2014-1218 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida inches for a period exceeding 24 hours after the most recent rainfall. He noted that he spoke with Vice Mayor Aelion who had requested that the water be in excess of six (6) inches rather than two (2) inches. Public Speakers: None Vice Mayor Aelion said to be more objective and to allow for more than two(2)inches and he had suggested six(6)inches. Deputy City Manager Morris said one of the issues that we are going to have regardless if it is two (2) inches or four (4) inches, it is going to be the enforcement of it. We were going to propose a friendly amendment of eliminating the measurement. We have a definition of stagnant water and we should just work off that strict definition. We would also like to eliminate the strict requirement regarding"commercial" and just make it parking lots as a group because it is possible that we can have stagnant water in any parking garage and we don't want to relegate it to just commercial. Vice Mayor Aelion said it all depends on the scenario, now this is defined on commercial properties. If you say"any"it could be left at the discretion of staff,however,unfortunately it could happen if you have a flooding of sewers and water,and then you have to apply this to a certain Code and then it is an issue. When you limit this to commercial which is really the places where we have our livelihood, the day to day where we are going shopping, to restaurants, etc. This Ordinance is very well placed and he thought on the contrary that this would be a positive tool for staff to have the height to go up. Mayor Scholl said he is hearing that staff is not agreeing with you, and staff is asking that this be modified to accommodate their needs. City Attorney Ottinot said when they were asked to do this Ordinance, they researched it and researched similar ordinances, and the Ordinance has to be drafted in a certain way. Mayor Scholl said let's table it for now so we can make it clear. If the City Manager is in charge of enforcing it, and we have to put something on the books,we want to make sure that: 1)it is enforceable;and 2)that the staff, has the reason it is enforceable. City Manager Russo said we really took another look at this once the Vice Mayor weighed in on it because we really saw merits of the concern over the fix. Mayor Scholl said he wants staff to be happy because they have something that is enforceable, and he wants the Vice Mayor to be happy. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to defer the Ordinance to January 15,2015. The motion to defer was approved by a voice vote of 5- 0 in favor. [City Clerk's Note: This Ordinance was later placed on the February 19, 2015 Agenda.] [City Clerk's Note: Item 10K was heard after Item 9A.] 13