HomeMy WebLinkAbout2010-1216 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, December 16,2010,6:30 p.m.
City of Sunny Isles Beach, Florida
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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. Edelcup
Vice Mayor Lewis 1. Thaler
Commissioner Roslyn Brezin
Commissioner Jeanette Gatto
Commissioner George "Bud" Scholl
City Manager Rick Conner
City Attorney Hans Ottinot
City Clerk Jane A. Hines, CMC
Assistant City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Former City Commissioner Gerry Goodman led the Pledge of Allegiance to the flag,
and City Historian Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum, and welcomed the newly elected
Commissioner Jeanette Gatto, and former Commissioners Gerry Goodman and Irving
Turetsky. He noted that tonight is Commissioner Brezin's last scheduled Commission
meeting and thanked her for all her years of service.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - November 18,2010.
Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve
the above-mentioned Summary Minutes. The motion was approved by a voice vote of5-
o in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items. Revised Item: Item 10K. Design-Build Agreement with 4M
Investors. Remove from Agenda: Item 12A. Discussion re: Car Wash in Town Center
Zoning District; Additional Information: Item lOG. Listing of Current Contracts for Calvin
Giordano and Associates.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting December 16,2010
City of Sunny Isles Beach, Florida
5. SPECIAL PRESENTATIONS
SA. Presentation by Mayor Norman S. Edelcup to Winners of the Sunny Isles Beach Photo
Contest for the City's 2011 Calendar.
Action: Public Information & Events Specialist Stephanie DeThomas gave a power point
presentation of the winning photographs. Mayor Edelcup and Ms. DeThomas presented
plaques and gift bags to the following winners: Karen Jackson, Alex Vinokur, Louis Romier,
Rebecca Carney, Rob Dumitrescu, Sonny Sabato, Sam Matter, Juan Cortes, David Mankes,
Miriam Poletto, Valentino Leidi, Mike Tribby, Harry Frahm, and Sylvie Leidi. Ms.
DeThomas noted that the 2011 Calendars will be available tomorrow in Government Center.
58. Add-On:
A Proclamation to be Presented to Emanuel F. Pine for his Commitment and Dedication to
the City of Sunny Isles Beach having Served on its Canvassing Board Since its Inception.
Action: Mayor Edelcup on behalf of the Commission thanked Emanuel Pine for serving on
the Canvassing Board for these past years, and presented him with a Proclamation
proclaiming December 16, 2010 as "Emanuel F. Pine Day" in Sunny Isles Beach, and he
presented him with a Sunny Isles Beach Wrist Watch.
6. ZONING
None
7. ORDINANCES FOR FIRST READING
None
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
the City Code, Creating a New Chapter Entitled "Human Relations", to Provide
Recognition of Domestic Partnerships and Benefits to Set Forth the Rights and Legal Effects
of Such Partnerships; Providing Employment Benefits to City of Sunny Isles Beach
Employees and their Domestic Partners; Containing a Severability Clause and Providing for
an Effective Date.
(First Reading 11/18/10)
Action: City Clerk Hines read the title, and Assistant to the City Manager/HR Priscilla
Walker reported.
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Public Speakers: None
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the
ordinance. Ordinance No. 2010-357 was adopted by a roll call vote of 5-0 in favor.
V ote: Commissioner Brezin ~
Commissioner Gatto yes
Commissioner Scholl ~
Vice Mayor Thaler ~
Mayor Edelcup ~
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting
the Results of the Run-Off Election Which Was Held on Tuesday, December 7, 2010
and Declaring Isaac Aelion to be Elected as Commissioner, Seat 4; Discharging the
Canvassing Board for Said Run-Off Election; Providing for an Effective Date.
Action: City Clerk Hines read the title, and administered the Oath of Office to the newly
elected official.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2010-1648 was adopted by a voice vote of 5-0 in favor.
108. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring
Lewis 1. Thaler as Vice Mayor; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup thanked Commissioner Thaler
for his service as Vice Mayor, and proposed him as Vice Mayor for the ensuing year.
Public Speakers: None
Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2010-1649 was adopted by a voice vote of 5-0 in favor.
10e. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving
Appointments to the City Advisory Committee for Calendar Year 2011; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported noting that the members
will be reduced from 11 to 9. He announced the Chairperson as Harvey Busch; Vice
Chairperson Tony LoCastro; Members: Bob Mincow, Bob Welsh, Isaac Feldman, Mariana
Talalaevsky, Steve Trattner, Dennis Stubbolo, and Norman Peseloff.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2010-1650 was adopted by a voice vote of 5-0 in favor.
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10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Renewal of Mutual Aid and Joint Declaration Agreements Between the City and the
City of Aventura, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreements; 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.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2010-1651 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
Change Order No. 7 to Agreement with Coastal Construction Company for
Professional Construction Services for the Expansion of the Scope for the Heritage
Park and Parking Garage Project to Now Include the Stage, the History Wall, and the
Water Feature, in an Amount Not to Exceed $1,037,400.00, 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 City Manager Conner reported noting that there
may be one more change order decreasing this amount through direct purchase which gives
us a savings of sales tax, of which the direct purchase savings are $108,531.08. No
additional days are needed, and this project will be completed by February 18,2011. Staff
has already begun the process of looking at alternative less expensive canopies.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve this
resolution. Resolution No. 2010-1652 was adopted by a voice vote of5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with The Goodyear Tire and Rubber Company for the Purchase and
Installation of Tires, in an Amount Not to Exceed $30,000.00 Annually; Piggyback from
State of Florida Department of Management Services Contract No. 863-000-10-1;
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 Assistant City Manager/Finance MinaI Shah
reported.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2010-1653 was adopted by a voice vote of 5-0 in favor.
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lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Calvin Giordano and Associates, Inc., to Provide Construction
Management Consulting Services, in an Amount Not to Exceed $70,000.00, 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's Note: Additional Information was distributed. See Item 4A for
additional action.} City Clerk Hines read the title, and City Manager Conner reported noting
this is primarily for the Pier Project.
Public Speakers: None
Mayor Edelcup noted the hand-out that was distributed listing outstanding contracts which
were two that totaled $135,850, and so this would be the third contract.
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve this
resolution. Resolution No. 2010-1654 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Expressing
Support for the Let's Move Cities and Towns Campaign; Providing the City Manager to
Do All Other Things Necessary to Effectuate this Resolution; Providing for an Effective
Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported that there is a national
campaign going on which is primarily supported by President Obama and the First Lady
regarding obesity and for people to eat more healthy foods.
Public Speakers: None
Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2010-1655 was adopted by a voice vote of 5-0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
the Approval of Budget Amendment No. BA0910-009 to Fiscal Year 2009/2010 Budget
for Major Amendments: Transfer from General Fund to Capital Improvement
Program Fund - $300,000.00; Authorizing the City Manager to Do All Other 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 this is to account for residual legal costs and other land related costs.
Public Speakers: None
Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2010-1656 was adopted by a voice vote of 5-0 in favor.
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10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Expressing
Support for the Florida Department of Transportation's South Florida East Coast
Corridor Study for Transit Service Between Miami and Jupiter, to Enhance Mobility in
the Southeast Florida Region; Endorsing Regional Rail as the Basis for a Locally Preferred
Alternative; and Acknowledging Potential Station Locations; Directing the City Clerk to
Transmit a Copy of this Resolution to the Agencies stated Herein; Providing 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 Conner reported.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2010-1657 was adopted by a voice vote of 5-0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
a Ground Lease, Development Agreement and Design-Build Agreement between the
City of Sunny Isles Beach and 4M Investors, LLC., in an Amount Not to Exceed
$15,000,000.00, in Substantially the Same Form as the Attached Exhibits "A", "B" and "C",
Attached Hereto, to Develop an Upscale Lifestyle Center/Park and Parking Garage, and
Aquatic Entertainment Center; Authorizing the City Manager and the City Attorney to
Negotiate Agreements with 4M Investors, LLC for Approval by the City Commission Within
60 Days; Authorizing the City Managcr to Exccutc Said f.grccmcnts Providing that thc
Agreements are Revie'vved for Legal Sufficiency by the City f.ttorney; 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 Design-Build Agreement was distributed prior to the
meeting. See additional action under Item 4A.} City Clerk Hines read the title, and City
Attorney Ottinot reported noting that a revised Design-Build Agreement was distributed. He
noted that he and the City Manager met with the Developer to commence negotiations, and
staff and Developer have exchanged contract documents which is brought before the
Commission tonight. Staff is comfortable with those documents which will allow staff to go
forward with future negotiations and finalize the agreements for this Project. He summarized
each agreement as follows: Ground Lease: The Ground Lease is for 99 years, and it requires
the Developer to pay $324,000 each year with appropriate increases pursuant to the
Consumer Price Index (CPI). The Developer will have the first four (4) years rent free,
however, the Developer will be responsible to pay the taxes. The City will have the right to
use portions of the Aquatic Entertainment Center described as ballroom and banquet
facilities for City sponsored events nine (9) times per year which will be free of charge
however, the City would have to use the vendor that is on site. In addition to the base rent,
the Developer is required to pay the City 4% of gross receipts from sale of tickets, food, or
any other items within the Aquatic Center. With respect to the Aquatic Center and the retail
shops within that Center, the Developer is responsible to pay the construction finance of that
project. The Ground Lease is consistent with the Letter of Intent that the Commission
previously approved several months ago. Also, the Developer is precluded from using City
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property to finance this project. However, the Developer can use the Leasehold Interest to
secure a loan, and the City will have the right to approve a lender with respect to the
Leasehold. Development Agreement: The Development Agreement outlines a development
schedule, and requires the Developer to complete the project no later than December 1,2013.
Also the Agreement requires that the Developer show the City that it has the financial
capacity to build the Aquatic Center. Design/Build Agreement: This Agreement outlines the
cost of the public aspect of the project.
City Manager Conner reported that the City Consultants and staff sat down with Joe Milton
and his representatives and went through the financial aspects of this project, and it is
believed that the price is in line with the City's expectation. We have the opportunity for
staff to go in there for a 30%, 50%, and 90% review on the Design Plans. City Attorney
Ottinot noted that with the approval of these documents, it will provide staff with clear
perimeters to negotiate with the Developer.
Public Speakers: Bob Welsh; Gerry Goodman
Commissioner Scholl noted that we had all discussed this at length at the December 14,2010
Agenda Review Workshop and that he is opposed to this. One of the things he challenged
the Developer on was, and it is not that he doesn't agree with the grand vision, but we are
light on details which has bothered him from the very beginning. He doesn't feel the City
should lease a piece of property to an enterprise that we are not sure whether it makes
economic sense or not, and that he doesn't like to approve something when we don't have a
clear funding source. He had raised very specific objections in the last Commission Meeting,
and none of those objections were answered. He also felt that the legal documents here need
work and he just wanted to be clear that the documents presented here tonight would come
back to the Commission for final approval, and City Attorney Ottinot said yes.
Commissioner Gatto concurred with Commissioner Scholl. Commissioner Brezin and Vice
Mayor Thaler both favored going forward with this project. Vice Mayor Thaler noted that
the new Traffic Impact Analysis Report shows a minimal change in our traffic pattern with
the overall project that would be there.
Mayor Edelcup said that this has been an ongoing project from the time the City's
Comprehensive Plan was passed in 2000, to have something like this facility to be at the
Gateway to our City. Throughout the years since we have had our Consultant Jack Luft
update those reports and basically concur that the type of development we are talking about
tonight is the type of development that the Comprehensive Plan originally forecasted and that
it was still a valid reasoning given the change in the demographics of our City today, and the
growth of our City at the south end. It has always been in our Plan to have parks throughout
our City so we would have neighboring parks within walking distance from no matter where
you lived. This is not only a residential community but also a tourist community, some
million tourists every year come to the City and stay in our hotels, and currently they don't
have any activity to keep them in Sunny Isles Beach and so this gives us the opportunity to
develop a retail/commercial center for not only our residents but for the tourists that there is a
destination here. We have built a whole new school system here in Northeast Dade and more
particularly in Sunny Isles Beach, and both our K-9 and our High School that services our
area have indicated that they are strongly in support ofthis type of center because they offer
marine biology type classes and they are looking forward to this facility to provide further
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educational opportunities for the children of our City, as well as for our seniors. What is
being proposed today is an outline of a series of agreements that would cover the building of
a City Park, the leasing of a parcel of land, and the development of a multi-cultural center
that again has as part of it, the aquatic center, banquet halls, and opportunities for cultural
events to be held here, and for those reasons he would like to see us move forward on this
project. He also noted that his vote for moving forward is based on the assumption that the
Design/Built Agreement comes in at a price not to exceed $15 Million because that is what
we have budgeted, and that has to be the net outside maximum cost to our City.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution with the understanding that the final contract documents must be approved
by the City Commission within 60 days, and with the instructions and comments the
Mayor made, with the not to exceed amount of$15 Million. Resolution No. 2010-1658
was adopted by a roll call vote of 3-2 (Commissioner Gatto and Commissioner Scholl
against) in favor.
Vote: Commissioner Brezin ~
Commissioner Gatto no
Commissioner Scholl no
Vice Mayor Thaler ~
Mayor Edelcup ~
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Discussion concerning Amending the Town Center Zoning District to Permit Car Wash as
an Accessory Use.
Action: [City Clerk's Note: See action under Item 4A.} Withdrawn.
12B. Discussion regarding an Update on Solis.
Action: Mayor Edelcup said with the current economy, we have a stalled project within our
City, the Solis Project at the south end of Collins A venue and our City limits, and this project
has been stalled for a considerable length of time. He knows our staff has been working
diligently with the developer and representatives in order to resolve the issue of what do we
do with a partially built building until such time as the developer has the financial capability
of moving the project forward. He noted that Danny Tantleff who represents the project
presented a letter to the City Manager in which he outlines five (5) items to help mitigate the
problem, and he asked Mr. Tantleffto give an update on this project.
Public Speakers: Danny Tantleff; Greg Nicklas, President Elect Tropicana Condominium
Association; Helene Endzweig, Vice President, Arlen House East Board
Danny Tantleff, Portfolio Director, Mansiana Ocean Residences LLC, said he has been
working with the City Manager, the City Attorney, and staffto come up with a solution to at
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least keep the residents happy while they continue looking for financing for this project. City
Manager Conner reported that the five points in the letter are: I) Paint the building white;
2) cut all the rebar around the building so that none of it is protruding from the building; 3)
remove the west fence and place a regular fence, however, they are asking that the Solis
sign stay; 4) continue to clean up the property; and 5) landscape the property with
shrubs covering the new west fence. Mr. Tantleff said that they are agreeing to this
including any additional items being requested by their neighbors, and the City Commission.
He said that they believe they will have the financing within the next few months.
Greg Nicklas, President Elect of Tropicana Condominium Association, said we have three
Gateways to the City, and the Tropicana is one of them. He asked for four additional actions
to be considered to the five points above: 6) provide the Police Department with a key to
the Solis property so that they can patrol it as vagrants have begun to stay on the property
and Mr. Tantleff said that was not a problem for him. 7) that the grecn fabric that covers
the fence on the ocean side of thc propcrty be maintained propcrly so that it stays
attached to the fence and is not shredded as it is today, and Mr. Tantleff said he would take
care of that. 8) that the wall on the south sidc ofthc Solis propcrty which is actually the
propcrty linc betwccn Solis and thc Tropicana, bc built a few feet higher so that vagrants
can't enter the property from that side, and Mr. Tantleff and the Tropicana agrees with that
but feel they need approval from the City to do this. It was noted that they would need a
Permit as there is a height limitation. 9) They also asked that this work and the work
described in Mr. Tantleffs letter be complctcd within 30 days from thc datc ofthe letter
instead of thc 90 days that is suggested.
Danny Tantleff agreed to the additional items except that they will need 90 days to complete
this specifically for the wall to be higher as permits are required which will take time. They
will start replacing the green fabric on the fence and give a key to the Police Department
tomorrow. They will also begin the items tomorrow that are listed in the letter he provided to
the City Manager. He said they are willing to do whatever the Commission considers is
necessary to keep the project moving along until financing is obtained. Commissioner Brezin
feels that 90 days is too long, and Mr. Tantleff said he is willing to reduce the amount oftime
pertaining to each item that the Commission wants for example, cutting the rebar is a very
complicated process and will take 60 to 90 days to complete. The shrubbery and the green
mesh on the fence are much quicker. Tomorrow he will get someone working on getting a
permit to raise the height of the fence. Vice Mayor Thaler asked if these improvements are
funded, and Mr. Tantleff said yes, they have the funds in hand. Commissioner Scholl asked
if the elevator is coming down, and Mr. Tantleffsaid if you want it down, they will bring it
down. Commissioner Scholl said it looks like a construction site, and asked that we treat it
like a vacant lot, and he feels if you cut the rebar and leave the elevator it would be defeating
the purpose to cut the rebar. He agreed that it is a very complicated process and it has to be
engineered right because it could upset the structural integrity of the building if it is not done
right. 10) It was the consensus of thc Commission to add the removal of the elevator to
the list. Commissioner Scholl said also that Item 7 above (fencing) should be
commensurate with our vacant lot Ordinance. Greg Nicklas requested a time line.
Mayor Edelcup asked that we make sure that thc City is monitoring that and that what
we are agreeing to tonight be completed. If for some reason it starts to fall and it is not
happening, that they come back to the Commission because we will then have to
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proceed with some other legal action to satisfy the needs ofthe residents. Staff needs to
stay on top of it and that the timelines agreed to are completed and to report back to
the Commission at each Commission Meeting as to how we are progressing.
City Attorney Ottinot requested a revised letter be prepared to include the additional
items agreed to tonight for the City Manager's and Danny Tantleff's signature, and the
Commission agreed.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Brent Allen discussed Municipal Water. Mr. Allen stated that he had read an article
that Environmental Protection Agency (EP A) scientists and workers called for an end to
fluoridation in the water, and have called for a moratorium on drinking water fluoridation
programs across the country, and have asked EP A management to recognize fluoride as
posing a serious risk causing cancer in people. He noted that Jessie Ventura, the
professional wrestler and Governor of Minnesota, now has a television show called "Blue
Gold" about a conspiracy theory where Governor Ventura will take on water
privatization, false scarcity profit schemes, etc. He just wanted to bring this to the
Commission's attention, and he handed out articles and CDs. Commissioner Scholl said
that his wife agrees and has been filtering their water since his kids were born. He noted
that our water company is across the bridge, we don't control it.
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 8:03 p.m.
Respectfully submitted by:
~~L
Jane A. Hines, CMC, City Clerk
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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:
1/20/2011
RE:
Summary Minutes for the December 16, 2010 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the December 16, 2010
Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
. Summary Minutes
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=412&MeetingID=0&MeetingDate=...1 /3/20 I 1