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Home My Public Portal About11-26-96 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 26, 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 05 p m Present were Mayor Festa, Councilmembers Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan, Councilmembers Chnstma Reed and Betty Sime Also present were Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 PLEDGE OF ALLEGIANCE The mayor led the pledge of allegiance 3 APPROVAL OF MINUTES No minutes were submitted for approval 4 AGENDA Mayor Festa requested that Item 9-D-1 be heard before Item 9-A There were no objections 5 SPECIAL PRESENTATIONS Ms Edith G Osman, Esq , 100 Southeast 2nd Street, addressed the Council supporting Miami Dade Water and Sewer Department's proposal for a comprehensive sludge management program and draft resolution Councilman Fned made a motion to adopt a resolution on this proposal Councilman Han seconded the motion and was approved by a 7-0 voice vote The vote was as follows Mayor Festa, Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed and Sime voting Yes 6 PUBLIC COMMENTS There were no public comments 1 of November 26, 1996 7 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERMITTING THE USE OF GOLF CARTS ON DESIGNATED STREETS, PROVIDING FRO DEFINITIONS, HOURS OF OPERATION, EQUIPMENT REQUIREMENTS, PERMIT REQUIREMENTS AND FEES, AND OPERATOR QUALIFICATIONS, PROVIDING PROHIBITIONS, PROVIDING PENALTIES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Councilman O'Reilly made a motion to approve the ordinance on first reading The motion was seconded by Councilman Sime and adopted by a unanimous roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sime and Mayor Festa voting Yes 8 BUILDING, ZONING AND PLANNING The following items were discussed All witness giving testimony in the following hearings were sworn by the clerk Hearing Number 96 -1126 -VC -02 Coral Valle Corporation, 635 Sunset Circle, requested non-use variances of twenty -five-foot (25') front and rear setback requirements to permit a twenty-three foot (23') front setback and a twenty -one -foot (21') rear setback as they relate to the columns of the proposed porch for a new residence located at 635 Sunset Circle John Little, Director of Buildmg, Zoning and Planning stated his recommendation for approval of the application The mayor opened the public hearing The following residents addressed the council Baudilio Ruiz, 165 Woodcrest Lane, Sennett Duttenhofer, 460 W Matheson Drive Director of Building, Zoning and Planning Little read the names and addresses of the following residents who sent letters opposing this project Peter Homer, 640 Sunset Circle, Shirley Pearson and Henry Keel, 645 Sunset Circle, Mary Jean Egans, 570 Harbor Drive, Sennett and Ann Duttenhofer, 460 West Matheson Drive The mayor closed the public hearing Mayor Festa made a motion to approve the variances Vice Mayor Padovan seconded the motion and adopted by a 6-1 roll call vote The vote was as follows Councilman O'Reilly, Vice Mayor Padovan, Councilmembers Sime, Fried, Han and Mayor Festa voting Yes Councilman Reed voting No 2 of November 26, 1996 Hearing Number 96 -1126 -VC -03 The applicants, Robert M Koffler & Maria Teresa Benavides, 500 West Mashta Drive, requested a non-use variance of fifteen feet (15') interior side setback requirement to permit an interior side setback of seven and a half feet (7 5') from the southwest property line from a proposed residence located at 500 West Mashta Drive Director of Building, Zoning and Planting Little, stated his recommendation for approval of the application The mayor opened the public hearing The following citizens addressed the Council Timothy Stickney, 104 Crandon Boulevard, Suite 309, Ramon Pacheco, 4990 Southwest 82 Avenue, Miami, Robert Koffler, 310 West McIntyre, Max Puyanic, 480 South Mashta Drive, Jim Brewster, 500 North Mashta Drive, Maite Koffler, 310 West McIntyre Street Director of Building, Zoning and Planting Little read the names and addresses of the following residents who sent letters opposing this project Cesar Caicedo, 520 West Mashta Drive, James and Susan Brewster, 500 North Mashta Drive, David and Sandi Block, 491 North Mashta Drive, Mr & Mrs Jesse Quiroga, 501 North Mashta Drive The mayor closed the public hearing At this point an amended site plan was submitted to Council by the applicants Councilman Reed made a motion to approve the amended site plan Councilman O'Reilly seconded the motion and it was approved by a 6-1 roll call vote The vote was as follows Councilmembers Reed, Sime, Fned, Han, O'Reilly and Mayor Festa voting Yes Vice Mayor Padovan voting No Councilman Han made a motion to defer to allow public comments on the amended site plan Councilman Sime seconded the motion Councilman Han withdrew the motion Councilman Reed made a motion to approve the amended site plan Mayor Festa seconded the motion and it was approved by a 5-2 roll call vote The vote was as follows Mayor Festa, Councilmembers Fried, O'Reilly, Reed and Vice Mayor Padovan voting Yes Councilmembers Sime and Han voting No Hearing Number 96 -0723 -VC -04 The applicant Coldwell Banker 328 Crandon Boulevard, Unit #126-127, requested extension of amortization period up to May 1, 1998 for a legal nonconforming wall sign named "Coldwell Banker, Real Estate" Director of Building, Planning and Zoning Little addressed the council The mayor opened the public hearing The mayor closed the public hearing Mayor Festa made a motion to approve the request The motion was seconded by Councilman Sime and approved by a 6-0 roll call vote The vote was as follows Mayor Festa, Councilmembers Fried, Han, Vice Mayor Padovan, Councilmembers Reed and Sime voting Yes Councilman O'Reilly abstained from voting due to conflict of interest 3 of November 26, 1996 Hearing Number 96 -1126 -VC -04 The applicant, Northern Trust Bank, 328 Crandon Boulevard, UNIT #101, requested extension of amortization period up to May 1, 1998 for two legal nonconforming wall signs named "Northern Trust Bank, The Private Bank" facing East & "Northern Trust Bank" facing North Director of Building, Zoning and Planting Little addressed the council with the recommendation to approve the request Mayor Festa made a motion to approve the request Councilman Sune seconded the motion and it was approved by a 7-0 roll call vote The vote was as follows Councilmembers Fried, Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Sane and Mayor Festa voting Yes Hearing Number 96 -1126 -VC -01 The applicant, Sprint Spectrum, L P , 77 Crandon Boulevard, requested an unusual use to allow the applicants to install telecommunication antennas, cables to connect personal communication service system facility, base station equipment and shelter on the roof and mechanical equipment penthouses of The Palm of Key Biscayne Condominium located at 77 Crandon Boulevard Director of Building, Zoning and Planning Little addressed the council with the recommendation to approve the request The mayor opened the public hearing The following citizens addressed the council Ron Mastroiam, 2750 North Federal Highway, Fort Lauderdale, Christian Ionescu, 251 Crandon Boulevard The mayor closed the public hearing Councilman Sime made a motion to approve the request Councilman Fried seconded and it was approved by a 7-0 roll call vote The vote was as follows Councilmembers Han, O'Reilly, Vice Mayor Padovan, Councilmembers Reed, Same, Fried and Mayor Festa voting Yes At this time the Sanitary Sewer Project was heard Carlos Pemn and Mariano Fernandez, C A P Engineering addressed the council explaining this project There was extensive discussion from council on this issue The engineers were directed by council to look into the cost of a Master Plan for the entire village and make a presentation at the next council meeting Martha Broucek, 170 Ocean Lane Drive addressed the council on this issue Councilman Sime made a motion to do a master plan for the entire island The motion was seconded by Councilman Han Councilman Sime deferred her motion 4 of 5 November 26 1996 Mayor Festa made a motion to extend the meeting to 11 30 p m Councilman Han seconded the motion and failed on a 4-3 voice vote The vote was as follows Mayor Festa, Councilmembers Fried and Han voting Yes Vice Mayor Padovan, Councilmembers Reed, Sime and O'Reilly voting No Mayor Festa made a motion to continue this meeting December 12, 1996 at 7 30 p m The motion was seconded by Councilman Han and approved by a 7-0 voice vote The vote was as follows Councilman Sime, Mayor Festa, Councilmembers Fried, Han O'Reilly, Reed and Vice Mayor Padovan voting Yes 9 REPORTS AND RECOMMENDATIONS The following items were discussed Village Manager The Sanitary Sewer Project (feasibility study enclosed separately) was heard after Item 8-D 11 OTHER BUSINESS/GENERAL DISCUSSION 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 13 ADJOURNMENT The meeting adjourned at 11 02 p m tfully su ztted Conchzta H Alvarez Village Clerk Approved by the Village Council this day of ,1996 3 hn 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 5 of 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I ASI NAMI I IRSI NAMI MIDDkE NAMF NAME Oh BOARD COUNCIL COMMISSION AU I HORIT Y OR COMMITTEE MAIL IN('ADDRE SSifzi zi.g,obiztis 4 (IlY Key 13/ FL- DAlE ON WHICH VOIFOCCURRED MO v, 2+6, iYf6 COUNIY T HF BOARD COUNCIL COMMISSION AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF yCIIY 0 COUNIY 0 01 HER I OCAI AGENCY NAME OF 1 01 11 ICAI SUBDIVISION K6Y 3isc,4y%J MY POSITION IS yi ECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is fot 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 an& 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 by completing and 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 at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN You must complete and file this form (before making any attempt to influence the decision) with the person responsible for ecording the minutes of the meeting who will incorporate the form in the minutes • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed CE FORM 8B 10 91 PACE 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 01 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 I DISCLOSURE OF LOCAL OFFICER S INTEREST l% /� r`i�� hereby disclose that on t''i" 2� �� y y 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain inured to the special gain of my business associate - inured to the special gain of my relative - inured to the special gain of by whom I am retained or inured to the special gain of which C(b) is the parent organization or subsidiary of a principal which has retained me JThe measure before my agency and the nature of my conflicting interest in the measure is as follows dea.,.-oo�et�e( e4p76-zti r-t- 06.66.43delF•A•g.44 tt,2e aateief Beo•si2.• 4.4.6e0h,e4 eg4 •.‘ 4fai,weviat4•••. .d7a4_, 00 Ce1410eirr 24.4:a 1� /74 Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317 (1991) A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION REDUCTION SALARY REPRIMAND OR A CIVIL PENALTY NOT TO EXCEED $5 000 CE FORM 8B 10 91 PAGE 2