HomeMy WebLinkAbout2007 0621 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, June 21, 2007,7:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER / ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 7:30 p.m., with the following officials
present:
Mayor Norman S. 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
Assistant City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Isaac Aelion led the Pledge of Allegiance to the flag, and Richard C. Schulman gave
an invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - May 17, 2007.
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 10J and 10K after Item 7 A regarding Atlantic Isles Assessment
District; Amendments: Item 10K, Resolution changing the date of Hearing; Additional
Material: Items 6A, 100 and 12B; Add-On: Items 12C and 12D [12D moved to lOW].
Action: Mayor Edelcup noted the above changes.
Commissioner Brezin moved and Commissioner Iglesias 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
June 21,2007
City of Sunny Isles Beach, Florida
5. SPECIAL PRESENTATIONS
SA. A Presentation by Mayor Norman S. Ede1cup to the Volunteer Members of the 10th Year
Anniversary Celebration Committee, and to the Sponsors of the Events.
Action: Mayor Ede1cup thanked the public, commended staff, members of the 10th
Anniversary Celebration Committee and the sponsors of a very successful event, and
presented them with plaques/plates. He presented Jessica Brady with an award for winning
the "Design a T-Shirt Contest" Grade K-5.
Public Speakers: Ahn Kahl
5B. A Presentation by the Miami-Dade County Fire Department/Fire Rescue of Proposed Plans
for the Construction of the New Fire Station at 17200 Collins Avenue.
Action: Gianni Lehmann, Division Manager, Facilities and Construction Division, Miami-
Dade Fire Rescue Department, and Architect Esvaldo Landero presented proposed plans and
renderings for the construction of the new 2-story, 3-Company Fire Station #10.
Public Speakers: Gianni Lehmann; Esvaldo Landero
Mayor Ede1cup asked for a timeline, and Mr. Lehmann said that this project has to be
accomplished in two phases; 1) the existing station needs to be relocated and they are in that
phase now setting up the temporary site at the church, they need to put in trailers and relocate
their staff from the station into the trailers. He said they hope to vacate their existing facility
by February 2008, and then demolish the existing structure and start the construction on the
new facility. He said if everything goes smoothly they should be in the new facility by July
2009. Commissioner Goodman said it has been five years already and asked if they can't get
it in place faster, and Mr. Lehmann said they just got the lease of the land approved by the
County a couple of weeks ago, and they are going as fast as they can.
Mayor Edelcup asked if after the facility is complete, will the Haulover Fire Station still be
servicing the southern half of the City as it currently does or will this station take on a more
geographic part of the City. Mr. Lehmann said that the Haulover Station will remain there.
6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Motiva Enterprises, LLC, Owner of the Property Located at 16800 Collins
Avenue (Shell Gas Station), for the Following: (Hearing. #Z2007-05)
The Applicant is requesting a variance from the requirements of Sec. 265-56A(5) to reduce the
side setback for monument signs from the minimum 20 feet to 9 feet, 8 inches to construct a
new sign for the existing Shell Gas Station.
Plans are on file and may be examined in the Planning and Zoning Department for "Motiva
Enterprises, LLC.." entitled "Shell Oil Products" Proposed Signage Site Plan, including cover
sheet prepared by MDM Services, Inc. Engineering & Environmental consisting of 1 sheet
dated stamped received 05-07-07 and plans entitled "Shell Monument Sign", consisting of 1
sheet prepared by Federal Heat Sign Company dated 06-01-06. Plans may be modified at
public hearing
Protests 0 Waivers 0 Ex Parte ~
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City of Sunny Isles Beach, Florida
Action: [City Clerk's Note: A photograph of the Shell Gas Station with the Proposed Sign
was distributed prior to the meeting.) 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. Community Development
Director Robert Solera reported.
Public Speakers: Richard R. Morris
Richard R. Morris, representing the applicant, reported noting that this property is located at
16800 Collins Avenue.
Vice Mayor Thaler said that Shell has no transfer switch for a generator, and asked for
assurance that they will go forward and install this switch. Mr. Morris said they have worked
out an arrangement with the operator/dealer ofthat facility to make such an arrangement for a
transfer switch connection to be installed there, and that they did not give him a timeline but
he feels that 90-days or so would be realistic.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion for approval as
amended, subject to staff conditions. Resolution No. 06-Z-110 was approved by a roll
call vote of 5-0 in favor.
V ote: Commissioner Brezin yes
Commissioner Goodman ~
Commissioner Iglesias yes
Vice Mayor Thaler yes
Mayor Edelcup yes
6B. Request of Arie Sunny Isles, Inc., Owner of the Property Located at 323 Sunny Isles
Beach Boulevard (One Netanya Centre), for the Following: (Hearing #Z2006-02)
The Applicant is requesting to build a 7-story building containing 39,367 square feet of office
use and 5,495 square feet of ground floor retail use.
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to build a 7-story building containing 39,367
square feet of office use and 5,495 square feet of ground floor retail use.
2. The Applicant is requesting the following variances:
a. The Applicant is requesting a 5-foot front setback where 20 feeds required pursuant to
Section 265-37(4)(b) of the City Code ("Summary Chart C Sunny Isles Center Sub-
District").
b. The Applicant is requesting zero (0) setback between the tower and the pedestal where
20 feet is required pursuant to Section 265-37(4)(b) of the City Code ("Summary Chart
D Sunny Isles Center Sub-District").
c. The Applicant is requesting zero (0) setback between the tower and the penthouse
where 15 feet is required pursuant to Section 265-37( 4)(b) of the City Code ("Summary
Chart D Sunny Isles Center Sub-District").
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City of Sunny Isles Beach, Florida
d. The Applicant is requesting a building height of 75 feet where 50 feet is required
pursuant to Section 265-37(9)(b) of the City Code ("Summary Chart D Sunny Isles
Center Sub-District").
e. The Applicant is requesting 83.41 % for lot coverage where 80% is permitted under
Section 265-37(F)(5) of the City Code.
f. The Applicant is requesting 49% for Tandem Parking requirement where 20% is
permitted under Section 265-46(A)(4) ofthe City Code.
Plans are on file and may be examined in the Planning and Zoning Department entitled
"One Netanya Centre" prepared by Ari Sklar Architecture and Interior Design including
Cover/Project Data sheet consisting of 17 sheets dated stamped revised 05/02/07 and
plans entitled "Life Safety Plans LS-l" "Life Safety Plans LS-2" "Existing Site Plan A-I"
"Proposed Site Plan A-II" "F AR Calculations A-2" "FAR Calculations A-3" "Proposed
Ground Floor Plan A-4" "Proposed 2nd Floor A-5" "Proposed 3rd Floor Plan A-6"
"Proposed 4th Floor Plan A-7" "Proposed 5th Floor Plan A-8" "Proposed 6th Floor Plan A-
9" "Proposed ih Floor Plan A-I 0" "Proposed Roof Plan A-II" "Proposed Elevations A-
12" "Proposed Sections A-13" and plans entitled "Paving Plan LA-I" "Planting Plan LA-
2" "Landscape Specifications and Plant List" prepared by Rosenberg Gardner Design,
Landscape Architecture Land Planning consisting of 3 sheets dated stamped revised
05/02/07 and plans entitled "Water/Sewer Utility Plan U-l" "Drainage/Grading Plan GR-
1" prepared by EGN, Inc. Engineering dated revised 09/14/06 consisting of2 sheets and
plans entitled "Photometric Site Plan PH-1.00" "2nd & 3rd Level Photometric Plan PH-
1.01" prepared by Delta G. Consulting Engineers, Inc. consisting of 2 sheets dated
stamped revised 05/01/07, and "BOUNDAR Y SURVEY" prepared by Ford, Armenteros
& Manucy, Inc., consisting of one sheet dated stamped revised 09/12/05. Plans may be
modified at public hearing.
Protests 1 Waivers 0 Ex Parte -L
Action: [City Clerk's Note: FPL em ailed a Protest and it was distributed at the meeting.}
Community Development Director Robert Solera said that the owner is here and he would
like to defer this item.
Public Speakers: Alon Steiger
Alon Steiger, representing his father, Arie Steiger, owner of the property located at 323 Sunny
Isles Beach Boulevard, asked to defer this item to the December meeting [December 13,
2007].
Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to defer this item
to the December meeting. 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, 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;
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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.
Action: City Clerk Hines read the title. Mayor Ede1cup passed the gavel to Vice Mayor
Thaler, and he and Commissioner Iglesias abstained pursuant to instruction by City Attorney
Ottinot as they are homeowners on Atlantic Isle. City Manager Szerlag reported noting that
this project has three major components: scope of work, cost apportionment, and a Special
Assessment Procedure which is incorporated in agenda items 7 A, 10J and 10K. He noted that
the City of North Miami Beach will be contributing the cost of water-main replacement which
is estimated at $250,000.00. He said the City expects to go out to bid by the end of this year
with a completion date of Summer 2008, if we have no permitting issues. He said no
residents will be billed until the project is completed.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call vote of
3-0-2 [Mayor Edelcup and Commissioner Iglesias abstained) in favor. Second reading,
public hearing will be held on Tuesday, July 24, 2007, at 6:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias Abstained
Vice Mayor Thaler ~
Mayor Edelcup Abstained
[City Clerk's Note: See action under 4A: The Commission approved hearing items 10J
and 10K out of order, after Item 7 A.]
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 193 ofthe Sunny Isles Beach Code of Ordinances Entitled "Noise" by Establishing
Regulations Relating to Various Types of Noise; Providing for Repeal, Severability,
Codification and an Effective Date.
(First Reading 3115/07 - Deferred from 4/19/07 & 5/17/07)
Action: City Clerk Hines read the title and City Manager Szerlag reported that the City had
an independent engineering firm that specializes in noise, analyze various scenarios between
Ocean IV and Florida Ocean. He said the best solution was to have four fans that currently
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City of Sunny Isles Beach, Florida
face seaward at the parking structure at Ocean IV run continuously with the other 18 fans
hooked up to a C02 Sensor run intermittently. He said four (4) fans are required and they are
not significant in terms ofthe decibel rating that we have that constitutes a nuisance, so even
though there will be four fans on continuously it will not constitute a nuisance. He also
noted that there is a revision on page 105 which essentially excludes intermittent exhaust
noises from our noise nuisance ordinance. He stated that he attached an email from George
Gonzalez, the Manager of Ocean IV, who indicated that within 60 days of passage of this
ordinance they will have the C02 Sensors in place. City Manager Szerlag said he feels that
the issue is solved and it also solves any subsequent issues of a similar nature.
Public Speakers: none
Vice Mayor Thaler asked ifboth sides have accepted this, and City Manager Szerlag said that
Ocean IV has accepted this, and they will be advising Florida Ocean ofthis solution and from
his respective, by having an independent analysis at various points along the condominiums at
Florida Ocean where Florida Ocean representatives were present, the matter is solved.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2007-284 was adopted by a roll call vote of5-0
in favor.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Vice Mayor Thaler
Mayor EdelcuP
~
yes
yes
yes
yes
10. RESOLUTIONS
lOA. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Awarding
RFP No. 07-04-01 to and Entering into an Agreement with Rachlin Cohen & Holtz for
Professional Auditing Services, for a Three (3) Year Period, in the Amounts of$41,250.00
for Fiscal Year 2006/2007; $44,150.00 for Fiscal Year 2007/2008; and $47,250.00 for Fiscal
Year 2008/2009, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and
Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; Authorizing the
Mayor to Execute Said Agreement; 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 Assistant City Manager/Finance Doug Haag
reported. Mr. Haag said that they want to make one exclusion in terms of the agreement to
defer the single-audit fee until such time as it is actually applicable, and noted that these go
through a series of renewable agreements that can be cancelled at any time. He said Rachlin
Cohen & Holtz did agree with some ofthe City's key terms: submittal ofthe audit by January
31 st of each year, with the exception ofthe first year which will be by February 28, 2008; and
giving the City the right to approve any staffing changes on their part.
Public Speakers: Jerry Chiocca
Mayor Ede1cup said in discussions with the various firms he noted that this proposal calls for
a 7% increase in the second and third years. He said all municipalities and local
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governments are being constricted by the new proposed tax law changes, and asked if we
have really thought this through and bargained for the best approach that we can get, as he is
familiar with some other companies whose boards he served where they contracted for 3% or
CPI, cost of living adjustments, and a flat 7% would be abnormal with those institutions.
Jerry Chiocca, of Rachlin Cohen & Holtz, said they had discussed with staff about the new
statements and auditing standards coming out by the American Institute of Certified Public
Accountants as well as the Government Accounting Standard Boards No. 44 and 45. He said
they are requiring them to do additional services and different procedures based on risk
assessments and other assessments as a result of the FCC. Mr. Chiocca said that during the
conference he attended in Orlando last week, they are projecting increases in the auditing fee
of 10-20%, they have put in approximately a 15% number increased for the first year, so they
are trying to keep it in line as much as possible, and they certainly believe that the due dates
in January and February of the coming year they will collectively be more efficient now that
they have staff on both sides that know each other, they can bring it in at that price.
Mayor Edelcup said he has no problem with the current year, he has problems with the
increases in the second and third years, since those are repetitive assignments they shouldn't
be increased by more than the CPI, and Mr. Chiocca said the procedures still have to be done.
Mayor Edelcup said he feels it is the principal, if we are not diligent in trying to control costs
here, and he would prefer that Mr. Chiocca look at those for the second and third years. He
said we can come back at perhaps a future date when they are ready to talk about the special
audits and what the rates may be for other years. Mr. Chiocca said he has been here with the
City for a long time and he has no problem coming back for the second and third year.
City Attorney Ottinot said procedurally the Commission gives staff authority to make minor
changes with respect to the second and third year so they can do it without coming back to
the Commission. Mayor Edelcup said right, as well as the special audits that have been
deferred, so they can individually negotiate those and if they are within those same
parameters as outlined here, ifthey were to exceed it then he would expect staffto come back
to Commission. City Attorney Ottinot clarified that the Mayor is proposing that we approve
it for three years, giving staff the discretion to work out the numbers for year two and three,
and it has to come within the guidelines of what the Mayor stated tonight, and ifit doesn't,
we will bring it back. Vice Mayor Thaler said he would like the Commission to be notified
as to what those amounts are, and Mr. Haag said yes he will notify the Commission.
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution, as amended. Resolution No. 2007-1106 was adopted by a voice vote of5-
o in favor.
lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Acceptance of a Donation of a Baby Grand Piano from Mary Lee of Christine Lee's
Restaurant for the New Pelican Park Community Center in Honor of and in Her
Mother's Name Christine Lee; 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 City Manager Szerlag reported.
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Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1107 was adopted by a voice vote of 5-0 in favor.
lOCo A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the Purchase of 24 Park-Type Benches and Trash Receptacles from Rep Services, Inc., in
a Total Amount Not to Exceed $40,687.46, as Quoted and 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 Assistant City Manager/Services Vera reported
noting that these benches will be installed within the bus shelters that staff are currently
installing. He said staff has ordered 12 additional bus shelters for a total of36 bus shelters
throughout the City, which should be arriving in 12 weeks or so. Vice Mayor Thaler said by
the end of the 12 weeks we will have all the bus shelters and benches so that the whole City
will be built out by the end of the summer. City Manager Szerlag said yes but we may also
need to finalize some easements before they are installed, that could be out of our hands.
Public Speakers: Gloria Taft
Gloria Taft said that derelicts/homeless have been frequenting the benches on 174th Street,
and she brought this to the attention ofthe Chiefthe other day and she asked ifthose benches
could be designed with separations in the middle as a deterrent. Commissioner Iglesias said
what they are doing is using pillows so it would do no good to put dividers in them. City
Manager Szerlag said that we will step up our patrol in the area.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1108 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a
Construction and Inspection Services Agreement with Eisman & Russo, Inc., for a Total
Amount Not to Exceed $158,065.00, Attached Hereto as Exhibit "A", for the Sunny Isles
Beach Boulevard/SR826 Project; Authorizing the Mayor to Execute Said Agreement;
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 Assistant City Manager/Services Vera reported.
Public Speakers: none
Commissioner Iglesias explained that the plans have already been completed and sent out on
this project, this is for the construction, engineering and inspection services. He said they
will do the testing, inspect to make sure that they are in compliance with FDOT standards,
they serve as a liaison between the City and FDOT, and that this is more the construction
management part of it.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1109 was adopted by a voice vote of 5-0 in favor.
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10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Professional Engineering Services Agreement with Marlin Engineering, Inc. in the
Amount of $84,27239, Attached Hereto as Exhibit "A", to providc Post Dcsign Services
During Construction of thc Snnny Isles Beach Bonlevard/SR826 Project; Authorizing
the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things
Necessary to Effectuate the Terms ofthe Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager/Services Vera reported
and noted that when the design contract was done, these services were omitted.
Public Speakers: none
Commissioner Iglesias explained that this is for the management of the plans, they have to be
on board to make design modifications to ensure that the construction is not delayed.
Commissioner Goodman said that they were not notified of the fact that money has to be paid
out for services above what the original contract was. City Manager Szerlag said that is a
good point and noW that we have our own in-house Engineer that is licensed in the State of
Florida, in the future we will be able to discern whether we want to have the general
engineering firm that develops the specs do construction management services and special
design services or have someone else do that, and we will advise upfront on that point. He
said as to the bid, this is not an extra cost because in the original bid these services were not
included, noW they are included. Commissioner Iglesias said once the design is complete,
FDOT's typical practice is that you have money set aside, usually 10%, for post design
services, because you will always have problems like utility verification, busted pipes,
abandoned utilities, etc.
City Manager Szerlag said that this project did come in under the City's estimate and the low
bidder was $1 Million Dollars less than the second low bidder. He said the benefit of a
Construction Manager is on what you don't see, you don't see a lot of change orders, you
don't see faulty materials, you don't see construction delays. Commissioner Iglesias said that
we had ca\culated over $4 Million Dollars at the beginning, it carne under $3 Million Dollars
and FDOT is giving us the $3 Million Dollars.
Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve thc
resolution. Resolution No. 2007-1110 was adopted by a voice vote of 5-0 in favor.
1 OF. A Resolution ofthe City Commission of the City of S uuny Isles Beach, Florida, Approving
a Professional Engineering Services Agreement witb Marlin Engineering, Inc., in an
Amount Not to Exceed $749,554.66, Attached Hereto as Exhibit "A", for Profcssional
Design Services oflbe Nortb Bay Road Pedestrian and Emcrgency Vebidc Bridge, and
the Town Center Park Observation Deck and Boardwalk; Authorizing the Mayor to
Execute Said Agreement; 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 Assistant City Manager/Services Vera reported.
Public Speakers: Cassey Gabor
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Mayor Edelcup asked how this amount compares to the Capital budget estimates for this
same work. City Manager Szerlag said that staff feels that this price is reasonable for the
work that is going to be performed, it is a good firm, and they are going to design a good
pedestrian bridge for us as well as a boardwalk, and we are looking at FY 2008/2009 for
completion ofthis project, depending upon permitting. Vice Mayor Thaler asked ifthere is a
timeline for them to get back to us, and City Manager Szerlag said we will advise them when
plans are needed to go out for bid. Commissioner Iglesias said the only thing that is out of
our hands is that we will have to' deal with the Army Corp of Engineers, DEP for the
submerged land, and there is no telling how long something like that can take, and advised
the firm to start their contacts very early. City Manager Szerlag said we will develop a
critical path and there will be intervening variables and he is sure that Marlin will be very
expedient in what they can control, and we will be expedient in what we can control.
Cassey Gabor noted the importance of the design of the bridge and to consider it as
beautification of this City, and for assurance that it is a walking bridge open to emergency
vehicles only. Mayor Ede1cup said that he and the City Manager were discussing about a
week ago that we would design a bridge that would fit into the architectural look ofthat area.
He said the bridge is being built as a single-lane for pedestrians and a bicycle path, for
emergency vehicles only, but the understructure will be built to accommodate a wider bridge
so that if, in the future, one should ever be decided to be needed and if there is space
available, which there isn't today, to put anything wider than what is there. Ms. Gabor asked
if it would be closed at 10:00 p.m., and Mayor Edelcup said no, the bridge will have to have
the availability of emergency vehicles going through it, as well as pedestrians and bicyclists
to be able to use it throughout the evening. City Manager Szerlag said that the boardwalk
will be built from wood, adjacent to the mangrove trees, with an observation deck. He said
we are going to save the mangrove trees, and the bridge to the western portion of Town
Center Park. Mayor Ede1cup said there are permitting issues that are not in our hands, so we
can't really say when something will happen when we cannot control other agencies.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1111 was adopted by a voice vote of 5-0 in favor.
lOG. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving
a Service Agreement with KMR Construction Management, Inc., for the Development
and Construction of the Foundation for the Town Center Park Restroom in an Amount
Not to Exceed $20,514.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to
Execute Said Agreement and Do All Things Necessary to Effectuate the Terms of the
Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager/Services Vera reported
noting that we will start next week on the foundations.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1112 was adopted by a voice vote of 5-0 in favor.
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10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the SIB TV Programming and General Policy Guidelines for the City's Government
Access Channel, SIB Television, 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 City Manager Szerlag reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1113 was adopted by a voice vote of 5-0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Renewal of a Computer Maintenance Services Agreement with International
Business Machines (IBM) Corporation, in the Amount of$12,794.60, 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 Agreement; Providing
for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager/Finance Haag reported,
noting that this is proprietary.
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1114 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Declaring
the City's Intent to Impose Non-Ad Valorem Special Assessments on Property on
Atlantic Isle to Benefited by the Construction of Sanitary Sewer Improvements; Providing
an Estimate ofthe Cost of Such Sanitary Sewer Improvements and the portion of Such Costs
to be Included in the Special Assessments; Designating the Lands to be Assessed; Providing
the Manner and Time of Payment of Special Assessments; Providing that, upon Adoption,
Such Special Assessments Shall be a Lien Upon the Property Assessed; Providing for the
Preparation of a Preliminary Assessment Roll; Providing for Certain Documents and
Information to be Available at the Office of the City Clerk for Public Inspection; Providing
for publication of this Resolution by the City Clerk; 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's Note: This item was taken out of order and heard after 7A] City
Clerk Hines read the title and City Manager Szerlag reported. Mayor Ede1cup passed the
gavel to Vice Mayor Thaler, and he and Commissioner Iglesias abstained pursuant to
instruction by City Attorney Ottinot as they are homeowners on Atlantic Isle.
Public Speakers: none
11
Summary Minutes: Regular City Commission Meeting
June 21, 2007
City of Sunny Isles Beach, Florida
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2007-1115 was adopted by a voice vote of 3-0-2 (Mayor
Edelcup and Commissioner Iglesias abstained) in favor.
10K. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Providing
for publication of the Atlantic Isle Sanitary Sewer Preliminary Assessment Roll in
Accordance With Chapter 170, Florida Statutes; Providing a Date and Time for an
Equalization Hearing on the Proposed Atlantic Isle Special Assessments; Providing for
Mailing of Notice ofthe Public Hearing to Owners of Assessed Property; Providing for
publication of Notice of the Hearing; and Providing for an Effective Date.
Action: [City Clerk's Note: This item was taken out of order and heard after 10J. An
amended Resolution was distributed before the meeting changing the date of the
Equalization Hearing.] City Clerk Hines read the title and City Manager Szerlag reported
noting that the date was changed from July 26, 2007 to Tuesday, July 24, 2007. Mayor
Ede1cup passed the gavel to Vice Mayor Thaler, and he and Commissioner Iglesias abstained
pursuant to instruction by City Attorney Ottinot as they are homeowners on Atlantic Isle.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution, as amended. Resolution No. 2007-1116 was adopted by a voice vote of
(Mayor Edelcup and Commissioner Iglesias abstained) in favor.
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Endorsing
the Recommendations Contained in the Final Review Report of the Educational
Facilities Impact Fee Ordinance and Requesting that Miami-Dade County Implement
the Revisions as Soon as Possible; Authorizing the City Manager and City Attorney 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 Norman S. Ede1cup reported.
Public Speakers: Ana Rijo-Conde
Ana Rijo-Conde representing the Miami-Dade County School Board thanked the City for
their support. She said the impact fee ordinance has not been updated since 1995, and the
cost of construction and land has risen tremendously, and we have to bring the impact fees up
to reflect the present conditions. She said they are also asking other municipalities to adopt
similar resolutions in preparation of their meeting with the County which will take place on
July 12,2007. Vice Mayor Thaler said that his understanding is that this does not cost the
City any money, this impact fee is charged back to the developers, and Ms. Rijo-Conde said
that is correct. Commissioner Goodman asked when this will go into effect, and Ms. Rijo-
Conde said the public hearing is July 12,2007 and then we go to final reading which will
take place sometime in August or September, and then the County has a 60-day period for the
effective date, so it will be late this year before it can be enforced.
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1117 was adopted by a voice vote of 5-0 in favor.
12
Summary Minutes: Regular City Commission Meeting
June 21, 2007
City of Sunny Isles Beach, Florida
[City Clerk's Note: The Commission took a five-minute recess after this item.]
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to take items 10Q
and lOT out of order and hear before 10M. The motion was approved by a voice vote
of 5-0 in favor.
10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying a
Release Between the City and Brown & Brown, Inc. Authorizing the City to Receive
Payment in the Amount of $27,960.13, Attached Hereto as Exhibit "A"; Authorizing the
City Attorney and the City Manager to Do All Things Necessary to Effectuate the Intent of
this Resolution; and Providing for an Effective Date.
Action: City Clerk Hines read the title and City Attorney Ottinot reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1118 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
the Purchase of Twelve (12) Handheld P7150 Police Radios and Associated Accessories,
in the Amount Not to Exceed $39,618.00, 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 Captain Michael Grandinetti reported.
Public Speakers: none
Mayor Edelcup asked what happens to the old radios, and Captain Grandinetti said the ones
they can repair, they repair, but are eventually destroyed. Mayor Edelcup asked if they can
be donated to another agency, and Captain Grandinetti said he will look into it but it depends
on if they can clear the channels or not because it is an encrypted frequency.
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1119 was adopted by a voice vote of 5-0 in favor.
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Option Agreement in Substantially the Same Form with Intercoastal Management,
Ltd. for Purchase and Sale of Real Property, Folio # 31-2214-008-0350, in the Amount
of$500,000.00 with an Option Deposit of$50,000.00 for a 90-Day Option, Which Deposit
Shall be Applied to the Purchase Price if the City Proceeds to Purchase, Attached Hereto as
Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager
and the City Attorney with the Authority to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: A signed copy of the Option Agreement (Exhibit "A'') was
13
Summary Minutes: Regular City Commission Meeting
June 21,2007
City of Sunny Isles Beach, Florida
distributed prior to the meeting.) City Clerk Hines read the title and City Attorney Ottinot
reported and noted that this property is located next to Oceania IV and V, right next to
Atlantic Isle. City Attorney Ottinot said that this would give us time to do research to obtain
necessary appraisals, environmental testing, and to ensure that the title has no defects.
Public Speakers: none
Mayor Edelcup said that this is an important entranceway property to the City which is
currently an abandoned marina site that used to be where the Castaways Boat Docks were
back in the 60's through the 80's, and right now it is a cement slab. He said this would be a
very important critical improvement on the look of the City to acquire this and turn it into
green space as part of our ongoing efforts to increase parks space areas.
Vice Mayor Thaler asked if the $50,000.00 is refundable, and City Attorney Ottinot said yes
if there are any title defects or an environmental issue with the property, we have a right to
terminate the option agreement, and the option fee will be returned to the City.
Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the
resolution, as amended. Resolution No. 2007-1120 was adopted by a voice vote of5-0 in
favor.
lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Modification to Resolution No. 2006-891 to Provide Regalia, LLC. with a New Payment
Schedule Regarding Transfer of Development Rights (TDRs) in the Amount of54,385
Square Feet of Floor Area; Approving a Promissory Note in Substantially the Same Form
Between the City and Regalia, LLC; Providing the City Manager and City Attorney with the
Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title and City Attorney Ottinot reported noting that the
Building Permit has been issued to Regalia at this time. He said there has been one condition
added as requested by Vice Mayor Thaler that the interest be paid within a year of the
Building Permit, he has not been able to contact Stanley Price yet but does not see any
problems in granting this request. He noted that the City has been in negotiations with
Golden Beach relating to this project which there is a possible settlement in that case
between Golden Beach and the City in respect to the Regalia project and the developer.
Public Speakers: none
Mayor Edelcup asked if they have agreed to the easement on the property for the WiFi tower,
and City Attorney Ottinot said yes, ifthere is no prohibition in terms of contracts, they do not
have a problem providing us with an easement.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1121 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, Accepting
Deed from Miami-Dade County for the Property Located at 350 Sunny Isles Boulevard
also Known as Pump Station 301 for Use as Public Right-of-Way; Providing the City
14
Summary Minutes: Regular City Commission Meeting
June 21, 2007
City of Sunny Isles Beach, Florida
Manager and the City Attorney 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 before 10M) City
Clerk Hines read the title and City Attorney Ottinot asked Lynn Dannheisser to report as she
has been working on this item.
Public Speakers: Lynn Dannheisser, Esq.
Lynn Dannheisser, Esq. said that they have been working with W ASA to try to secure from
them a right-of-way deed for the western 25-feet so that fire and other safety vehicles from
Sunny Isles Beach will have access through to the Intracoastal. She said that they have
already provided two access points on this project but they wanted a third, and they are
willing to do this and give the City that deed. She said in addition, as soon as the City
indicates that they want this deed, the next step is for them to create a landscaping plan for
beautification, and they have committed in accordance with their approval resolution to have
$1 Million Dollars of improvements on this site, and that they will need the City and the
County to approve all those improvements. She said one of the things that Assistant City
Manager/Services Vera has indicated is that the City would like to have the water tank come
down to create more of a view corridor, and there is verbal agreement at this point from the
County that they are willing to do that assuming that it has no function.
Mayor Edelcup said that this would be an improvement for Sunny Isles Beach Boulevard by
having this space being opened up and made more attractive. He reminded staff that there
are two developers working to improve this particular piece of property, this client and St.
Tropez, and to make sure that there is no conflict there, and that City staff will take the lead
in coordinating all of these efforts, and to make this a park-like setting.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1122 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, Amending
Resolution No. 2007-1043, Changing the Name of "Pelican Park" Located on North Bay
Road Between 181 st and 182nd Streets to "Pelican Community 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 City Manager Szerlag reported that Pelican Park
will also house a Community Center and that it was suggested that the Park be renamed
"Pelican Community Park".
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1123 was adopted by a voice vote of 5-0 in favor.
10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Acceptance of a Donation of a Flagpole from Fortune International and Coscan
Construction for the 163rd Street Wharf Project at the West End of Sunny Isles
15
Summary Minutes: Regular City Commission Meeting
June 21,2007
City of Sunny Isles Beach, Florida
Boulevard; Providing the City Manager with the Authority to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title and City Manager Szerlag reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2007-1124 was adopted by a voice vote of5-0 in favor.
lOT. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Clarifying
Resolution 07-Z-1 09 to Require that the 24-Month Period to Pull a Building Permit for
the Epicure Project Shall Commence on May 17,2007; Providing the City Manager and
City Attorney 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 before 10M and
after 10Q) City Clerk Hines read the title and City Attorney Ottinot reported.
Public Speakers: Lynn Dannheisser, Esq.
Mayor Edelcup noted that this was an administrative oversight which should have been done
the last time around. Mayor Edelcup asked if we could get some assurance that the Rascal
House Restaurant stays open until such time as this building is torn down and the project
goes forward. Lynn Dannheisser, Esq. representing the owner said as long as it is a
profitable enterprise it will remain open, but it is possible that it will have to be closed before
the building gets built.
Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2007-1125 was adopted by a voice vote of 5-0 in favor.
IOU. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Naming of the Park Located at 500 Sunny Isles Boulevard as "Bella Vista Bay Park";
Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title and Mayor Edelcup reported noting that old maps
from the 1920's indicate that where this land is sitting was Bella Vista Bay the waterway at
Sunny Isles Boulevard and the Intracoastal.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2007-1126 was adopted by a voice vote of 5-0 in favor.
10V. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Contribution of$l,OOO.OO to the Build a More Beautiful Miami-Dade Fund of Hands on
Miami; Providing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
16
Summary Minutes: Regular City Commission Meeting
June 21, 2007
City of Sunny Isles Beach, Florida
Action: City Clerk Hines read the title and Mayor Edelcup reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2007-1127 was adopted by a voice vote of 5-0 in favor.
lOW. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Contribution of $500.00 to Temple B'nai Zion; Providing for the City Manager to Do All
Things Necessary to Effectuate this Resolution; and Providing for an Effective Date.
Action: [City Clerk's Note: See Action under 4A adding this item to agenda as a discussion
item.] Mayor Edelcup said that Temple B 'nai Zion has been very generous in providing the
City and our Sister City Netanya, Israel with a luncheon for the City's 10th Anniversary
Celebration and he thinks it would be appropriate to respond with a thank you donation.
Public Speakers: none
After discussion, it was the consensus of the Commission to donate $500.00 to Temple B'nai
Zion as they are an integral part of our community. City Attorney Ottinot clarified that our
Charter requires four votes to approve a contribution or donation.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to donate
$500.00 to Temple B'nai Zion. Resolution No. 2007-1128 was adopted by a voice vote of
5-0 in favor.
11. MOTIONS
11A. Call for a Motion to accept the following changes to the Mayor's Advisory Council (MAC):
· Accept the resignation of Henry Kay from the Community Activities and Health
Committee; and
· Confirm the appointment of Elaine Wexler to the Community Activities and Health
Committee (Commissioner Brezin).
· Accept the resignation of Moises Malowany from the Community Activities and
Health Committee; and
· Confirm the appointment of Barnett Levandov to the Community Activities and
Health Committee (Commissioner Goodman).
Action: Commissioner Brezin introduced Elaine Wexler who thanked the Commission and
provided comments on her past experiences. Commissioner Goodman also thanked Barnett
Levandov who had left earlier in the evening. Mayor Edelcup asked that we send a letter of
thanks on behalf of the City Commission to Henry Kay for the years he has served on the
Committee and wish him well and speedy recovery.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to accept the
resignations and appointments. The motion was approved by a voice vote of 5-0 in
favor.
17
Summary Minutes: Regular City Commission Meeting
June 21, 2007
City of Sunny Isles Beach, Florida
12. DISCUSSION ITEMS
12A. Discussion/Presentation of Alternate Power for Traffic Signals.
Action: Public Works Superintendent James Watts presented a power-point presentation.
He said back in mid-February the Commission approved the switches for the entire City, and
noted that we have 16-1ighted intersections on Collins A venue, and that they have installed
the switches which operate off of a generator, if we lose power we can hook into them and
they will go right into operation. He said there is one location that we are still waiting to
install at Lehman Causeway and 192nd Street because of the recent FPL undergrounding,
Miami-Dade County Public Works does not know where their emergency switch is at, as
soon as they find that we can hook our switch into it. He noted that the switches are high up
on telephone poles and they have a green and red light, the red light will be on only when we
have the generator in operation, when FPL comes back on line it will give us a green light,
and will automatically transfer itself off of our generator.
Mr. Watts said that we also ordered two additional switches to hook into our parks, and
found out that they won't work well because they have a low capacity for amperage, so we
are going to try to get two very large transfer switches and its own private generator to work
all of the lights in each of the parks. Mayor Edelcup asked that Mr. Watts get back to them
with a report on the parks and how we are going to handle that. Mr. Watts said he already
has an electrician looking at it and he should know by next week.
12B. Discussion regarding Update on Windows and Balcony Railings Repair and/or Replacement.
Action: [City Clerk's Note: The power-point presentation was distributed prior to the
meeting.) Building Official/Administrator Clay Parker presented a power-point presentation
of an update on windows and balcony railings repair/replacement/the February 1, 2007
Mandate letter issued to the Pinnacle, Oceania I, II and III. He noted that several of the
buildings that had structural damage were issued fee free permits and the repairs were
completed, and that some buildings and single family homes were declared unsafe and most
have been demolished. He noted that we still have a few structures yet to be repaired or
demolished and they have been sited under our new Nuisance Ordinance to encourage the
owners to expedite their repairs or demolitions, such as the Lagoon Restaurant.
Mr. Parker said all buildings damaged by Hurricane Wilma with broken glass windows and
sliding glass doors have been repaired or replaced, including the four buildings cited in the
February 1 st letter: the Pinnacle, Oceania I, II, and III. He said Oceania I tested the existing
railing with 3/8"tempered glass insert and passed, and Oceania II and III did not pass the test
and so they have signed a contract to replace all balcony railings with 3/8" tempered glass.
Public Speakers: Isaac Aelion
Vice Mayor Thaler said he hasn't heard a timeframe, and he believes that Code Enforcement
has to sit on them. Mr. Parker said that Oceanias II and III had taken another contractor,
same design, and are putting in the same railing system and that contractor has stated that he
will be done within a year. Community Development Director Robert Solera said that they
have issued warnings, there will be no extensions granted, they have ten (10) days to come
into compliance, which compliance would be to obtain the permit and make the changes,
18
Summary Minutes: Regular City Commission Meeting
June 21,2007
City of Sunny Isles Beach, Florida
and once those ten days are up, a citation will be issued and a fine will be imposed of $250
per day. He said to bear in mind that once the citations are issued, they are allowed to
request a hearing in front of a Special Master, but the City's presentation will be forceful, and
they will be requesting that everything be done immediately.
Commissioner Goodman asked if there are any other buildings that are causing any
difficulties at the present time. Mr. Parker said yes, the Arlen House 100 has been going on
for 2-3 years due to deteriorated concrete restoration. Mayor Edelcup asked if the Winston
Towers 200 swimming pool issue has been rectified. Mr. Parker said that they are changing
contractors and reinforced the structural foundations of the swimming pool, which is ready to
be opened, but they are still having problems with the parking garage. Commissioner
Goodman said that the garage is unsafe, and that they were just issued a permit for the people
to park in the street until the end of September. Mr. Solera said he had a meeting along with
Mr. Parker with Winston Towers and he expressed to them that the City must not be
burdened with the situation in blocking traffic on 174th Street. He said 174th Street is not
made for anyone to park on the outside and there are a number of other buildings that would
like to do the same, so if we continue to extend their permit to park on the Street, and we
don't make them park somewhere else, it lends a hand to provide the same type of scenario
for others and it still makes an impact on the City and residents. Commissioner Goodman
said he hopes by the end of September that they are finished, if not, the City will have to take
action against them. Vice Mayor Thaler said he understands the problem but the problem is
they didn't do anything and we are helping them to just keep running. Mr. Solera said for
that purpose he had requested information from Commissioner Goodman and Assistant City
Manager/Services Vera as to what was our position whether to extend the permit or not, and
the response was to give them a little more time based on the meetings.
Mr. Parker said once you tear into some of these older buildings, you don't know what you
will find, and in their case they found a very unsafe situation that they cannot allow the
people to go back and park in that underground parking facility without this construction
joint being repaired. He said some time has been wasted because the Association spent time
trying to make up their minds as to what they wanted to do, and the contractor and engineer
had come up with a solution but they took some time in deciding what to do. He said his
next step would be to declare that part of the building unsafe. Mr. Solera said if it is the
consensus of the Commission not to extend this permit we could rescind the approval. Vice
Mayor Thaler suggested to leave it for now but not to extend it again in September. Mayor
Edelcup said don't let that be a precedent for other people to come in, what is done is done,
but we don't have to extend that for future requests from other buildings.
City Manager Szerlag said we rely on Clay Parker and Robert Solera to advance the
philosophy that we call compliance before conviction, and underpinning that is a reasonable
timeframe, and they have to make that determination in terms of what is reasonable because
he holds them accountable for the safety of the community and they have to take a look at if
they go the conviction route the attorney's office will be involved and a Special Master.
Mayor Edelcup said there is still discretion in there and what we are trying to say here is that
yes they should make that decision but they need to make it strictly under professionalism,
and that we have to take a uniform approach that you have your job to do, you need to do it,
you follow it to the letter of the law, and don't bend to political pressures to give extensions.
19
Summary Minutes: Regular City Commission Meeting
June 21, 2007
City of Sunny Isles Beach, Florida
12C. Add-On:
Discussion regarding Holding City Commission Meetings in August.
Action: [City Clerk's Note: See Action under 4A adding this item to agenda.] Mayor
Edelcup said that he feels we should run on a 12-month basis the public perception being that
when we don't have a meeting in August, the City is closed down when in fact it never really
does close down. He said rather than to perpetuate that perception and also to say we are a
full time government, he feels we should schedule 12-meetings a year, one for each month.
He noted that our Charter provides for at least 11 meetings a year, therefore it leaves us the
opportunity of having 12 meetings, and any monthly meeting can be cancelled because of
lack of material to come before the Commission. He recommends that we go on a full 12-
month schedule of providing for the third Thursday with whatever exceptions we make
throughout our scheduling process, so we meet once every month, 12 months of the year.
After discussion it was the consensus ofthe Commission to have 12 Commission meetings a
year.
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to schedule
Commission meetings in August beginning this year. The motion was approved by a
voice vote of 5-0 in favor. [City Clerk's Note: A Resolution will be added to the July 19,
2007 Commission Meeting agenda scheduling a Commission meeting on August 16, 2007.]
12D. Add-On:
Discussion regarding a Water Park in Town Center Park.
Action: Vice Mayor Thaler said he would like somebody to look into putting a water park in
the back of Town Center Park, which is not being used at this point. Mayor Ede1cup said
that would be part ofthe Capital Projects, and City Manager Szerlag said he is in the middle
of budget sessions and he has a note for a water park of which he is getting costs, and that it
will be essentially up to the Commission as to how they want to handle that financially.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
M~yor,Edelcup adjourned the meeting at 10:13 p.m.
( . ,
". '~espec(fully submitted by: Approved by the City Commission on July 19,2007
.,. ~ ..
..: ~ 'A:~~
,.1'Vle A. Hines, 9MC, City Clerk
..... ' ' - ~
.
20
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
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conflict of interest under Section 112.3143, Florida Statutes.
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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
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
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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.
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. You must complete the form and file it within 15 day~ 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
I, "]D ~mPr1\.j <; . <7:.1\~ I c.u P ,hereby disclose that on ~U Y't ~ 21
, 20 Q.l.:
(a) A measure came or will come before my agency which (check one)
X 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
~ROQ~<:\Y 6..uru~ IN krL~T\C. ISLES.
'- )u n-e.
Date Filed
21) ")e>Dl
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.
PAGE 2
CE FORM 88 - EFF. 1/2000
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
C
THE BOARD, COUNCil. COMMISSION. AUTHORITY OR COMMITTEE ON
INHICH I SERVE IS A UNIT OF:
[J ~ [J COUNTY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
"".
~CTIVE
[J OTHER lOCAL AGENCY
Jlf,'k.,:t ~
[J 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 COMPLlANCI
A person holding elective or appointive county, municipal,
inures to his or her special private gain or loss. Each electe
sure which inures to the special gain or loss of a principal (c
parent organization or subsidiary of a corporate principal by
to the special private gain or loss of a business associate. (
163.357, F.S., and officers of independent special tax districl
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, coowne
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
~-~~.
~}--~
if<r
) b =r
(0 )L
.ATUTES
I on a measure which
ngly voting on a mea-
'etained (including the
lr loss of a relative; or
nder Sec. 163.356 or
ed from voting in that
sister, father-in-law,
rrying on a business
~s 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,
< fJtM/()(
DISCLOSURE OF LOCAL OFFICER'S INTEREST
T '1 />!.~ II?; . h.,eby d;"lo,," th,t 00 & ,h I
,20 07 :
(a) A measure came or will come before my agency which (check one)
~ured 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
1m f1 (JrofJ'Orl( Oc..u/ley- IV) 7h~
CCM1 \IV{ lJ 11 llq
// TLt'Jw Ie c' ..lJ/~J
r; /if /0 7
/Jww~_
(~
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
I
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
\
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. olease oay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE \f\j
A person holding elective or appointive county, municipal, or 0
inures to his or her special private gain or loss Each elected or
sure which inures to the special gain or loss of a principal (othe
parent organization or subsidiary of a corporate principal by whi,
to the special private gain or loss of a business associate. Corr
163.357, F.S., and officers of independent special tax districts E
capacity.
For purposes of this law, a "relative" includes only the officer's
mother-in-law, son-in-law, and daughter-in-law. A "business as~
enterprise with the officer as a partner, joint venturer, coowner
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
CoYMn ~ -
~~~
/lQ'j~~~
~~
~~~AA .
11(7~ 4;l~)
UTES
a measure which
I voting on a mea-
ined (including the
ISS of a relative; or
~r Sec. 163.356 or
from voting in that
ister, father-in-law,
ling on a business
, 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 8B - EFF. 112000
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
}) AN' 'Z:.L ~('<"')L~S: I ~ , hereby disclose that on l I~t..{ I () f
I I
,20_:
I,
(a) A measure came or will come before my agency which (check one)
.L 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
, 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
:r:. a", 0.. .-yco~-\r 6 LO 1'\ U ;" ~~ V\ RN'l'Tl c. 1. SLf $ ~MIl\ll~ 1 T Y.
II~ L/-/n 7
Date Filed I ,
o~~
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317, 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.
PAGE 2
CE FORM 8B - EFF. 1/2000