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HomeMy WebLinkAbout2006 0706 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Thursday, July 6, 2006, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES 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. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias (arrived at 7:31 p.m.) Commissioner Lewis J. Thaler (via Conference Call) 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: Richard C. Schulman led the Pledge of Allegiance to the flag, and gave an invocation. Mayor Edelcup gave opening remarks of decorum, and noted that Commissioner Thaler is here via conference call as he is up north. 3. RESOLUTIONS 3A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Uniform Sign Plan Submitted by Leroy Wiener, Partner W-Z Sunny Isles for Shopping Plazas Located at 215 - 255 Sunny Isles Boulevard, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority 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 Assistant City Manager Jorge Vera reported. Mayor Edelcup noted that this is an administrative proceeding. Assistant City Manager Vera said that in speaking with Commissioner Thaler who suggested trying to have some type of uniformity on Sunny Isles Boulevard, where there are two or three shopping centers which could have a very different signage from one shopping center to the other. He said staff, in keeping with the uniformity, will be discussing with the other property owners to try to keep within the signs that have been submitted under this shopping center. Summary Minutes: Special City Commission Meeting July 6, 2006 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-940 was adopted by a voice vote of 5-0 in favor. 3B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Uniform Sign Plan Submitted by RK Associates for Shopping Plazas Located at 168 - 180 Streets and Collins Avenue, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority 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 Assistant City Manager Vera reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-941 was adopted by a voice vote of 5-0 in favor. 4. DISCUSSION ITEMS 4A. Discussion regarding Demolition Procedures. Action: City Manager Szerlag reported noting as a newer city, one of our ongoing objectives is to have clear and consistent policy procedures for all major municipal issues. He said in the manner of which our Building Official declares a building as unsafe is certainly a procedure that needs to be cast in concrete so everyone knows exactly what is going on and an indication is present as to why a structure is declared unsafe by a building official. He said that Mr. Parker as the City's Chief Building Official has the sole authority to determine whether a structure is unsafe. He noted in his report intervening variables that has an impact on the time frame from when a declaration is made for an unsafe structure as to when that issue reaches fruition resulting in either repair or demolition. He said there are variables that we have no control over, one of them we do, and that is Mr. Parker can grant an extension of time. He said an extension for time frames to make repairs or demo structure that is unsafe will only be made by Mr. Parker for extreme conditions, ie. weather factors, and noted that an economic hardship is not an extreme condition. City Manager Szerlag noted that on Mr. Parker's first power-point presentation that pertained to glass and balconies, it was put together so well that a judge in the area had asked for that power-point presentation so that she could help render a decision on a matter that was before her, and Mr. Parker has given that presentation numerous times. Building Official! Administrator Clayton L. Parker gave a power-point presentation on "Unsafe Structures: Establishment of Defined Procedures". He noted in the summary of unsafe buildings a correction in the addresses ofIHOP, 300 Sunny Isles Boulevard, and the bank building, 290 Sunny Isles Boulevard. Public Speakers: Rebecca Henderson, Esq.; Mark Schorr, Esq.; Moshe Weitz; Mercedes Cantrell; John D' Arpino; Jad Shor; Alexander Fusco; Jeff Berlowitz, Esq.; Julius Trump; Ms. Delgado 2 Summary Minutes: Special City Commission Meeting July 6, 2006 City of Sunny Isles Beach, Florida After the presentation, City Manager Szerlag said that Building Official Parker did a good job explaining this issue as a whole, and noted that we are not here tonight to talk about individual properties. Mayor Edelcup said it was a great presentation and a good start for the City. He said that we are out there right now pushing to make the unsafe structures come down or be repaired and we have to take these steps to aggressively pursue through whatever legal means necessary for those structures in the City that are unsafe or dilapidated or abandoned to come to some fruition of either being fixed up or torn down, whatever the case may be. He said the Building Department along with Code Enforcement will vigorously pursue that goal. Commissioner Thaler asked if we have a chain of command in case something happens to Clay Parker, and City Manager Szerlag said that Mr. Parker has an assistant that can act in that capacity. JeffBerlowitz, Esq., representing the LPLA Partners, the entity that owns the majority of the units at LaP1aya, said that the City needs to look at liability issues, and that the City must look to the fact that it could be deemed liable or responsible or part ofthe problem in serious litigation should something happen. He said the City would not have sovereign immunity over the issue, it would only be under a planning issue and certainly after issuing a demolition order but not granting the permit could be a problem for the City. He said in the unlikely event that the court overturns its own ruling or the arbitrator overturns his ruling, a new board in charge of LaPlaya would have to follow the City's direction to demolish the building, so whoever is in charge, the building is going to be demolished. City Attorney Ottinot said he spoke with Mr. Berlowitz this afternoon and at no time did Mr. Berlowitz raise the issue of liability to him. City Attorney Ottinot said that he respectfully disagrees with his assertion that the City would be liable for failing to issue a demolition permit. He said the law is well settled in the State of Florida in that any municipality is immune for failing to issue a demolition permit. He said he provided to the Commission a Memo of Law addressing all the legal issues that are related to LaPlaya and he explained clearly the due process issues involved, and the authority that the Building Official has in the County Code. He said his position is basically, which he has recommended to Mr. Parker, that he should follow the requirements ofthe County Code to deal with any unsafe structure in the City. Commissioner Iglesias said he remembers when they took an oath to do what is best for the City, and one ofthose things are that they will look after the health, safety and welfare ofthe people in Sunny Isles Beach. He said there is no way that he would break the law and not give everybody due process, however, ifthere is somebody walking by there and there is a strong wind gust and maybe we are legally safe but if we know that something is unsafe, if something hits a pedestrian and gets hurt, the City is not liable but it is not morally right. He said the owners are liable, and that the bottom line is we don't want to get into a match between the developers and the unit owners, we are not here for that. Weare here to make the City the best that it can be and the safest it can be, and for the first time in nine years, after what he has heard here tonight, he feels like his hands are tied. He said that we want to do something but because there is an internal battle going between associations and developers, we have unsafe structures out there that present a liability to this City. He said 3 Summary Minutes: Special City Commission Meeting July 6, 2006 City of Sunny Isles Beach, Florida he doesn't know what the answer is but that there is a dangerous situation out there, we know about it, and we have to do due process but he doesn't feel it is morally right. Commissioner Iglesias said whatever it is, they need to move fast and settle it, tear it down or fix it up, because he wants this Commission to do whatever it can do legally to move this process forward because we have a time bomb ticking, not just at LaPlaya but all over the City. Vice Mayor Brezin said if in fact as it was presented to us, this does present a danger to even those who are living there, she can respect their plight in that they have an investment in this property, however, it is our responsibility to protect the citizens of this community, even protect those who don't feel like they are in danger. She said if it is proven to the Commission that it is in fact a dangerous situation, and there again, our hands are tied, the Commission was elected to follow the legal procedure, and we don't want to see anyone in this City hurt, and we have always acted on behalf of our constituents. Commissioner Goodman said the health and welfare of the citizens is very important, and that we have to be guided by our Building Department and by our professionals who tell us which buildings are safe and those that are unsafe. Commissioner Thaler said the major issue is safety, and the second is the legality of what has transpired. He said he believes that we as a City should do everything to expedite the taking down ofthe building but it should be done by due process in the legality of what the attorney has related. He said that Mr. Parker should do and push as fast as he can to get that building down and to work on getting the other unsafe buildings down as fast as possible so that we do not have a major catastrophe. He said that the City should follow the law and try to accelerate it wherever we can. Mayor Edelcup said his feelings echo the Commissions in that he is feeling very frustrated in this situation because we have to follow the law, and what is morally right happens to be legally wrong. He said he wished that lives of people would take precedence over the property rights of individuals and we would feel more comfortable if we could exercise that authority, unfortunately, the law does not permit us to do that. Mayor Edelcup said what we have here is very frustrating where the City and its residents have become victims of warring parties who are owners of a particular building that have made life in this City untenable for almost everybody. He said he wished we could push the power of government and he hopes our Building and Zoning Officials will make sure we are doing whatever we can do legally and as expeditiously as we can to bring a situation that is tantamount to the matchbox that Julius Trump mentioned, it is a time bomb waiting to happen. He said we have a lot of faith and trust in our Building Official who started the ball rolling, and he would hope that the warring parties would realize that the time is of the essence and the appeal process can take years because of those parties failure in reaching an agreement. He said he believes that the entire Commission feels uniform in its desire to make this thing happen as quickly as it can, under the law, and hopefully encourage those people that are responsible for the maintenance ofthese properties to look at themselves in the mirror and determine are they really doing the right thing for their neighbors or are they just out there fighting over money. He said this shouldn't be a money issue, it should be a issue of protecting the lives ofthe people ofthis City and stop holding this City and its residents hostage to a money game and that is what this has turned into and it has made a mockery of trying to do the right thing in this City. 4 Summary Minutes: Special City Commission Meeting July 6, 2006 City of Sunny Isles Beach, Florida Mayor Edelcup said that they have been advised by City Attorney Ottinot that they can't really issue any final order unless there is a final determination of the judicial process and that is the problem that they are facing. He said he wishes they could impose the moral right but we are elected to uphold the laws of the State of Florida, and if City Attorney Ottinot is advising them that they have to allow the judicial process to move forward, then they are bound by that. He said that this Commission is powerless to do anything, only the Chief Building Official has the legal authority to do whatever he does, and he has issued the fact that the building is unsafe, and at some point he will have to make a determination of whether or not he can issue a demolition order/permit, and it is not something that this Commission can vote on. Mayor Edelcup said that we have heard a clear procedure here tonight as to how we intend to act on unsafe structures, and that the Code Enforcement Officers will apply the same vigorous level of making sure that if buildings are not meeting code that they are fined and those fines are assessed against those owners. He said if all these owners want to take a long time to get it resolved, these fines are going to be mounting, and in the end out of frustration, the City is going to have to prevail on the collection of fines. He said that this City has had a lot of patience hoping that this would be resolved sooner and it looks like it is not going to get resolved, so he is hoping that the City will take whatever strong action as necessary to protect the lives and welfare of the people of our City. 5. ADJOURNMENT Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 9:07 p.m. RespectfullY'submitted by: : ~/\~ , JaneA. Hines, cMt, City Clerk . ( .. . ( \ ,. f' ".,.- 5