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Home My WebLink About2007 0724 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Tuesday, July 24, 2007, 6:30 p.m. City of Sunny Isles Beach, Florida A TTENTlON ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Vice Mayor Thaler at 6:30 p.m., with the following officials present: Mayor Norman S. Edelcup (in audience) Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias (in audience) City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE Action: Mayor Edelcup led the Pledge of Allegiance to the flag. 3. ORDINANCES FOR SECOND READING (Public Hearings) 3A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Regarding Atlantic Isle Non-Ad Valorem Special Assessments; Providing for Authority; Providing for Legislative Findings; Providing for Ordinance as Alternative Method; Providing for Definitions; Providing for Rules of Construction; Creating Atlantic Isle Benefit Area; Authorizing Imposition of Assessments; Providing for a Preliminary Assessment Roll; Providing for Notice of Equalization Hearing; Providing for Equalization Hearing and Adoption of Final Assessment Resolution; Providing for Effect of Adoption of Final Assessment Resolution; Providing for Prepayment; Providing for Liens; Providing for Revisions; Providing for a Presumption of V alidity; Providing for Corrections; Providing for Collection Methods; Providing Responsibility for Enforcement; Providing for Release of Liens; Providing for Liberal Construction and Severability; Providing for Transmittal to the Secretary of State; and Providing for an Effective Date. (First Reading 6/21/07) Action: City Clerk Hines read the title. Vice Mayor Thaler conducted the meeting and Mayor Edelcup and Commissioner Iglesias sat in the audience as they abstained as property owners on Atlantic Isle. City Manager Szerlag reported that the wording of the Ordinance is Special City Commission Meeting July 24, 2007 Sunny Isles Beach, Florida commensurate to that of first reading noting that the meetings that staff has held with affected property owners on Atlantic Isle had numbers assigned to the special assessment, those numbers have not changed and are contained within this Ordinance. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to adopt the ordinance. Ordinance No. 2007-285 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 4. PUBLIC HEARING 4A. Hear Public Comment on the Proposed Atlantic Isle Non-Ad Valorem Special Assessments. Action: Vice Mayor Thaler opened the public hearing, and there were no speakers. Public Speakers: none 5. RESOLUTIONS SA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Adopting and Establishing Non-Ad Valorem Special Assessments on Property on Atlantic Isle Benefited by the Construction of Sanitary Sewer Improvements and Associated Road Restoration; Incorporating Recitals; Describing the Sanitary Sewer Improvements and Road Restoration; Estimating the Costs of Improvements and the Portion of Such Costs to be Included in the Special Assessments; Designating the Benefited Area and Lands to be Assessed; Providing for Collection of the Special Assessments; Providing that, upon Adoption, such Special Assessments Shall be a Lien Upon the Property Assessed; Providing for the Effect of Adoption of the Final Assessment Roll; Directing the City Clerk to Record the Assessments in the Improvement Lien Book; Providing for Adjustment of Assessments, if Needed, upon Completion of the Improvements; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; and Providing for an Effective Date. Action: City Clerk Hines read the title. Vice Mayor Thaler conducted the meeting and Mayor Ede1cup and Commissioner Iglesias sat in the audience as they abstained as property owners on Atlantic Isle. City Manager Szerlag reported that this Resolution would essentially spread the Assessment Roll and begin the special assessment process. He noted that the City's Consultant and Consultant Engineer are in the audience. He said that it is anticipated that we will have bids on this project by this fall, early winter, with construction in early winter, spring of 2008 and completion in the summer or fall of 2008. Public Speakers: none 2 Special City Commission Meeting July 24, 2007 Sunny Isles Beach, Florida Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1137 was adopted by a roll call vote of3-0-2 [Mayor Edelcup and Commissioner Iglesias abstained] in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias Abstained Vice Mayor Thaler ~ Mayor Edelcup Abstained 6. ADJOURNMENT Commissioner Goodman moved and Commissioner Brezin seconded a motion to adjourn the meeting, and Vice Mayor Thaler adjourned it at 6:36 p.m. Respectfully submitted by: Approved by the City Commission on Aug. 16, 2007 ~A.~ Jane A. Hines, CMC, City Clerk 3 I I FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCil, COM SSION, AUTHORITY, OR COMMITTEE 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 A person holding elective or appointive county, municipal, 0 inures to his or her special private gain or loss. Each elected sure which inures to the special gain or loss of a principal (ot parent organization or subsidiary of a corporate principal by If to the special private gain or loss of a business associate. C 163.357, F.S., and officers of independent special tax district: capacity. For purposes of this law, a "relative" includes only the officer mother-in-law, son-in-law, and daughter-in-law. A "business; enterprise with the officer as a partner, joint venturer, coownl are not listed on any national or regional stock exchange). ELECTED OFFICERS: 4~ i-o 764;{D1 ~ nUTES on a measure which Igly voting on a mea- 3tained (including the r loss of a relative; or nder Sec. 163.356 or :!d from voting in that ------- , sister, father-in-law, Irrying on a business 'es of the corporation 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,JJo~mY\1V DISCLOSURE OF LOCAL OFFICER'S INTEREST S I 'T .l\~, LC tA ~. hereby disclose that on 7 J c:t '-II () J I I ,20_: (a) A measure came or will come before my agency which (check one) ~~ed to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which CPRC)~~TY OWt0<UC eN A:n-frlNT\C TsL~ . D.tOFU] (d'f I D7 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES s112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE 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