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