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HomeMy Public PortalAbout09-30-97 Special Council Meeting (Second Budget Hearing).tifMINUTES SPECIAL VILLAGE COUNCIL MEETING (BUDGET HEARING) VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, SEPTEMBER 30, 1997 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 Martha Broucek, Mortimer Fried, Gregory Han, Hugh O'Reilly, Betty Sime, Vice Mayor Michele Padovan 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 The minutes of the Special Council Meeting of September 23, 1997 were approved by unanimous consent 4 AGENDA The Clerk requested the substitution of the Resolution and the Ordinance included in the Agenda package by the ones on the table due to some minor changes There were no objections to the Agenda changes At this point Councilmember Han requested moving the meeting of October 14 to October 21, 1997 There was no objection to this request 5 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the pubhc hearing Nancy Doke Harrison, 200 W Mashta Drive, Pat Weinman, 940 Mariner Drive, Conchita Suarez, 201 Crandon Boulevard, Haydee Archibald, 881 Ocean Drive, Sam Davitian, 720 Myrtlewood Lane, Sandra Goldstein, 611 Ocean Drive, Ed Meyer, 100 Sunrise Drive addressed the Council The Mayor closed the public hearing 1 of Councilmember Fried made a motion to maintain the millage rate at 3 606 The motion was seconded by Councilmember Sime There was extensive discussion from Council on this issue Councilmember Fried called the question The motion failed by a 4-3 voice vote (2/3 votes required) The vote was as follows Councilmembers Broucek, Fried, Han and Sime voting Yes Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No At this point Councilmember O'Reilly requested a ruling from the Mayor on the following whenever a simple majority vote is called for by the Charter, every step towards the expenditure of that money requires the same vote The Attorney addressed the Council and stated that a simple majonty vote would not be required to place the Grant line item into the budget the reason being that the budget appropnate funds it does not mandate that they be expended The Mayor ruled that it does not require the rule of seven (7) Councilmember O'Reilly made a motion appealing the rule of the Chair Vice Mayor Padovan seconded the motion and it failed by a 2-5 voice vote The vote was as follows Councilmember O'Reilly and Vice Mayor Padovan voting Yes Councilmembers Broucek, Fried, Han, Sime and Mayor Festa voting No Councilmember Sime called the question The motion failed by a 4-3 voice vote (2/3 votes required) The vote was as follows Councilmembers Broucek, Fried, Han and Sime voting Yes Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No The resolution was approved by a 4-3 roll call vote The vote was as follows Councilmembers Broucek, Fried, Han and Sime voting Yes Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting No 6 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A FINAL GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1,1997 THROUGH SEPTEMBER 30,1998 IN THE AMOUNT OF $10,981,152 00 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember Han made a motion to adopt the ordinance The motion was seconded by Councilmember Sime 2 of 4 Mayor Festa made a motion to increase the revenue of the Ad Valorem taxes to reflect an increase of $76,101 The motion was seconded by Councilmember O'Reilly and it failed by a 3-4 roll call vote The vote was as follows Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Broucek, Fried, Han and Sime voting No Councilmember Fried made an amending motion to add the following section to the Ordinance Section 4 That this Ordinance*shall be effective immediately upon adoption on second reading The motion was seconded by Mayor Festa and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Fned, Han, Sime, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No Vice Mayor Padovan made a motion to increase the General Fund Revenues by $90,500, $2,000 in the Franchise Fees, $86,000 in the Utility Taxes and $2,500 in the State Shared Revenue The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote The vote was as follows Councilmember O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Broucek, Fried, Han and Sime voting No There was extensive discussion from Council on this issue The Manager and the Director of Finance addressed the Council stating that some of the estimated revenues (Franchise Fees) may come in short Mayor Festa made a motion to adopt the budget as presented by the Manager The motion was seconded by Councilmember Sime Councilmember Broucek made a motion to call a five (5) minute recess The motion died for lack of a second Councilmember Han called the question and it failed by a 3-4 voice vote (2/3 votes required) The vote was as follows Councilmember Fried, Han and Mayor Festa voting Yes Councilmembers Broucek, O'Reilly, Sime and Vice Mayor Padovan voting No The Festa motion was approved by a 4-3 roll call vote The vote was as follows Councilmembers Fried, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmembers Broucek, Han and Sime voting No 7 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 8 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 9 ADJOURNMENT The meeting adjourned at 9 00 p m 3 of Respectfully submitted 1: /e.e one ita H Alvarez, Village Clerk Approved this 21st day of October, 1997 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 4 of 4