2010-0902 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting September 2, 2010 Sunny Isles Beach, Florida contrast Temple B'Nai Zion objected to the designation yet it went forward. This dispirit treatment opens the City up to a potential claim of violation of the equal terms provision of RLUIP A. The City Attorney addresses their point in his August 25,2010 memorandum, but he only discusses one component of RLUIP A which is the notion that the Temple and its congregants would be substantially burdened. His memorandum does not address the equal terms provision of RLUIP A and he would implore the City Commission and the City Attorney to look further into this issue. He imagines that the City has the benefit of both the initial appellant brief and the City's response and they incorporate the Temple's appellant brief into the record. [City Clerk's Note: The Commission tookajive-minute recess.] Mayor Edelcup called upon Jeff Crockett who asked Assistant City Manager Vera to address the work plans submitted by the Temple described as the Kobi Karp Plans or anything similar to that. Mr. Vera said no plans were ever submitted for review by this Board or an application by this Board by the Temple. He said he was the Assistant City Manager in charge of the Services Division which included the Community Development Department and the Code Enforcement Department. Mr. Crockett asked him if his duties included supervision of Robert Solera, and Mr. Vera said yes. Mr. Crockett asked him how many years he supervised him, and Mr. Vera said that he has been here since the beginning of the City, and so whenever Mr. Solera came in [as an employee]. Mr. Crockett asked if any of those statements that were made were ever reported to him, and Mr. Vera answered no. Mr. Poliakoff asked Mr. Vera about Mr. Solera and his memorandum that he prepared advising that the Mayor directed him to cite the Temple. It is public record, and he has a copy in his file, and Mr. Vera asked to see it as he does not remember it. Mr. Poliakoff asked Mr. Vera ifhe is saying that the Mayor, to his knowledge, never directed Code Enforcement to look into certain issues, and Mr. Vera said to his knowledge, no. Mr. Poliakoff asked ifhe knew if the Mayor complained about Temple B 'Nai Zion, and Mr. Vera said not that he knows of. Mr. Poliakoff said then that he does not believe Mr. Solera's testimony, and Mr. Vera said he doesn't believe the entire testimony as stated on paper. Mr. Poliakoff asked what year the City was founded, and Mr. Vera said 1997, and Mr. Poliakoff said, and you have been here since its inception, and Mr. Vera said he was the second employee of the City, January 12, 1998. Mr. Poliakoff asked what was the highest position that Mr. Solera had, and Mr. Vera said the Community Development Director. Mr. Poliakoff said then that anything that he would have done, would have been with your full knowledge, and Mr. Vera said it should have been, yes. Mr. Poliakoff asked City Manager Conner to address the circumstances in which Mr. Solera was terminated or left the employee of the City, and City Manager Conner replied that Mr. Solera was asked to resign from his position. Mr. Poliakoff asked when that occurred and City Manager Conner said a year to a year and a half ago. Mr. Poliakoff said in your position as City Manager have you ever heard that the City of Sunny Isles Beach has any intention or desire to own or acquire the property of Temple B'Nai Zion, and City Manager Conner said no. Mr. Poliakoff said he will be brief because he has only been here a year, and City Manager Conner said a little over a year. Mr. Poliakoffasked ifhe still had the plans in his office showing the expansion of Mt. Sinai. City Manager Conner said he doesn't have any plans in his office or seen any plans showing the expansion of Mt. Sinai. Mr. Poliakoff 6