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
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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
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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
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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.
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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:
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, JaneA. Hines, cMt, City Clerk
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