Loading...
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 A TTENTION 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 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 ~ 2 Summary Minutes: Regular City Commission Meeting June 21, 2007 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"). 3 Summary Minutes: Regular City Commission Meeting June 21, 2007 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; 4 Summary Minutes: Regular City Commission Meeting June 21,2007 City of Sunny Isles Beach, Florida 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 5 Summary Minutes: Regular City Commission Meeting June 21,2007 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 6 Summary Minutes: Regular City Commission Meeting June 21, 2007 City of Sunny Isles Beach, Florida 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. 7 Summary Minutes: Regular City Commission Meeting June 21, 2007 City of Sunny Isles Beach, Florida 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. 8 Summary Minutes: Regular City Commission Meeting June 21,2007 City of Sunny Isles Beach, Florida 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 9 Summaty Minutes: Regular City Commission Meeting June 21, 2007 City of Sunny Isles Beach, Florida 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. 10 Summary Minutes: Regular City Commission Meeting June 21,2007 City of Sunny Isles Beach, Florida 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 ,. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS S SE NBOARD. COUNCIL, COM l <; L o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other II commission, authority, or committee. It applies equally to members of, conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a meaSUrE on whether you hold an elective or appointive position. For this reason completing the reverse side and filing the form. INSTRl ~~ (PI;).{OJ CLtl C6 yyM }IV! ~ A person holding ele inures to his or her s sure which inures to parent organization 0 to the special private 163.357, F.S., and of, capacity. For purposes of this \; mother-in-law, son-in-. enterprise with the offi are not listed on any ni ..-- ELECTED OFFIC ~J:~ r-S l A- ~C tD:J kf 1Sl-~~ I b f( S~ vY\~~ rd, council, th a voting depending lrm before ure which m a mea- uding the 3lative; or .33.356 or 1e-acre, one-vote basis are not prohibited from voting in that , son, daughter, husband, wife, brother, sister, father-in-law, ; any person or entity engaged in or carrying on a business corporate shareholder (where the shares 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 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