referendum fails to pass, the possibility of having to construct the sewer system would still exist, as future State or Federal laws may ultimately mandate this improvement Today this is a matter of local discretion and add the Village Clerk's phone number at the end of the paragraph The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Nancy Doke Harrison, 200 West Mashta Drive addressed the Council Mayor Festa made a motion to amend Question No 4 Section 3 by adding A municipal sanitary sewer system may enhance the value of your property and provide you with more flexibility to build 3 of January 29 1998 onypur property Without the sanitary sewer system, new home sizes may have to be reduced due to\large drain -field installation (In 1986 the drain -field area requirements for a typical four bedroom dwelling was 125 S F in 1995 it was 1,142 S F) The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a motion to amend Section 4 The financial impact of the system on the residents is relatively short tcrm It is likely to represent an investment that will be returned in the form of increased property values, particularly if major improvements are contemplated It may also be viewed as a form of insurance against septic tank and drain field failure, which could render a property unsaleable The motion was seconded by Councilmember O'Reilly approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a recommendation to delete under Section 5 The changes continually tighten the regulatory environment and the regulations are becoming more a ore restnctive, resulting in a higher cost of compliance There were no objections to the changes Councilmember Han made a recommendation to add the following under Question No 5 Section 3 The property is sold or a change in ownership occurs, refinancing does not constitute a sale There was no objection to the change Mayor Festa made a recommendation that the last paragraph under Question No 6 be consistent with the rest of the newsletter It was the consensus from Council to change under Question No 7 the following delete State and add Village and "the lien in no way affects your ability to sell, transfer or refinance your property" Councilmember O'Reilly made the following recommendation to ammend Question No 8 Section 1 Delete the second paragraph and add the following "The life of a septic tank system is extremely difficultto establish Certain disastrous and irreparable failuresthave already occurred " There were no objections to the changes Councilmember O'Reilly made a motion to adopt all amendments made at this meeting The motion was seconded by Mayor Festa and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime made a request that the experts on this subject matter that were present at the Sanitary Sewer public hearing be invited to attend the Sanitary Sewer Workshop to be held on February 5, 1998 Andrew Pierce from C A P Engineering addressed the Council and said he would 4 of January 29 1998 contact these people and will invite them to the meeting It was the consensus of Council that a mailing of questions and answers and a fact sheet will go out to all affected property owners on January 30, 1998 Councilmember Han made a motion to mail the ballots regarding the sanitary sewer by first class mail The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Conchita Suarez, 201 Crandon Boulevard and Wendy Johannsen, 212 West Mashta Drive addressed the Council 6 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 7 ADJOURNMENT The meeting adjourned at 7 50 p m Respectfully submitted Conchita H Alvarez, Village Clerk Approved this 24th day of February ,1998 n F Festa ayor 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 5 of