HomeMy WebLinkAbout2014-1218 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, December 18, 2014, 6:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
I. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Scholl at 6:30 p.m. with the following officials
present:
Mayor George "Bud" Scholl City Manager Christopher J. Russo
Vice Mayor Isaac Aelion City Attorney Hans Ottinot
Commissioner Jeanette Gatto City Clerk Jane A. Hines, MMC
Commissioner Dana Goldman Deputy City Manager Stan Morris
Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui
President of Student Council Tim Byrd
2. PLEDGE OF ALLEGIANCE /INVOCATION
Action: Ari Steiger led the Pledge of Allegiance to the flag. Rabbi Yisrael Baron gave the
invocation, and Rabbi Alexander Kaller and his son Mendel lit the third candle of the
Menorah made by the children for Hanukkah.
Mayor Scholl gave opening remarks of decorum. He said we are changing some things at
City Hall from a procedural standpoint. Typically before we have Commission Meetings,we
have workshops the Tuesday before the Commission Meetings. A lot of the issues that came
before the Commission got discussed at these Agenda Review Workshops,and we had one
this past Tuesday but the actual purpose of the meeting was to stop having these meetings.
And so what you are going to find is, as we move forward a lot of things are more aired in
the Commission meetings as opposed to at the Workshop. Sometimes you could see that we
were rifling through the agenda because things were being discussed previously at these
workshops. Now that we are not having these workshops, what he is going to do is at the
beginning of the Commission meetings he will give the public and his colleagues a heads up
on things that might be coming down the pipeline, and things that he is talking to
Management about. He is going to do that for the first time today.
Mayor Scholl said that during the campaign process there had been a number of issues that
came up for them to address. Recently we had given the City Manager some direction. One
is, Vice Mayor Aelion is going to talk about the beach erosion issue as one of the add-on
items. One of the things that he had asked the City Manager to do was to look for an
engineering firm that has expertise in coastal engineering and we might be able to put some
mitigation devices in place off the beach or along the beach to try to help us start mitigating
the erosion. Vice Mayor Aelion is going to talk on some programs that might be out there to
actually help us with beach renourishment. Mayor Scholl said he knows that is something
that has been on the public's mind. He has gotten a lot of calls about it,and there is so much
we can do as a City, we have to work in tandem with our City and Federal Government.
Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
Mayor Scholl said the other issue he asked the City Manager to look at is to potentially do a
deal with the County about putting in a sports complex at Haulover Park, a Skate Park, and
maybe some tennis courts for us. The City Manager is working on that and will come before
the City Commission when that is ready to go. Also, he has had a lot of feedback from the
residents of Golden Shores, and so the City Manager is looking at the priority of an
undergrounding and lighting study for Miami Shores,and something else that Commissioner
Levin have been talking to her constituents in that area about. And so with each meeting
going forward he is going to try to give a little preview of coming attractions and that way
keep the public a little more informed on these things.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—November 20, 2014.
Action:Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of
5-0 in favor.
3B. Special City Commission Meeting—December 2, 2014.
Action:Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of
5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items; Deferrals: Item 6B. TNG Holdings; and Item 10I. Assignment of
TDRs; Add-On: Item 10Q. Resolution Abolishing Workshops; Item 10R. Approval to
Retain Firm; Item 12A. Discussion re: Articles (Withdrawn); Item 12B. Discussion re:
Bike-Share Program; and Item 12C. Discussion re: Beach Erosion.
Action: Mayor Scholl noted the above changes to the agenda. Vice Mayor Aelion moved
and Commissioner Gatto seconded a motion to approve the above changes to the agenda.
The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
5A. A Presentation to Winners of the Sunny Isles Beach Photo Contest for the City's 2015
Calendar.
Action: Communications Coordinator Alayne Yeash of the Cultural and Community
Services Department said this year was a tough year to choose winning photographs as we
had more photographers than ever, more pictures than ever, and more quality pictures than
ever. The photographs that did not make it in the calendar, will be used in our other
publications. We also get asked by our partners in Canada, Europe,and South America for
photographs of our City. She made a Power Point Presentation of the 2015 Calendar, and
noted that the winners were chosen by numbers,not by names. She announced the winners,
and the Mayor and Commission handed out etched glass plaques shaped as a camera to the
following: Paloma Bores; Justin Broman; Beatrix Csinger; Tara Demren; Leah Einwalter;
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Anastasiya Karpenko; Ekaterina Khramova; Sonny Sabatto; Sarah-Lydia Singer; and Alex
Vinokur. Ms. Yeash said she would get the awards to those who were not here tonight. She
also noted that the calendars are now available in Government Center and at Pelican
Community Park.
5B. A Presentation by Miami-Dade County Library System regarding Library Resources.
Action: Rafael Costa introduced Carmen Centeno who are both Library Services Specialists
of the Miami-Dade County Library System. They gave a Power Point Presentation on the
Library and its many resources,services,and products available to the residents. The Library
System is comprised of 48 branches of which one branch is here in Sunny Isles Beach. Ms.
Centeno noted that with your Library Card you can check out a pass and then visit Viscaya
and the Zoo for free. The Commission was provided a copy of the Power Point Presentation.
Public Speakers: Rafael Costa; Carmen Centeno; Suzanne Alvarez
Vice Mayor Aelion said with the change in times of technology,paper reading is becoming
less used,how is the Library adjusting to that? Suzanne Alvarez,Assistant Director for the
Miami-Dade County Library,said the public libraries throughout the world are dealing with
how to balance the need for books, and the digital age. We are all working on how to
achieve that balance. They have met with City Manager Russo to talk about improvements
that they want to make in the branch in Sunny Isles Beach. That led to a survey as to what
the residents really want such as do they want more digital products, more books and
programming. And so they are reaching out to the communities to see what the residents
want and to make sure that they offer it. Mayor Scholl said the Library is a cornerstone of
our community, it gets used very heavily, and he is a digital guy. He feels the Library has
done a great job in putting in that balance between the young folks who are used to the digital
medium as a primary access point, and then the folks who still have a book in their hand.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Chabad Lubavitch Russian Center,Inc.for Property Located at 488 and 500
Sunny Isles Boulevard for the Following: (Hearing#PZ2014-13)
Summary:
The Applicant is requesting approval of a site plan modification of the approved Sunny Isles
Beach Jewish Community Center, to include a 28-story condominium tower with 22
residential units on a unified site located at 488 and 500 Sunny Isles Blvd. The Applicant is
also seeking approval of a height variance of 325 feet where 290 feet is allowed and a front
setback variance of 22 feet and 6 inches where 25 feet is required.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting approval of a site plan modification for a 28-story condominium
tower with 22 residential units which contains a total of 101,831 square feet.
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2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a variance to permit a tower from pedestal front setback to be 22'-
6", where a minimum of 25'-0" is required in accordance with Section 265-38 (Summary
Chart B) of the Land Development Regulations.
3. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a height variance to permit a tower height of 325 feet where 290
feet is allowed pursuant to Section 265-37(F)(9)(a)[1]of the Land Development Regulations.
(Deferred from 11/20/14)
Protests 1 Waivers 0 Ex Parte 3
Action: Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk
Hines read a disclaimer for the Zoning hearing,and administered the oath to witnesses noting
that a Protest Letter was received from Joel M.Eastman. Mayor Scholl said he has a conflict
of interest on this item as he personally has some business with one of the developers. He
noted that he filed the appropriate paperwork with the City Clerk,and he passed the gavel to
Vice Mayor Aelion. Vice Mayor Aelion asked if there were any Ex Parte declarations, and
Commissioner Levin,Commissioner Gatto,and Vice Mayor Aelion had each met with Rabbi
Kaller to discuss the Application.
City Planner Claudia Hasbun reported the Applicant is requesting approval of a modification
to a site plan for the previously approved Sunny Isles Beach Jewish Community Center to
add a 28-story condominium tower with 22 residential units on a unified site located at 488
and 500 Sunny Isles Blvd. The Applicant is also seeking approval of a height variance to
permit 325 feet where 290 feet is allowed, and a front setback variance of 22 feet 6 inches
where 25 feet is required. The property located at 488 Sunny Isles Boulevard received a
development order to permit a Community Center under Resolution No. 12-Z-131, and
Resolution No. 2014-2298. The property located at 500 Sunny Isles Boulevard is a City-
owned property and is currently under a purchase and sale contract with the developer of 488
Sunny Isles Boulevard and is proposing to unify both properties and proposed a
condominium tower at the 500 Sunny Isles Boulevard location. The Application is consistent
with the Comprehensive Plan and the Land Development Regulations except for the
variances being requested.
Public Speakers: Rabbi Alexander Kaller;Marissa Amuial,Esq.;Jaime Schapiro,Architect;
Gloria Taft; Regina Gilreller; Audra Jane
Rabbi Alexander Kaller introduced their Attorney Marissa Amuial with Akerman LLP,
representing Chabad Lubavitch Russian Center, Inc. Ms. Amuial described the project and
presented renderings of the property which is uniquely situated on the corner of the south edge
of Sunny Isles Boulevard resulting in a very small odd shaped lot. It is bound on the north by
State Road 826,on the west and the south by water,and to the east is the adjacent Community
Center. The proximity to this elevated State Road greatly impacts the properties. The State
Road is elevated approximately 35 feet, and impacts visibility to the north, and generally
impacts the property in the use, design, noise levels, and experience of the property. This
space was designed by Architect Jaime Schapiro who has worked very hard to create a
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beautiful building on a very challenging,unique parcel. The building will serve as a gateway
as you enter the City eastbound on the Causeway. She introduced Jaime Schapiro to give an
overview of the building, the project, the design, and some of the unique traits about this
building. She incorporated all of the City files associated with this Application, all the
exhibits, and the testimony you will hear tonight.
Architect Jaime Schapiro said they are collaborating with Carlos Zapata, a world renowned
Architect, and he described the property and presented renderings of the project. In order to
harmonize the relation between the Tower to the Community Center, the Tower has been
submitted into five(5)distinctive groups of apartments which relate to the scale of the Jewish
Community Center (JCC). The formal language, materials, and glass color are similar for
both projects. The blue/green that we are applying to both projects will change into a golden
hue at sunset. 500 Sunny Isles Boulevard is a unique building with only 22 apartments. It has
a 9-story artistic water feature in the northeast side fronting the motor court plaza. Because of
the proximity of the building to the bridge,one will be able to experience the building height,
it will only happen from the water and from the bridge. The total height as perceived from the
bridge which is approximately 35 feet high, will be 290 feet above the bridge, giving a total
height of 325 feet. Because of the location it will not cast shadow to any of its neighbors. For
the tower they are providing all required parking on site. It will consist of a motor court plaza,
lobbies on the ground floor with car elevators,mechanical spaces on that floor,and it will be
at the level that connects the building with the Baywalk with a subterranean with two parking
levels. A recreation piece will be on the second and third floors, lounge and business center,
and a covered swimming pool. The first apartment starts on the fifth floor which is exactly
above the bridge. It goes all the way to the 28th floor. The roof has a swimming pool for the
exclusive use of the penthouse, and mechanical including tower.
Marissa Amuial, Esq. said Mr. Schapiro gave a brief overview but she wanted to go through
some more details of this project. This 22-unit building is well within the permitted FAR,
density, and parking requirements. The project has been designed by right except for the
following two variances: first we are requesting a 2 1/2 foot setback variance. The building is
required to have a minimum setback of 15 feet plus an additional setback of 20 feet from
pedestal creating a total setback of 40 feet. Because the property is so small, the 40 foot
setback is very restrictive and the proposed building is currently set back at 37 '/2 feet. Special
conditions and circumstances exist which are unique to the property which is isolated, very
small, oddly shaped, and its proximity to the State Road also makes it a unique parcel. The
40-foot setback will create an undue hardship because of these unique characteristics. The
second variance they are requesting is 35 feet in height for this unique parcel that is very
closely situated to the elevated State Road. The Causeway is approximately 35 feet in height,
and is bounded on the north side of the property. This significantly impacts the first 35 feet
for the floor closely situated to the Causeway. These first few floors we have sight lined to
the north and are significantly impacted, therefore the request for an additional 35 feet will
offset the negative impact of the elevated State Road. These first few floors will not be
visible by the majority of the public as they enter on the State Road. Because the elevated
Road is so close to the building,it will actually appear to be shorter by those 35 feet from the
public's perspective. The height will not affect any abutting neighbors since our neighbors are
only the Causeway, water, and our Community Center. Therefore this property is uniquely
situated in its request for height variances.
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Marissa Amuial,Esq. said in summary,we are requesting approval for this 22-unit residential
building which is well within the required FAR,density and parking. We can actually by right
build over 100 units here and we are only providing 22 units. Because of its unique size and
character it creates a classic scenario for a variance and its proximity to the State Road.
Because we are only proposing 22 units the impact on traffic has been claimed to be de
minimis in our Traffic Study. In fact because we anticipate that so many residents of the
building will use the school and the restaurant in the facility of the Chabad we anticipate that
there will be even less of an impact to the surrounding area. Vice Mayor Aelion opened the
public hearing to hear from residents, and closed the public hearing as there were no other
speakers.
Commissioner Levin asked what is the projected sales price of the units? Marissa Amuial
said they are 4,000 square feet and it is about$800 to $1,000 per square foot,which is about
$4 Million per unit at 22 units. She introduced one of the developers, Audra Jane, who
reported that it is a very expensive building to build because of the challenge of its height.
She was also involved in another building, The Regalia, and this building should be more
expensive because of its structural costs to build on such a narrow parcel. Commissioner
Levin asked why it is more expensive to build on such a narrow parcel from an Engineering
perspective? Audra Jane said first of all it is a site issue because when we stage a project you
need to have more room to build around,and this will be a poured concrete construction and
so it won't be your typical pulled cable. Actually we will have to lay forms and pour concrete,
and when you do that,you have thicker slabs,more weight to the foundation,which means it
is a piling.The other thing about this particular building is that it was important to glaze it on
all sides to bring in the views, etc. On the north side we will have to do some mitigation on
the sound, and so actually the cost of the glass on the north side facing the highway will be
more expensive to glaze.
Commissioner Gatto said she doesn't know if it has been made clear that we can't have one
without the other, they come as a package, and the developer said that is correct. She has
always said these variances are between a science and an art, meaning that she looks at each
opportunity separately. This is an extremely unique situation,the fact is that she spent several
conversations with the Rabbi over the past few years knowing how important the Jewish
Community Center is to him and to the Jewish community. She is really unhappy being in a
position to have to make that kind of decision on a height variance in order for us to get a
Jewish Community Center located in our community. Knowing how the community can
benefit from this, she will support the project.
Commissioner Goldman said she is a great proponent and advocate of the great tapestry of
religious worship and the religious existence,and the various benefits this Chabad Center can
bring to our community which are unmeasurable on many levels. Having said that,the height
is really problematic for her. If it were a stand-alone individual parcel it would have a height
restriction of 200 feet. Because of the unity of title conjoining the two parcels, this project
would have a real height restriction of 290 feet. 325 feet is very substantial,that is a 125-foot
differential, and she recognizes the legality of the unity of title. Marissa Amuial said it is by
right 290 feet and we are really only asking for 35 feet. The buildings are physically
connected,we are really building only one building which will be connected by a breezeway.
Originally the building was double in size, we are really trying to make this work with
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
minimal variance as possible.
Commissioner Goldman said this building has a potential to have an iconic quality but it
could be iconic positive or it could be iconic negative. Marissa Amuial said the building
speaks for itself as a really beautiful, sweet, elegant, modern building compared to the 400
building which is a very bulky building and it loses a lot of visibility out towards the water.
With their building you will not be losing that visibility. Rabbi Kaller said that 125 feet is not
accurate because Parks Towers which is an approved building by Milton and Associates,is on
the same block,same street,the same unity of title and they are at 290 feet and so the variance
we are requesting is actually 35 feet. They realize it is more about the volume rather than the
height,and this is a very skinny and elegant building that is going to be an iconic building for
good, and this will be the first image in sight as the vehicles come into Sunny Isles Beach.
City Planner Hasbun said in answer to Commissioner Goldman's question, yes the 400
building is 201 feet and also Rabbi Kaller had mentioned that Parks Towers has been
approved for two towers being 290 foot towers. Also for the record, this is in Town Center
where we allow for a unified project to have towers with 290 feet. She also wanted to
mention for the record that they have been working with the developer for the last six (6)
months and originally the developer had requested a much higher variance for the Tower,they
were around 385 feet and we were able to work with them to bring it down to 325 feet.
Vice Mayor Aelion said that during his campaign he advocated the importance of the
protection of what we have on the west side,the life style,traffic impact,etc. He has learned
through the last four(4)years that each site plan has to be looked at on its own merits for its
impact,mostly two aspects: one is the life style of the residents, and second is the day to day
life of traffic,etc. He is drawn to the entrances of our City,it has transformed itself. When he
first comes into the City he sees The Regalia which is a beautiful building. When he comes
from the South, besides the Tropicana, we have the towers of the Trump I, II, and III, and
basically when you look at the entrances to the City except the one from the Lehman
Causeway,he sees this project as a positive for the betterment of the whole. Even though this
is an exception with variances being requested, he will be approving the project.
Commissioner Levin said the condominium upon which it will be constructed is now under
contract,the City owns it right now. To not approve the variance would not cause damage to
the property owner at this point because it is only contractual interest. She knows that in the
event the project was not approved, the City would retain ownership of the property. She
understands from her conversation with Rabbi Kaller that this is a joint venture between the
company that would actually build and develop the condominium and the Chabad,and so they
have their own financial arrangements. While she agrees and understands that the property is
unique in size and location, as she said it isn't already owned by the Chabad, it is owned by
the City and so she does not know how much that really plays into it. She also thinks the
unique location of the property being on the bridge as you are coming over,it is really close to
the bridge. She thinks the building is beautiful, she loves the glass and the design. The
setback variance is minor, it is 2 '/2 feet, she understands it is necessary, and so she does not
have a problem with that. She did look at the building itself and the elevation and the height
of the bridge is 35 feet, and the fifth floor which is where the first unit will be 26 feet above
the top of the bridge. The second and third floors are each approximately 16 feet ceiling
Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
height from slab to slab,each unit is 11 feet,slab to slab. Based upon the math it seems to her
that you could lower the ceiling height from slab to slab instead of making it 11 feet, maybe
make it 10 '/2 feet,maybe lower the difference between the top of the bridge and the first unit,
bring it down some,and maybe get rid of one unit,one floor,and make the building fit within
the Code without asking for the variance. Maybe the size of a slab can be decreased,and she
thinks that when proposals like this are made there are business negotiations and everybody
comes asking for more than they are willing to take. Perhaps the developer of the condo,the
contractor for the other side,needs to make some concessions in the amount of revenue or the
amount of profit it is going to earn. Maybe the Chabad needs to make some concessions in
the design, instead of the $15 Million maybe build it for $13.5 Million so that it works for
everybody financially and it can still be done within Code. Architect Jaime Schapiro said in
response,you are right slab to slab is 11 feet,but due to the type of building which is so slim,
those slabs are going to be a foot or over one foot, and he believes the ceiling height of less
than ten(10)feet for$4.5 Million apartment you cannot give a ceiling height of less than ten
(10) feet, and we have to do that because of the type of building which is extremely slim.
Commissioner Levin said if the price per unit is $3.5 Million to $4 Million and the people
who are going to buy here, you expect them to live at the Chabad, then perhaps they have
money that they can contribute to the project so we can make it work with a shorter building.
Rabbi Kaller said he is not an architect but being that he was involved in every step of the way
for the past 11 months, he wanted to bring out a few points. First of all, the Community
Center was never planned to be a$15 Million endeavor. The Community Center when it was
conceived and dreamed upon,this was two(2)years ago and we were not supposed to go over
$10 Million. Today with the construction cost considerably higher than two (2) years ago,
that cost had risen drastically. And yes, as Commission Gatto had mentioned, this is not an
Application for a condominium,this is an Application for a Community Center which needs
this partnership with the developer. Without this joint venture, he doesn't know how many
years it would take them to start the Community Center. We do have about $5 Million in
pledges. This partnership will enable them to almost come to a point of building the entire
Community Center. But as far as trying to trim this building as much as possible, as you
mentioned it is a request for a variance and in this case it is only 22 feet. Another option the
Chabad does have is to stretch the Community Center as is because if we don't have these
funds we will perhaps change the whole thing and build one condominium building on both
lots. This would allow them 103 units with 180,000 feet of FAR which will create traffic,we
are talking about 30 feet height but we are talking about a density which is five(5)times less
than it could be on these two (2) lots. Again, he knows everybody is sensitive about the
height and about these extra 30 feet but in this particular case, this is not a huge building,
because this site is so small and because the construction is so expensive, it is simply not
viable. There is also an issue of parking, there is mechanical parking but the footprint is so
tiny and the building is so slim, every inch of this space is utilized. We did trim three floors
down, 35 feet of the bridge, and so we are asking for approval.
Commissioner Levin said with regard to the ability to build more units,would that in fact be
practicable,or would the unit size be too small that they wouldn't really sell and you wouldn't
build 103 units anyway. Rabbi Kaller said no, they would not be small, if we cannot do that
as a free standing building, in the past two (2) years he has been approached by multiple
developers saying to stretch the Community Center. But he said no because he would like this
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to be a center, a home for the community, not just to be on the bottom floor of a
condominium. To be a free standing home for the community where people can get married,
go to school, etc. But if we were to take two pieces of land and he knows they can do that
without purchasing TDRs,and each unit could be about 1,700 square feet per unit. So when
you talk about 22 units and exceed the Code by 30 feet higher and it would permit them to
build a Community Center,in the long run this project here is so much better and beneficial to
the City. Commissioner Levin asked then if the Community Center would be available to the
whole community, and Rabbi Kaller said yes. Commissioner Levin asked what he expected
to have at the Community Center,are you going to have a room that someone can rent it and
use it, or is it going to be strictly for the Chabad? Rabbi Kaller said it is open to the entire
community and the Community Center would have a ritual bath and make a beautiful spa.
There will be a beautiful restaurant, a preschool, there is no formal membership for the
Chabad,anybody can walk in and anybody is welcome. There will also be a ballroom,as well
as an area for educational programs which are open to anyone that wishes to come in and are
welcome.
Commissioner Goldman asked for a clarification, she is under the impression from these
renderings that the next building over is 200. Can you just give her the table of what is built
there so we can put it in full perspective. City Planner Hasbun said you will have the 500
which is the corner lot where we are seeking the height variance, that one will be 325 feet
high. Then you will have the Tower for the Jewish Community Center which will be 75 feet
in height,and then you have the 400 which is combined of the Pedestal and two towers,those
are 201 feet,then you have the Miami-Dade Water Sewer,and then the Park Towers at 290 on
the east side. You are looking at 325, 75, and 200 feet. Commissioner Goldman said the
easement, the water taxi, that is part of that also. Ms. Hasbun said we have not worked out
exactly the specifics but it is embedded in one of the conditions of the Resolution. The
boardwalk in the back is a requirement as well which will tie into the 400 Sunny Isles
Boulevard Project,and so we will have a baywalk essentially from Collins Avenue,the initial
St. Tropez projects, all the way to 500 Sunny Isles Boulevard.
Commissioner Levin moved and Commissioner Gatto seconded a motion for approval,
subject to staff conditions. Resolution No. 14-Z-149 was adopted by a roll call vote of 4-
0-1 [Mayor Scholl abstained] in favor.
Vote: Commissioner Gatto yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Aelion yes
Mayor Scholl abstained
[City Clerk's Note: Vice Mayor Aelion passed the gavel back to Mayor Scholl, and the
Commission took a five-minute break after this item.]
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6B. Request of TNG Holdings LLC for Property Located at 16800 Collins Avenue for the
Following: (Hearing#PZ2014-15 —Project: Cornfeld West)
Summary:
The Applicant is requesting approval of a site plan application for a 26-story tower including
a condominium use with 122 residential units and a hotel use with 150 units with a combined
total of 335,000 square feet of Floor Area Ratio ("FAR"). The Applicant is requesting
approval of the purchase of 77,307 square feet of floor area and 28 units from the City's
Transfer of Development Rights Bank("TDR Bank").The Applicant is seeking approval of a
height variance of 289 feet and 2 inches and 26 stories where 170 feet and 15 stories are
allowed.Also the Applicant is requesting a pedestal height variance of 54 feet where 50 feet
are allowed.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting approval of a site plan application for a 26-story tower with a
condominium use with 122 residential units and a hotel use with 150 units which contains a
total of 335,000 square feet of FAR.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting the utilization of public TDRs in the amount of 77,307 square feet
of floor area and 28 dwelling units. An adjustment to be made for a decrease 77,307 square
feet of floor area and 37 dwelling units in the City's TDR Bank.
3. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a height variance to permit a tower height of 289 feet and 2 inches
and 26 stories where 170 feet and 15 stories are allowed pursuant to Section 265-
37(F)(9)(a)[2] of the Land Development Regulations.
4. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a height variance to permit a pedestal height of 54 feet where 50
feet is allowed pursuant to Section 265-37(F)(9)(a)[2] of the Land Development Regulations.
(Deferred from 11/20/14)
Protests 0 Waivers 0 Ex Parte 0
Action: Deferred indefinitely by the Applicant.
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 104-4.4 of the City Code Relating to"Art in Public Places"to Require Payment
of a Ten Percent(10%)Nonrefundable Deposit for the Cost of the Art Work;Providing
for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for
an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this
Ordinance requires Applicants who make a monetary contribution to provide a 10%
nonrefundable deposit for"Art in Public Places".
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading,public hearing will be held on Thursday,January 15,2015,
at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Aelion yes
Mayor Scholl yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 265-35 of the City Code Relating to"Optional Design Flexibility Side Setback"
to Require Payment of a Ten Percent(10%) Nonrefundable Deposit for the Optional
Design Flexibility Setback; Providing for Severability; Providing for Repealer; Providing
for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this
Ordinance requires Applicants to provide a 10% nonrefundable deposit for option design
flexibility side setback for parcels 211 to 299 feet in width.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading,public hearing will be held on Thursday,January 15,2015,
at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Aelion yes
Mayor Scholl yes
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 183 of the City Code Relating to "Licenses and Permits" to Confirm
Permitting Requirements for Certain Work and Activities within the City;Providing for
Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported that
this Ordinance takes the language from the Florida Building Code and puts it into our City
Code. We would also like to include an amendment under the stop work provision of the
Ordinance that includes the City Manager. The City Manager lives in the City and he is here
nights and weekends. If there is something going on without a permit or are in violation of
this Ordinance, we want him or his designee along with the Building Official to be able to
issue a Stop Work Order.
Public Speakers: None
Commissioner Levin said she has met with residents of Golden Shores and one of the items
they brought up is that sometimes the Semi Trucks set on 185th Street and block the lane,
they set there for an amount of time with engines running and polluting the air. She wants to
make sure that they are allowed to do that, or do they need a permit? It was stated that they
are allowed to sit idling for up to 15 minutes.
Commissioner Gatto moved and Commissioner Goldman seconded a motion to approve the
proposed Ordinance on first reading,as amended. The motion was approved by a roll
call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
January 15, 2015, at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Aelion yes
Mayor Scholl yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 212-4"Property Maintenance"of the City Code to Prohibit the Accumulation
of Stagnant Water in Commercial Parking Lots and Other Commercial Paved Surface
Areas; Providing for Severability;Providing for Repeal of Conflicting Provisions;Providing
for Enforcement; Providing for Inclusion in the Code; and Providing for an Effective Date.
(First Reading 11/20/14)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported this addresses a
recurring issue of stagnant water in commercial parking lots. The purpose of this Ordinance
is to require commercial property owners to remove stagnant water in excess of two (2)
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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.]
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring
Jeanette Gatto as Vice Mayor; Providing for an Effective Date.
Action: Mayor Scholl thanked Vice Mayor Aelion for serving as Vice Mayor for the last
couple of years. He said he wants to go back to the tradition of rotating the Vice Mayor from
time to time. He nominated Commissioner Jeanette Gatto to serve as Vice Mayor.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014-2362 was adopted by a voice vote of 5-0 in favor.
10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
Appointments to the City Advisory Committee for Calendar Year 2015;Providing for an
Effective Date.
Action: Deputy City Clerk Mauricio Betancur reported noting that three(3)new members
have been appointed to the Committee. The members of the Committee are: Chairperson
Jeniffer Viscarra;Members: Michael Ducote,Howard Gordon,Gregory Korchmar,Bernard
S. Meyer, Suzanne Spiliotis, and Marianna Talalaevsky.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2363 was adopted by a voice vote of 5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Appointments to the Historic Preservation Board for Calendar Years 2015 and 2016;
Providing for an Effective Date.
Action: City Clerk Hines read the title and reported. The members of the Board are:
Chairperson Jorge Camaraza; Members: Shari Blank, Loretta de Vries, Maynard Mast,
Natalie Minervina, Warren J. Stamm,and Ari Steiger. Mayor Scholl noted his house is the
historic residence in the City, and so he has been heavily governed for many years.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014-2347 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding
Request for Proposals No. 14-07-01 and Entering into an Agreement with Lynx
Construction Management for Major Maintenance and Repairs to Government Center,
in an Amount Not to Exceed $2,200,000.00 from the Total Contract Amount of
$2,871,792.66, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported.
Public Speakers: None
Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2348 was adopted by a voice vote of 5-0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding
Request for Proposals No. 14-07-01 and Entering into an Agreement with Lynx
Construction Management for Government Center Generator Upgrades,in an Amount
Not to Exceed $571,792.00 from the Total Contract Amount of$2,871,792.66, Attached
Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Agreement;Authorizing the
City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title,and Public Works Director Bill Evans reported this
is to upgrade the 500 kilowatt generator we currently have in place to a 1,000 kilowatt
generator. This includes the upgrades to the panels,boxes,and salvaging the generator that
is there and purchasing a trailer to put it on so it can be used as a backup at Pelican
Community Park should the need arise.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2349 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding
Request for Proposals No. 14-07-01 and Entering into an Agreement with Lynx
Construction Management for Repairs to Pelican Community Park and Heritage Park
Facilities, in an Amount Not to Exceed $100,000.00 from the Total Contract Amount of
$2,871,792.66, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported
noting that they have a delamination problem at the Heritage Park Garage as well as at
Pelican Community Park.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2350 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Sixth Amendment to the Agreement with Lukes-Sawgrass Landscaping, Inc. for
Professional Landscaping,Irrigation and Arborist Services,in an Amount Not to Exceed
$250,000.00; Authorizing the Mayor to Execute Said Amendment; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title,and Public Works Director Bill Evans reported that
this is for certain projects and pointed out Project#5 to show you that we do get value with
the contract we have with Lukes. We put out a Bid for tree removal and relocation for 174th
Street,and we received bids in the amount of$128,000 up to over$300,000. We contacted
Luke's to see what kind of number they would offer us and they had indicated that they bid
the project and gave the number of$74,000 to Green Source Landscaping. We asked how
this lines up with our maintenance agreement and they said it lines up perfectly,and so they
gave us the number and a proposal. When we reached out to them,they said the maintenance
number,which was over$4,000,would not be charged to the City,and so it dropped down to
about $59,000 which is about $53,000 less than the lowest bid that we had received.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2351 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding
Bid No. 14-10-02 to and Authorizing the City Manager or Designee to Enter into
Agreements with Southern Underground Industries, Inc. for Small Construction
Projects at Various City Facilities and Locations,Provided that the City Attorney Review
Such Agreements for Form and Legal Sufficiency, Attached Hereto as Exhibit "A";
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title,and Public Works Director Bill Evans reported that
this gives us flexibility to make things happen quickly so that we can get things repaired. He
had listed some projects that need to be taken care of,these are all high priority projects that
are not very big that we can utilize this contractor through the bid items listed.
Public Speakers: None
Vice Mayor Aelion asked what his measure of a small project is monetary wise, and City
Attorney Ottinot said under State law anything over$200,000 has to be formally bid. Vice
Mayor Aelion asked if this would impact the budget,and City Manager Russo said it should
not impact our budget. The only thing that could come up is if we get a project that we were
not aware of, for example this issue at Heritage Park. As soon as we have the number, we
will know if we have enough money or if we need to appropriate from the Capital fund.
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2352 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Transfer of Development Rights("TDRs")in the Amount of 77,307 Square Feet of
Floor Area (FAR) and 28 Dwelling Units to TNG Holdings LLC for the Property
Located at 16800 Collins Avenue from the City's TDR Bank Account; Directing the
Zoning Administrator or Designee to Transfer the TDRs from the City's TDR Bank Account
in Accordance with Zoning Resolution No. ; Authorizing for the Adjustment and
Modification of the City's TDR Bank; Providing the City Manager and City Attorney with
the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
(Deferred from 11/20/14 - Hear in Conjunction with Item 6B)
Action: Deferred indefinitely by the Applicant.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Public School Concurrency Proportionate Share Mitigation Development Agreement
Between the School Board of Miami-Dade County and PMG-S2 Sunny Isles,LLC, in
Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All
Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective
Date.
Action:City Clerk Hines read the title,and Zoning Administrator/Planning Manager Claudia
Hasbun reported. She said staff is requesting approval for this Agreement subject to
continuing negotiations to ensure that the funds are allocated to school projects in the City.
In Section 4 of the Agreement it indicates"It is the intent of the School District to locate the
School Project within the City proper." This language is too broad, and the City Manager
and the City Attorney are working to clarify the language to confirm that the funds will be
allocated for school projects in the City.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014-2353 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item 10K was heard after Item 9A. The agenda was heard in order
after this item.]
10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Request Submitted by Dezer Bluegrass,LLC("Residences by Armani Casa")for a
Temporary Sales Office Structure, Subject to Certain Conditions; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action:City Clerk Hines read the title,and Zoning Administrator/Planning Manager Claudia
Hasbun reported this is a request for a temporary sales center to be located at 18325 Collins
Avenue. It includes a new single story building with 8,114 square feet, and will consist of
offices and a unit model for the Armani Casa project. She stated that the project has not been
approved by the City Commission, and therefore the Applicant has agreed to submit a site
plan application to them no later than September of 2015. She also noted a typo in the report
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
in condition 6, as well as the Resolution. It should be three (3)months not six (6)months.
Public Speakers: Warren Stamm
Warren Stamm representing Dezer Bluegrass, LLC introduced his team, and presented
renderings of the project. He said they will be providing twenty(20)on-site parking spaces
on the project. Ms. Hasbun clarified that there are Twenty-Seven (27) parking spaces
because they are based on square feet, and Mr. Stamm agreed. He reported that this is a
joint venture by Dezer Development and The Related Group. He said the combined visions
of Gil Dezer and Jorge Perez are bringing together another project that will raise the bar and
complement the luxury living enjoyed by the residents of Sunny Isles Beach.
Mayor Scholl suggested that they talk to their neighbors at Ocean II regarding the actual
project when they come back in the future for site plan approval.
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2354 was adopted by a voice vote of 5-0 in favor.
10L. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Grant Agreement from the Florida Division of Cultural Affairs Granting the City
$500,000.00 for the Gateway Park Performance Area,Attached Hereto as Exhibit"A";
Approving the Restrictive Covenant Declaring Gateway Park as an Open Space,Park
and Cultural Facility,Attached Hereto as Exhibit"B";Authorizing the Mayor to Execute
Said Agreement and Restrictive Covenant;Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Russo reported that this is a
requirement of the Grant that we got through Senator Margolis and the State for$500,000 for
Gateway Park. One of the requirements is that we have a Restrictive Covenant that it will be
used as a park for at least ten (10)years.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2355 was adopted by a voice vote of 5-0 in favor.
10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
Budget Amendment No. BA1314-07 to Fiscal Year 2013/2014 Budget for
Reclassification of Budget to Reflect Actual Expenditures at End of Fiscal Year
2013/2014,Attached Hereto as Exhibit"A";Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported
noting this is a housekeeping item for the end of Fiscal Year 2013/2014. This was the final
budget amendment necessary to complete our Audit.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2356 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
10N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
an Interlocal Agreement with the State of Florida, Office of the State Attorney for the
Eleventh Judicial Circuit of Florida to Reimburse the State for the Cost of State
Attorney Prosecution of Certain Criminal Violations of the Code of the City of Sunny
Isles Beach for Fiscal Year 2014/2015;Authorizing the Mayor to Execute Said Agreement;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2357 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, Directing
the Zoning Administrator to Administratively Close a Private Transfer of
Development Rights("TDRs")Sub-Account for Temple B'Nai Zion;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 Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2358 was adopted by a voice vote of 5-0 in favor.
1013. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Donation to Joshua's Heart Foundation for their Fundraising Efforts at Jazz Fest 2014,
in the Amount of$1,000.00; Authorizing the City Manager To Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported noting this is the first year our total expense was under $20,000.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014-2359 was adopted by a voice vote of 5-0 in favor.
10Q. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Resolution No. 2014-2284 Establishing a Schedule for City Commission Meetings for
Calendar Year 2015 by Abolishing the Scheduled Workshops;Providing for an Effective
Date.
Action: City Clerk Hines read the title,and reported. Mayor Scholl noted this was the issue
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
that he brought up at the beginning of the meeting. We are not going to have Agenda
Review Workshops any more.
Public Speakers: None
Commissioner Levin said workshops came up once before, isn't it in the Code that anyone
on the Commission can call for a Workshop? City Attorney Ottinot said yes, procedurally
any Commissioner can call a workshop. Vice Mayor Aelion said if there is a majority of the
Commission that wants to have a workshop that does not conflict with this Resolution,
correct? City Attorney Ottinot said correct,under the Code of Procedures any Commissioner
can call a workshop,and the City Manager can call a workshop. Mayor Scholl clarified that
we already passed these workshops and so all we are doing is saying we are not having these
workshops.
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014-2360 was adopted by a voice vote of 5-0 in favor.
10R. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Attorney to Retain Miguel Degrandy,Esq.of Holland and Knight to Represent
the City Clerk in the Case Styled Lewis J. Thaler v. George "Bud" Scholl, Penelope
Townsend, in her Capacity as Supervisor of Elections of Miami-Dade County, and Jane
Hines, in her Capacity as City Clerk of Sunny Isles Beach; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Mayor Scholl said he is going to withdraw from
this item as Lewis Thaler was his opponent in the Mayor's race and since the Election,he has
sued him,the City and the County.He passed the gavel to Vice Mayor Aelion. City Attorney
Ottinot reported that this case was filed on an emergency basis, and he has authority to hire
outside counsel on behalf of the City Clerk. Realizing now that the case will probably
proceed, he wants to make sure he has sufficient authority with respect to cost.
Public Speakers: None
Commissioner Gatto said that number could potentially increase, and City Attorney Ottinot
said in terms of cost based on the Procurement Code, he has authority up to $25,000.
Litigation is not cheap and so it may exceed that. Vice Mayor Aelion said things can happen
and anyone can sue anyone else but the fact that the City's taxpayer's money is going to be
expended, he just wants to go on record that this saddens him.
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014-2361 was adopted by a voice vote of 4-0-1 [Mayor
Scholl abstained] in favor.
11. MOTIONS
None
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
12. DISCUSSION ITEMS
12A. Add-On:
Discussion to Develop a Policy for Publication of Articles by Members of the City
Commission in the Community Newspaper.
Action: Withdrawn/deferred.
12B. Add-On:
Discussion regarding a Bike-Share Program.
Action: Commissioner Levin said when she was first elected to office she had met with Bill
Evans and Susan Simpson,and she believes this was in March of 2013,they met with Deco
Bike who operate the Bike-Sharing Program in Miami-Dade County,and they also met with
Broward B-Cycle that operates the Bike-Sharing Program in Broward County. The City of
Miami just started a Bike-Sharing Program under"Citibike", as Citi Bank is sponsoring it.
We are a small City, we have issues of transportation, of cars, and if you look at this as a
short-term issue or we don't want to be inconvenienced then we are not looking to the future
in getting people to stop using cars as modes of transportation.
Commissioner Levin said that right now Deco Bike goes up as far as Bal Harbour, and
possibly they may have a station in Haulover. Broward B-Cycle goes as far south as the
Water Tower in Hallandale Beach,and so we have a link. If Sunny Isles Beach participated
in the Bike-Sharing Program we can link Miami-Dade and Broward Counties. She spoke
with Eric Soroka who is trying to get a meeting with Deco Bike to look into the feasibility of
putting in Bike-Sharing Stations in the City of Aventura. The Dezers just started something
called the "Five Stars Club". It is for the public and they are trying to promote it to their
tenants and they own Intracoastal Mall. If you go to www.fivestarclub.com and sign up you
can get discounts at the restaurants,the dry cleaners,and whoever is participating at the Mall
and at the Car Museum. She called Gil Dezer and asked him if he would be interested in
having a Bike-Sharing Station at the Intracoastal Mall that you could connect with other
cities, and he said yes, he would be happy to look into it. She also knows that as part of the
Bike-Sharing Program, we could put out an RFP to have somebody sponsor our Program,
and we can reach out to developers.
Commissioner Levin said another benefit is that we can agree to have as many or as few
bikes as we want, and obviously the numbers would have to be looked into like how many
stations do we have to have, how many bikes at each station, etc. The station at the Water
Tower in Hallandale have only three(3)bikes. We can take a bike over Lehman Causeway,
we can go to the mall, we can bicycle over to Aventura, they can bicycle over here, we can
start participating in getting cars off the streets and educating people to use other modes of
transportation. She noted that she has given everyone some materials, the station location
guides materials that Susan Simpson had kept from our meetings. One of the things that
Susan Simpson had in her file was the bicycle trail on Sunny Isles Beach, and she went on
the website today to see if it had been updated and it is not there anymore. She gave
everybody an article that was in the Miami Herald about the Miami program, and there was
another investigative report on Bike-Sharing in Europe, and different ways to structure it.
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Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
Commissioner Levin said her proposal is to ask the City Manager to look into a Bike-Sharing
Program. She would like to see if it would work, and she would love to see a station for
Broward B-Cycle and for Deco Bikes at Heritage Park,to make that connection from Miami-
Dade to Broward County. It would be up to the Commission to decide how many stations we
have and where we can have them throughout the City and get involved in participating in
something like this for the future. It wouldn't happen overnight,and she is sure that the City
of Miami spent a long time putting together their program. She would hate to say that Sunny
Isles Beach doesn't do it because they don't want to without actually looking at the data and
coming up with a feasibility study to see if it would work.
Commissioner Goldman said she doesn't know if this is a little of the cart before the horse,
from a liability or risk management standpoint. The streets are somewhat dangerous and we
don't have control over Collins Avenue,our main thoroughfare,and how the roads are cut up
and where these routes will be established and whether there would be any liability to the
City. We all know how dangerous the roads are and how hazardous our conditions are,
whether or not this is timely or if more feasibility needs to be established into the routes.
Everybody would love a bicycle route but where are they, how do they exist, and what kind
of risk management exists? Commissioner Levin said she understands all of that,that would
be part of the program,and North Bay Road is set up for bicyclists. Commissioner Goldman
asked how many people really use bicycles in Sunny Isles Beach, and Commissioner Levin
said she doesn't know,the condos do not have a place to store a bicycle, and if they do it is
outside and the salt air gets to them. Commissioner Goldman asked if the City sponsors it,is
that an endorsement of some sort or does the responsibility go to the City? Mayor Scholl
said that would have to be figured out by the staff.
Vice Mayor Aelion said Collins Avenue is a State Road and we are not permitted to such
sharing use,is that correct? City Manager Russo said it is permitted wherever they designate
it, and frankly, when you get somewhat south of the City, he is not sure where that is. He
rides his bike to Hollywood and back on Collins Avenue, and after he crosses Lehman
Causeway it diverts us into a lane of traffic and then he does not know for sure how they are
designating it from that point. He asked Cultural and Community Services Director Susan
Simpson if she has been more involved with where that designation is,and she said she heard
it goes interior,Golden Shores,and then North Bay Road. City Manager Russo said what we
are talking about is to see if we can get that validated somehow to at least get the bicycle
route to Publix and get it on North Bay Road all the way down to 174th Street but he doesn't
think we have anything officially designated. Vice Mayor Aelion said when you come off
from Lehman Causeway into Golden Shores,you still have to go on Collins Avenue and cut
in and then go to the sidewalk. City Manager Russo said when you come off the Causeway
you are on that side of the street, you follow literally the bike route from Hallandale into
Sunny Isles Beach, you are left right in the middle of Collins Avenue.
Commissioner Gatto said she is a fan of bike riding because she lived in a City where there
was nothing but bike riding for many years but thinking about our situation,you mentioned
about going to the mall. Is that for pleasure or getting cars off the road, meaning in lieu of
shopping, getting into your car and doing shopping because she thinks it would be hard for
people to do errands in place of cars. She also thinks it is very hot outside and so you would
have to wear special clothing to do this. If you are thinking about doing shopping, not
22
Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
bringing your car but bringing your bike, it could get complicated. The biggest point she
wants to make is that we voted to ban skateboards, segways, scooters, etc. off of Collins
Avenue and Sunny Isles Boulevard, and to then increase bike traffic which would include
Collins Avenue seems counter intuitive to her. Commissioner Levin said she thinks there is
plenty of time to do that and that is why she thinks we should do a feasibility study. We have
some data that we can look at, and then make a decision based on real data rather than what
if,and emotions,because part of this is looking into the future. Commissioner Gatto said she
just wants to know if there is a need, are there people there that will actually not get in their
cars and go shopping on a bike with a basket in 90 degree heat in the summer time. She just
thinks it would be a mindset that would take a couple of years to change in the community.
Commissioner Levin said we have to start someplace, she would hate to see everything fall
through the cracks because we can't cooperate or we don't get involved by joining the two
counties or the surrounding areas getting involved with the Bike-Sharing Program, and we
get left behind. That is why she is saying if there is a feasibility study and we can work
something out with a bike path to go around the back on North Bay Road because she always
thought that North Bay Road was marked for bicycles, and there are signs out there now.
Lewis J. Thaler said actually North Bay Road was designated as a bike path. If you go back
on the records about five to six years ago you will see the sidewalk on North Bay Road was
enlarged. The Bike Path which was designated at that time was to go from Heritage Park all
the way to Sunny Isles Boulevard when the bridge would ever get built. It was designated
and we opened it by riding from where the School is to the Park. There was an opening of
the Bike Path just to get it started. There was supposed to be signs, and he thinks there are
signs up on North Bay Road.
Mayor Scholl said until we find a clear path for folks to traverse the City safely,we have got
to be careful promoting this. He voted against the sidewalk ordinance and he was pretty
vocal about it, and we said we do not want anything on the sidewalk that would impair
pedestrians. Ironically we excluded bicycles but included skateboards, segways, etc. His
point is that he knows we designated it in the past but you still have to go back out to Collins
Avenue between Golden Shores and the School,and then you have to go back out to Collins
Avenue between the end of North Bay Road where Winston Towers is and then go back
behind Epicure. It is very difficult to create a bike friendly City with those constraints. He
completely agrees that it is very meritorious to link up the communities with the bike
stations. He just doesn't know if our community is well situated right now. What he would
like to study is how do we make it bike friendly before we agree to put bicycles out on the
streets. He would look at, with the constraints that we have, can we really give people safe
passage and keep them off the sidewalk. Putting them on the sidewalk on Collins Avenue
defeats the whole purpose of what was passed,and that is really why he argued against it in
the first place because he didn't think we had addressed the problem holistically, the
segways, the skateboards, and the things on the sidewalks. He agrees with Commissioner
Levin in principal in the overall scheme of things but he thinks we have homework to do.
Commissioner Levin said that is part of the feasibility study, we have to figure out a plan to
make it work like the City of Miami did. People are going to ride on the back streets, it is
only a block on Collins Avenue by Golden Shores, and a block by Epicure. Mayor Scholl
said he thinks the issue is when somebody comes from outside the community,and they want
23
Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
to ride from Bal Harbour to Hollywood, unless we have a clear designation throughout our
City on how to traverse it,they are going to be on Collins Avenue taking their life into their
hands.That is the issue,and he would agree to ask staff to look at our capability of doing that
in a safe manner for folks that are not so familiar with the City. Clearly, when the bridge is
done and the pedestrian bridge is up on 163rd Street,we have connected about 2/3rds of the
City that way. North Bay Road is going to be problematic by the School until that lot gets
developed and something goes through there. In the meantime, the question is could we
reroute folks safely. His gut tells him it is tough because they drop us off at Lehman
Causeway in the median for a reason because nobody wanted to mess with that planning
from FDOT in the first place.
Commissioner Gatto said she did some homework and she discovered that Bal Harbour and
Coral Gables disallowed bikes in their business district area which she is assuming is where
their commerce is. And so she called the Police Chief to see,because she knows that FDOT
does not allow us to ban bicycles,and she was wondering how Bal Harbour got away with it.
As it turns out,they had to modify that Ordinance and take it back,but in the meantime she
was thinking that if we ban bicycles in the business district from Navarro to the gas station
on 163rd Street,then she may be willing to expand the skateboard segway bicycle scooter rule
to then allow that in the non-business areas which is down by Intracoastal Park and north of
Navarro. But trying to figure out a way where we could avoid the sidewalk with bikes, and
then making everything happen on the outside of the business district. Mayor Scholl said it
is the function of enforceability,you change it from block to block and drive the staff nuts.
He thinks what we are hearing is that staff should look at the possibility of creating a City
Bike Path through the City and if that is feasible or not and if we can really get folks to
traverse the City safely.
Commissioner Levin said currently in the Code if somebody is going to build on Collins
Avenue they have to put in a landscaping easement,etc. What if we take some or all of that
landscaping easement, or somehow configure it so they will widen the sidewalk in certain
areas? Mayor Scholl said that would have been good about 15 years ago, that would have
taken some foresight years ago, in the early years we were extremely developer friendly and
we were probably less focused on those issues from the quality of life standpoint.
Commissioner Levin asked if there was any way we can construct it to make it work going
forward? Mayor Scholl said the problem is that we don't have the contiguous properties,on
a patch work basis it is much tougher. Our Master Plan has a consistency of the sidewalks
the way they are laid out.
Commissioner Levin asked the City Manager if we can get that report within the next 60 to
90 days, and Mayor Scholl said to give them 90 days because they have to get an expert to
sort it out. If there is an issue with it staff will come back to the Commission in 90 days to
let us know.
24
Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
12C. Add-On:
Discussion regarding Beach Erosion.
Action: Mayor Scholl said we had talked a little bit earlier today about our beach erosion
that is quite apparent recently. Vice Mayor Aelion said on behalf of what we just heard
about having foresight, biologically the life cycle goes through a progress of erosion but
nature has a different application. In 1998 the Florida Legislature came to the realization that
our beaches which is our main attraction as a tourist destination,being severely eroded as the
function of time and so the Legislature passed Bill 161.01 in which they created the Florida
Department of Environmental Protection(DEP)to institute a program called the BMFAA in
which funds are budgeted and allocated for use by local governments to do a dollar match for
the use of beach renourishment. We are victims of such erosion as a function of time. He
has had meetings with staff to try and brainstorm initially before bringing it to the dais
tonight about rebirthing because such measures were taken a few years ago by us either
through the County or self-propelled through our Lobbyist Ron Book to get funds from the
State to be able to have beach renouishment application to our beaches. Tourist destinations
specifically hotels on the beach are really suffering because of beach erosion. After meeting
with staff City Manager Russo had pointed out that it would be a good idea to start and probe
into this possibility of making sure that no Codes or actions have been taken by the State to
have the County oversee any such application. If that is not in place, then what he is
suggesting is for us to spearhead for our own City the effort to ask the State to allocate
monies,because there is an allocation of certain funds today specifically$541 Million have
been allocated for such purposes [he distributed a flyer]. We have 226 miles of beach that
has been renourished as a result of this program. We have specifically been victimized by
the fact that on our south end,Haulover Park has a jetty that has been there for years and that
harbor. The wind brings the ocean current in from northeast to southwest and all the sand is
accumulated right there at the corner. There is a project that is about to be undertaken by the
County and that project includes the building of a new pier instead of the jetty that is going to
make better the situation and the other school of thought is that it may worsen it. He doesn't
think we should wait to see the impact of that but we should really spearhead that effort.
City Manager Russo said that Vice Mayor Aelion had covered it well combined with the
comments that the Mayor made at the beginning of the meeting. He thinks we have got a
number of areas that we need to investigate here,the funding and the controls that may help
reduce the impact when we have a storm, and we can move forward.
Commissioner Levin said we give the developers a benefit if they build a park on the beach
behind or between their condos and they put grass in there, does that help? Mayor Scholl
said the dunes make a big difference. Planning/Zoning Administrator Claudia Hasbun
clarified that is an easement that we require. Commissioner Gatto said this has been
discussed over and over again. She likes the long range take on this, and she likes Vice
Mayor Aelion's idea to take the lead on this.
Mayor Scholl said we all recognize the problem independently and so he has had discussions
with the City Manager over the past month and basically he has broken it down into three
areas,and two of them are mitigation,and one of them speaks to Vice Mayor Aelion's point.
The mitigation areas are, and for the record,we cannot afford to undertake the renourishing
of the beach. It would bankrupt the City, it is very expensive,we can afford to advocate for
25
Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida
it from the agencies that do that and that is where Vice Mayor Aelion is coming from and he
is absolutely right. But we could afford to possibly put some mitigation in that helps slow
down the erosion. Mitigation, and we don't have expertise in this area. He and the City
Manager have talked about hiring an oceanic or geological engineer who understands this.
For instance,if you put an undersea rock jetty 300 or 400 feet off shore,would that undersea
rock jetty create any kind of a barrier that would break that down? The other piece might be
can we put a rock jetty like at Haulover under the Pier, and at least about half or two-thirds
down the City that mitigates the sand shifting all the way down into Haulover. Because that
is really what happens Haulover doesn't have the problem because every time that sand
wants to shift to the south and Haulover has always been beaches. So the point is that we
have a three-prong attack which might be an undersea technique,a jetty mitigation technique,
and also going after our State and Federal Agencies that could undertake the beach
renourishment projects. We all understand what is out there, especially this time of year
when a storm gets exacerbating because behind folks buildings a lot of times that beach
erodes very quickly, it comes back but it never comes back to the same place it was when it
started eroding. He thinks the City Manager has a clear indication of what we are looking for
and he would hope that he would undertake looking into some of those issues.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Levin moved and Vice Mayor Aelion seconded a motion to adjourn the
meeting, and Mayor Scholl adjourned it at 9:30 p.••.
Respectfully submitted by: Appro ed by t City Commission on Jan. 15, 2015
4111bb■e.�
Jane A. Hines, MMC, City Clerk George • . Scholl, Mayor
26
1/9/2015 Item Coversheet
;�N4Y tst City of Sunny Isles Beach
- , , 18070 Collins Avenue
(E -
� � ' ,� ; Sunny Isles Beach, Florida 33160
X f41 Q1' (305)947-0606 City Hall
y`�r, ,` F LO �,0 4 (305)949-3113 Fax
rt ox svp+ ,0
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Jane A. Hines, MMC, City Clerk
DATE: 1/15/2015
RE: Summary Minutes for the December 18, 2014 City
Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the
December 18, 2014 Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Description
Summary Minutes
Item Number: 3.A.
1/1
http//sunnyisles.novusagencia.com/CoverSheet.aspx7ItemID=1540
•
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME
t NAL OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
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MAILING ADD ESS THE BOARD, OUNCIL,COMMISSION,AUTHORITY OR 'MMITTEE ON
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CITY A;0 N — pOCITY S O COUNTY OTH E C 7 R LO
CA-L AGENCY
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DATE ON VOTE OCCURRED `Z ` _,( t 14— MY po Sm
IS:
ty0 ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for 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 voting on 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 or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 183.356 or
183.357, F.S., and 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, brother,sister,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).
w • • • • * * • * • * • • • •
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 min-
utes of the meeting,who should incorporate the form In the minutes.
*` • * ♦ * * * * * * * * t * * *
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 WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will Incorporate the form in the minutes. (Continued on other side)
CE FORM 8B-EFF.1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• 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.
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 of 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.
��DIIS�CLOSURE OF LOCAL OFFICER'S INTEREST
I, ( 7t9Z(.s9f .. mod °' u-- ,hereby disclose that on l ,20 147
(a)A measure came or will come before my agency which(check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative,
inured to the special gain or loss of ,by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the natu of my conflicting int • the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
I
/
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COM ITTEE
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITI OR COMMITTEE ON
3?,(1 7 1A'O-r-'C (�/ _ WHICH I SERVE IS A UNIT OF:
CITY [�L�TT'� �`COcUNTLp -14 NAM OF POLITICA SUBDIIVIJSIwON: �+ �.❑/OTHER LO�CA�LjA�G,ENCY
DATE ON WHICH VOTE OCC Rip � �•-C-,, ,//,�L + SIT n,V ? l\LZ��+iEAdE i
' MY POSITION IS:
b/jV` 7/ ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for 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 voting on 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 or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and 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, brother, sister, 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).
4 t f f • t t ♦ • f k Y • t f
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 min-
utes of the meeting,who should incorporate the form in the minutes.
f f f t 4 f ♦ ♦ f 4 f • f f f
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 WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B-EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• 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.
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 of 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.
C,,� �IDISCLOSURE OF LOCAL OFFICER'S INTEREST
I, (/O z i G f �C. Q LL_ , hereby disclose that on Ts)f E MJ J. 1 }5 ,20 ey. :
(a)A measure came or will come before my agency which(check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 1/2000 PAGE 2