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HomeMy Public PortalAbout11-14-96 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, NOVEMBER 14, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The mayor called the meeting to order at 7 00 p m Present were Counczlmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Michele Padovan, Christina Reed, Betty Sane, and Mayor John Festa Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen Helfman 2 INVOCATION The Village attorney gave the invocation 2 PLEDGE OF ALLEGIANCE The mayor led the pledge of allegiance 4 APPROVAL OF MINUTES No minutes were submitted for approval 5 AGENDA Councilman Han requested the following changes to the agenda addition of dates for goals & objectives session, council procedures agreement, situation with vice mayor Wald under item 11-A, reports and recommendations Councilman Sune requested the addition under the same line item of a discussion on the appointment of members for the Charter Revision Committee The Village Clerk requested the addition of the presentation of resolution no 96-28 to James Dowd and the approval of a resolution recognizing November as National Epilepsy month under Item 6 C and D The Village Attorney requested the deferral of Item 8-A-1 and Item 8-A-2 6 SPECIAL PRESENTATIONS Mayor Festa, on behalf of the Council, presented a copy of Resolution 96-32 to Mr John Hinson, expressing the Council's appreciation for the donation to purchase fire rescue equipment Mayor Festa, on behalf of the Council, presented a copy of Resolution 96-34 to Mr James Dowd, expressing the Council's appreciation for his contributions as Special Master for the Village The recipients of the 1996 employee development program grants were called to receive their grants The following recipients were present to receive their checks and addressed the council L Conlon and R DiFerdmando Recipients R Aguiar, M Bain, C Greaves and T Romero were absent and will receive their checks at another time 1 of 12 A request from the Key Biscayne Fnends of the Nativity to install a nativity scene at the Village Green was discussed at this time After brief discussion by Council, Mayor Festa made a motion to approve the request The motion was seconded by Councilman Fried The motion was adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime votmg Yes 7 PUBLIC COMMENTS There were no speakers present 8 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 COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION The village attorney addressed the council on this matter with the recommendation to defer this ordinance with an uncertain date The following citizens addressed the council on this issue Charles Kaleta, 150 Southeast 2nd Avenue, Miami, Mark Fned, 1001 South Bayshore Drive, Miami, Martha Broucek, 170 Ocean Lane Drive Mayor Festa made a motion to defer with an uncertain date The motion was seconded by Councilman Padovan and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime votmg Yes The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION OF THE FUTURE LAND USE MAP PERTAINING TO THAT CERTAIN PARCEL OF LAND AT ONE CRANDON BOULEVARD, (THE "PROPERTY") BEING THE NORTHERN MOST PARCEL OF LAND IN THE VILLAGE SITUATED ADJACENT TO AND EAST OF THE EAST RIGHT-OF- WAY LINE OF CRANDON BOULEVARD CONSISTING OF 69 ACRES, PROVIDING FOR AMENDMENT OF CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE IV "OTHER ZONING DISTRICTS" TO CREATE ZONING DISTRICT CLASSIFICATION FOR PUBLIC AND INSTITUTIONAL USE, PROVIDING PURPOSE OF PUBLIC AND INSTITUTIONAL USE, 2of12 Novemberl4, 1996 PROVIDING CRITERIA APPLICABLE TO PUBLIC AND INSTITUTIONAL USE, PROVIDING FOR REZONING AND REDESIGNATION OF THE PROPERTY FROM COUNTY BUA ZONING DISTRICT TO VILLAGE PUBLIC AND INSTITUTIONAL ZONING DISTRICT, PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE The attorney addressed the council on this issue At this time Charles Kaleta, 150 Southeast 2nd Avenue, Miami, representing Robert Matheson & sisters, Mark Fried, 1001 South Bayshore Dnve, Miami, representing Ocean Village Condominium, Martha Broucek, 170 Ocean Lane Drive, addressed the Council Mrs Broucek requested that the Pankey Institute donate the proposed facility to the Village if it should abandon the site at any future date, and the representative for the Pankey Institute assured her that the institute would take the request under consideration Mayor Festa opened the public hearing Councilman Sime made a motion to approve the ordmance The motion was seconded by Councilman Padovan Mayor Festa made a motion to defer the ordinance to an uncertain date The motion was seconded by Councilman Fried and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes The clerk read the following ordmance, on second readmg, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE ZONING CODE, AMENDING ARTICLE III `SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-61 "ACCESSORY BUILDINGS AND USES" BY CREATING PARAGRAPH H "REAR WATERWAY TRANSITION YARD" TO REGULATE STRUCTURES IN REAR YARD WHICH ABUT BISCAYNE BAY OR OTHER WATERWAYS, AMENDING SECTION 30-63 "DOCKS AND MOORING PILES" BY AMENDING PARAGRAPH B "BISCAYNE BAY AND HURRICANE HARBOR" TO FURTHER RESTRICT EXTENSION OF DOCKS AND MOORING PILES INTO BISCAYNE BAY AND HURRICANE HARBOR, PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE Staff recommended deferral of this ordmance The village attorney addressed the council on this issue and recommended deferral to the Council Meetmg of December 10, 1996 The mayor opened the public hearing Mayor Festa made a motion to defer the ordinance to the Council Meetmg of December 10, 1996 The motion was seconded by Councilman Sime The vote 3 of 12 Novemberl4, 1996 was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes The clerk read the following ordinance, on second reading, by title AN ORDINANCE AMENDING CHAPTER 28 "SIGNS" OF THE CODE OF THE VILLAGE OF KEY BISCAYNE BY REVISING CRITERION AND RESTRICTIONS CONCERNING SIGNS, PROVIDING FOR SEVERABILITY, CODIFICATION AND EFFECTIVE DATE Director of Building, Zoning and Planning John Little addressed the council explaining the revisions to this ordinance There was extensive discussion by council on this item The following residents addressed the council Bill Ofgant, 510 Fernwood, Bob Brookes, Chamber of Commerce, 95 West McIntyre, John Hinson, Ocean Club Development Co , 750 Crandon Boulevard, Chuck Alter, New York P1773, 260 Crandon Boulevard, Patricia Copan, 280 Ridgewood, Martha Broucek, 170 Ocean Lane Drive, James Pilafian, Key Biscayne Shopping Arcade, James Brewster, 500 N Mashta Dnve, Shirley Brill, 550 Ocean Drive, Luis Alcebo, 425 Grapetree Dnve The mayor closed the public hearing Mayor Festa made a motion to approve the ordinance and was seconded by Councilman Fned Mayor Festa made a motion to amend section 28-5, Signs Not Requiring A Permit, to read from November 1 to January 15 The motion was seconded by Councilman Sime and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes Mayor Festa made a motion to amend section 28-5 as to Other Holidays, signs can be installed seven days pnor to the holiday and removed seven days after the holiday The motion was seconded by Councilman Han and adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sune votmg Yes Councilman Han made a motion to change section 28-6, Residential District Permanent Signs, section 2 1 sign width from 6 to 8 ft The motion was seconded by Councilman O'Reilly and adopted by a voice vote of 7-0 The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sine voting Yes Councilman Han made a motion to amend section 28 7(1), Nonresidential District Signs, sign width from 6 to 8 ft The motion was seconded by Councilman O'Reilly and adopted by a voice vote of 7-0 The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and 4of12 Novemberl4, 1996 Sime votmg Yes Councilman Reed made a motion to amend section 28 7 (6) from 2 to 4 signs and maximum area from 4 sq ft to 8 sq ft total and strike the word "each" The motion to amend was seconded by Councilman O'Reilly and adopted by a voice vote of 7-0 The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes Councilman Padovan made a motion to amend section 28 8 (1) to include a restriction of no more than one (1) model arrow on Crandon per development The motion to amend was seconded by Councilman O'Reilly Councilman Han made a motion to amend the Padovan motion to provide that no arrows be placed on Crandon Boulevard The Padovan motion was adopted by a 5-2 voice vote The vote was as follows Mayor Festa, Councilmen Fried, Han, Reed and Sime votmg Yes, Councilmen O'Reilly and Padovan votmg No The amended Padovan motion was adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes The attorney suggested that under Time Limit, for clanty, it should read last house "or unit" in the development Mayor Festa made a motion to amend the section to read as suggested by the attorney The motion was seconded by Councilman Sune and adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes Councilman Sime made a motion to amend section 28 8 (5) for the sign not to exceed 8 1/2 x 11 Motion was seconded by Councilman Padovan and adopted by a 7-0 vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sune voting Yes Councilman Sime made a motion to amend section 28 8 (8) limiting Open House signs to one (1) per property The motion was seconded by Councilman Fned Councilman Han made a motion to amend the Sune motion to two (2) Open House signs The motion to amend the amended motion was seconded by Councilman O'Reilly The motion failed by a 4-3 vote The vote was as follows Mayor Festa, Councilmen Han and O'Reilly voting Yes, Councilmen Fried, Padovan, Reed and Sine votmg No A roll call vote was taken on the motion to limit Open House signs to one The vote was as follows Councilmen Han, Reed, Sime and Fried votmg Yes, Mayor Festa and Councilmen O'Reilly and Padovan voting No At this point Martha Broucek, 170 Ocean Lane Dnve, addressed the council Mayor Festa made a motion to amend the size of the Open House sign to no larger than 11/2 ft by 2 ft The motion was seconded by Councilman Sime and adopted on a 7-0 voice vote The vote was 5 of 12 Novemberl4, 1996 as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime votmg Yes The attorney suggested to change the language under Supplemental Regulations "No real estate open house signs shall be permitted to be placed on properties on or abutting Crandon Boulevard" Mayor Festa made a motion to adopt this recommendation The motion was seconded by Councilman Fried and adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes Councilman Padovan made a motion to allow one (1) Open House sign on Crandon Boulevard The motion was seconded by Councilman O'Reilly and failed on a 5-2 voice vote The vote was as follows Councilmen O'Reilly and Padovan, voting Yes Mayor Festa, Councilman Fned, Han, Reed and Sine voting No Councilman O'Reilly made a motion to amend the language under Supplemental Regulations "No real estate open house signs shall be permitted to be placed on properties facing or abutting Crandon Boulevard" The motion was seconded by Councilman Reed and adopted by a 7-0 vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes Mayor Festa made a motion to amend section 28 8 to change the setback for real estate signs, construction signs and political signs to 5 ft from edge of pavement Motion was seconded by Councilman Han and adopted by a 7-0 vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sine voting Yes Mayor Festa made a motion to amend the amendment to keep construction signs at the 5 ft from the property line as is m the current code The motion to amend the amendment was seconded by Councilman Fned and adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime votmg Yes A roll call vote was taken to adopt the sign ordmance as amended The ordmance was adopted by a 5-2 vote The vote was as follows Mayor Festa, Councilmen Han, Reed, Sime, Fned votmg Yes Councilmen O'Reilly and Padovan votmg No The clerk read the following ordmance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE VILLAGE CODE BY AMENDING ARTICLE IV "FINANCE" BY CREATING DIVISION 3 "SALARY" TO ENACT SECTION 2-59 "SALARY CAP" ESTABLISHING A SALARY CAP IN THE AMOUNT OF $105,000 AS THE MAXIMUM ANNUAL SALARY THAT CAN BE PAID BY THE VILLAGE TO ANY EMPLOYEE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE 6of12 Novemberl4, 1996 Mayor Festa made a motion to defer this item to the next Council meeting Councilman Padovan seconded the motion and was adopted by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime votmg Yes At this time, at the request of Councilman Padovan, the following zoning hearings were heard at this point Heanng Number 96 -1022 -VC -01 Chnstma Agostiu, representing Marcello and Qania Agostmi, 601 Harbor Drive, requested a non-use variance to permit the 13 36 -foot high wood trellis fence above the crown of road built between the principle built between the principal building and West Emd Drive vs the maximum allowed 8 -foot high fence above the crown of road permitted by resolution no Z-02-96, and Pernut the encroachment of the existmg plant matenal consistmg of five (5) trees planted along the property line within the nght of way to remain as installed Building, Zoning and Planting Director John P Little stated his recommendations for denial of the roof wood trellis and existing plant matenal All witness giving testimony in the following hearings were sworn -in by the clerk The mayor opened the public hearing Chnstma Agostini, 601 Harbor Drive, representing the applicant, addressed the Council The mayor closed the public hearing After extensive discussion from council, Councilman Padovan made a motion to approve the trellis The motion was seconded by Councilman Reed and approved by a 4-3 roll call vote The vote was as follows Councilmen Reed, Sime, O'Reilly and Padovan votmg Yes Mayor Festa, Councilmen Fned and Han voting No Councilman Padovan made a motion to adopt the denial of existmg plant matenal The motion was seconded by Councilman Sime and approved by a 6-1 roll call vote The vote was as follows Mayor Festa, Councilmen Sime, Fned, Han, Padovan and Reed voting Yes Councilman O'Reilly votmg No Heanng Number 96 -1022 -VC -02 Andres and Manvi Garcia, 14 Harbor Point, the applicant requested a non-use vanance of section 30-61(e) of the Code of Key Biscayne to permit the construction of a 1,429 sq ft pool cabana m rear of the property vs the required section 30-61(e) "except as otherwise provided, accessory buildmgs shall be limited to 300 square feet m area ", and A non-use vanance of section 30-61 (f) of the Code of Key Biscayne to permit the construction of 7of12 November14, 1996 a 23'-0" deep pool cabana in rear of the property vs the required section 30-61 (f) "accessory buildings shall be limited to a maximum of 20 feet ", and A non-use variance of section 30-61 (e) of the Code of Key Biscayne to permit the construction of a pool cabana in rear of property with an overall height of 23 58' to top of the parapet above the maximum rear lot elevation @7 5' and an additional height of 5 5' to the top of the roof -top trelhs vs the required section 30 61(e) "the maximum wall height shall not exceed 14 0 feet above the maximum lot elevation", and A non-use vanance of Section 30-61(g) of the Code of Key Biscayne to permit the construction of a pool cabana m rear of the property with an access to roof -top terrace vs the required section 30- 61(g) "No roof -top access is permitted for any accessory structure located in the rear zone" John Little, Director of Building, Zoning and Planning addressed the Council Raul Lastra, Village Planner, stated his recommendation to approved the vanances except for the wood roof -top trellis which needs to be removed The mayor opened the public heanng Deborah de Leon, 100 Buttonwood Drive, representing the applicant, addressed the council The mayor closed the public hearmg After extensive discussion from council, Councilman Han made a motion to approve the vanance as proposed by staff The motion was seconded by Councilman Sime Councilman Han withdrew his motion Mayor Festa made a motion to approve item 1), a construction of a 1,429 sq ft pool cabana The motion was seconded by Councilman O'Reilly The motion was approved by a 7-0 roll call vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes Mayor Festa made a motion to approve item 2), allowing a 23'8" wide by 28'0" deep pool cabana The motion was seconded by Councilman Fned The motion was approved by a 7-0 roll call vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sune voting Yes Mayor Festa made a motion to approve item 3), as is and was seconded by Councilman O'Reilly Mayor Festa made an amendment to the amended motion, to delete the trelhs The amended motion was seconded by Councilman Sime Mayor Festa made a motion to withdraw the amended motion The motion was seconded by Councilman O'Reilly The motion to approve item 3) as is, was approved by a roll call vote of 7-0 vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes 8of12 Novemberl4, 1996 Mayor Festa made a motion to approve item 4), allowing the pool cabana to have access to roof top terrace The motion was seconded by Councilman O'Reilly and approved by a 7-0 roll call vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes Mayor Festa made a motion to count the sq footage of the structure that was just approved and the home as part of the FAR of the entire lot, subject to the submitted site plans Councilman Sime seconded the motion and was approved by a 7-0 roll call vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes Hearing Number 96 -1022 -VC -03 Sixto Campano, 395 Gulf Road, the applicant, requested a non- use variance of section 30-53 1 of the Code of Key Biscayne to permit a portion of a new construction of 24 feet 4 inches m width and 19 feet m height above BFE extending to 15 feet from the front property lme vs the required at the 15 foot front setback line "When that portion of the structure is greater than 20 _feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated)" Building, Zoning and Plating Director Little addressed the council The followmg residents addressed the council Deborah de Leon, 100 Buttonwood Drive, Sixto Campano, 760 Allendale Road, Bill Ofgant, 512 Fernwood, Maria Campano, 760 Allendale Road, John Hmson, 755 Crandon Blvd , Martha Broucek, 170 Ocean Lane Drive Mayor Festa made a motion to approve the recommendation by staff The motion was seconded by Councilman Sime Council Sime made a motion to amend the Festa motion subject to the site plans submitted The amended motion was seconded by Councilman Padovan The Festa motion was approved by a 7-0 roll call vote The vote was as follows The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes Mayor Festa made an amendment to the motion, subject to site plans and was seconded by Councilman Sime The amended motion was approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sune voting Yes The motion as amended was approved by a 7-0 roll call vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes 9 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 SECOND AMENDMENT TO LEASE AGREEMENT WITH SUNTRUST BANK, MIAMI, N A FOR INCLUSION OF ADDITIONAL LEASED PREMISES AT 85 9of12 Novemberl4, 1996 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA, FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE Councilman Fried made a motion to approve the resolution The motion was seconded by Councilman Sime and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime 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 COASTAL SYSTEMS INTERNATIONAL, INC , CORAL GABLES, FLORIDA FOR PROFESSIONAL SERVICES IN PREPARING A LONG- TERM BEACH MANAGEMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE There was some discussion by Council Councilman Padovan made a motion to approve the resolution The motion was seconded by Councilman Sime and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime votmg 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 COASTAL SYSTEMS INTERNATIONAL INC , CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES RELATING TO A BEACH IMPROVEMENT PROJECT, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion to approve the resolution The resolution was seconded by Councilman Padovan and approved by a 7-0 voice vote The vote was as follows The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes Mayor Festa made a motion to extend the meeting to 11 15 p m The motion was seconded by Councilman Fried and failed on a 5-2 vote The vote was as follows Mayor Festa and Councilman Fned voting Yes Councilmen Han, O'Reilly, Padovan, Reed and Sime voting No Councilman O'Reilly made a motion to reconsider extending the meeting The motion was seconded by Mayor Festa and approved by a 4-3 voice vote The vote was as follows Mayor Festa, Councilman Fned, O'Reilly and Han votmg Yes Councilmen Sime, Padovan and Reed votmg No 10of12 Novemberl4, 1996 10 BUILDING, ZONING AND PLANNING This item was heard immediately after item 8 11 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers At this time the resolution calling for a special election on the proposed amendment to the Village Charter providing for debt and debt service limits was extensively discussed by council and the attorney Mayor Festa made a motion to reconsider the change of language on resolution 96-35A in reference to the amendment to the Charter providing for debt and debt service limits The motion was seconded by Councilman O'Reilly and approved by a 7-0 vote The vote was as follows Mayor Festa, Councilmen Fried, Han, O'Reilly, Padovan, Reed and Sime voting Yes Councilman O'Reilly made a motion to strike the word waive and replace it with the word alter The motion was seconded by Councilman Reed Mayor Festa made an amendment to substitute the language with the word waive in item 2 in the definition of debt The amendment was seconded by Councilman Han Councilman Han made a motion to extend the meeting to 11 30 p m The motion was seconded by Mayor Festa and approved by a 5-2 vote The vote was as follows Mayor Festa, Councilmen Reed, Fned, Han and O'Reilly voting Yes Councilmen Padovan and Sime voting No Mayor Festa made a motion to accept the word alter instead of the word waive The motion was seconded by Councilman Han and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes Councilman Han made a motion to extend the meeting to 11 45 p m The motion was seconded by Mayor Festa and approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmen Fned, Han, O'Reilly, Padovan, Reed and Sime voting Yes The following residents addressed the council Martha Broucek, 170 Ocean Lane Drive, John Hinson, 755 Crandon Boulevard By Council consensus this meeting will continue on November 19, 1996 at 7 00 p m Village Attorney Revised draft Golf Cart Ordinance This item was deferred to Tuesday, November 19, 1996 Village Clerk Election of Vice Mayor deferred to Tuesday, November 19, 1996 11 of 12 November14 1996 Village Manager The following items were deferred to the Council Meeting of Tuesday, November 19, 1996 1) Contract amendments for village manager 2) Sanitary Sewer Project a) Village Green b) Fernwood Road Area 3) Community Center proposed workshop dates a) Saturday, December 7, 1996, 10 00 AM KB Elementary School b) Thursday, January 9, 1997, 7 00 P M Council Chamber 12 OTHER BUSINESS/GENERAL DISCUSSION 13 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 14 ADJOURNMENT The meeting adjourned at 11 45 p m Res ctfully submitted i% )/3/1(9, Conchita H Alvarez Village Clerk Approved by the Village Council this day of ,1996 #9cr-4--- n F Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 12 of 12