HomeMy WebLinkAbout2007 0118 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, January l8, 2007, 7:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
I. 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 Lewis J. Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
City Manager A. John Szerlag
City Attorney Hans Ottinot
City Clerk Jane A. Hines, CMC
Assistant City Manager Jorge Vera
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Commissioner Brezin led the Pledge of Allegiance to the flag, and Richard C.
Schulman gave an invocation.
Mayor Ede1cup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - December 14,2006.
Action: Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a voice
vote of 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Hear 6B before 6A; Hear lOA after 6A; Hear lON before 10B.
Amendments to Item SA page 2, and to Item 7B page 2.
Action: Mayor Edelcup noted the above changes.
Commissioner Iglesias moved and Commissioner Brezin 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 January 18, 2007
City of Sunny Isles Beach, Florida
5. SPECIAL PRESENT A TIONS
SA. Annual Report on the State of the City by Mayor Norman S. Edelcup.
Action: [City Clerk's Note: Revised page 2 striking the last sentence in paragraph 3 was
distributed prior to meeting.} Mayor Edelcup noted that the Address was published yesterday
in the Sunny Isles Beach Sun, and then read the State of the City Address. He noted that the
City is very secure and financially strong, and with our financial resources we are able to
provide better services to our residents.
5B. A Proclamation to be Presented to Alberto and Isolina Jorge Upon Their 76th Wedding
Anniversary.
Action: Mayor Ede1cup said that this proclamation is in recognition of Commissioner
Iglesias' Grandparents 76th Wedding Anniversary and presented Mr. Jorge with a
Proclamation proclaiming Wednesday, January 10,2007 as "Alberto and IsolinaJorge Day in
the City of Sunny Isles Beach".
6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of TRG Desert Inn Ventures, Ltd. (Ocean Four), Owner of the Property
Located at 17201 Collins Avenue, for the Following: (Hearing #Z2006-09)
I. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations the Applicant is requesting the transfer of9,757 square feet and zero (0)
units of development rights from the City's Transfer of Development Rights Bank
("Bank") (an adjustment to be made for a decrease of9,757 square feet and five (5)
dwelling units from the City's Transfer Development Rights Bank).
2. Modification of plans approved under Condition #2 of Resolution 04-Z-83 passed and
adopted by the City Commission on June 3, 2004.
From: Plans are on file and may be examined in the Planning and Zoning Department entitled
"Ocean IV", prepared by The Sieger Suarez Architectural Partnership, consisting of27
sheets dated revised 03/15/04, and "Boundary Survey", prepared by Fortin, Leavy,
Skiles, Inc., dated revised OS/27/03, and plans entitled "Master Site Civil", prepared by
EDC Corp., dated signed and sealed 03/18/04, and plans entitled "Photometric Site
Plan", prepared by FES Mechanical and Electrical Engineer dated signed and sealed
08/18/03.
To: Plans submitted for public hearing for "TRG Desert Inn Ventures, Ltd." are on file in
the Planning and Zoning Department entitled "Ocean Four", prepared by The Sieger
Suarez Architectural Partnership, consisting of21 sheets dated revised 11/27/06.
Protests 0 Waivers 0 Ex Parte-L
Action: Mayor Edelcup 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. Assistant City Manager Jorge Vera reported that the
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Summary Minutes: Regular City Commission Meeting January 18,2007
City of Sunny Isles Beach, Florida
building itself has not grown in height, no additional floors, no additional units, the building
is the same as before except they closed the breezeway, and on the penthouse floor they
increased the floor area to create a second floor for the penthouse.
Public Speakers: Joseph G. Goldstein, Esq.;
Joseph G. Goldstein, Esq., representing the applicant, said that the Staff Report is very self
explanatory and they agree with the conditions of the Staff Report. Mr. Goldstein presented
renderings and said that there were two open areas on the pool deck that they are now
enclosing, the outdoor recreation became indoor recreation. He said the top unit at the
penthouse level was mechanical space, they lowered the height of the mechanical space, and
put a mezzanine in the penthouse unit so that there are stairs within the penthouse going up to
the bedrooms.
City Attorney Ottinot noted there is one condition of full payment for the TDRs within three
business days. Mr. Goldstein said this has two conditions relative to the site plan and prior
resolution, and lOA has that condition and they agree to pay the full amount.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion for approval as
amended, subject to staff conditions. Resolution No. 07-Z-l07 was approved by a roll
call vote of 5-0 in favor.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias yes
Vice Mayor Thaler m
Mayor Edelcup yes
[City Clerk's Note: The City Commission heard Item lOA after 6A.]
6B. Request of 17070 Collins Avenue Shopping Center Ltd., Owner of the Property Located
at 17100 Collins Avenue #225, for the Following (Porter House Bar and Grill): (Hearing
#Z2006-l0)
I. The Applicant is requesting relief from Section 265-45E( 4) of the Land Development
Regulations which provides that on non-residential parcels "no wall or fence shall be
permitted within the required front yard setback." The wall in question was
constructed without applying for the required permit from the City of Sunny Isles
Beach. Subsequently, the Applicant applied for, and erroneously received, a permit
for the construction of the wall. On August 31,2006 the Building Department issued
a letter to the property owner revoking the permit for the wall on the grounds that it
did not comply with Section 265-45E.
Protests 0 Waivers 0 Ex Parte ~
Action: [City Clerk's Note: This item was taken out of order and heard after 5B.] City
Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the
witnesses for the Zoning hearing.
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Summary Minutes: Regular City Commission Meeting January 18, 2007
City of Sunny Isles Beach, Florida
Public Speakers: David Dubuck;
David Dubuck, owner of Porter House Bar and Grill, asked for an extension of one month
because they had a problem acquiring the labels which have been acquired at this time so they
will be ready to move forward at the next meeting.
Assistant City Manager Vera asked if the City will bear the advertisement cost, and Mayor
Edelcup said if we were at fault for getting the labels delivered late, and Mr. Vera said no we
were not at fault. Mayor Edelcup said if we were not the cause of the problem then they
should bear the cost of advertising, and the Commission concurred.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for deferral to
February 15,2007. The motion was approved by a voice vote of 5-0 in favor.
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing
Regulations for the Placement of Beach Chairs on Publicly-Owned or Controlled Beach
Areas; Providing for Purpose and Intent; Providing for Definitions; Providing for Permitting
Procedures; Prohibiting Obstruction to Emergency Response Path; Providing for Protection of
Marine Turtles and their Nesting Grounds; Providing for Enforcement; Providing for
Penalties; Providing for Severability; Providing for Repealer; Providing for Codification;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Community Development Director Robert Solera
reported.
Public Speakers: none
Mayor Edelcup said he knows that the City Manager has met with representatives from that
side and asked if this is the consensus that everyone has bought into. City Manager Szerlag
said that this is the consensus that everyone has bought into however there is still an issue
between two entities, Le Meridien Hotel and the Millenium Condominium. He said that issue
pertains to the Condominium Association having an objection to, not pre-stacking of the
chairs, but once the customer has the chairs taking those chairs as occupied over the imaginary
north/south line of the Le Meridien Hotel. He said the response that we have given is that the
public beach is essentially public and once a chair is occupied, whether it is from a contiguous
property owner or someone who is visiting and on the east side as well, those chairs if they are
occupied can be placed anywhere. He said absent that one issue there is concurrence with the
formula that we advanced and the percentage of pre-stacking of chairs.
Mayor Edelcup said it is important to note that the beach is free to everyone and that this
ordinance only deals with pre-stacking, and certainly any citizen of the City of Sunny Isles
Beach or any visitor is not prohibited from placing their chairs anywhere on that beach access.
He said this is just an accommodation to take care of those commercial operations that want to
have their chairs pre-set early in the morning. City Manager Szerlag noted another point that
is germane to this entire issue, if someone wants to have an occupied beach chair and
umbrella within a designated pre-set area, that is also allowed.
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City of Sunny Isles Beach, Florida
Commissioner Goodman moved and Commissioner Iglesias seconded 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, February 15,
2007, at 7:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias yes
Vice Mayor Thaler yes
Mayor Edelcup ~
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265-5 of the Land Development Regulations Relating to the Use of Submerged
Lands for Density and Intensity Purposes; and Providing for Inclusion of the Term
Submerged Lands in the Definitions Set Forth in Section 265-5 of the Land
Development Regulations; Providing for Repealer; Providing for Severability; Providing for
Applicability; Providing for Inclusion in the Code; Providing for an Effective Date.
Action: [City Clerk's Note: Revised page 2 was distributed prior to the meeting.) City Clerk
Hines read the title and City Attorney Ottinot reported. He stated that he provided members
of the City Commission a copy of a lawsuit filed by Publix Supermarket, and in this lawsuit,
Publix is claiming that they can use submerged lands located outside their property boundaries
for density purposes. He said the purpose of this ordinance is to clarify and confer a decision
that the City Commission made several years ago with respect to submerged land.
Public Speakers: Clifford Schulman, Esq.
Clifford Schulman, Esq., representing Publix, said they believe that the ordinance as it is
written does allow Publix to take advantage of the language of the ordinance, to take
advantage of its submerged land which it owns, and in that they could not reach an agreement.
He said as a result they were compelled to file a law suit today which is a declaratory
judgment which is not an action seeking damages against the City, it is an action seeking a
judge, an impartial arbiter, to hear the City's position, hear their position, and make a
judgment. He said this ordinance is in point of fact a modification because at this City
Commission, he remembers if you own it, you can take advantage of it and Publix owns it,
and this ordinance attempts to change that rule.
Commissioner Iglesias said he had proposed the original ordinance and he had used his
property and the Mayor's as examples. He said what he thinks the issue was for example, if a
storm destroyed our seawall and instead of having l80-feet depth and the Mayor having l83-
depth, we now have 170. He said that he has 10-feet of submerged land because of the
hurricane and the Mayor has 13-feet, and he believes that they should not be penalized for that
land that we own and we lost. He said it happens through the years because of tidal
fluctuations on Sunny Isles Boulevard, we have been paying taxes on our property and if we
lose it we have a right to use it, and that was his intent of that ordinance and he doesn't know
if the ordinance needs clarification or not. Mayor Edelcup said that is the same as his, and to
amplify what Commissioner Iglesias said, since we are on the waterfront and there is a state
canal, he doesn't think they ever had the right to buy the land underneath the water that
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Summary Minutes: Regular City Commission Meeting January 18,2007
City of Sunny Isles Beach, Florida
formed the canal, and Commissioner Iglesias said that it wasn't part of their plats and so he
agrees.
City Attorney Ottinot said that the law suit was filed today and it was served at 6:00 p.m. and
so he has not had the opportunity to review it but he strongly believes that the City will prevail
in this lawsuit if the issues and arguments are the same that Mr. Schulman raised. Mayor
Ede1cup said these issues were discussed back in 2004 and they were clarified then and now
we are just reducing what we said then to written form.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
proposed ordinance on first reading, as amended. The motion was approved by a roll
call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
February 15,2007, at 7:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias yes
Vice Mayor Thaler yes
Mayor Ede1cup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending
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.
(First Reading l21l4/06)
Action: City Clerk Hines read the title and Mayor Ede1cup reported noting that if this is
adopted, in February the Commission will entertain suggestions from the public to each of
our Commissioners to recommend the two new appointees to each of the Committees.
Public Speakers: none
Vice Mayor Thaler clarified that a committee can have an unlimited amount of people but
these are the voting members, and Mayor Edelcup said that the voting members are subject to
the Sunshine Law.
Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to adopt the
ordinance. Ordinance No. 2007-275 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 Edelcup yes
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Summary Minutes: Regular City Commission Meeting January 18,2007
City of Sunny Isles Beach, Florida
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for
the Acceptance of the Appraised Land Value of$62,000,000.00 for the Property Located at
17201 Collins Avenue A/KJ A Ocean IV Development Project (TDR 06-06); Providing for
the Acceptance and Payment by the Applicant of $l,282,655.00 for the Transfer of
Development Rights ("TDRs") in the Amount of9,757 Square Feet of Floor Area and Zero
(0) Dwelling Units; Providing for Ten Percent (10%) Deposit for TDRs; Providing for
Adjustment of the Balance ofTDRs from the City's Bank to Reflect a Decrease of9,757
Square Feet of Floor Area and Five (5) Dwelling Units; 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 6A.}
Assistant City Manager Vera reported.
Public Speakers: Joseph G. Goldstein, Esq.
Joseph Goldstein, Esq., representing TRG Desert Inn Ventures, noted that this is the
companion item to 6A and this authorizes the payment of the TDR funds to the City and he
understands that they will pay $l,282,655.00 to the City within Three (3) business days
[Tuesday, January 23,2007 by 5:00 p.m.].
Mayor Edelcup said this is somewhat historic to him because he was just doing a tabulation
on how many dollars worth of TDRs the City had sold and prior to them coming onboard,
tonight we were at $49 Million and change, so we have now gone over the $50 Million mark
in TDRs and we are able to use those funds to purchase many more parks.
City Attorney Ottinot noted that the amendment would be reflected in Section 4 of the
authorizing resolution.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution, as amended that they will pay the total amount of$1,282,655.00 in three (3)
business days. Resolution No. 2007-1027 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: The Commission reconvened after a short recess and Commissioner
Iglesias stepped out to take his Grandfather home.]
lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, RatifYing the
Approval of an Agreement with McQuay Factory Service for HV AC Equipment
Maintenance Service Agreement, in an Amount Not to Exceed $l9,560.00 Annually,
Attached Hereto As Exhibit "A"; 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 Public Works Director James Watts reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1028 was adopted by a voice vote of 4-0-1
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Summary Minutes: Regular City Commission Meeting January 18,2007
City of Sunny Isles Beach, Florida
[Commissioner Iglesias stepped out] in favor.
10C. Equipment and Supplies for City Offices Located at 19250-19200 Collins Avenue.
10C.l A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager and/or his/her Designee to Expend Funds in an Amount Not to Exceed
$50,000.00 for the Purchase of Office Equipment and Supplies for City Office Space
Located at 19250 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 Public Works Director James Watts reported.
Public Speakers: none
Commissioner Goodman asked if all the lifeguard equipment will be put here, and Mr. Watts
said yes if the City Manager chooses for the lifeguards to be there, there is plenty of space.
City Manager Szerlag said that we are not totally certain on how the allocations of space are
going to be at this time. He said City Engineer Rick Connor, who is starting at the end of
this month, wanted some input in that regard as well. He said he will be working with
Assistant City Manager Vera, Mr. Watts and Mr. Connor on that matter.
Mayor Edelcup noted in this week's Sunny Isles Beach Sun Newspaper that the income tax
service done by Judge Ramos is going to take place at this Center starting February 7, 2007,
and Mr. Watts said that they have already turned on the water and gave Judge Ramos the
keys. Commissioner Goodman noted that since there is no garage there, will the lifeguard
equipment be outside in the parking area, and Mr. Watts said yes but it will be in a locked
fenced-in area. Vice Mayor Thaler asked if there was adequate parking for what we are
moving down there, and Mr. Watts said yes, more then enough and by the time that they take
that space for the Park area, we should have the parking garage built.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1029 was adopted by a voice vote of 4-0-1
[Commissioner Iglesias stepped out] in favor.
10C.2A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with BellSouth, Inc. to Provide Voice and Data Equipment, Installation
and Maintenance Service for City Offices Located at 19200 Collins Avenue, in an
Amount Not to Exceed $l5,003.55, Attached Hereto as Exhibit "A"; Authorizing the Mayor
to Execute Said Agreement; 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 Information Technology Director Derrick Arias
reported noting that this amount is included in the budget for item 10C.l. Vice Mayor Thaler
asked if this is connected with our system, and Mr. Arias said yes it will be.
Public Speakers: none
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Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
Mayor Edelcup said that we should give some thought of what we are going to call this
location so that there is no confusion with City Hall, we should come up with some way of
designating that building. Vice Mayor Thaler suggested whatever we name the Park should
be the name of the building.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2007-1030 was adopted by a voice vote of 4-0-1
[Commissioner Iglesias stepped out] in favor.
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of Eight (8) Vehicles and Associated Equipment for the Police
Department, in an Amount Not to Exceed $235,776.00, Attached Hereto as Exhibit "A";
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Police Chief Fred Maas reported noting that in
preparation for the purchase and arrival of these vehicles, the vehicles will be made ready for
auction, three (3) of them are from 1998 and have served us well.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1031 was adopted by a voice vote of 4-0-1
[Commissioner Iglesias stepped out] in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of 53 Dell Laptop Computers, Vehicle Racks and Associated Software for
the Police Department, in a Total Amount Not to Exceed $l35,000.00, Attached Hereto as
Exhibit "A"; 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 Captain Michael Grandinetti reported. Mayor
Edelcup noted that this will tie into our WiFi project.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2007-1032 was adopted by a voice vote of 4-0-1
[Commissioner Iglesias stepped out] in favor.
lOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Proposal from Verizon Wireless, Based on the Terms and Conditions Set Forth in State
Contract #MA4974, to Provide Wireless Broadband Access for Data Connectivity
between the Police Communications Center and the Police Vehicles, in an Amount Not to
Exceed $35,000.00 Annually, Attached Hereto as Exhibit "A"; Providing that the Agreement
is Approved as to Form and Legal Sufficiency by the City Attorney; Authorizing the City
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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 Captain Michael Grandinetti reported noting that
this is a monthly service. Chief Maas stated the importance of quick response time, and
noted that should the radios falter or since so many agencies share a similar radio system, if
there was an incident where the radios were tied up and we have an emergency in this City,
this allows us to contact the officers on the road via the computer.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1033 was adopted by a voice vote of 5-0 in favor.
lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Uniform Sign Plan Submitted by, Millenium Plaza, for the Shopping Plaza Located
at 18660 Collins Avenue, Suite 101-107, 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 noting that
after approval of this item and Item 10H, we will have three (3) shopping centers left. He
said they have until February 16, 2007 to be in compliance or they will be cited.
Public Speakers: none
Mayor Edelcup asked if these three (3) shopping centers have been reminded, and
Community Development Director Robert Solera said we have notified them, and we have
an article in the newspaper as well.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2007-1034 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Uniform Sign Plan Submitted by, Plaza Isles, L.L.c., for the Shopping Plaza
Located at 16200 Collins Avenue, Suite 16204-16229, 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 Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1035 was adopted by a voice vote of 5-0 in favor.
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City of Sunny Isles Beach, Florida
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Consultant Agreement with TischlerBise, Inc. for Professional Services Related to a
Special Assessment for Public Improvements for Atlantic Avenue, Commonly Known
as the Atlantic Isle Residential Area, in an Amount Not to Exceed $20,000.00, Attached
Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the
City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager Haag reported.
Public Speakers: none
Mayor Edelcup noted for the record that he and Commissioner Iglesias will not be voting on
this resolution since they are property owners on Atlantic Isle, and he passed the gavel to
Vice Mayor Thaler.
Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve
the resolution. Resolution No. 2007-1036 was adopted by a roll call vote of 3-0-2
(Mayor Edelcup and Commissioner Iglesias abstained) in favor.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias abstained
Vice Mayor Thaler yes
Mayor Edelcup abstained
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Amendment One to Interlocal Agreement with Miami-Dade County for the
Construction of a City Recreation/Community Center and Various Park Facilities,
Otherwise Known as the Redesign Active Park Project, to Ensure Technical Compliance
With Certain County Requirements, Attached Hereto as Exhibit "A"; Authorizing the City
Manager to Execute Said Addendum One to Interlocal Agreement and 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 Haag reported noting that
this addendum is part of a grant award that allows the City to be eligible for up to
$347,000.00 for a portion of General Obligation Bonds through the County program.
Public Speakers: none
Mayor Edelcup said when the bond issue for the County was being proposed, this was one of
the scheduled items that was disclosed at the time the County had to vote out there, this and
one other project that we have. City Attorney Ottinot said this is correct, the County is now
allowing the cities to use their own procurement procedures instead of the County procedures
for bond funds. Mayor Edelcup said then that by passing this resolution, the money is setting
there waiting for us.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1037 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Amendment One to Interlocal Agreement with Miami-Dade County for the
Construction of the Central Island Stormwater Drainage Project; to Ensure Technical
Compliance With Certain County Requirements, Attached Hereto as Exhibit "A";
Authorizing the City Manager to Execute Said Addendum One to Interlocal Agreement and
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 Haag reported noting that
this addendum will allow the City to be eligible for up to $2.5 Million.
Public Speakers: none
Vice Mayor Thaler asked if this money was also sitting there waiting for this resolution, and
Assistant City Manager Haag said most of these grants are on a draw-down type of basis, so
we have to incur the cost, pay the contractors, and then submit that for reimbursement.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1038 was adopted by a voice vote of 5-0 in favor.
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Payment of Outstanding Invoices to Calvin Giordano and Associates, Inc. for
Professional Services, in an Amount of$62,509.94; 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 we
have a companion item lOM.
Public Speakers: none
Commissioner Goodman asked why it took 3-4 years to pay a bill, and Assistant City
Manager Vera said the majority of these invoices are what we had during the transition of
City Managers, they were not signed off and they were being held. He said when the new
City Manager came on board we discussed the issue of $lO,OOO.OO a pop and the City
Manager did not feel comfortable with that. He said they decided to gather it all together and
come to some agreement with Calvin Giordano, instead of doing it separately. Mayor
Edelcup said then that this is the sum total of all the old invoices, and City Manager Szerlag
said yes.
Finance Director Jean Watson stated that the invoices came to Finance for payment without
one of our approvals, and she will not pay them if she has nothing that generates it from
Sunny Isles Beach, but now we have it.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1039 was adopted by a voice vote of 5-0 in favor.
12
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager and/or hislher Designee to Enter into an Consultant Agreement with
Calvin Giordano and Associates, Inc. for the Provision of Consultant Engineer
Services, in an Amount Not to Exceed $250,000.00 for Fiscal Year 2006/2007, Provided
Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; Further
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 noting that he
attached a schedule of hourly rates and from now on, with all of our consultants, instead of
having lump sum contracts we will like to have an hourly rate not to exceed a certain lump
sum which makes our reporting requirements a little stricter. He said although we will have
a contract to expend what is budgeted, any particular project that we think will be in excess
of $25,000.00 we will take proposals. Mayor Edelcup noted in the last "Whereas" that it
specifies the $25,000.00.
Public Speakers: none
Commissioner Iglesias asked if this is permitted by our Charter as we have a $l 0,000.00
limit. City Attorney Ottinot said it is permitted in the procurement code. He said the
Commission has the authority to approve a consultant agreement with the amount the City
Manager indicated, the $10,000.00 limit is with the Commission's approval tonight which
allows the City Manager to go above the $10,000.000 limit giving him that blanket authority
of $250,000.00. City Attorney Ottinot said for clarification that the procurement code
requires that any contract for service over $l 0,000.00 requires Commission approval, and
here all the City Manager is requesting is to enter into a general contract for service for a set
amount for Fiscal Year 2006/07.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1040 was adopted by a voice vote of 5-0 in favor.
ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
New Lease Agreement with Miami-Dade County for the Property Located at 17200
Collins Avenue to Construct a Fire Station, in the Amount of One Dollar ($l.OO) Per Year,
Attached Hereto as Exhibit "A"; Providing for an Aggregate 99- Year Lease Term and a 2-
Year Commencement of Construction Period; Providing for the Rescission of Resolution No.
2006-955; Providing the Mayor with the Authority to Execute the New Agreement;
Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the
Terms of the New Agreement; Providing for an Effective Date.
Action: [City Clerk's Note: This item was taken out of order and heard after 9A.] City
Clerk Hines read the title and City Attorney Ottinot reported.
Public Speakers: Carlos Heredia
Carlos Heredia, Fire Department, Miami-Dade Fire Rescue, reported that they have reached
an agreement and are moving forward. He said this will allow them to go ahead and set up
the temporary site at the church, put the trailers in and relocate their staff from the station
13
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
into the trailers. He said immediately following that they are going to be taking this
agreement to their Public Safety Committee as well as to the County Commission for
approval, and they anticipate that will be completed by late March to early April, and soon
after that they will begin their permitting for demolition and reconstruction. He said one of
the goals that they reached was the fact that we can do this in two (2) years instead of three
(3) years as far as the demolition and reconstruction of the station. He said it will be a three-
based station, one-story that will utilize their current site plus the site they are leasing from
the City. He said they will comply with all City requirements and will bring their design
before the City.
Commissioner Brezin said then that what they are anticipating is completion by April of
2009, and Mr. Heredia said yes, if they begin in April, they can calculate two (2) years from
that period.
Mayor Edelcup noted that the 99-year lease is being broken up into consecutive shorter term
leases to match the County's requirements. Mr. Heredia said yes it was broken up into three
(3) increments and that City Attorney Ottinot and GSA feels comfortable with that.
Commissioner Goodman asked if service would be interrupted, and Mr. Heredia said there
would be no interruption of service. He said they are going to set up trailers at the church
site and they will have a canopy for the unit, so as soon as they get permits from the City,
they will begin as this is a priority for his Fire Chief.
City Attorney Ottinot noted that Carlos Heredia and the Fire Department have been very
helpful to the City in those fire safety issues that the City Commission were concerned about,
the alternate access and also key lock certain condos. Mayor Edelcup thanked Mr. Heredia,
and Mr. Heredia said that they are very pleased with the ordinance that the City recently
passed and that the Fire Marshall will be able to work with the City a little stronger this time.
Commissioner Goodman thanked Mr. Heredia for all his work the last four years in trying to
get this done.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1041 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 lOB.]
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Naming of the Park at 17200 Collins Avenue as "Town Center Park"; 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 Mayor Edelcup reported.
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1042 was adopted by a voice vote of 5-0 in favor.
14
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Naming of the Active Park Located on North Bay Road between 181 st and l82nd
Streets as "Pelican Park"; 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 Mayor Edelcup reported noting that naming
of the parks was discussed during a City Commission Workshop [December 5,2006].
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1043 was adopted by a voice vote of 5-0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Naming ofthe Pocket Park Located at 215 191 st Terrace as "Golden Shores Park";
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 Mayor Edelcup reported.
Public Speakers: none
Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1044 was adopted by a voice vote of 5-0 in favor.
lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Naming of the Park Located at 19200 Collins Avenue as "Heritage Park";
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 Mayor Edelcup reported noting that we were
searching for a name for this park. He said one suggestion was Founders Park but A ventura
has a Founders Park so this may have caused some confusion. He suggested naming it
Heritage Park which is similar in nature and would honor the heritage of this City.
Public Speakers: none
After discussion it was the consensus of the City Commission to name this park "Heritage
Park".
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2007-1045 was adopted by a voice vote of5-0 in favor.
11. MOTIONS
None
15
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
12. DISCUSSION ITEMS
12A. Discussion of an Ordinance Amending the Sign Code; Establishing New Requirements for
Window Signs; Establishing Requirements for Special Events and Community Service
Signs; Establishing New Requirements for Temporary Real Estate Signs; Establishing New
Requirements for Approval of Murals and Graphics for Temporary Construction Fence.
Action: [City Clerk's Note: Community Development Director Solera handed out the
power-point presentation prior to the start of the meeting.} City Manager Szerlag reported
noting that Assistant City Manager Vera, Community Development Director Solera, and he
met with some business owners that had an interest in signage. He said that they had taken
the two cities that they used as an example that had respectively l5% and 20% of the window
areas allocated for signs. He said that Community Development Director Solera is going to
give a power-point presentation that will indicate what is currently allowed, how a sign
would look with l5% coverage, and how it would look with 20% coverage. He said when
they met with the business Owners their preference was 20%, the ordinance before the
Commission tonight is l5%.
Community Development Director Solera gave a power-point presentation noting that the
City of Coral Springs has 15% of total window area and/or an average of 19.5 square feet of
window frontage, whichever is greater. Assistant City Manager Vera stated that we
maximize the maximum allowable because in some cases, once you do your square footage,
you can get 1 OO-square feet of sign and we don't want that, so the maximum permitted is 60-
square feet. Mayor Ede1cup noted then that it is 60-square feet or the l5%, whichever is less.
Public Speakers: Isaac Feldman
Vice Mayor Thaler said they can break 60-square feet down into how many signs, and
Community Development Director Solera said the Code reads right now that it is only one
sign per location. He said you cannot have multiple signs, for instance, you cannot have
three window panes with three signs which make up the 60-square feet that you are allowed,
if you want to have the full 60-square feet, you have to have it in one location, and it should
be professionally made. Mr. Solera noted, for example, that the Kentucky Fried Chicken
Restaurant location is a very specific location, as every shopping center has windows but
they are interconnected with each other. He said in this specific case, they have three
windows which face Collins A venue and each window is individual, there is a wall between
them as well as a column, so in that regard we are thinking to treat this in two different ways.
He said you either have a 4x6, which is 24-square feet, 50% of that is 4-square feet total, one
sign, or consider all three windows as one large area which is about 72-square feel, then you
will have an area of l2-square feet of sign, one sign only.
Community Development Director Solera noted in the draft Ordinance page 4, Section G.
Special Events Signs, this is a sign that will be allowed in lieu of the other sign that you are
allowed to have within the l5%, you have either one or the other, not both signs. He said the
maximum sign area of 1 0% and there will be a time limit which is I 4-days per actual event,
for example a special holiday sale, they have to remove the sign within 3-calendar days after
the event. Mayor Ede1cup asked why they picked 1 0% and not l5%. City Attorney Ottinot
said if it is in lieu of the regular ] 5%, lets make it the same number, and Mayor Edelcup said
yes to be consistent, they can have either sign up the same size, just not at the same time.
16
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
Mr. Solera said it is very important to indicate the distance between the window and the 3-
feet, any sign located, even ifit is detached from the window, ifit is within the 3-feet it will
count toward the l5%, in other words you might have window signs attached to the window
and you might have signs just behind it, a combination of, will be based on l5%. Mayor
Edelcup said if they go beyond the 3-feet and I-inch then they can have both signs.
Vice Mayor Thaler said he doesn't understand then the difference now ifit is 15% between
the special events because one sign is coming down and the other sign is going up, why do
we need both of them. Mr. Solera said because the special event is for a small period of time
it is not to be permanently there, we want to separate one from the other, the store owner
understands that he has a right to have a specific size of sign which is within the l5% but he
also has a right to come in and have a special sign for perhaps a sale. Mayor Edelcup said
why have a time limit if he is allowed to have one sign at l5% at all times no matter which
sign is there. City Attorney Ottinot asked to be given time to look at this, and Mayor
Edelcup said yes we are not approving anything tonight, but what he is saying is that we are
not calling it a holiday [special events] sign anymore, we are just saying that they can change
their sign.
Isaac Feldman said he didn't know about that meeting but Mr. Solera said that they notified a
number of representatives and had about seven turn out for the meeting. He said Mr.
Feldman's office was notified and that he was out on an emergency those two weeks, they
informed the secretary as to the time and the place. Mr. Feldman said real estate needs are
different from the rest of business needs and they would like to have listings in the window,
but he doesn't feel that a television/computer should be considered as part of the sign.
Mayor Edelcup said for years we have been trying to standardize the signage for our City.
He said we have always been moving toward the approach of standardization for a clean look
for the City. He stated that we are not charting new areas because we have modeled this
ordinance after two other cities that have been relatively new in their development, Westin
and Coral Springs.
Commissioner Iglesias said through the years even the Department of Transportation is now
regulating the outdoor advertising, first because it is a distraction and second to keep it clean.
He said in today's day and age, especially real estate, you can look on the internet. He said
what we are trying to do is to give the business owner a chance to be a little innovative, keep
the City clean, and have the opportunity in the space that is given, to put an innovative sign
to get them inside the store. He said what we are trying to do is to clean the sign pollution
that we have had in the City for a long time. Commissioner Goodman said he agrees with
Commissioner Iglesias, and that we have given the merchants and real estate people in the
City of Sunny Isles Beach five years to come into compliance.
Vice Mayor Thaler said in Mr. Feldman's store at the far left, there is a plastic sign that you
can slide your ads in, that is what we are looking for, it will be a clean looking sign area with
multi ads in it.
City Manager Szerlag asked Community Development Director Solera to elaborate on the
issue of having a video or a computer as a sign. Mr. Solera said that they have considered
17
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
having videos against a window and have been looking at it as a temporary sign. He said the
video is doing the same thing that the actual small sign will do, you can have one or the
other. He said a video on the window which has a listing, and per Mr. Feldman's comments,
the speaker he has outside is illegal because you cannot have sounds outside, but if you have
a video or television in which you are able to punch in information and find a listing in lieu
of having the other type of signs, would be something that can be accepted as one sign based
on the square footage that we are providing.
Commissioner Iglesias said the square feet that we are providing, for example the l5-square
feet, that is not just for advertising, that includes the name of the establishment, and Mr.
Solera said there are exceptions to that rule. He said that Mr. Feldman has Caldwell Banker
which is a trademark which is exempt, hours of operation are exempt, credit card labels are
exempt, there are a number of things within the ordinance which will be exempt from the
actual sign, what we are talking about is the advertising sign. Mayor Edelcup said just like
the address is not part of the sign, and Mr. Solera said that is correct. Mayor Edelcup said
your suggestion of having either one or the other makes sense.
Mayor Edelcup asked how the Commission felt about allowing a video as an alternative to a
stationary sign so that if somebody chooses to use their l5% in a video format instead of an
aesthetic format. Vice Mayor Thaler said you can actually have both, these things are really
not that big, he has seen them and many of the real estate firms have them and you can have
the slides above it, so you can actually accomplish both in the allowed window space. Mayor
EdeIcup said then that it is all coordinated into one sign, and Mr. Solera said as long as it is
professionally done. Mr. Feldman said then it is one square sign in each window, and Mayor
Edelcup said no, it is one sign, you can't split that l5% into three signs, but the sign itself can
hold many signs inside of it, one frame for one sign, the television/video can be inside that
sign and the rest of the sign can be used for ads, as long as it is in the same location in the
same sign. Vice Mayor Thaler said because Caldwell Banker is branded, they are going to
have additional signs. Mayor Edelcup said ifthere is a trademark then a person may have a
little extra signage but even that sign is limited in nature.
Community Development Director Solera said that they had put a moratorium on the Code
Enforcement issuance with those specific locations, we bring the ordinance back in February,
what should they do about the civil violations that have already been issued. Mayor Edelcup
said the ordinance will go for first reading in February with second reading in March and
probably an implementation date from the date of the second reading, 90-days thereafter,
which would be his suggestion that anything that is currently under violation really has a
moratorium until the 90th day after the second reading. Mr. Solera asked then that the
violations that have already been issued will be voided, and Mayor Edelcup said we can't
enforce something that we are in the process of changing so the citations should be voided,
the moratorium runs until the 9l st day after the second reading and from that point on if they
are not in compliance then they should be cited. Vice Mayor Thaler said that 90-days is
excessive and he suggested staff coming back with a date, perhaps 60-days. Mayor Edelcup
said to come in with a reasonable time but no longer than 90-days.
City Manager Szerlag said given some of the comments that were made here tonight,
especially in the audience, it would behoove us to include some geometric illustrations in
18
Summary Minutes: Regular City Commission Meeting January IS, 2007
City of Sunny Isles Beach, Florida
terms of what is allowed and what is not allowed. Mayor Edelcup said any time that we can
make the ordinance easier to understand with illustrations or laymen's language, we should
do that, like what was shown here tonight where staff had the lesser of types of things in
there, and the combination sign that we have discnssed should be explained as to how that
would work.
l2B. Add-On:
Discussion regarding Active Construction Sites Before and After Temporary Construction
Fence and Landscape Buffer.
Action: [City Clerk's Note: Community Development Director Solera handed out the
power-point presentation prior to the start of the meeting.} City Manager Szerlag said that
the City is lOoking pretty good thanks to some enforcement efforts that we had along Collins
A venne and also thanks to the contractors and developers that are constructing facilities
within onr City. He said he has asked Community Development Director Solera to put
together a before and after presentation on some of the construction sites.
Commnnity Development Director Solera introduced Acting Code Enforcement and
Licensing Assistant Director Helena Forbes who reported that on December 15,2006 they
issued a warning notice to all of the active construction sites about temporary construction
fences. She noted specifically it has to be a continuous landscape buffer which mnst be
maintained in a healthy condition and that was not happening, and today they have complied.
Ms. Forbes then presented a power-point presentation of before and after temporary
construction fences and landscape buffers, and it showed a marked improvement. She said
that they had a meeting with the property owners this week and told them that the City will
be inspecting those sites on a daily basis for maintenance of the sites.
Mayor Edelcnp noted on one of the before pictures that there is chain-link fencing/gate and
Ms. Forbes said they put green mesh over it. He said everything on the east side has to have
a solid and therefore that wonld not be in compliance, and Mr. Solera said everything on
Collins A venne on the east side cannot be a chain-link fence bnt originally it was approved
with the chain-link fence having two gates, and based on the approval, we asked them to
have a green mesh on it. He said their time period is within the next month or so, and then
they will be removing the chain-link fence and will start with landscaping the front. Mayor
Edelcup said then that any new development conld not do this, and Mr. Solera said that is
correct, chain-link fences are not allowed on the north side, the south side or the east side of
any construction site in the MUR District.
Mayor Edelcup noted that Ocean Beach Resort "after" has been cleaned up. Vice Mayor
Thaler said that is not a legal sign, and Ms. Forbes said that Ocean Beach Resort is already in
contact with the Building Department. Mayor Ede1cup said behind the greenery they still
need to get a solid wall, and Mr. Solera said that the sign is not legal and they have been
notified and that they will be changing the chain-link fence for actual fence. Commnnity
Development Director Solera said the City Manager provided a presentation to the
developers and contractors as to what our guidelines are going to be now in tenus of a
landscape buffer, and we had Ms. Kathryn O'leary prepare a schematic as to what we are
expecting in tenus of the landscape bnffering in front of construction sites. He said the sites
19
Summary Minutes: Regular City Commission Meeting January 18,2007
City of Sunny Isles Beach, Florida
we have right now cannot be forced to follow those guidelines as the City Manager indicated
to them, but we are in contact with them to get as close as possible to what we are looking
for. He said this site, which has not been approved in terms of a buffer, landscape, or fence,
will have to come in through the new process where we will have a more luscious amount of
landscape with palm trees, etc., and that is going to be the standards for every location and as
the City Manager indicated to them, this is going to be something that we are going to be
looking at in terms of granting an extension of hours of operation. He said if they don't have
pristine landscaping in front as indicated we will not entertain any type of request for
extension of hours, or for that matter, any type of request for lane closures which is one of
the things that they do need based on the fact that the locations are very limited on space, so
we have those areas that we can force them to come into compliance. City Manager Szerlag
noted that the City Commission received those schematics on landscape screening standards
last week.
Mayor EdeIcup said it looks much better then it did a couple of months back and hopefully it
will continue to look this good and maybe get better. He said the main thing that we as a
City need to do is enforce it through Code Enforcement that they do maintain it and they
clean up the garbage that sometimes occurs particularly over the weekend.
Mayor Edelcup noted that we now have the new City Street Sweeping Machine [which was
parked outside City Hall for view], and we can improve the look of the City by keeping our
streets clean of the sand that keeps blowing in during all of this construction that is going on.
He said the combination of this enforcement plus the new equipment that we have, hopefully
we will start on a daily basis of sweeping the streets, it will help to much improve the City,
just as most of the landscaping median looks so much better this go around then it did six
months back, so we are all moving in the right direction.
Vice Mayor Thaler said we have some building on the west side and we have to look at that
side as well. He said we have a school starting and we have our own project on the west side
that somebody should look at. Assistant City Manager Vera said on their behalfhe told them
to hold off because we closed off that street and we are putting in new fencing for the school.
He said our own contractor is expanding their fencing, so all of that is going to be fixed by
next week with the mesh and everything will be cleaned up.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adjourn the
meeting; and Mayor Edelcup adjourned it at 10:07 p.m.
w, - '.. I
l . '" ~
Respectfully. submitted by: \ \ roved by the City Commission on Feb. l5, 2007
~'A~ wU
Jane A. H~nes, GMC;;' City Clerk
. -. "
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAS
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WiICH I SERVE IS A UNIT OF:
~ 0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISIO~,
MY POSITION IS:
o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person seNing 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-
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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-
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*
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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
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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.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
~ (lv1 ,~ \, :r. ~PS (II'< , he"'by disclose that on :J I\-.:J, I '2>
(a) A measure came or will come before my agency which (check one)
I,
,20~:
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:
\\. ,(b IlN\ Pfo PP/t!JJ .
~ IlOt? 11 Gill /}-f[.lfwfc.c J-sAIJ-n D drJ IJ 4-- (/oi-e
P<>e;1 n- cP>tf td- "6 ':>/lYe/,.?!; /-.
, by
, which
WC7<./It) A ~
Date Filed
2/&/07
O'~/h
Signature
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 8B - EFF. 1/2000
PAGE 2
COUNTY
/YJ/~I -
NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE,
If) IS t-j3' 6~7Jt.if ClPf'?J/ J)'/d..v
THE BOARD COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
ICH I SERVE IS A UNIT OF:
CITY 0 COUNTY
NAME OF POLITICAL SUBDIVISION:
~, 1tJ'. /J u:" 6Qcif
MY POSITION IS:
o OTHER lOCAL AGENCY
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.
I, dl(;ryyJ
/I
.J,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
&lJt1-C;..) I , hereby disclose that on JJ17J t r
, 20 t) 7 :
(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
,JAM
:l:{ I
/
,2 ()() 7
4~~
Date Filed
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