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HomeMy Public PortalAbout07-01-98 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, JULY 1, 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 (arrived at 6 15 p m ), Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fned and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 INVOCATION Reverend Pat Arnold, Key Biscayne Presbyterian Church gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the Special Council Meeting of May 26, 1998 were approved by unanimous consent 5 AGENDA Mayor Festa requested the removal of Item 6A2 from the consent agenda and the addition of a discussion resolving a dispute between a neighbor and the Village regarding a driveway as Item 11A6 Councilmember Padovan requested the removal of Item 6B 1 b from the consent agenda and to delete Item 11A4 under Mayor and Councilmembers and substitute it with a bnef discussion regarding outdoor dining Councilmember O'Reilly requested the addition of a report regarding the American Coastal Coalition as Item 11A7 The Clerk requested the addition of a special presentation of Resolution 98-30 to Mr Jack Peeples and reported a scnbners error under the clerk's report There were no objections to the agenda changes 1 of 12 July 1 1998 6 CONSENT AGENDA Mayor Festa made a motion to approve the following consent agenda Councilmember Padovan seconded the motion and it was approved by a 6-0 voice vote The vote was as follows Councilmembers Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING THE ATTACHED AGREEMENT WITH MR EZEQUIEL MILLA HINOJOZA, KEY BISCAYNE, FLORIDA, FOR PROFESSIONAL TENNIS SERVICES AT CALUSA PARK, PROVIDING FOR AN EFFECTIVE DATE PUBLIC WORKS DEPARTMENT SERVICE BID FOR CATCH BASINS CLEANING Contract awarded to SOS Construction Corporation for $45 00 per structure, including jetting and dump fees for an indefinite term 7 SPECIAL PRESENTATIONS Councilmember Sime introduced Christina Pereira Schumanner, candidate for County Court Judge Ms Schumanner addressed the Mayor and Councilmembers and the public Mayor Festa presented, on behalf of the Village Council, Resolution 98-24 to the Floodplain Management Committee Members Mr Chris Sager, 335 Harbor Dnve, addressed the Council regarding Villa #69 stating that it will be demolished, saving some parts of the building Councilmembers Padovan and O'Reilly will donate the cost of the permit to demolish the Villa Assistant to the Manager, James D DeCocq, addressed the Council presenting his internship thesis to the Mayor and Members of the Village Council Mr Raul Lastra, OBM Miami, addressed the Council regarding the following projects Preliminary Ocean Park development plans and West Wood and West Heather Dnves sidewalks/traffic calming prof ect Greg Marks, 129 East Enid Dnve, James Taintor, 355 Harbor Drive addressed the Council Mr Lastra stated that the next step regarding the Ocean Park will be to get cost estimates and talk to the Department of Environmental Protection to make sure that the proposed project can be built The Mayor and Councilmembers requested that a parking concept for this park be brought before them at the next council meeting 2of12 July 1 1998 Mr Lastra, OBM Miami and Andy Kacer, Williams, Hatfield & Stoner, Civil Engineer for the project, addressed the Council regarding the West Wood and West Heather Drives sidewalks/traffic calming project There was extensive discussion from Council regarding these projects Councilmember Sime made a motion to approve the West Wood and West Heather Drives sidewalks/traffic calming project The motion was seconded by Vice Mayor Fried Mayor Festa made an amending motion to have sidewalks on one side of the street only The motion was seconded by Councilmember Han and failed by a 2-5 voice vote The vote was as follows Councilmember O'Reilly and Mayor Festa voting Yes Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting No Councilmember Padovan made an amending motion to reduce the traffic calming devices from eight (8) to six (6) and the types of devices from circles to two (2) elevated is and one (1) median diverter The motion was seconded by Councilmember O'Reilly Councilmember Padovan withdrew her motion Councilmember O'Reilly made a motion to defer the traffic calming circles to the next council meeting The motion was seconded by Councilmember Han and failed by a 3-4 voice vote The vote was as follows Councilmembers Han, O'Reilly and Mayor Festa voting Yes Councilmembers Broucek, Padovan, Sime and Vice Mayor Fried voting No Mayor Festa made an amending motion instructing the Manager to go out to bid for these projects, but to present to Council options for reduction in devices and changes in devices for final determination 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 The main motion as amended was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No 7 PUBLIC COMMENTS Eduardo Benet, 77 Crandon Boulevard, addressed the Council At this point the Mayor, on behalf of the Village Council, presented Resolution 98-30 to Mr Grant Peeples Mr Peeples addressed the Council thanking them for this distinction Village Clerk By consensus of Council the results of the Special Election of June 30, 1998 were read at this time by the Village Clerk The results were the following 286 affirmative votes and 646 negatives votes, resulting in the failure to amend the Village Charter 3 of 12 July 1 1998 Councilmember Padovan requested consensus from Council to take the Drama Club request out of order in the agenda after the zoning hearing There was no objection to the request 8 BUILDING, PLANNING AND ZONING All witness giving testimonies in the following zoning hearings were sworn in by the Clerk Hearing Number 98 -0526 -VC -02 (Deferred from the Public Hearing on May 26, 1998) Victor Hennquez, 300 Harbor Drive, pursuant to Section 30-53 1 of the Key Biscayne Code, the applicant is applying for a non-use variance of twenty -five-foot (25') front setback requirement to allow a twelve -and -a -half -foot (12 5') front setback for a proposed garage of a newly constructed residence Director of Building, Zoning and Planning, John P Little addressed the Council stating his recommendation for approval The Mayor opened the public hearing Bill Earle, 280 Harbor Drive, Clay Tootle, Interscope Contractors, representing the applicant, Jim Taintor, 355 Harbor Drive, Pat Kilgore, 370 Harbor Court, Victor Hennquez, owner of the property addressed the Council The Mayor closed the public hearing The Attorney addressed the Council regarding this variance Vice Mayor Fried made a motion to approve the request The motion was seconded by Councilmember O'Reilly and approved by a 4-3 roll call vote The vote was as follows Councilmembers O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Broucek, Han and Padovan voting No Hearing Number 98 -0623 -VC -01 C Maurice and Fausta Labarrere, Ana Maria Arellano, 412/414 Fernwood Road, pursuant to Section 30-55 of the Key Biscayne Code, the applicants are applying for a non-use variance of twenty-five point ninety seven -foot (25 97') driveway width requirement to allow a forty-four point twenty five-foot (44 25') width of combination of dnveways at the points of intersections with the right-of-way for the subject property Director Little addressed the Council stating his recommendation of denial without prejudice The Mayor opened the public hearing Fausta Labarrere, the applicant, addressed the Council The Mayor closed the public hearing Mayor Festa made a motion to defer this heanng to the next Council meeting so that the applicant and the Building, Planning and Zoning Department can study this further The motion was seconded by Councilmember Broucek and approved by a 7-0 roll call vote The vote was as follows 4of12 July 1 1998 Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes At this time the proposed Key Biscayne Music and Drama Club agreement was heard Carol Ann Rudy, 25 N E 99 Street, Miami Shores, President of the Drama Club, addressed the Council Councilmember Padovan made a motion to enter into the agreement with the Drama Club for $15,000 plus utilities The motion was seconded by Councilmember Sime and failed by a 3-4 voice vote The vote was as follows Councilmembers Han, Padovan and Sime voting Yes Councilmembers Broucek, O'Reilly, Vice Mayor Fried and Mayor Festa voting No 9 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,000,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE The Manager and the Attorney addressed the Council regarding this ordinance Robert Brooks, 95 West McIntyre Street addressed the Council Mayor Festa made a motion to table this ordinance to later in the meeting 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 Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN SUNTRUST BANK, MIAMI, N A AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR PURCHASE OF CERTAIN LANDS AND IMPROVEMENTS BY THE VILLAGE, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE, AUTHORIZING VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE CONTRACT, AUTHORIZING VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL ACTION NECESSARY TO CLOSE THE PURCHASE AND SALE TRANSACTION, PROVIDING FOR AN EFFECTIVE DATE 5of12 July 1 1998 Steven Zelkowtz, Attorney with Weiss Serota Helfman Pastoriza and Guedes, P A and Mark Jacobs, Counsel for SunTrust addressed the Council regarding this resolution Councilmember Broucek made a motion to approve the resolution The motion was seconded by Councilmember Han Councilmember Broucek made an amending motion to change Section 7 2 of the contract from 60 days to 90 days Councilmember Han seconded the motion Councilmember Broucek withdrew her motion The main motion was approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No Mayor Festa made a motion to remove the ordinance regarding the land acquisition revenue bonds from the table The motion was seconded by Councilmember Broucek and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No Councilmember Sime made a motion to adopt the ordinance on first reading Councilmember Han seconded the motion and it was approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-531 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS, DENSITY, HEIGHT, MINIMUM LOT SIZE, ETC " CREATING A 50 FOOT REAR SETBACK FOR CERTAIN PROPERTIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, PROVIDING FOR PENALTY, PROVIDING AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Vice Mayor Fried made a motion to approve the ordinance on second reading The motion was seconded by Mayor Festa and approved by a 6-1 roll call vote The vote was as follows 6of12 July 1 1998 Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes Mayor Festa voting No The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN", TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN CODE, AND PROVIDING AN EFFECTIVE DATE Director Little and the Manager addressed the Council regarding this ordinance The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Vice Mayor Fried made a motion to approve the ordinance on second reading The motion was seconded Councilmember Padovan and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fned voting Yes Mayor Festa voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE Councilmember Han made a motion to approve the resolution The motion was seconded by Councilmember Sime Councilmember O'Reilly made a motion to amend Section 1 with the rolled back rate on the first blank of Section 1 and make the second blank correspond The motion was seconded by Councilmember Padovan and failed by a 2-5 voice vote The vote was as follows Councilmembers O'Reilly and Padovan voting Yes Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting No 7of12 July 11998 The main motion was approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers O'Reilly and Padovan voting No 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 AGREEMENTS WITH CERTAIN FIRMS TO PROVIDE FOR GENERAL PROFESSIONAL ARCHITECTURAL, ENGINEERING SERVICES AND SURVEYING, PROVIDING FOR AN EFFECTIVE DATE There was extensive discussion from Council regarding this resolution Mayor Festa made a motion to approve the resolution 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 11 REPORTS AND RECOMMENDATIONS The following items were discussed Village Manager The Manager addressed the Council regarding the Village Green parking This item was brought before Council in anticipation of the SunTrust Bank building their new building The Manager was directed to bring back options to Council regarding this issue The Manager presented to the Council a proposed Crandon Boulevard "No Parking" traffic signage request Councilmember Han made a motion to install "No Parking" signs on Crandon Boulevard from Harbor Drive South numbers 12, 80, 200 and 300 The motion was seconded by Councilmember Sime 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 addressed the Council regarding the Florida Department of Health (sanitary sewer) one year connection requirement and reported on the meeting held on May 27, 1998 The Attorney addressed the Council regarding this issue Mayor Festa made a motion to authorize the Manager to speak with Mr Jack Peeples and hire him, if necessary The motion was seconded by Vice Mayor Fried 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 8of12 July 1 1998 Councilmember Sime made a motion to hire a lobbyist up to $25,000 The motion was seconded by Mayor Festa and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No The Manager addressed the Council regarding the Adelphia Cable franchise agreement renewal stating that it terminates on March 3, 2001 The Manager presented to Council a request for traffic calming on Mashta Island It was the consensus of Council to wait on this request The Manager addressed the Council regarding the Village Green Gazebo/Bandstand It was the consensus of Council to defer this issue to the next meeting Village Planner Consultant Lastra addressed the Council regarding this issue The Manager presented to Council two Public Works Department service bids street sweeping and ornamental lighting for various projects Mayor Festa made a motion to award the street sweeping contract to Tn-County Services for $1,625 00 per occurance The motion was seconded by Councilmember Sime 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 Broucek made a motion to award the ornamental lighting contract for medians on Ocean Lane Drive, Crandon Boulevard and the Lake Park to South Dade Lighting for $68,525 00 (cost of materials) and to Intenor Electric, Inc For $78,600 00 (cost of installation) 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 Chief of Fire Rescue, John C Gilbert gave a brief report to the Council regarding the Fourth of July fireworks program and the banning by the Governor regarding the sale of fireworks This issue will be strictly enforced by the Police Department The following items were provided for information the monthly departmental reports (May), the May monthly report for the Key Biscayne Chamber of Commerce, press release regarding Village of Key Biscayne wins Communications Contest Award for outstanding municipal public information publication, memorandum to Mayor and Members of the Village Council from Village Manager regarding Crandon Boulevard Master Plan, dated June 22, 1998, letter to Assistant to the Manager from Sean McCrackine, Manager, Communications and Media Relations Program, Miami -Dade County regarding environmental videos to be televised on the Key Biscayne channel, dated June 16, 9of12 July 1 1998 1998, letter to Village Manager from Terry L Davis, Executive Director and CEO, AASLH regarding the selection of the Key Biscayne Heritage Trail as a 1998 AASLH Award winner, dated June 16, 1998, "53 Sea Turtle Nests, 100 False Crawls on Key so for this Season", Islander News article, dated June 11, 1998, memorandum to Village Council from Village Manager regarding playing fields - residents on Fernwood and Glenridge, dated June 4, 1998, letter to Village Realtors regarding amendment to sign code - real estate open house signs, dated June 1, 1998, letter to Finance Director from Joel W Robbins, Property Appraiser, Miami -Dade County regarding 1998 Assessment Roll Estimate, dated June 1, 1998, letter to Village Manager from Key Biscayne Community School regarding village transportation vehicle, dated May 29, 1998, letter from Greenberg Traurig to Village Attorney regarding the Escrow Agreement for Gardens of Key Biscayne, dated October 28, 1992, letter dated May 29, 1998, "Cape Florida State Park Beach ranked no 7 in the country", Islander News article, dated May 28, 1998, letter to Ms Joan McCaughn from Village Manager regarding traffic calming, dated May 27, 1998, letter to Chief of Fire Rescue from Bill Nelson, Department of Insurance, State of Florida regarding the State Fire Marshal's Fire Service Communications Grant Program, dated May 15, 1998 Mayor and Councilmembers Mayor Festa made a motion to reappoint Rosemary Sala and Dennis O'Hara as Special Masters Councilmember Sime 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 Councilmember Broucek addressed the Council regarding the City of Miami, Virginia Key development The Manager announced that there will be a public meeting on July 17, 1998 at 9 00 a m in the Council Chamber regarding the Seaquarium issue with the City of Miami, Miami -Dade County, the Department of Environmental Protection and the Department of Community Affairs The Attorney addressed the Council regarding this issue Councilmember Padovan addressed the Council regarding the traffic problem into Bill Baggs/Cape Florida recreation area It was the consensus of Council for staff to get in contact with the Director of the Parks Department at the State level and to get it contact with Pete Hernandez, Public Works, regarding the sign on I-95 Chief of Police, Michael J Flaherty addressed the Council regarding this issue Councilmember Padovan addressed the Council regarding the outdoor dining problem within the Village The Attorney addressed the Council stating that any changes regarding this regulation should be done by ordinance 10 of 12 July 1 1998 Councilmember O'Reilly made a motion to extend the meeting 10 minutes The motion was seconded by Vice Mayor Fried and approved 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Padovan and Sime voting No Mayor Festa made a motion to limit discussion to 2 minutes per item 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 Pamela Kirkpatrick, representing the Key Biscayne Chamber of Commerce, addressed the Council Councilmember O'Reilly addressed the Council giving a brief report regarding his attendance to the American Coastal Coalition Councilmember Sime addressed the Council regarding environmental signage and graphic design plan Mayor Festa requested a quick closure on a dispute between a neighbor and the Village Mayor Festa also requested a copy of the letter that went to Fernwood and that a copy be sent to the party involved Mayor Festa made a motion authorizing the Attorney to look into a possible conflict if a contractor becomes part of the Village Council The motion was seconded by Councilmember Broucek and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Han voting No Village Attorney The Attorney submitted to Council a copy of the 1998 Legislature CS for SB 2474 Florida Statutes Section 34 (Seaquanum Legislation) The Attorney presented to the Council a letter from Miami -Dade County Attorney regarding the Declaration of Restrictions between Village and Miami -Dade County (The Lipton Championships) 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 11of12 July 11998 13 ADJOURNMENT The meeting was adjourned at 11 22 p m Respectfully submitted Ac,a-wbie Conchita H Alvarez, Village Clerk Approved this 25th day ofAugust , 1998 i—e— —- 9:2--t 7C-- Festa or 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 12 of 12