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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 ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 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; 2 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida 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. 3 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida 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 4 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida 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. 5 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida 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 6 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 8 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida 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.] 9 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida 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. to 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 11 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) 12 Summary Minutes:Regular City Commission Meeting December 18,2014 City of Sunny Isles Beach,Florida inches for a period exceeding 24 hours after the most recent rainfall. He noted that he spoke with Vice Mayor Aelion who had requested that the water be in excess of six (6) inches rather than two (2) inches. Public Speakers: None Vice Mayor Aelion said to be more objective and to allow for more than two(2)inches and he had suggested six(6)inches. Deputy City Manager Morris said one of the issues that we are going to have regardless if it is two (2) inches or four (4) inches, it is going to be the enforcement of it. We were going to propose a friendly amendment of eliminating the measurement. We have a definition of stagnant water and we should just work off that strict definition. We would also like to eliminate the strict requirement regarding"commercial" and just make it parking lots as a group because it is possible that we can have stagnant water in any parking garage and we don't want to relegate it to just commercial. Vice Mayor Aelion said it all depends on the scenario, now this is defined on commercial properties. If you say"any"it could be left at the discretion of staff,however,unfortunately it could happen if you have a flooding of sewers and water,and then you have to apply this to a certain Code and then it is an issue. When you limit this to commercial which is really the places where we have our livelihood, the day to day where we are going shopping, to restaurants, etc. This Ordinance is very well placed and he thought on the contrary that this would be a positive tool for staff to have the height to go up. Mayor Scholl said he is hearing that staff is not agreeing with you, and staff is asking that this be modified to accommodate their needs. City Attorney Ottinot said when they were asked to do this Ordinance, they researched it and researched similar ordinances, and the Ordinance has to be drafted in a certain way. Mayor Scholl said let's table it for now so we can make it clear. If the City Manager is in charge of enforcing it, and we have to put something on the books,we want to make sure that: 1)it is enforceable;and 2)that the staff, has the reason it is enforceable. City Manager Russo said we really took another look at this once the Vice Mayor weighed in on it because we really saw merits of the concern over the fix. Mayor Scholl said he wants staff to be happy because they have something that is enforceable, and he wants the Vice Mayor to be happy. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to defer the Ordinance to January 15,2015. The motion to defer was approved by a voice vote of 5- 0 in favor. [City Clerk's Note: This Ordinance was later placed on the February 19, 2015 Agenda.] [City Clerk's Note: Item 10K was heard after Item 9A.] 13 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. 14 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. 15 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. 16 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 17 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. 18 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 19 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 20 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. 21 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 l e_co� tt K " Cf MAILING ADD ESS THE BOARD, OUNCIL,COMMISSION,AUTHORITY OR 'MMITTEE ON • 3 S 4- R lttn,L LS LC WHICH I SERVE IS A UNIT OF: CITY A;0 N — pOCITY S O COUNTY OTH E C 7 R LO CA-L AGENCY r p+•A t M EiOPOLm L BDMSION• 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: .04,1 QL—C_ \=2. e_4-e■ ro w L4)(A,\GIB (k,03./e- a.& 1,A.k-e-c r c g ledAETeCS Sao lk Le{ e -idLL D k� L _ � lq« l4- Date Filed Signatu - 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: aNvt. (ccLos6-t -- ictG Lktk.e._ 6:0 ,c) kr)4.e_ 714%--cr‘ecg cl,vS U2L it ofk,/ DuAk accok--P _ Likkts Nvat- vars tzji /zo 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