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HomeMy WebLinkAbout2010-0415 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 15, 2010, 6:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES 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 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner City Attorney Hans Ottinot Assistant City Manager/Services Jorge Vera City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Ibis Romero, Executive Director of Sunny Isles Beach Resort Association, led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - March 18,2010. Action: Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Hear Item lOB and related Item 10D together. Additional Information: Item SA. Audit Report; Revisions to Item 10J. Letter of Understanding with Oceanview; Add-On Item ION. Contribution to Alonzo and Tracy Mourning Senior High School; and, Add-On Item 12B. Discussion/Presentation on Heritage Park Layout. Action: Mayor Ede1cup noted the above changes to the agenda. Commissioner Brezin moved and Vice Mayor Thaler 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 SA. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 2008/2009. Action: [City Clerk's Note: The Audit Report was distributed prior to the meeting.] Assistant City Manager/Finance Minai Shah introduced Dwayne Mathis, Audit Manager of MarcumRachlin, who is here to present the Annual Report. Mayor Edelcup noted that City Summary Minutes: Regular City Commission Meeting April 15, 2010 City of Sunny Isles Beach, Florida Auditor Jerry Chioca of MarcumRachlin, has been ill but is here via conference call. Mr. Mathis and Mr. Chioca presented the City of Sunny Isles Beach Audit Report for Fiscal Year 2008/2009, and noted that they met with the Commission individually. Mr. Chioca said there were no changes in the numbers from when they discussed the Report with each Commissioner. Mr. Mathis noted on page 1 of the Auditor's Report where they indicated in the first paragraph that they have audited the accompanying Statements as of September 30, 2009. He also noted in the third paragraph, which is the opinion paragraph where they gave the City an unqualified opinion, which is the cleanest opinion that anyone can receive for an audit. Mr. Mathis also noted, as Mr. Chioca indicated on the phone, there is one additional Note Disclosure on page 41 of the Report, Note 12. Subsequent Events: the first paragraph is what they added indicating that in February 2010, the City was in the process of purchasing land during eminent domain procedures for $8.2 Million, and that is still subject to possible further additional liability based on the outcome of the case. Mayor Ede1cup noted that the Commission just received the final Audit Report and had not had an opportunity to read the Report but, as Mr. Chioca indicated, there have been no changes in the numbers, and so he suggested if any of the Commissioners have a question after reading the Report, we can always come back to a Commission meeting. Mr. Mathis also noted as part of the Report, you received a letter that is required communication from the Auditors to those in charge with governance, and that letter indicates that there were no difficulties with management during the Audit, and there were no major compliance issues. Mayor Ede1cup noted the wonderful summary by Minai Shah that put together a comparison of the key budget and financial information for the last three years, and for those who would like to refer to something very quickly, it is a good report to hang on to. Commissioner Scholl moved and Commissioner Brezin seconded a motion to accept the Audit Report for Fiscal Year 2008/2009. The motion was approved by a voice vote of 5-0 in favor. SB. A Proclamation to be Presented to Fairmont Turnberry Isles Resort & Club upon Winning the "2009 Sales Team of the Year Award". Action: Members of the Commission and Ibis Romero, Executive Director of Sunny Isles Beach Resort Association, joined Mayor Edelcup who read the Proclamation into the record and presented it to Benny Baez, Director of Group Sales, Fairmont Turnberry Isles Resort & Club. Sc. A Proclamation Proclaiming April 2010 as "Water Conservation Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup summarized the Proclamation and noted that it would be mailed to the South Florida Water Management District. SD. A Proclamation Proclaiming May 10-16,2010 as "Water Reuse Week" in the City of Sunny Isles Beach. Action: Mayor Ede1cup summarized the Proclamation and noted that it would be mailed to the South Florida Water Management District. 2 Summary Minutes: Regular City Commission Meeting April 15, 2010 City of Sunny Isles Beach, Florida 6. ZONING None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending its Comprehensive Plan to Update the Capital Improvements Element Five-Year Capital Improvements Schedule Pursuant to Section 163.3177(3)(b)1., Florida Statutes (F.S.) and Rule Chapter 9J-5.016(5), Florida Administrative Code (F.A.C.); Providing that the Text, as Amended or Revised, Shall be Substituted For and Replace in Full the Existing Text in the Adopted Capital Improvements Element; Providing for Transmittal of the Adopted Amendment to the State Land Planning Agency; Providing a Conflicts Clause and a Severability Clause; Providing an Effective Date; and for Other Purposes. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported that this is housekeeping as required by State Law, we are updating the policy dates for the Capital Improvements to coincide with the Comprehensive Plan dates. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of S- O in favor. Second reading, public hearing will be held on Thursday, May 20, 2010, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler ~ Mayor Edelcup ~ 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach to Provide that 100% Service Disabled Veterans Shall be Exempt From Paying Resident Parking Permit Costs; Providing for Repealer; Providing for Inclusion in the Code; Providing for Severability; Providing for an Effective Date. (First Reading 03/18/1 0) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: none 3 Summary Minutes: Regular City Commission Meeting April 15, 2010 City of Sunny Isles Beach, Florida Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to adopt the ordinance. Ordinance No. 2010-344 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Seven (7) Members to the Historic Preservation Board, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1546 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Designating Thor Guard, Inc. as a Sole Source Vendor of the Desired Lightning Prediction and Warning System; Approving the Purchase and Installation of Four (4) Systems from Thor Guard, Inc., for Pelican Community Park, Senator Gwen Margolis Park, Town Center Park, and Samson Oceanfront Park, in an Amount Not to Exceed $36,310.00, Attached as Exhibit "A; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard after the related Item 10D. See additional action under Item 4A.] City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Vice Mayor Thaler asked how long it would be to install the equipment, and Ms. Simpson responded that it will take four weeks, and she will do a heavy marketing campaign to adequately advise the residents of what to expect if they hear the sound, what to do, and what each tone means. Mayor Ede1cup asked when we hear the system go off within the Park, is there also a notification sent to someone, and Ms. Simpson said yes, to her office at Pelican Community Park and then they will notify the Police. She noted that each Park will have a separate unit so it is confined to that area. She said there is a tone to let you know there is lightning in the area, and then there is a strobe that flashes with no sound until it is clear, and then there is another tone to say it is all clear, and so it is not a continuous noise. It is 24/7 but it can be set and they will set it based on the Parks hours of operation. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1548 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes: Regular City Commission Meeting April IS, 2010 City of Sunny Isles Beach, Florida lOCo A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Motorcycle Lease Agreement with Peterson's Harley-Davidson of Miami, L.L.C., for Lease of Four (4) Motorcycles, in an Amount of $1,900.00 per Month, for a 24-Month Period, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Lease 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 Police Captain Michael Grandinetti reported noting that they will piggyback the City of Doral Police Department's current bid. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010-1549 was adopted by a voice vote of 5-0 in favor. lODe A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984 to Expend Up to $41,000.00 from the Federal Forfeiture (DOJ) Funds for Sponsorship of a Community Policing Event, and for Purchase of Lightning Prediction and Warning Systems for City Parks; Providing for an Effective Date. Action: [City Clerk's Note: This item was heardjirst with related Item lOB. See additional action under Item 4A.] City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1547 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, Approving the Fifth Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A), to Provide Additional Engineering Design Services to Include North Bay Road for the Construction of the Central Island Drainage Project, in an Amount Not to Exceed $22,380.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Fifth Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010-1550 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting April IS, 2010 City of Sunny Isles Beach, Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No. I and 2 to Agreement with Tenex Enterprises for Change in Landscaping and for Additional Sidewalk and Landscape Work in an Amount Not to Exceed $75,668.75, 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 Assistant City Manager Vera reported that Change Order No. 1 is for the cost in height of the Medjool Palms for the 183rd Street Streetscape Project, and Change Order No.2 is to continue the paver sidewalk from the end of 183rd Street up to 178th Street. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1551 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Addendum to Agreement with Graphplex Signage, for Removal, Fabrication and Installation of Street Sign age, in an Amount Not to Exceed $38,950.00, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Attachment "A"; Authorizing the Mayor to Execute Said First Addendum to 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 Assistant City Manager Vera reported that this is for additional signage in other parts of the City. Public Speakers: none Mayor Edelcup said this does not include buying the electrified signs for Collins A venue, and Mr. Vera said that is correct, that is still yet to come. Vice Mayor Thaler noted a comma needs to be between "Atlantic Isles" and "designated municipal parking". Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution, as amended. Resolution No. 2010-1552 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, Ratifying Loan to Stormwater Fund; Plan to Reimburse the Loan Made by the Capital Improvements Projects Fund to the Stormwater Fund; 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 Assistant City Manager/Finance Minai Shah reported. Public Speakers: none Mayor Edelcup noted on page one of the Resolution, a schedule showing the actual repayment of $712,430.58 per year, and for the record, can Ms. Shah indicate that there is 6 Summary Minutes: Regular City Commission Meeting April IS, 2010 City of Sunny Isles Beach, Florida sufficient revenues in the Storm water Fund to make the payments, and Ms. Shah said that is correct. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2010-1553 was adopted by a voice vote of 5-0 in favor. 101. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Rescinding Resolution No. 2010-1531, Adopted on February 18, 2010, Approving an Additional Software License Agreement with New World Systems, Inc. for the Purchase and Implementation of an Accounts Receivable Module; 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 Assistant City Manager/Finance Minai Shah reported noting that staff is evaluating other viable software solutions in the market that can best meet the needs of the City. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1554 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Letter of Understanding Between the City of Sunny Isles Beach and Oceanview Building A Condominium Association, Inc., and Oceanview Building B Condominium Association, Inc. (Collectively "Oceanview") Relating to the Construction of Heritage Park, in Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A revised Letter of Understanding was distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and City Manager Conner reported that this is a result of many months of working with residents of the three buildings, the Ocean Reserve, and Oceanview A & B to address concerns that they may have about the new park development. He noted that this letter had been approved by the Associations however some minor additions and revisions had been made, but he asked for the Commission's approval of the letter as it is tonight so that we can offer this to them and then move forward with the project and have everybody on board and in support of a great Park. Mayor Edelcup asked if they have seen this letter yet, and City Manager Conner said they have seen the one in the packet but not the revised version that is in the Addendum tonight. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2010-1555 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting April IS, 2010 City of Sunny Isles Beach, Florida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Joint Project Agreement from the Florida Department of Transportation (FDOT), Attached Hereto as Exhibit "A", for the Continuing Turf and Landscape Maintenance of SR-AIA (Collins Avenue) and SR-826 (Sunny Isles Boulevard); Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner reported noting that FDOT has been paying this same amount of $7,053.12 annually, when the cost is more like $250,000.00 to maintain the medians, and he said he will prepare a quantitative analysis. Public Speakers: none Mayor Edelcup said this is the same amount that they have been paying us since 1997/1998, and he recommended not to approve this contract renewal and to ask City Manager Conner to submit to FDOT and negotiate with them a number that would more closely approximate the cost of maintaining the mediums on Collins Avenue, and see ifhe can come back to us with a negotiated number, and if not what steps we can do next. Commissioner Brezin said she considers that an insult at this point considering the amount it costs us to actually maintain the medians. Commissioner Goodman asked that we do a little research first, and then see if we can get some of our politicians to help us. City Manager Conner said they have reviewed this and they fund per foot or per mile of a median, and the issue that develops here is for a county in northwest Florida that has miles of open roads, maintenance is twice a year going down the side of the highway and that is how they determine their average cost of maintaining medians, they don't segregate it to areas because obviously our medians are more pristine than a very sparsely used roadway in the country. They are paying everybody the same rate, but different amounts as everyone has different mileage. Mayor Ede1cup said he feels that someone has to step up to the plate and represent the local communities, and we should step up for our communities and also maybe bring it before the Miami-Dade League of Cities. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to not approve this resolution, and to instruct the City Manager to negotiate with FDOT. The motion was approved 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 Agreements to Retain the Services of the Law Firms of Goren Cherof, Doody & Ezrol, P.A., and Abadin Cook, P.A. to Represent the City in Legal Matters; Authorizing the City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: none Commissioner Scholl said he doesn't want us to start spending money until we have something to review, we see that it is reasonable, and then we send in the attorneys. 8 Summary Minutes: Regular City Commission Meeting April 15, 2010 City of Sunny Isles Beach, Florida Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1556 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into an Agreement with Harbour Construction, Inc. to Provide Demolition Services for 287 Sunny Isles Boulevard, in an Amount Not to Exceed $53,540.00, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A"; Providing the City Manager 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 Assistant City Manager Vera reported noting that this is the first property we purchased on Sunny Isles Boulevard and it will be part ofthe Park area that we are planning on developing there, which is the Goldman property. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2010-1557 was adopted by a voice vote of 5-0 in favor. ION. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Charitable Contribution to the Alonzo and Tracy Mourning Senior High School, in the Amount of $3,000.00, for the School's Marine Science Program; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Documents were distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: Marianna Talalaevsky Marianna Talalaevsky said that the IT Program also needs equipment badly and if she could use some of these funds for that purpose. The Commission said these funds are to be used for the Marine Science Program only. Commissioner Scholl said that all the parents vote and that the School Board are elected officials and so if they are building a school and they are not providing the school with the resources when they build it to basically fulfill the programs that they put into the school, that is an issue that the elected officials need to understand. Mayor Edelcup also reminded her that if any of the departments in the school can provide services to the City, that the City would otherwise be going out to a vendor for, certainly contact the City Manager and we would give the opportunity to the School and the children in the school to be able to perform those services if they are capable of doing it and earning funds for the school and its various programs. Ms. Talalaevsky noted that the Band will be performing in October, and Ms. Simpson said for the grand opening of Heritage Park. 9 Summary Minutes: Regular City Commission Meeting April IS, 2010 City of Sunny Isles Beach, Florida Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1558 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding an Arrangement for prepayment by Raanan Katz for the naming rights to the Pelican Community Park Gymnasium. Action: City Manager Conner reported that we are getting compliments daily on the landscaping that has been done in the north end of the community on the west side of Collins Avenue, and we have attempted to continue that down the full length of the City. The purpose of this item on the agenda was that the Mayor came up with this idea to work with Raanan Katz on the future money he owes us on the naming rights for the Pelican Community Park Gymnasium, and have him prepay those monies to accomplish streetscaping on Collins Avenue further south, and Mr. Katz responded by saying what he would prefer is that we get it done and he will contribute that much up to the amount he owes but he doesn't want to prepay the full amount, but he will prepay the real expense. Public Speakers: none Mayor Edelcup said it sounds like an excellent way to accelerate the landscaping program and also at the same time reserve the City's cash flow so we can do it now and not necessarily have to dip into any kind of reserves to do it, and he recommended to proceed. Vice Mayor Thaler said he agreed but that we have been using that money for Summer Camp, and City Manager Conner said we have been spending approximately $20,000, and what we will do this year is to take that amount out of the payment that is due, and then apply the rest to streetscaping, and in future years we will budget that amount out of operating costs. After discussion, it was the consensus of the Commission to proceed with the landscaping program and the arrangement for prepayment by Raanan Katz. 12B. Add-On: Discussion/Presentation on Heritage Park Layout. Action: [City Clerk's Note: See additional action under Item 4A.] City Manager Conner reported, and gave a power-point presentation/renderings on the layout of Heritage Park. He noted that the water feature will now be in front of the stage. Public Speakers: none Mayor Ede1cup noted for the record that the water feature at the last meeting was not going to be included, and staff has since done research that now makes it permissible and so we are moving forward with the water feature. City Manager Conner said that this stage is 1,358 10 Summary Minutes: Regular City Commission Meeting April 15, 2010 City of Sunny Isles Beach, Florida square feet, there is an area behind it for the performers and their equipment, and that area is not included in that square footage, which is twice the square footage of what the Florida International University and the University of Miami has. There is also a canopy that will come out about 10- foot beyond the stage, and the lighting will be mounted to that canopy's framework so it will be professionally lit. Commissioner Scholl asked if we are running conduit for the sound system around the Park, and City Manager Conner said yes and it will be on top of the pavilion, and this pavilion will be a covered area with tables underneath it where people can relax and enjoy themselves in the shade. On top of that will be a control center where the lighting and the sound can be controlled for the stage, and they can not only monitor the entire area of the Park but it is an ideal situation to monitor the sound and the lighting for the stage. After discussion, it was the consensus of the Commission to move forward with the layout as presented for Heritage Park. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to adjourn the meeting, and Mayor Ede1cup adjourned it at 7:29 p.m. Respectfully submitted by: Approved by the City Commission on May 20, 2010 ~~~ Jane.A. Hines, CMC, City Clerk 11 I 1 I Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 5/20/2010 RE: Summary Minutes for the April 15, 2010 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the April 15, 2010 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes http:// sibagenda.sibfl.netfagenda/Preview.aspx?ItemID=25 5&MeetingID=0&MeetingDate... 5/11/201 0 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS WHO MUST FILE FORM 88 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). 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. 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 88 - 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. I, NOrt1AA DISCLOSURE OF LOCAL OFFICER'S INTEREST S. f')t\ c~f , hereby disclose that on ~c.1 )0 ,20~: (a) A measure came or will come before my agency which (check one) ~nured 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 whom I am retained; or , by inured to the special gain or loss of 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: , which ~ro ~~~ ON f\U\ ()^ ~~\~ \'(. Zs~5 5/~111-O(O Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 3112.317, 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 88 - EFF. 1/2000 PAGE 2 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS CITY MY POSITION IS: WHO MUST FILE FORM 88 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). 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. 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST ~or" L ~ f2J'/ Sclto \ \ o (a) ~easure came or will come before my agency which (check one) L inured to my special private gain or loss; I, , hereby disclose that on H~r Jo ,20~: 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 whom I am retained; or , by inured to the special gain or loss of 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: , which ?[llF"\1 o vJ I) Q.. l" O^ A\\~~'~ :r~ le. . 4 s 1')-11 '}OIa Date Filed Signature / / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317, 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 88 - EFF. 112000 PAGE 2