2014-0717 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2273 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Settlement Agreement in the Case Styled"Temple B'Nai Zion,Inc.v.City of Sunny Isles Beach, et al. Case No. 10-24549-CIV-KMW" in Substantially the Same Form Attached Hereto as Exhibit "A"; Further, Approving a Restrictive Covenant for the Property Located at 200 178th Street, Sunny Isles Beach, FL, 33160, Designated by the City's Historic Preservation Board as an Historic Site,in Substantially the Same Form Attached Hereto as Exhibit"B"; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Signed Exhibits "A " and "B" were distributed prior to meeting.] City Clerk Hines read the title,and City Attorney Ottinot reported that it has been 4'/2 years and we have now been able to come to a settlement. The terms of the Agreement, since the Executive Session, has not changed. He introduced his Special Co-Counsel, Ben Brodski,Esq. as well as Keith Silverstein, Esq.the Temple's attorney. Mr.Ottinot noted that Rabbi Aaron Lankry has executed the Settlement Agreement and the Restrictive Covenant. Co-Counsel Ben Brodski, Esq. said he recommends that the City Commission approve the Settlement that has been reached between the Temple and the City. The terms of the settlement have not changed since they briefed the Executive Session. It would involve a $175,000.00 payment of cash to the Temple to be covered by the City's Insurance Carrier. The Settlement Agreement also involves a transfer 15,000 TDRs from the City's account, and in exchange the Temple would agree to maintain the historic designation on certain sections of its property in perpetuity. This would ensure that the Temple is maintained as a place of religious worship and community gathering for the City for many years to come. This of course would involve the dismissal of the litigation, and they think this is a good settlement and recommend that the Commission approve it. Public Speakers: Marc Mogil Attorney Keith Silverstein said that Mr. Brodski, Esq. has echoed the sentiment of the Temple as well. This was a very difficult and taxing litigation for everyone. Upon the encouragement of Judge Kathleen Williams, who presided over the case, the parties were able to come together again during a third mediation session over two days, ten hours, attended by the Mayor as well. He believes this is in the best interest of all involved to put this behind us and allow the community to continue to prosper. Commissioner Scholl said this is a very complex item, and he believes that this was a very emotional issue for certain members of the Commission at that time. He and the Mayor were the only two on the Commission at that time,and former Vice Mayor Lewis Thaler was also on the Commission at that time. The fact is on that particular evening and that particular issue he believes that logic did not prevail. We had a long drawn out protracted set of law 18