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<br />Summary Minutes: Regular City Commission Meeting January 18, 2007 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />Public Speakers: David Dubuck; <br /> <br />David Dubuck, owner of Porter House Bar and Grill, asked for an extension of one month <br />because they had a problem acquiring the labels which have been acquired at this time so they <br />will be ready to move forward at the next meeting. <br /> <br />Assistant City Manager Vera asked if the City will bear the advertisement cost, and Mayor <br />Edelcup said if we were at fault for getting the labels delivered late, and Mr. Vera said no we <br />were not at fault. Mayor Edelcup said if we were not the cause of the problem then they <br />should bear the cost of advertising, and the Commission concurred. <br /> <br />Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for deferral to <br />February 15,2007. The motion was approved by a voice vote of 5-0 in favor. <br /> <br />7. ORDINANCES FOR FIRST READING <br /> <br />7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing <br />Regulations for the Placement of Beach Chairs on Publicly-Owned or Controlled Beach <br />Areas; Providing for Purpose and Intent; Providing for Definitions; Providing for Permitting <br />Procedures; Prohibiting Obstruction to Emergency Response Path; Providing for Protection of <br />Marine Turtles and their Nesting Grounds; Providing for Enforcement; Providing for <br />Penalties; Providing for Severability; Providing for Repealer; Providing for Codification; <br />Providing for an Effective Date. <br /> <br />Action: City Clerk Hines read the title and Community Development Director Robert Solera <br />reported. <br /> <br />Public Speakers: none <br /> <br />Mayor Edelcup said he knows that the City Manager has met with representatives from that <br />side and asked if this is the consensus that everyone has bought into. City Manager Szerlag <br />said that this is the consensus that everyone has bought into however there is still an issue <br />between two entities, Le Meridien Hotel and the Millenium Condominium. He said that issue <br />pertains to the Condominium Association having an objection to, not pre-stacking of the <br />chairs, but once the customer has the chairs taking those chairs as occupied over the imaginary <br />north/south line of the Le Meridien Hotel. He said the response that we have given is that the <br />public beach is essentially public and once a chair is occupied, whether it is from a contiguous <br />property owner or someone who is visiting and on the east side as well, those chairs if they are <br />occupied can be placed anywhere. He said absent that one issue there is concurrence with the <br />formula that we advanced and the percentage of pre-stacking of chairs. <br /> <br />Mayor Edelcup said it is important to note that the beach is free to everyone and that this <br />ordinance only deals with pre-stacking, and certainly any citizen of the City of Sunny Isles <br />Beach or any visitor is not prohibited from placing their chairs anywhere on that beach access. <br />He said this is just an accommodation to take care of those commercial operations that want to <br />have their chairs pre-set early in the morning. City Manager Szerlag noted another point that <br />is germane to this entire issue, if someone wants to have an occupied beach chair and <br />umbrella within a designated pre-set area, that is also allowed. <br /> <br />4 <br />