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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 A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES 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 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 2 - 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. 3 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. 4 Summary Minutes: Regular City Commission Meeting January 18, 2007 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 5 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 6 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 7 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 8 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 9 Summary Minutes: Regular City Commission Meeting January IS, 2007 City of Sunny Isles Beach, Florida 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. 10 Summary Minutes: Regular City Commission Meeting January IS, 2007 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. 11 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 . -. " ~. , ., . '. - , 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- 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 ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ (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