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HomeMy Public PortalAbout01-27-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JANUARY 27, 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 7 00 p m Present were Councilmembers Martha Broucek, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Councilmember Gregory Han was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Stephen Helfmann and 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 November 18, 1997 and the Minutes of the Council Meeting of January 13, 1998 were approved by unanimous consent 4 AGENDA The Clerk requested the substitution of Item 7A1 in the agenda with a revised copy due to a scnbners error Councilmember Padovan requested the deferral of Items 9A4 and 9A5 to the Town Meeting of January 29, 1998, the Manager requested the addition of a discussion regarding Sanitary Sewer Information Matenal for Referendum as Item 7A There were no objections to the agenda changes 5 SPECIAL PRESENTATIONS There were no special presentations Mayor Festa made a motion to hear Item 7A1 at this time The motion was seconded by Councilmember Sime and approved by a 6-0 roll call vote The vote was as follows Councilmembers Martha Broucek, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa voting Yes The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE 1 of 14 January 27 1998 "VILLAGE"), AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE "DESCRIPTION"), BY REVISING "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS, AMENDING "COMMERCIAL" DESCRIPTION TO ENABLE RESIDENTIAL USE TO BE PROVIDED WITH COMMERCIAL USE, SUBJECT TO DENSITY RESTRICTIONS, CREATING A DESCRIPTION FOR "PARK SIDE TRANSITIONAL RESIDENTIAL" TO FACILITATE TRANSITION FROM CERTAIN COMMERCIAL, OFFICE AND OTHER USES TO RESIDENTIAL USE, REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING CRANDON BOULEVARD WHICH ARE ENVISIONED TO BE SUBJECT TO THE PARK SIDE TRANSITIONAL RESIDENTIAL DESCRIPTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to defer the public hearing to the Council Meeting of February 10, 1998 The motion was seconded by Councilmember Sime and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes 6 BUILDING, PLANNING AND ZONING All witness giving testimony in the following zoning hearings were sworn in by the Clerk Hearing Number 98 -0127 -VC -04 Joseph Goldstein, Attorney, 221 Bnckell Avenue addressed the Council requesting deferral of this hearing to the Special Council Meeting of February 24, 1998 Vice Mayor Fried made a motion to defer this hearing to the meeting of February 24, 1998 The motion was seconded by Councilmember Sime and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes Heanng Number 98 -0127 -VC -01 Juan and Alicia Santaella, 50 Cape Flonda Drive, the applicant are requesting pursuant to Section 30-63 (C 2) of the Key Biscayne Code, a non-use variance of five- foot -distance requirement for a dock to extend into a canal to allow a proposed new dock to extend ten feet (10') into the Pines Canal for the subject residence John Little, Director of Building, Zoning and Planning addressed the Council stating his recommendation of approval subject to the following conditions 1 ) That the applicants provide a letter of no objections from all the owners of all adjacent lots to the subject property, 2) The 2of14 January 27 1998 applicants will be required to obtain a permit from the Office of Aids to Navigation of the District 7 of the U S Coast Guards on the navigation and safety issues and 3 ) That the applicants obtain all the applicable/related permits required by DERM for the final approval The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember O'Reilly made a motion to approve the request with staff s recommendation The motion was seconded by Councilmember Padovan Councilmember O'Reilly made an amending motion to delete the requirement of condition #1 from staffs recommendations The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The request as amended was approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes Hearing Number 98 -0127 -VC -02 Shocky and James Pilafian, 180 Crandon Boulevard, the applicants requested pursuant to Section 28-7 (1) of the Key Biscayne Code, an approval of a proposed monument sign read as "Subway, Domino's Pizza, Ad Gustum Market and "El Restaurante" including logos to be placed near the entrance facing Crandon Boulevard, pursuant to Section 28-7 (1) of the Key Biscayne Code, the applicants are applying for a non-use variance of twenty -foot (20') side setback requirement for a monument sign to allow a six- point -five-foot (6 5') side setback from the northerly property line for a proposed monument sign to be placed near the entrance facing Crandon Boulevard Director Little addressed the Council stating his recommendation of approval subject to the following conditions that the lettering be kept with a uniform style, size and color, that the letters be parallel to the base line and that the logos be incorporated with the lettering rather than separate elements The Mayor opened the public hearing James Pilafian, 180 Crandon Boulevard, Gus Suarez, attorney representing Domino's Pizza, 2151 Le Jeune Road, Dawn Harris, from Subway's, Sergio, from Skate Zone, the applicants, Heidi Archibald, 881 Ocean Drive, Conchita Suarez, 201 Crandon Boulevard, Pamela Kirkpatrick, Key Biscayne Chamber of Commerce, Scott Bass, 201 Galen Dnve, Bill Ofghant, 512 Fernwood Road addressed the Council The Mayor closed the public hearing 3 of 14 January 27 1998 Vice Mayor Fried made a motion to approve the request as presented to the Council The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote The vote was as follows The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Hearing Number 98 -0127 -VC -03 Cafe Barcelona II, 971 Crandon Boulevard, Unit Numbers 971 and 973, the applicant requested a modification to conditions within pnor approvals and recorded covenants to allow for a change in the site plan for development of the subject property, as follows from "that said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by Sarille-Rodrigo-Tarafa, joint venture, Architects entitled "Key Biscayne Shops", dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised plans shown in the attached Exhibit "B", prepared by 0 J Jorgensen & Associates entitled "L'Esplanade Mall, 971 Crandon Boulevard, Key Biscayne, Florida" dated March 17, 1995, as per revision 19th day of April 1995 " To "That said property shall be developed strictly in accordance with the schedule of plans shown in the attached Exhibit "A", prepared by Sarille-Rodrigo-Tarafa, joint venture, Architects entitled "Key Biscayne Shops", dated 22nd day of February 1978, as per revisions dated the 17th day of March 1978 and revised plans shown in the attached Exhibit "B", prepared by 0 J Jorgensen & Associates entitled "L'Esplanade Mall, 971 Crandon Boulevard, Key Biscayne, Florida" dated March 17, 1995, as per revision, 19th day of April 1995 and further revised plans shown in the attached Exhibit "C", prepared by David J Cabarrocas Architect entitled "Wood Deck at Barcelona Restaurant" dated 22nd day of October 1997 for a restaurant to build a proposed open terrace facing Crandon Boulevard to provide an outdoor seating and dining area " Director Little addressed the Council stating his recommendation for denial without prejudice of the above request for lack of data The Attorney addressed the Council on this issue The Mayor opened the public hearing Jorge Horta, 600 Bnckell Avenue, representing the applicant, addressed the Council The Mayor closed the public hearing Mayor Festa made a motion to defer the request to the Council Meeting of February 24, 1998 The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote The vote was as follows The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes 4of14 January 27 1998 Hearing Number 98 -0127 -VC -05 Harry and Tamasine Garcia, 665 Allendale Road, the applicants, requested pursuant to Section 33-53 1 of the Key Biscayne Code, a non-use vanance of seven -and -a - half -foot (7 5') interior side setback requirement to allow six -point -three -eight -foot (6 38') interior side setback from the northerly property line to the existing one-story single family residence Director Little addressed the Council stating his recommendation of approval subject to the following condition that the existing fence encroachments be resolved between the applicants and the adjoining neighbors when such issue is raised up The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Mayor Festa made a motion to approve the request with staff's recommendations The motion was seconded by Councilmember Padovan and approved by a 5-0 roll call vote The vote was as follows The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime did not vote due to conflict of interest Hearing Number 98 -0127 -VC -06 Grand Bay Estates Partnership, Sea Grape Circle, the applicants are seeking for the following a tentative plat approval for the westerly portion of Grand Bay Villas as prepared by Fortin, Leavy, Skiles, Inc dated September 30, 1997, modification of the previously approved development tract review for Tract "E" by Resolutions Z-03-95 and Z-18-95 for the second phase of the Grand Bay Villas with amended plans prepared by Robert Wade and Associates, P A dated received December 5, 1997, approval to establish and maintain a temporary sales facility in the second phase area of Grand Bay Villas Director Little addressed the Council stating his recommendation of approval subject to the following conditions that the common open space meet the open space requirements and fall within the allowable minimum and maximum amounts for each category (Dade County Code § 33-284 27), that the project be permitted to compute the overall complex open space as a means of satisfying the individual open space for each of its elements and that before any final plat be approved, the applicants must submit final plans for street lighting and street signage The Mayor opened the public hearing Carter McDowell, 701 Brickell Avenue, representing the applicant, requesting approval for a slight modification to the original plat as submitted, addressed the Council The Mayor closed the public heanng Mayor Festa made a motion to approve the request as recommended by staff and modified by the applicant to include a buffer strip along Crandon Boulevard The motion was seconded by Councilmember Broucek and approved by a 5-0 roll call vote The vote was as follows The vote 5of14 January 27 1998 was as follows Councilmembers Broucek, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan was out of the room at the time the vote was taken 7 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", AT SECTION 17-2 "DEFINITIONS" BY AMENDING THE DEFINITION OF "HOLIDAYS" TO REMOVE THE REFERENCE TO DAYS DECLARED TO BE LEGAL HOLIDAYS BY THE LAWS OF THE STATE OF FLORIDA, SO AS TO REMOVE HOLIDAY NOISE RESTRICTIONS FROM THOSE DAYS WHICH ARE NOT SPECIFICALLY LISTED AS HOLIDAYS IN SECTION 17-2, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Councilmember O'Reilly made a motion to adopt the ordinance The motion was seconded by Councilmember Broucek and approved by a 6-0 roll call vote The vote was as follows The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes 8 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WILLIAMS, HATFIELD & STONER, INC , PROVIDING FOR AN EFFECTIVE DATE (EAST ENID IMPROVEMENTS) The Manager addressed the Council regarding this resolution Vice Mayor Fried made a motion to approve the resolution The motion was seconded by Councilmember O'Reilly There was extensive discussion from Council on this issue 6of14 January 27 1998 Mayor Festa made a motion to table this resolution to the next Council meeting The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote The vote was as follows The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE KEY BISCAYNE WOMAN'S CLUB, PROVIDING FOR AN EFFECTIVE DATE The Manager addressed the Council regarding this resolution Ann Goodman, representing the Key Biscayne Woman's Club, Conchita Suarez, 201 Crandon Boulevard, addressed the Council Vice Mayor Fried made a motion to approve the resolution The motion was seconded by Councilmember Sime Councilmember Sime withdrew her second to the motion Staff was instructed to come back to the next Council meeting with a resolution amending the budget to include $10,000 in the Recreation Department for the Heritage Day celebration The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, OPPOSING HOUSE BILL NO 3291 PRESENTLY IN COMMITTEE IN FLORIDA LEGISLATURE REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES, SAID OPPOSITION BEING MADE TO ANY PROPOSAL TO PLACE UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR- PROFIT TELEPHONE COMPANIES FOR SAID SERVICES AND PERMITTING THEIR BUSINESS TO BE CONDUCTED ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM CITIES Vice Mayor Fried made a motion to approve the resolution The motion was seconded by Councilmember Padovan and approved by a 5-1 voice vote The vote was as follows The vote was as follows Councilmembers Broucek, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes Councilmember O'Reilly voting No 7of14 January 27 1998 9 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers A letter from Joel R Bishop, Exclusive Sports Marketing, dated January 14, 1998 requesting approval for the 1998 Pubhx Family Fitness Weekends and Gatorade Tnathlon Senes which will take place on Friday, Saturday and Sunday, May 1 thru May 3, 1998 on Key Biscayne was discussed by Council, Mayor Festa made a motion to approve the request The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes A request for a donation of a bench and tree for the Village Green in memory of Alessandra Hanabergh, dated January 21, 1998 was presented to the Council Councilmember Broucek made a motion to approve the request The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes Mayor Festa and Councilmember Sime presented to the Council the adopted Village Council Rules and Procedures Mayor Festa proposed that if an item does not receive 4 affirmative votes, any Councilmember who was absent could bring the item back and be reconsidered Councilmember O'Reilly made a motion to adopt Mayor Festa's proposal The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime voting No The Attorney was directed to bring back rules of procedures for ordinances and resolutions in the form of a resolution for Council approval Councilmember Sime made a motion to accept a consent agenda The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes Councilmember Sime addressed the Council regarding the length of meetings and made a motion to limit debate to 5 minutes for each Councilmember two times on a topic The motion was seconded by Councilmember O'Reilly Heidi Archibald, 881 Ocean Drive addressed the Council 8of14 January 27 1998 Vice Mayor Fned made an amending motion to limit debate to 3 minutes The motion was seconded by Councilmember Broucek and failed by a 3-3 voice vote The vote was as follows Councilmembers Broucek, Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No The Sime motion failed by a 3-3 voice vote The vote was as follows Councilmembers Broucek, Sime and Vice Mayor Fried voting Yes Councilmembers O'Reilly, Padovan and Mayor Festa voting No Councilmember Sime made a motion to conduct all business by motion The motion was seconded by Councilmember O'Reilly and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes Mayor Festa voting No Councilmember O'Reilly made a motion that all ordinances and resolutions shall require an elected sponsor The motion was seconded by Councilmember Broucek Mayor Festa made an amending motion that staff can also be the initiator of ordinances and resolutions The motion was seconded by Vice Mayor Fned and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The motion as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Broucek made a motion to discuss the administration of Council meetings Councilmember Padovan seconded the motion Councilmember Sime made an amending motion requesting that a copy of the role of the chair from Robert's Rules of Order be brought back at the next Council meeting The motion was seconded by Councilmember Broucek The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Broucek made a motion to have a special meeting to review Short and Long Term Goals and Objectives The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes 9of14 January 27 1998 Councilmember Sime made a request to have staff inquire as to the cost of having an expert come and make a presentation regarding goals and objectives The request was approved by consensus of the Council Councilmember Sime made a motion to listen to the video conference to be held on January 29, 1998 by Colin Powell regarding America's Promise the Alliance for Youth in order to see how the Village can get involved The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a motion to have a brief discussion of no more than 5 minutes on items 9A8 and 9A11 The motion was seconded by Councilmember Broucek and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Vice Mayor Fried made a motion to have this Council present proclamations to persons who help the Village Councilmember Broucek seconded the motion and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Vice Mayor Fried made a motion requesting the establishment of a committee representing this Village to oppose the new runway at Miami International Airport The motion was seconded by Councilmember Padovan Mayor Festa explained to the Council that there is a task force already in place to deal with this issue The first meeting of the Aircraft Noise Task Force will be tomorrow, January 28, 1998 The Mayor will report any issues to Council at a future Council Meeting Councilmember Padovan withdrew her second to Vice Mayor Fried's motion Councilmember O'Reilly made a motion to hear the item regarding the Village Green restrooms together with the Manager's report The motion was seconded by Councilmember Sime and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly made a motion to authorize the Village Manager to obtain bids for restrooms on the Village Green The motion was seconded by Vice Mayor Fried and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Village Planner, Raul Lastra, addressed the Council regarding this issue 10of14 January 27 1998 Village Attorney The Attorney did not submit a report Village Clerk The Clerk reported that the Mayor had issued a proclamation recognizing Jane Chiroussot-Chambeaux The Clerk submitted a copy of her office's 1997 annual report to the Council The following items were submitted for information letter to Councilmember Padovan from Eddie T Pearson, Deputy Superintendent, Dade County Public Schools, regarding Key Biscayne Elementary School's Technology Program, dated January 12, 1998, Memorandum to Key Officials from Chip Morrison and David Ramba, Florida League of Cities, Inc regarding the Constitution Revision Commission, dated January 20, 1998, Memorandum to Mayor and Members of the Village Council from the Village Clerk regarding the Council Meeting of February 10, 1998, dated January 23, 1998 Village Manager Village Planner Raul Lastra addressed the Council regarding the West Mashta Drive proposed Landscape Plan explaining that this plan is an alternative to the onginal landscaping This plan proposes that three (3) single King Alexander Palms be planted in the center of each circle surrounded by a colorful ground cover and for the median divider, 9 single King Alexander Palms with the same colorful ground cover This plan will cost approximately $7,000 Mayor Festa made a motion to approve the proposed landscaping plan for West Mashta Drive The motion was seconded by Councilmember Sime Councilmember Padovan made an amending motion to plant Lantana as ground cover The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes Councilmember O'Reilly voting No The amending motion was approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No The Manager introduced the engineer from the design built team to make a presentation to Council regarding the 30% completion of the West Mashta Bridge plans Mayor Festa made a motion to defer this item to the next Council meeting due to the fact that the material was not submitted on time to the Council The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime voting No 11 of 14 January 27 1998 Councilmember Sime made a motion to hear this item at 6 30 p m at the Town Meeting Councilmember Broucek seconded the motion and it was approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No Mayor Festa addressed the Council and staff stating that any agenda item that does not have the backup material by Friday should be deleted from the agenda The Manager reported that an additional $5,000 will be needed in order to complete the final report on the Charrette and this report will be brought before Council on Thursday, January 29, 1998 The Manager reported that the 7 2 million bank loan that financed the stormwater construction program on the west side of the island will be due March 31, 1998 The Manager requested for authority to negotiate the extension of the loan for up to an additional year with the right, as we have now, to pay it off at the appropriate time when the financing comes in Mayor Festa made a motion to have the Manager come back at the meeting of February 10, 1998 with information as to the cost of refinancing the loan for one year, the actual costs of the project to date, the hens that have been imposed, how much the Village has in reserve for the stormwater construction project, information regarding the acquisition of the SunTrust property and land and the financing options that will be available to the Village if all this is done in one lump sum The motion was seconded by Councilmember Padovan and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes The Manager requested consensus from Council on a date to interview several lobbyists It was the consensus of Council to defer this item Planner Lastra addressed the Council regarding the planning process for traffic circulation around the school The Planner reported that the Village will hold a meeting next month to present the plan to Miami -Dade County and will follow with a presentation to School Board Representative Manty Sabates Morse The Manager addressed the Council regarding the proposed parking signs for the Key Biscayne Community School There was consensus from Council to defer this item until such time as the planning process and traffic circulation for the school is completed The Mayor made a motion to defer the sanitary sewer information for the referendum to a special meeting on Thursday, February 3, 1998 at 7 00 p m The motion was seconded by Councilmember Padovan The Mayor withdrew his motion 12 of 14 January 27 1998 Councilmember Broucek made a motion to send the letter with the information for the sanitary sewer after the meeting of February 3, 1998 The motion was seconded by Councilmember O'Reilly Councilmember Broucek withdrew her motion Chris Johannsen, 212 West Mashta Drive, Sam Davitian, 720 Myrtlewood Lane, Heidi Archibald, 881 Ocean Drive addressed the Council Mayor Festa made a motion to hold a special meeting on Thursday, January 29 1998 at 6 00 p m The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fned and Mayor Festa voting Yes The following items were submitted to the Council letter to affected property owners between 200 and 310 Harbor Dnve regarding Zoning in Progress Notice, dated January 14, 1998, letter to Village Manager from Andrew Kacer, P E , Senior Project Manager, Williams, Hatfield & Stoner, Inc Regarding the Harbor Drive Traffic Calming Project, dated January 16, 1998, Memorandum from Coastal Systems International, Inc , regarding status of Cape Florida Wetland and Ocean Club fill project, dated January 16, 1998 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 12 ADJOURNMENT The meeting adjourned at 11 00 p m Res efully submitted aa/e‘, Conchita H Alvarez, Village Clerk Approved this 24th day of February ,1998 5. D -,e,/,__ n F Festa ayor f s. 13of14 January 27 1998 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 14 of 14 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS � NAMI i IRS! NAMI MIDI I ��,7�/w / N ME Oy 1 ARD (OUNCII rn" c) --)/ >I11 it � OMMIT1EF / 46E � !7 7150) DRE '1 HF BOAR(yCOUNC,I COMMISSION THORITY OR COMMITS EE ON // „�e" EII�E' .w/H,ICH I SE��RVC IS A UN11 OF �A�//lJJ_�f CIIY 0 COUN1Y 0 0111FR I OCA1 AGENCY NAME 01 1 01 I 1 IC Al SUBDIVISION MY I OSIT ION IS El ECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is foi use by any person serving at the county city or other local level of government on an appointed or elected board council commission authority, or committee It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the Instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357 F S and officers of independent special tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer s father mother son daughter husband wife father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS b} completing ind filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from voting in the situations described above you otherwise may participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or it your direction IF YOU INTEND 1 O MAKE ANY ATTEMPT TO INFI_ UENCE 1 HE DECISION PRIOR TO THE MEETING AT WHICH THE VOEI E WI 1 BE TAKEN • \ ou must complete and file this form (before making any tttempt to influence the decision) with the person responsible for recoidinc, the minutes of the meeting who will incorporate the form in the minutes • A cop of the form must he provided ►mmcdi ttcly to the other members of the i (ncy • 111c form must be rc id publicly it the next meeting, titer the form is filed (1 I OR %1 )Sk 1) 11 I \( 1 I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed DISCLOSURE OF LOCAL OFFICE - - TEREST `xf94:/e; e 7 hereby disclose that on 19 (a) A measure came or will come before my agency which (check one) X inured to my special private gain inured to the special gain of my business associ ite inured to the special gain of my relative inured to the special gain of whom 1 am retained or by which inured to the special gain of is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows I Da 'led f / .._.9k/ //:-,./70e' -,,(-, --.„ -- - F Signatuk NOTICE UNDER PROVIS IONS OF FLORIDA STATUTES §H2 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FO[ LOWING IMPEACHMENT REMOVAI OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION IN SALARY REPRIMAND OR A CIVIL PENAL TY NOT 70 EXCEED $5 000 CF FORM 813 10 91 1 NC t 1 Asl NAMI 1 IRS! NAM` Mll)lo)1 E NAME p>.It" Q. l'i___, MALI IN( ADORE SS i ;tj�, ilr CI I Y t. 41)':: Ne-_,,, i , C- Cl. 1)A I 1 ON 1( VO1 F 0C( UR 1) I Fi.- FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OE BOARD COUNCiI COMiMISSION AU 1 HORii Y OR COMMIT! EE Ill t 141 `c r- / - ei i f• 4e- i t_--) I HE BOARD (0UNC-1l COMMISSION AUTHORITY R COMMITTEE iN WHICH 1 SERVE IS A UNIT OF , (llY 0 COUNIY 0 O1HCRIOCAI ACINC\ NAME OF 1 OI 1I ICAI SUBDIVISION MY 1 OSI1ION IS El ECTIVE 0 Ai POINTIVE WHO MUST FILE FORM 8B This form is fo► use by any person serving at the county city or other local level of government on an appointed or elected board council commission authority or committee It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143 FLORIDA STATUTES A person holding elective or appointive county municipal or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained) to the special private gain of a relative or to the special private gain of a business associate Commissioners of community redevelopment agencies under Sec 161 356 or 163 357 F S and officers of independent specs 11 tax districts elected on a one acre one vote basis are not prohibited from voting in that capacity For purposes of this law a relative includes only the officer s father mother son daughter husband wife father in law mother in law son in law and daughter in law A business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer coowner of property or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS In addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTL BEING TAKEN by publicly stating to the assembl} the nature of your interest in the measure on which you arc abstaining from voting and WITHIN 15 DAYS AI~ TER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the minutcs of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from noting in the situations described above you otherwise, m ty participate in these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or it your direction IF YOU INTEND TO MAKF ANY ATTEMPT 10 INFI_ UENCE 1 HE DECISION PRIOR TO {HF MEETING Al WHICH THE VOTE WLI BETAKI_N • You must completc Ind file this form (before making any attempt to influence the decision) with the person responsible for recording thc minutes of the meeting who will incorporate the form in the minutes • A cop} of thc foi m must he pi o iced immcdi itch, to the other members of the tgcncv • 1 he form must be it. id publlci\ it thi. next mcct►ng iftcr thc form is filed (1 10RM tiH 1(1 )I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency and the form must be read publicly at the next meeting after the form is filed 1 a77)/ s-;,vfe---- DISCLOSURE OF LOCAL OFFICgjI TEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one) ) inured to my special private gain �7 Inured to the special gain of my business associate Inured to the special gain of my relative inured to the special gain of whom 1 am retained or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows / 4 96 Date Filed `►`� Signature 4,,, by which NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §I12 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCI OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOI LOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION I SALARY REPRIMAND OR A CIVIL PENAI TY NW TO EXCEED S5 000 CL FORM 8B 1091 1 \( L