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HomeMy WebLinkAbout2006 1214 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, December 14,2006, 7:30 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 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:30 p.m., with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Patricia SaintVil-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Gloria Taft led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum and announced that there would be a holiday cake and coffee during the break at around 8:30 p.m. in the main lobby. 3. 3A. APPROVAL OF MINUTES Regular City Commission Meeting - November 16, 2006. Action: [City Clerk's Note: Amended page 16 distributed prior to the meeting.} Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the above-mentioned Summary Minutes, as amended. The motion was approved by a voice vote of 5-0 in favor. 4. 4A. ORDER OF BUSINESS (Additions/Deletions/Amendments) Request to Hear Items: Hear lOA and lOB after 6A. Handouts included: amended page 16 of summary minutes for Item 3A; additional information for Items 6A, 12A, and 12B; Add- On Item 12D, Discussion re: Active Park-Playground Equipment. Action: Mayor Ede1cup noted the above changes. Commissioner Iglesias 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. Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Jerry's Famous Deli, Inc., Owner of the Property Located at 17150-17190 Collins Avenue, for the Following (Epicure): (Hearing #Z2006-06) 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for one (1) mixed-use tower, containing 243 dwelling units, 77,400 square feet of office and 20,500 square feet of retail. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a transfer of 56 units of development rights. An adjustment shall be made for a decrease of 101,640 square feet and 56 units from the Tract "B" Porto Bellagio Bank. 3. The Applicant is requesting a variance from the requirements of Code Section 265-37 "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to reduce the front tower from pedestal setback and front penthouse from tower setback. Protests 1 Waivers 0 Ex Parte ~ Action: [City Clerk's Note: A Memorandum was distributed prior to the meeting from Community Development Director Robert So/era re: Retail Definition/Epicure Review.} Mayor Ede1cup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City Clerk Hines noted that we received one protest letter [from Alan & Sandra Gellerman], and asked if there were any Ex Parte disclosures, and there were none. Assistant City Manager Jorge Vera reported. Public Speakers: Stephen 1. Helfman, Esq.; Martin A. Diaz Yabor, Archiect; Erica Mechalsky; Cassey Gabor; Gloria Taft; Guillermo A viles Stephen J. Helfman, Esq., representing the applicant, reported on the project noting that this property is located at 172nd Street and Collins A venue across from Town Center Park. Martin A. D. Yabor, Architect, presented renderings of the project, which included a water feature and enclosed parking, three levels above ground, and one level below ground. Vice Mayor Thaler said there are 15 handicapped spaces out of 746 spaces and he asked for the additional 22 excess spaces as there is no valet parking available. Mr. Helfman said he would have the maximum that they can do but no less than six (6) additional handicapped spaces. Vice Mayor Thaler said there is not enough foliage on Collins A venue, that the pavers are too hard, he wants to see more foliage up front at the pavers. Mr. Helfman agreed noting that he already spoke to City Manager Szerlag stating that he will coordinate with the City's Landscape Architect with significant enhancement all along it. Mr. Yabor said per the Code that they must meet 746 parking spaces including 15 plus additional 6 separation for parking level below ground and four levels above. Vice Mayor Thaler asked if once you are parked 2 ~ " Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida and you go to another area within the complex, do you have to move your vehicle, and Mr. Yabor said no. Commissioner Goodman asked if they are building on the entire property, and Mr. Yabor said they are building on 77% of the site. Commissioner Goodman asked where the setbacks are, and Mr. Helfman said there is a 25- foot setback in the front, and Mr. Yabor said there is al0-foot setback on 172nd Street, and a 30-foot setback in the back. Commissioner Goodman asked if that is the delivery area in the back as well as garbage pickup, etc., and Mr. Yabor said yes, it is actually access. Commissioner Goodman asked about the two towers on each side of the corner there, what are the two towers, and Mr. Yabor said they are stair towers. Commissioner Iglesias noted that they pretty much meet all the zoning setbacks except for two, the tower from the pedestal, it should be about 105 feet and they have 50-feet, and the penthouse should be 100-feet and they have O-feet. He noted however, in lieu of that, he believes in this particular case the step effect does not look as nice as what they are providing here especially for the water feature. He said he can't make the argument that they are doing it to pick up units because all they have to do is make the other units a little bit smaller, you still have the same amount of units, so even though by doing that they do pick up some larger units, they can change and keep the same requirements by doing the step and making some units smaller so that argument doesn't apply. He said that they are building as a right with the exception of those two things, he thinks the thing that they have to weigh here is the fact that they are providing a very nice artistic water feature to compensate for that 50-foot setback, they are not requesting anything for parking or height, or pedestal setback, they have complied with all the units that are required to be built there. Mayor Ede1cup said it is a beautiful building, a fine addition for the west side of Collins Avenue, and for Town Center, and hopefully this will be an attraction for many people to come into the City and admire and give additional class to Sunny Isles Beach. City Attorney Ottinot asked Mr. Helfman to repeat the additional proffers that he made tonight. Mr. Helfman said we are here for the site plan approval, the TDRs which are incorporated as part of this item, and the variance. He said that they are not asking for any type of variance that would enhance the intensity of this project, no FAR, no height, no units, no lot coverage, it is simply an aesthetic issue in lieu of having a very rigid step in the front of the building He said they feel aesthetically that at least for their project in the community that the slope back is a much better treatment than the step that the Code Book requires, and that is the only reason for the variance, not to accomplish any more development then they otherwise would be entitled to. Mr. Helfman said the conditions are all acceptable to them, and he suggested three more conditions, that are really in the nature of proffers: 1) they have committed to put in enhancements in landscaping along the perimeter streets, both Collins Avenue and 172nd Street and they will do that consistent with the City's plan for that area, they will plant and design this to meet the same standards that the City is going to put on that street; 2) there is a plan for an easement that runs north of their property and they will continue that same design through the frontage of their property, so if the City uses a pavement and planting design, that same concept will be incorporated through their property so there is a continuation of the easement that the City plans to do; 3) an additional proffer, they want to see that street 3 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida improved as quickly as they can, it is going to enhance their project, they need to contribute towards that effort and they have committed to $250,000.00 which will be paid prior to any Building Permit, to the City to be used for the enhancement of that street, whatever the City needs to use that for in enhancing that area, whether it is undergrounding the utility lines, whether it is paving, landscaping, they are committed in contributing towards that in the amount of $250,000.00; and 4) an additional commitment is to increase the handicapped parking spaces, they will convert as many of the 22 excess spaces as they can with not less than six (6) additional handicapped spaces. Vice Mayor Thaler asked if they have a color chip for them to see what the color of the building is, and Mr. Helfman said that the Architect can tell us what the color shades of the building are going to be although he does not have the actual chip. Mr. Yabor said that they have not gotten to design development yet and to the specifications, so they are having a vision right now and they are intending to work with the City as far as getting all the colors and the selection of the palette that they are going to use in the building. Vice Mayor Thaler said he thinks it should be noted that this will not be fully approved until a color is given to the staff to approve, and Mr. Helfman said that will be their final condition [Condition #5], that the entire color palette for the building will be approved by the Administration prior to the issuance of any Building Permit. Vice Mayor Thaler said that we are supposed to see a picture with and without TDRs and he has not seen that, and Mr. Yabor said the model shows a blue line and that indicates on the outside of the line the volume of building that would be removed without TDRs, noting that the formula ofTDRs and unit numbers is a little complicated, and that they still leave on the table an excess of 90,000 square feet that they are not using for the building use. Mayor Edelcup noted that RK Associates are located to the south of this property and that there is an open space between those buildings that our Town Center concept provides for future landscaping. He said it all depends when the property to the south gets developed then it would fit more into the Town Center plan that was approved four (4) years ago. He said the Town Center Overlay District provides for the type of structure that is being proposed here today, in fact that area really specified in our overall Comprehensive Plan that higher intensities could be provided in what is to be known as Town Center with open pedestrian plazas. He stated that he thinks what is being presented today conforms to what had been the plan almost four years ago when public hearings were held to discuss what Town Center would be like, and so it should not come as a surprise to any of the residents as to what is in the offering for the Town Center Development because it is precisely buildings like this and the buildings like St. Tropez that has already started at the south end at the marina, that everyone had in mind when Town Center Overlay District was put into place. City Manager Szerlag said that we are going to have a drainage project to take care of all the drainage problems on 172nd Street, and reconstruct the street with enhancements of sidewalks and lighting standards along 172nd Street that the City will hopefully begin later on this year. He said as far as Collins A venue is concerned, we spoke at the Commission level about having ultimately on the west side of Collins A venue, a 10- foot greenbelt access easement for a promenade, and we realize that we don't need to have symmetry to have continuity but we do want to have good streetscape along that promenade and the developer has indicated that in 4 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida addition to giving us that easement, they are going to give us an architectural review and approval of what goes into that promenade area. He noted that to the north we have our City Park that we can also use to extend that entire terminus to give us a good example of what the entire City can look like. Mayor Edelcup said that the tallest buildings in Town Center actually can be 190-feet at the southern edge of the City, in the core here it is IS-stories and the IS-stories, as Commissioner Goodman pointed out, is after you have set back approximately 270-feet from Collins A venue. He said the first 1 OO-feet from Collins A venue you can only go 50-feet high, and the next 170- feet west of Collins A venue after the first 100, you can go 100- feet high, and after that 270-feet you can then go as high as IS-stories, and that is the design for all of Town Center. He noted that Town Center begins at the Park and ends at Sunny Isles Beach Boulevard which is the IS-story maximum height. City Attorney Ottinot noted that the applicant agreed to provide no less than six (6) handicapped parking spaces and may provide more; also provide enhanced landscaping on Collins Avenue and 172nd Street; also proffer, $250,000.00 to be used by the City for useful purposes to include street improvements on 172nd Street; and also the color pallet is to be issued before the issuance of a Building Permit. He also noted that the 10-foot easement is already included in the recommendation package. Commissioner Iglesias said that the City Commission has to look at the overall balance of the City, the developers here had a right to build many years ago, a six-story shopping center, the Town Center Overlay District is the thing that we were looking for where you can have shops, homes above those shops and give it the nice Town Center feel. He said he would like to see a City of 1.7 square miles that has come up with more parks in this area then anybody that he knows of, especially the high price of real estate that we pay, not to mention some of those beach accesses, like the Bill Lone Access, that is so wide that you can consider it a park. He said there is a balance that we have worked very hard through many years, and it has been the input of its constituents that formed these workshops that brought these things to us for consideration. He said overall this is a very good design and in the long run it will be an asset to the City. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval as amended, subject to staff conditions. Resolution No. 06-Z-106 was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman m Commissioner Iglesias m Vice Mayor Thaler yes Mayor Ede1cup yes [City Clerk's Note: The City Commission heard Item lOA after 6A.} 5 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 74-8 of the City's Rules of Procedure; Providing for an Increase in the Total Membership Composition of All Standing Committees from Five (5) Members to Seven (7) Members; Authorizing Each Liaison Commissioner of Any Standing Committee to Appoint One (1) Committee Member; Providing for Severability, Inclusion in the Code and an Effective Date. Action: City Clerk Hines read the title and Mayor Ede1cup reported. Public Speakers: none Commissioner Iglesias and Commissioner Thaler moved 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 18,2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup 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 14 of the Sunny Isles Beach Code Entitled "Code Enforcement"; Providing Revised Definitions; Providing for Increased Penalties; Providing for a Minimum Administrative Cost; Authorizing the Code Enforcement and Licensing Director to Grant Late Hearing Requests Based on Extenuating Circumstances; Providing for Repeal of Conflicting Provisions; Providing for Severability, Inclusion in the Code, and an Effective Date. (First Reading 11/16/06) Action: City Clerk Hines read the title and Community Development Director Robert Solera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-267 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 6 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 9B. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 156 of the Sunny Isles Beach Code Entitled "Fees, Miscellaneous"; Adopting a Revised Fee Schedule for the Building Department, Attached as Exhibit "A"; Providing the City Manager with the Authority to Review Annually All Building Department Fees; Providing for Repealer; Providing for Severability; Providing for Codification; Providing for an Effective Date. (First Reading 11/16/06) Action: City Clerk Hines read the title and Building Official! Administrator Clayton L. Parker reported noting the changes that were discussed at first reading rounding off some of the fees to the nearest dollar. Public Speakers: none Commissioner Goodman asked if Mr. Parker has received any complaints regarding the new figures, and Mr. Parker said he has not received any complaints about the fees. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-268 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 250-13 of the Code of the City of Sunny Isles Beach to Require Connection to Underground Electric Facilities When Available and to Require Disconnection from Overhead Telephone and Cable Television Facilities When Underground Facilities are A vailable; and Amending Section 250-14 of the Code of the City of Sunny Isles Beach Relating to Notice to Property Owners Regarding Connection Requirements; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/16/06) Action: City Clerk Hines read the title and Commissioner Iglesias reported noting that it is of the utmost importance that everybody does hook up because in the last couple of years we have had some fatalities after a hurricane when children touch these downed power lines. Public Speakers: none Commissioner Goodman asked if we have any other wiring above ground like telephone and cable, and Commissioner Iglesias said yes, that they will be going underground. Vice Mayor Thaler asked if there is a time limit on this, and Commission Iglesias said yes, they hope to achieve this in 7 - 10 years, however, he said the developers have already taken a pro-active step to do it, so Collins A venue is pretty much taken care of on the east side. 7 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida Mayor Edelcup clarified that these are distribution lines and not the high transmission lines which will still be on poles throughout the City and will not be buried. Commissioner Iglesias said that is correct, they are the major light concrete poles that are running 163rd Street, those you can't underground because they are major distribution lines, but the little brown poles will be eliminated. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2006-269 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin ~ Commissioner Goodman yes Commissioner Iglesias ~ Vice Mayor Thaler yes Mayor Edelcup ~ Mayor Edelcup said that he noticed that City Attorney Ottinot had sent a letter around from West Palm Beach indicating that they were pursuing the attempt to get Florida Power and Light to pay the differential cost between overhead and underground and he just wanted to make sure that we follow through similarly, and City Manager Szerlag said we would do that. 9D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Entitled "First Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan"; Providing for Transmittal to the Florida Department of Community Affairs; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 11/16/06) Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that we are adding four new parcels to the map which are the parks located at 192nd Street and Collins Avenue, in Golden Shores, the Town Center Park, and also the linear park that runs the length from Town Center Park all the way to North Bay Road by Porto Bellagio. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2006-270 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Iglesias yes Vice Mayor Thaler ~ Mayor Edelcup yes 8 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 9E. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9E.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-34 of the Land Development Regulations Relating to "Medium-High Density Multifamily Residential Zoning District (RMF -2)", Establishing Setback Requirements, Attached as Exhibit "A"; Providing for an Effective Date. Action: Mayor Edelcup reported that items 9E, 9F, and 9G are all very similar and each have two parts, one where they are acting as the Local Planning Agency and one acting as the City Commission, even though we are required to take six different votes on this maybe we can cover it as one topic and then vote the six times, City Attorney Ottinot said that is fine however it is a public hearing and we have to open each of them. Mayor Edelcup said he would like to take them collectively and City Attorney said that was fine. City Clerk Hines read the title. Mayor EdeIcup said all of these are basically the same, this item is 9E relating to the Multifamily Residential Zoning District, RMF-2, Item 9F relates to the Neighborhood Business District B-1, and Item 9G relates to the Town Center Zoning, so all three (3) of these are identical in nature except that we are taking each Zoning District independently even though we can discuss them all in total. Assistant City Manager Vera reported that a couple of months back we had a workshop regarding the look that we would like to achieve along Collins A venue. He said the Commission took a hard look at this and they decided that they would like to have the open- air effect instead of a canyon effect, which the current B-1 would have created and so the Town Center zoning was recreated with the step-back, the building sets back as we get farther into the properties. He said they took a look at all the parcels abutting Collins A venue and took the depth of them, and depending on the depth, we assumed different scenarios and within those scenarios, just to be sure that all the property owners reserved their rights to build what originally was permitted there. He said right now as it stands, the property owners could build what is permitted there from what was there before, the previous zonmg. Public Speakers: Sagi Shaked, Esq. Commissioner Goodman asked if he meant grand fathering in for the people who own property and we are changing it now. Assistant City Manager Vera said no, when we are doing these modifications to the ordinance, we need to assure the property owners that we do not take away any rights from them and we do not leave them with an non-buildable site. He said right now all the property owners, after taking a look at it and with the modification we've made, can still build a building within the parameters that they had previously, just a little bit different, a little more setback, a little different design but they can still build it. Mayor EdeIcup said basically it is assuring that the same volume can be built on the property, and Assistant City Manager Vera said the height, the FAR, everything remains the same, it is just the design, just like we saw earlier today [6A]. Sagi Shaked, Esq. said he is here on behalf of Texaco on 183 rd Street and Collins A venue. He said what they have issue with is the 50-foot setback and for this specific property with 9 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida this Ordinance what you have the effect of happening is, when you have that setback there is never anything that property can be but a gas station. He noted that at the last Commission meeting the Commission said they would make specific rights for specific properties, everyone would have the ability to come in and ask for that setback not to effect them, and this is one of those properties that will be effected. He said it will effect the beautification of the City specifically by having the gas station, it is an old building, and the property owner cannot do anything to that building so it will always be there. He said he feels what should happen is that every piece of property should be taken specifically on its own, that area is commercial, and so what he is asking is that the accommodations for setbacks for certain properties specifically this property with the setback there leaves no room for development and so he just wanted to note their objection to the setback on this property. Mayor EdeIcup stated as they said at the last meeting, we know that there are sometimes small properties here in the City that have to be dealt with just like we dealt with them on the east side of Collins Avenue. He said that generally resulted in somebody coming to the City with a specific site plan and that specific site plan could be asking for variances which the Commission would consider and either deny or grant based on what is being presented to them. He said he thinks that that is the best way that they can handle this since there isn't a specific site plan before us at this moment for that piece of property. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2006-39 was adopted by a voice vote of 5-0 in favor. 9E.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-34 of the Land Development Regulations Relating to "Medium-High Density Multifamily Residential Zoning District (RMF -2)", Establishing Setback Requirements; Providing for Purpose and Intent; Establishing Building Separation Requirements; Providing for Landscape and Utility Easement; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 11/16/06) Action: Assistant City Manager Vera reported. Public Speakers: Sagi Shaked, Esq. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2006-271 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Iglesias yes Vice Mayor Thaler ~ Mayor Edelcup yes IO Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 9F. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9F.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Sections 265-36 and 265-38 of the Land Development Regulations Relating to "Neighborhood Business District (B-1)" and "Cultural and Educational Zoning Overlay District (CED)", Establishing Setback Requirements, Attached as Exhibit "A"; Providing for an Effective Date. Action: Assistant City Manager Vera reported. Public Speakers: Sagi Shaked, Esq. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2006-40 was adopted by a voice vote of 5-0 in favor. 9F.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-36 and 265-38 of the Land Development Regulations Relating to "Neighborhood Business District (B-1) and Cultural and Educational Zoning Overlay District (CED)"; Establishing Setback Requirements; Providing for Purpose and Intent; Establishing Building Separation Requirements; Providing for Landscape and Utility Easement; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/16/06) Action: Assistant City Manager V era reported. Public Speakers: Sagi Shaked, Esq. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2006-272 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup ~ 9G. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9G.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-37 of the Land Development Regulations Relating to "Town Center Zoning District", Establishing Building Separation Requirements for Property Abutting Collins A venue, Attached as Exhibit "A"; Providing for an Effective Date. Action: Assistant City Manager Vera reported. II Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida Public Speakers: Sagi Shaked, Esq. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2006-41 was adopted by a voice vote of 5-0 in favor. 9G.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-37 of the Land Development Regulations Relating to "Town Center Zoning District"; Establishing Building Separation Requirements for Property Abutting Collins Avenue; Providing for Purpose and Intent; Providing for Landscape and Utility Easement; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/16/06) Action: Assistant City Manager Vera reported. Public Speakers: Sagi Shaked, Esq. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2006-273 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Iglesias yes Vice Mayor Thaler yes Mayor EdeIcup yes 9H. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Creating a New Chapter Entitled "Fire Prevention and Protection Regulations"; Providing for Purpose and Intent; Providing for Definitions; Providing for Applicability; Adopting Local Amendments to the Florida Fire Prevention Code and the South Florida Fire Prevention Code; Providing for Penalties; Providing for Appeal; Directing Transmittal to the Florida Building Commission, State Fire Marshal, and Miami-Dade County Fire Marshal; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/16/06) Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Thaler asked if this means that every building that has been approved so far by the Fire Department will now have to upgrade, and Assistant City Manager Vera said not necessarily, it all depends on how much that they don't meet this. He said it is the older type buildings that would have to provide fire safety issues, so they still have to go through the Fire Department, it is all up to the Fire Department whether they want something or not. He said we can put in the regulations, but the Fire Department makes the final decision. He said the Fire Department rules as far as for accesses and any other safety issues. He said that we 12 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida are trying to implement something, we did not have this in the Code before, so we are trying to push this because we have seen several occasions that the Fire Department had a lot of problems getting to certain fires or emergencies, and that is what we are trying to achieve with this. Mayor Edelcup said basically we are giving the Fire Department added relief. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2006-274 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias 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, ("City") Authorizing the Transfer of Development Rights ("TDRs") in the Amount of 1 0 1 ,640 Square Feet of Floor Area and 56 Dwelling Units from the Tract "B" Porto Bellagio Bank to Jerry's Famous Deli, Inc., (the "Applicant"), (TDR2006-04), Pursuant to Section 265-23 of the City's Land Development Regulations (LDR's), and Site Plan Approval, Pursuant to Section 265-18 of the LDR' s, to Permit the Development of IS-Story Condominium Towers with a Total of 243-Residential Units, on the Property Located at 17150-17190 Collins Avenue, Subject to Conditions; Providing For An Effective Date. Action: [City Clerk's Note: This item was taken out of order and heard after 6A.} City Clerk Hines read the title and Assistant City Manager Vera reported. Mayor Edelcup noted for the record that these are from a private bank. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-1016 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, Creating a Partnership between the City and the Greater Miami Convention & Visitors Bureau for the Purposes of Promoting the City as a Tourist Destination; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was taken out of order and heard after lOA.} City Clerk Hines read the title and Mayor Edelcup reported noting that the Greater Miami Convention & Visitors Bureau is willing to assign an employee to the City and promote the City as a tourist destination, and in return the City will provide the Convention Bureau employee with office space and office supplies, including an office telephone and computer. Public Speakers: David Whitaker 13 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida David Whitaker, Senior Vice President of Marketing and Tourism for the Greater Miami Convention & Visitors Bureau thanked the Commission and introduced Ibis Romero who is an Associate Vice President of the Bureau and will be a full time employee here at the City Government Center. Mayor Edelcup said that we are looking forward to having Ibis here at the beginning of January. He also said for the record that he would like to thank Senator Gwen Margolis for helping him on the initial meeting that they had with Bill Talbot and David Whitaker about 3-4 months ago which started off the dialogue that has led to today and the new partnership that we have. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1017 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: The Commission took a short recess after this item before moving on to Item 7 A.} 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Donation of Outdated City of Sunny Isles Beach Cellular Telephones to Women in Distress, a Non-Profit Organization; 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 Information Technology Director Derrick Arias reported noting that this was suggested by Commissioner Brezin. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2006-1018 was adopted by a voice vote of5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager, on Behalf of the City, to Apply for and Accept a Florida Communities Trust Grant through its Florida Forever Program, for the Reimbursement for Property Acquired at 19200 Collins A venue, for Open Space and Park Purposes, in an Amount of up to $9.9 Million; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported that this grant application authorizes the City to seek partial reimbursement up to $9.9 Million for costs incurred for the acquisition of the 192nd Street Park parcel. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1019 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Expend Monies from the U.S. Department of Justice Through the Florida Department of Law Enforcement, Justice Assistance Grant (JAG) in the Amount of$3,811.00, to Purchase a Weather Tracking Station; 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 this is to purchase a weather tracking station that will be installed on the top of the Government Center and utilized in our communications center to track severe weather warnings. He said it would also be used as a storm ready certification that they are seeking. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1020 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with Section 932.7055, F.S. to Expend $47,000.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, for Various Contributions and for Legal Costs Associated with the Asset Forfeiture Process; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Chief Maas reported. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-1021 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 Administrative Budget Amendments for Fiscal Year 2006-2007 Adopted Budget Transferring $50,000.00 within the Public Works Department Budget to Hire Three (3) Part- Time General Laborers; 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 City Manager Szerlag reported noting that this is for three (3) positions in the Public Works Department, primarily allocated for maintenance. He said initially they thought that they would utilize a third party contractor and hence we had $50,000.00 in the other professional services line item,and we now believe we can be more expedient and cost effective to have these employees be employees of the City. He said it is merely a paper transfer with no increase in our budget, merely shuffling from one fund to the next. Public Speakers: none Commissioner Brezin asked within that shuffle, what is the trade off to have these extra people working. City Manager Szerlag said the trade off is that we will have a better looking 15 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida City and that is one of our primary objectives for City Management is to have the City excel in landscaping and its general appearance and the condition of our streets, signs, and public beach accesses. He said we are a little light in the area of Public Works and Parks maintenance and he is recommending that we hire personnel in those positions, and if we notice an appreciable difference, he will be coming back to have full time employees in those positions. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2006-1022 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, Authorizing the City Manager to Prepare Plans and Specifications Showing the Improvement, Location and Estimate of Costs for Certain Capital Improvements Related to a Special Assessment for Atlantic Avenue, Commonly Known as the Atlantic Isle Residential Area; Authorizing the City Manager 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 Manager Szerlag reported noting that initially when he did the power point presentation to the property owners he recommended a 20-year schedule but has now revised his recommendation to a 25-year schedule of payments which essentially takes the average cost on an annual basis to under $1,000.00 for the resident. He noted that he is proposing a 50/50 split between the City and residents for sanitary sewer installation and roadway improvements, with the City paying 100% of drainage improvements. He said that he will be sending out and reviewing, along with Assistant City Manager Vera, a Request for Qualifications so that we can then select an engineering firm to give us hard line drawings, plans and specifications for the project. He said their objective is to select an engineering firm by March 2007, have specifications ready by June 2007, permitting by September and construction to commence in December, and the total cost for the project components are $2,674,000. He noted that we anticipate having a public hearing authorizing the Special Assessment project by the June 2007 City Commission meeting, and at that point notices will go out to all the residents and there will be a public hearing. Public Speakers: Bud Scholl Mayor Ede1cup noted for the record that he and Commissioner Iglesias will not be voting on any of these resolutions or issues to come before the Commission since they are property owners on Atlantic Isle, and in order not to give the appearance of any conflict of interest, the voting will be determined by the majority ofthe three remaining Commissioners, upon which he passed the gavel to Vice Mayor Thaler. Vice Mayor Thaler said in going through it, there are a number of items that he did not understand. He said on page 322 of the agenda package, under "Participation Estimate", the total project here is $4.6 Million plus, and City Manager Szerlag said the total project is $4.6 Million and the letter he is referring to and having plans and specifications developed for are the Special Assessment Project components which consists ofthe sanitary sewer, pavement restoration and resurfacing, and drainage, and those three (3) numbers total $2.6 Million. He said regardless of what happens with the Special Assessment Project, we would still be going 16 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida through with the undergrounding of the existing utilities, street lighting, water main improvements, and the private electrical service. Vice Mayor Thaler said assuming the project is put through, there is a 63% of the project would be by the public and 37% would be on the private side, and City Manager Szerlag said he is not sure because we first have to define public as there are three: the City of Sunny Isles Beach, the City of North Miami Beach, and FP&L. Vice Mayor Thaler said that this number can be broken down even finer, and City Manager Szerlag said that he can do that, he can determine the funding sources from every project. Mayor Ede1cup said that the document speaks for itself, it takes each item and shows what the split is, if you have done the math on the total, that is an immaterial number, they are separate projects. Vice Mayor Thaler said he wants the numbers listed. Vice Mayor Thaler said that $2.6 Million of this would be up-fronted by the City, and then the City would get it back. City Manager Szerlag said that is correct, we would up-front everything with the funding sources indicated in his memorandum, and then part of the funding would then be sent back $1,009,000.00 to the City of Sunny Isles Beach Special Assessment Fund that will establish at the rate of 5% on the unpaid balance so that it would also be essentially a revenue source. Commissioner Goodman said that you are going out 25-years now, what happens if the people in Atlantic Isle wanted to pay it off and not take the 25-years, and City Manager Szerlag said that there would be no pre-paid penalty, the property owner would have the opportunity to either pay it up front totally, or make payments, or pay it off upon the sale of transferred property, and there is no interest penalty. Mayor Edelcup said that is the one that should be noted most, that if somebody sells their property it is due and payable at the time of sale and the 25-years no longer runs. Commissioner Brezin said that the payments are only applicable to the current owner of the property that can be paid out over the 25-years, and the City Manager said that was correct. Commissioner Goodman said being that the City is going to be the beneficiary of the 5% loan that means the City would be making that much money to offset the fact that we are financing part of deal, the City would be gaining some money from the interest. City Manager Szerlag said essentially the 5% would be like a five-year T-Note for 25-years. City Manager Szerlag said that City Attorney Ottinotjust advised him that the Special Assessment could run with the land upon a sale, and City Attorney Ottinot said correct, that is permitted under the law. Commissioner Goodman asked why are we doing that, it would be like a mortgage if people want to take a mortgage, it seems to him that it would benefit the City if they didn't pay it off because we would be getting the interest, so why would you want to add to say that the people that are buying the property would have to pay it off. Vice Mayor Thaler said that interest rates down the road might be 15% or it might be 20%, and he asked that they go through the changes and have it that it must be paid off if the property is sold. City Manager Szerlag said he would like to have that but that it is up to the City Commission, and Commissioner Brezin said there would be no changes, if the property is sold it remains that it has to be paid, and City Manager Szerlag said he would like to structure it that way. Commissioner Goodman said that he was very pleased that more then 50% of the residents of Atlantic Isle signed the petition to go ahead with it. 17 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida Bud Scholl, a resident on Atlantic Isle, said he has an issue with the forced payment on sale for a couple of reasons: the benefits run with the property, so ifhe is a property owner for three years and because the buyer doesn't have to pay for that acceleration, the seller has got to pay for it, the seller is the one that is going to have to pay for all the improvements when they sell their property and the benefit of those improvements run with the land, so it doesn't make practical sense because I am entitled today. He said ifhe sold his property six months from now he is going to get hit with a $20,000 plus bill, and as long as the City is collecting interest, none of them can predict interest rates. He said the City is a very cheap cost of funds when they borrow money which is a benefit to the City and the City Manager is passing somewhat of that along to the property owners and giving the property owners a break on the financing costs, but he doesn't see the logic behind forcing the current property owner of paying it off whether it is one year or twenty years at that point in time. He said he would rather see the current property owner that wants to pay it off and they don't want to pay for the carry and at some point they refinance their property and they just want to include it in their property and not have a higher tax rate, that is up to them. He said he would rather see it in the standpoint of it is either or, as City Attorney Ottinot said, that is available if we want to do it that way. City Manager Szerlag said that is an excellent argument and that is an option and a perspective, and another perspective would be that our Assistant City Manager over Finance would be able to achieve more then a 5% return in all of our investments. He said the reason for the 25-year schedule was to make it easier on the existing property owner. He said another issue is that, Mr. Scholl's argument is more solid ifthe property owner paid for all of the cost for a Special Assessment, but since the property owner is paying essentially for less than half of the cost, there is an up-front benefit by the City that is attributed to that particular property owner that if the Assessment ran with the land, the subsequent property owner is paying the burden on the balance of that Assessment where the first property owner took the benefit of value from the City on that Assessment. Mr. Scholl said if you make the assumption that all the value is up front and that is the premise of the City Manager's assumption, and that is where he may disagree on that assumption. He said the City Manager structured a find proposal but it would just appear to him that getting front loaded for the existing property owner, the benefits in his mind, stem over time by the beautification ofthe island, the benefit to the City, higher tax values, etc., and so the benefits in his mind are not completely front-loaded. He said one could argue that house values are very high now and the fact is, is it material to the value of a sale of a home on Atlantic Isle as far as paying it off is concerned. Commissioner Brezin said if she were a purchaser she could certainly realize the benefits of having this done when she is purchasing a property and therefore in dollars and cents that person is getting the benefit of what we are doing. She said the value of the property would be more and therefore the seller would be receiving more money for the property as a result of the City doing all of this to enable them to be able to sell that property at a higher price. City Manager Szerlag said that he would like the authority to essentially proceed and authorize him to develop plans and specifications, he will then send out an RFQ, go through the interview process and come back to the City Commission with a proposal to select a City 18 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida Engineer based on qualifications to develop plans and specifications, that would be hopefully by March 2007. He said also during that time frame, hopefully and working in conjunction with the City Attorney's Office, we will have an ordinance developed as well as the response back from Tischler and Associates, and once we get the plans and specifications, and the ordinance in place, then the next step is to schedule a public hearing. He noted that at the public hearing affected residents on Atlantic Avenue can articulate their input on the project and that will be hopefully by June 2007. He said at that point the Special Assessment Roll would also be spread over 25-years, and it is up to the City Commission if they want to have payoffs, or no payoffs upon the transfer of property, all the details will be up to the City Commission, but it has to be with great specificity down to the penny what that Assessment cost is going to be on a per parcel basis. City Manager Szerlag also noted that he has recommended to the residents that should the Special Assessment cost to the residents be less than the actual cost because there is an increase in the construction he is recommending that they not increase the Special Assessment cost to the residents. Commissioner Brezin said then that if the City's overhead is higher, the City is not going to put that burden on the resident, you are going to leave it as is and the City will absorb that additional costs, and City Manager Szerlag said yes. Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution, and City Attorney Ottinot asked for a roll call vote. Resolution No. 2006-1023 was adopted by a roll call vote of 3-0-2 (Mayor Edelcup and Commissioner Iglesias abstained) in favor. V ote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Ede1cup yes yes abstained yes abstained 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Amendment to the 181 st Drive Active Park Inspection Services Agreement with Calvin Giordano & Associates, Inc. for Additional Construction Management Services as the Construction Manager, in an Amount of $39,312.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute said First 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 City Manager Szerlag reported. Public Speakers: none Vice Mayor Thaler asked if the time of completion on this Park will change, and City Manager Szerlag said our target date is still on schedule, we just want to have a better managed project. Mayor Edelcup asked when the Active Park will be completed, and Shahin Hekmat said as it stands today, we are still looking at August 2007 for completion of the Active Park. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2006-1024 was adopted by a voice vote of 5-0 in favor. 19 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida 10J. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A) for the Central Island Drainage Project, in an Amount Not to Exceed $24,010.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First 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 City Manager Szerlag reported. Public Speakers: none Commissioner Goodman asked when this project will be completed, and Shahin Hekmat said with this additional fund that is going to be approved tonight for BHA the consultants, we are hoping to complete the plans within the next 30-days, at which point we will be able to go out for permits with DERM and the Florida Department of Environmental Protection. He said that would be an approximately 60 to 90 day process at which point we will be able to bid the project about 30-45 days we will make a recommendation at that point, and we are looking at 6-9 months construction of the project, that will take us sometime to the middle of 2008. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1025 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 Charitable Contribution to the City of Hope, in the Amount of$1 0,000.00, for the City of Hope 2007 Spirit of Life Award Dinner; Authorizing the City Manager 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 Manager Szerlag reported. Public Speakers: none Mayor Edelcup passed the gavel to Vice Mayor Thaler and abstained. Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2006-1026 was adopted by a voice vote of 4-0-1 (Mayor Edelcup abstained) in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding Developing Branding for "Sunny Isles Beach, Florida's Riviera". Action: [City Clerk's Note: Copies of the power point presentation were handed out prior to the meeting.} Administrative Services Director Alyce Hanson reported that the City has an 20 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida agreement with Altius to develop branding for this City and, at the direction of the City Commission, we are changing the tag line from "A Life With a View" to "Florida's Riviera". She noted that Alexa LaFaurie from Altius is here to show the Commission a few examples and to get the Commission's input on the direction that they want to go with that tag line. Alexa LaFaurie gave a power-point presentation on the branding with different fonts, styles, images, and icons. Commissioner Brezin said upon looking at these presentations that the main thing should be the City of Sunny Isles Beach and in each ofthese examples, "Florida's Riviera" is predominant over Sunny Isles Beach, and instead of making that the main focal point it should be in addition to City of Sunny Isles Beach, because on some of these you can't even see Sunny Isles Beach. Mayor Edelcup said it should be reversed and Commissioner Iglesias agreed. Mayor Ede1cup said if they will reverse "Florida's Riviera" and "City of Sunny Isles Beach" that would accomplish what the Commission is trying to say. Ms. LaFaurie said that she will reverse them. Ms. LaFaurie also presented two options for the City's 10th Anniversary Seals, and Mayor Edelcup said that Option 1 stands out more because the lOth is more prominent and it still captures the wave. Mayor Edelcup noted that this will only be used for one year. Vice Mayor Thaler asked if the two dots in Option 1 can be the same color as the border to give it a little more color, and Ms. LaFaurie said that it can be done, and the City Commission concurred. 12B. Discussion on an Update of the City's 10th Anniversary Celebration. Action: [City Clerk's Note: Thel O-Year Anniversary Celebration Fact-Finding Report was handed out prior to the meeting. This item was heard after l2C.] Administrative Services Director Alyce Hanson reported that one of the items that we are revisiting is hosting the dancers from Netanya, Israel because originally their request was a little beyond what we felt we could do. She said the Committee has gone back to the people in Netanya, Israel and she asked Committee member Madi Thaler to report on what they are requesting. Madi Thaler reported that they would be sending 12-people to dance, and we are questioning if they are sending a chaperone. She said that they are requesting that the City provide the air fare, housing, and food, and for that they would give two performances: one would be just prior to the fireworks on Saturday at about 8: 15 p.m., and the other one is a possible Thursday evening performance. She noted that the Mayor of Net any a is very anxious for us to have this group here. Ms. Hanson said the Committee was talking about having a performance of the dancers on Thursday night and opened to the public, and if we did it at the Ramada there are about 600 seats there and perhaps sell tickets. She said the Committee wanted to get direction from the City Commission if that is something that they wanted them to pursue. Mayor Edelcup said what they are requesting is air fare, housing, and food, for 12-people, for $12,000 to $15,000, and then the housing would be hotel rooms at about $100 per person per night for about $3,000, and then the food, so we are talking about $25,000 to bring them here, and that is part of our $250,000 budget that we provided. Ms. Hanson said that they will try to get sponsorships for some of this, maybe in-kind services. 21 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida Mayor Edelcup said his inclination would be to provide the entertainment free because if we are getting sponsorships and the City is paying for part of it, there should be no charge to the public. Ms. Hanson said the Thursday night event would not be tied to hosting the Sister City, that would be a separate event, and the Committee was suggesting that the performance should be after that event in a different venue. Mayor Ede1cup said then that the Committee is recommending two performances, one Thursday night at the Ramada which will be limited to the capacity of the room (600), and the second performance Saturday night in the Oceanfront Park for the entire public. Vice Mayor Thaler said this is a matter of whether we want to have them or we don't want to have them, we should be able to get some sponsorship from the hotels and perhaps even some ofthe builders. Madi Thaler said that we should say that they have to call and reserve tickets and that it is on a first come, first serve basis. Mayor Edelcup said that if they don't get a ticket for Thursday night, they can see a performance on Saturday night at the Park. Madi Thaler said she asked them what they require, and they said they need the size of the performance area, and that they bring in their own mUSIC. Vice Mayor Thaler said what they are asking is if we want the dancers or we don't, and Mayor Ede1cup said that we are hearing that we do want them, and Vice Mayor Thaler said that he thinks we should have it and go out and solicit as much as we can, pay for it, and the Commission agreed. Ms. Hanson said that they will set that up. Administrative Services Director Hanson noted that the Committee is working on sponsor opportunities in a letter to be mailed out in early February 2007, and staff will be moving forward on bidding requirements for any services that are estimated to be more than $25,000 such as food and fireworks, and in early 2007 we will be bringing to the City Commission for approval other services that will be costing over $10,000.00. She said the Committee is still reviewing items for possible give-aways, and that the Library has been cooperating with the City to run a contest for children to have a graphics art contest. She said that at the Friday night event we will announce the winners of that contest, and the graphics that have been chosen to win will be put on t-shirts that would be handed out free to the children at Friday night's event. Administrative Services Director Hanson said that the other thing they talked about was that someplace in the 3-day event we would acknowledge Harvey Graves the founder of Sunny Isles, and asked the City Commission if they have some input as to what that would entail. Mayor Edelcup said we should do that whenever we are going to be at the Town Center Park and the cost there again, we would probably be paying for the air fare for the great grandson and the great granddaughter and put them up for the one or two nights that they would be here. Mayor Ede1cup said he didn't know which night that they want to plan it for but it looks like it will be that Saturday, and Ms. Hanson suggested we could do it on the 16th at the beginning of that event to dedicate the mangrove. Mayor Edelcup said we wanted to dedicate the mangrove at the Town Center Park as the Harvey Graves Mangrove Reserve, and we can do the dedication simultaneously with that on that Saturday. He noted that now that we have Ibis Romero here with the Greater Miami Convention and Visitors Bureau we ought to invite her to the meetings, and there may be some funding that they can do through the Resort Association that will help defray some of these costs. Ms. Hanson said that they have already mentioned the event to her but that they can certainly invite her to the meetings. 22 Summary Minutes: Regular City Commission Meeting December 14, 2006 City of Sunny Isles Beach, Florida Mayor Edelcup said that she may be the person that we may want to use to raise funds from the hotel group. Ms. Hanson recapped the scheduled events over the three days. She said that on Thursday, June 14, 2007 they will be hosting Sister City Netanya, Israel, a dinner for about 50 people and then the possible performance by the dancers from Netanya. She stated that on Friday they are planning the Family Fun Fest in Senator Margolis Park for children in the community with games and desserts, and that is where we will be announcing the winners of the children's Graphic Art Contest. She noted that the Library has already scheduled in early April some classes through the Library where they are going to be inviting children to participate and they have hired a graphic artist to teach those classes. She said Saturday is the birthday celebration at Samson Oceanfront Park and at the Town Center Park with food and entertainment including the Letanya dancers and culminating with fireworks at Oceanfront Park. Mayor Edelcup asked if they could include in that three-day period something with the publishing of the book, and maybe Seth Bramson could give a talk or a lecture using the slides from the book tying that into our 10th Anniversary. Ms. Hanson asked ifhe wanted a book signing, and Mayor Edelcup said some kind of an event tied to the book to Seth and a presentation, and that would also be the time that they can pick up a book once you figure out how you are going to control the distribution ofthe book. Commissioner Iglesias asked if we are making arrangements in case it rains, and Mayor Edelcup said for not only the rain but it may be hot so we should probably be using big tents similar to the one we had 4-5 years ago during the City's website launching, and have it available in both parks. Ms. Hanson said that they will look into that. 12C. Discussion on Sponsorship and Advertising Guidelines. Action: [City Clerk's Note: This item was heard after l2A.] City Manager Szerlag reported that Administrative Services Director Alyce Hanson is working with the City Attorney's Office to develop a draft overall policy for solicitations, sponsorships and advertising and it holds two salient components. He said the first one is that he would like to know if the City Commission wants to encourage both public and private participation in sponsorship and advertisement activities and fund raising, and if that answer is yes, would you like staff to engage in that kind of activity for sponsorships and advertising. He said he would like to have a policy that would have no one on staff that has regulatory authority, such as himself, the Assistant Managers, the Attorneys, the Financial Division, the Police Department, Building Inspection, Zoning, Code Enforcement, any of those officials to have any interplay with soliciting sponsorships or advertising. He said it would be primarily just someone like Administrative Services Director Alyce Hanson that has no permitting, regulatory authority, or Cultural and Human Services Director Susan Simpson who has no authority in that regard either. He said essentially those two in combination or individually could work with a resident committee for that endeavor of soliciting advertisements and sponsorships. Mayor Edelcup said that the City has a history of having sponsorships be made available. He said that there are a number of businesses and developers in the City that have wished to 23 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida participate and it has been a cost savings for the City to have that participation, so it would be his recommendation that we continue with the practice that has been in place for the last nearly ten (10) years. Vice Mayor Thaler said that he doesn't see any reason to change that and that he feels that it should accelerate. Commissioner Brezin said that she would like to give the City Manager the opportunity to present information showing that it would be advantageous to us making the change. City Manager Szerlag said he just wanted to formalize the process. Mayor Ede1cup said that is the first part of your question, and City Manager Szerlag said we will still proceed in that endeavor, other cities do that as well. City Manager Szerlag said the second part is that no one with regulatory authority would actually be engaged in this solicitation. He said it is essentially to centralize and formalize a process and City employees will also know which part of the organization can be engaged in that activity. Mayor Ede1cup said it should be a higher level person within the organization that has creditability asking if some business or developer wants to make a contribution. City Manager Szerlag said it would be a department head, either the Administrative Services Director or the Cultural and Human Services Director, and that we will have a formalized process in the near future. 12D. Add-On: Discussion regarding Active Park - Playground Equipment. Action: [City Clerk's Note: This item was added, see action under ltem 4A.] Cultural and Human Services Director Susan Simpson reported that it has been a couple of years since the Commission has seen any of the design plans for the Active Park, so now that they are actually ordering the equipment, they just wanted to run it past the Commission one last time to make sure it was the color schemes and everything that has been approved. Mayor Edelcup asked if the playground equipment and shade covers that are being ordered, are similar to what we have in Town Center Park, and Ms. Simpson said the Shade Covers are very similar but are on a slightly smaller scale, they are durable and will hold up if installed properly. She said the playground equipment is styled differently, same kind of product, different company. Vice Mayor Thaler asked where it will be going in the Active Park, and Ms. Simpson said between the Community Center and the gymnasium, not on the field, and it will be blocked on all three sides by the Community Center and the gymnasium. She said the playground is separated into two sections, one for 2-5 year olds, and another section for 5-12 year olds. Commissioner Goodman asked where the entrances will be, and Ms. Simpson said the Park has two entrances one on the north side and one on the south side and this is an open area that is in between the two. Commissioner Brezin asked if the area is large enough to accommodate the same size shade area that we have at the Town Center. Ms. Simpson said each of the individual pieces of fabric are smaller but it is more separate structures, so it is providing as much shade as the Town Center Park just with smaller pieces. Mayor Edelcup asked that the Active Park in general has one wall we need to make sure that we are providing that the pelican is mounted on that wall before we get too far down on construction and we totally can't do it, we want to make sure that we have our order in early on so that we can figure out how we can do it. Ms. Hanson said that we need to get on that right away because it is her understanding that the Commission wants it to face the school 24 Summary Minutes: Regular City Commission Meeting December 14,2006 City of Sunny Isles Beach, Florida and that wall is wavy, it is a glass block that is not flat. Mayor Edelcup said that they need to come back to the Commission with a suggestion on how to do that. Vice Mayor Thaler said that we need a little more color for the playground, and Ms. Simpson said it is consistent with the dugouts and the pavers that will be there and the color concrete, everything is tied in together. Mayor Ede1cup said that we don't want too many colors, and Vice Mayor Thaler said it still needs more color in the canvass. Ms. Simpson said the plastic pieces are either blue or green, the platform pieces are a reddish color, and the poles are beige. Mayor Edelcup said he is not in favor of mixing the colors. Vice Mayor Thaler felt that there should be more color such as red or orange that would brighten it up. Mayor Edelcup made a motion to keep it blue and green, and the Commission concurred. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Goodman moved a motion to adjourn, and Mayor Edelcup adjourned the meetl~g at 10:35 p.m. ~ . . ,A.. \ "".. ~ .,... .;f. ~espectfully submitted by: .~'It\ L , Jan~,A. Hines, CMC, City Clerk .:, \ ( I ~ ,. . ,,,," . ~ .."....; 0.. 25 , FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS s NA~E OF BOARD, COUNCIL~ COMMISSION, AUTHORITY, OR COMMITTEE / I tV .5 ",,z!> cnctl etlr'I;Y1155.lo/1/ THE BOAR ,COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON IM-iICH I SERVE is A UNIT OF: 'ITY 0 COUNTY 0 OTHER LOCAL AGENCY NA~E OF POLITICAL SUBDIVISION: 5utV, . IS LE5' 8O!Ctf L. MY POSITION s: ELECTIVE o APPOiNTIVE DATE ON IM-il 1.5 L-c -pgflff v"o h COUNTY frJ ,!t>>1I- 0 J1 j)~ 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 Howev' must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and wheth by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOT TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible fr minutes of the meeting, who will incorporate the form in the minutes, (Continued on other side) CE FORM 8B - EFF" 1/2000 .. l 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 I, L~ffl! /I If) S, bJt:jC(/~ , , hereby disclose that on DE{~fjee. It{- ,20{)~ : (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 whom I am retained; or 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: , by , which (!.-!(flr17t,J tF A S;tCiltL t1.t.5eS.5/Ylehl.r j)/srt.tC, IAJ 'THe It/( € If 1/0 \;lJ l,tI c: if y Re 5', [) C JJav,~ if, I 'V p () /; Date Filed 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" PAGE 2 CE FORM 88 - EFF" 1/2000 FORM 88 MEMORANDUM OF VOTING CONFLICT FO~ COUNTY MUNICIPAL AND OTHER LOCAL PUP. .- S. ~RS NAME OF BOAP" ~ /1 "E '51 d4.J NM ",- Yf'~ \O~ " ~ 15 l.A:; COUNTY Id~I( - 011/)1: n 'M MYP WHO MUST FILE H This form is for use by any person serving at the county, city, or other locallevl commission, authority, or committee. It applies equally to members of advisory conflict of interest under Section 112"3143, Florida Statutes" ~il, Ig Your responsibilities under the law when faced with voting on a measure in which on whether you hold an elective or appointive position" For this reason, please p. completing the reverse side and filing the form" _ ",' _allY depending _ ,,';:llructions on this form before 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) PAGE 1 CE FORM 8B - EFF" 112000 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, Jf(Y/JpJ S DISCLOSURE OF LOCAL OFFICER'S INTEREST ~Dac JI , hereby disclose that on P fZ 01Pi:-"?Z- I Y- 200' . , -' (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 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 ~~f1jJ1ISS~~~ /ll'j>;(uv!h- t? r tTiJ 'f I~ E e iT 7 tJ i:: If tJ f'S /f H ,.t'{ 15 H-vfll6~ J!II 6- Me It- i}/;4 ~ j} I fI) fe 6 I yO 0 7 !l t! ; '7 7' f)o /J IJ-'{I () .J If Ct/IlRI '(.4/3 C i!J;(G/f,lt.l/2#'7IoAJ , I W I 'It! /1f~1 R \\ SfJRl'1 oP L I FE Del &11r?j,q( I~ , , 'vOO b ~U,JJ4M7-- j(gnature .I / Date Filed 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, PAGE 2 CE FORM 8B - EFF" 112000 f FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS L NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD. COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON VVHICH I SERVE IS A UNIT OF: o CITY 0 COUNTY 0 OTHER lOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: o ELECTIVE o APPOINTIVE 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST J)t1-v\ VI v\ i. r If'~ I yq...:\ , hereby disclose that on .. tt (a) A measure came or will come before my agency which (check one) ~red to my special private gain or loss; I, ,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 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: , by , which /1. I ''-i { 06 Date Filed 8;9",lu", ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, 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