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HomeMy WebLinkAbout2007 0215 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, February 15,2007, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION 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 I. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:50 p.m., with the following officials present: [City Clerk's Note: A Workshop was held right before this meeting) Mayor Norman S. Edelcup 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 Patricia SaintVil-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Assistant City Manager/Finance Douglas Haag 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 - January 18,2007. Action: Vice Mayor Thaler moved and Commissioner Iglesias 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. Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS SA. Presentation by the Miami-Dade County Public School Board on the Status of the Construction of the K-8 Elementary School in Sunny Isles Beach. Action: Jim Cohen introduced the Project Team and recapped the project: Pre-K through 8th grade, 1,642 students stations, dual-use Cafetorium, media center, instructional classrooms, computer labs, music, art, theater labs, phys-ed spaces, some on the school property and some that will be accessible by the Interlocal Agreement at the Park across the street, supporting administrative offices, and a parking garage. He proceeded with a power-point presentation and also presented renderings of the project. He said there is a secondary bus drop-off on 183 rd and the main bus drop-off is along Atlantic with the entrance to the school at the south end; 182nd Street will be one-way traffic heading toward the Bay, there will be two-lanes of traffic intended for parent drop-off with an entrance for parent drop-off off from 182nd which is also the walkway to the Park. Coming off from North Bay Road is an entrance to the parking garage and a service loading dock area. Mr. Cohen described the site as a four-story classroom building that runs all along Atlantic, there is a two-story administration building, a four-story parking garage, a two-story auditorium, cafetorium media center and a courtyard in the center, and looking out towards the Bay is a covered dining area, and he described each floor/level. He said there are approximately 135 parking spaces in the garage. He said that the older kids are pretty much kept on the fourth floor away from the younger kids. He noted that they are still developing color schemes. He said there is a covered walkway for the bus drop-off from the mid point of the building all the way to the main entry. Mr. Cohen reported on the status of the project: the building is down and they are on track putting in foundation, putting piles in which should be happening very soon, they are moving off the debris from the demolished building, the demo phase is awarded and completed. He said the structural package which includes the piles, concrete foundations, is awarded and will be beginning in February, and they are getting pricing right now for the balance of the project, it is out to bid, while they flush out the interior finishes, etc. He said that basically the shell is set now, it is being bid on now, and they expect that the pricing will be coming in at the end ofthis month. He noted that it will be on the Board agenda for March l5, 2007 for the final balance of the project and the award. Public Speakers: Bob Welsh; Isaac Aelion Mayor Edelcup said in looking at the plans it looks very nice with one exception, he has not seen any landscape plan, and as he looked at the buildings it looked very stark and very institutional looking, is there a landscape plan to go along with this, and Mr. Cohen said that they took out trees on the plan so the Commission can see the buildings. He said the courtyard is planted with as much greenspace as they possibly could within the courtyard. He said there are trees all along the parking garage, trees at the corner, plant beds along Atlantic, they tried to balance because they didn't want plant beds where they could be trampled by the kids coming off from the bus. Mayor Edelcup said if there is a space that becomes available maybe we should look at it as the City has been promoting art in public places and it would be nice to have a sculpture of some sort there that the City will provide somehow but we will have to know if there is a possible site that we could have something 2 - Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida like that there. Mr. Cohen said the corner of the site where 182nd hits Atlantic, that may be an opportunity that we can talk about and coordinate. Commissioner Brezin asked what the size of the covered dining area is, and Mr. Cohen said 2,500 square feet. Commissioner Goodman asked if the building has an elevator, and Mr. Cohen said there are two elevators: one elevator in the garage designated just for the garage, and one elevator centrally located in the classroom wing. Vice Mayor Thaler asked ifthere was a dedicated area where the children will get from the school to the playground, and Mr. Cohen said the plan for 182nd Street is that as soon as the parent drop-off is finished in the morning, that street would be closed down with a physical barrier, and in effect the Park would become part of the school property so there would be no vehicular traffic going across 182nd during school hours. Commissioner Goodman asked what type of seating and how many people would be able to be in the cafeteria converted into the auditorium, and Mr. Cohen said the legal capacity for the cafeteria is about 375 persons, there is a 1,000 square foot full working stage. Commissioner Brezin asked if it was the same as the auditorium at the Bay Harbor School, and Mr. Cohen said yes and that it is also similar to the auditorium at the David Lawrence at FlU, and the benches are designed to seat students during the day and they fold up. Bob Welsh asked about the dining space that consists of an indoor area and an outdoor area, if there are 1,642 students, how many lunch periods are required; and, the drop-off area protection and overhang, can parents and buses pull up and kids are protected while they are waiting for the drop-off. Mr. Cohen said lunch will consist of three (3) periods including indoor and outdoor seating; and, they have the covered walkway on 182nd, from the corner of the garage all the way to the parent-drop entrance, about 2/3rds of 182nd Street is covered. He stated that the garage is going to overhang the sidewalk, and in front of the administration building there is a covered walk. He said on the bus side on Atlantic from the middle of the building all the way to the entrance is a covered walk on the sidewalk which extends out about eight (8) feet. He said as far as the parents and the proposed bus/parent drop-off, they have the proposed flow of traffic that they are working with the Traffic Engineers to make sure everything flows within the community and they are handling the traffic as efficient as possible getting to and from that school. He noted that the first level of the parking garage is a covered play area where they will segregate the older kids and the younger kids. He said the second area that is usable is the covered dining area, and within the courtyard, you need to get from one space to the other within the school under shelter, so the covered walkway is within the courtyard so you can come into the entrance of the building and get all the way to the end of the covered dining area without getting wet. Bob Welsh asked if there are circulators or fans to accommodate kids that are waiting in the covered areas, and Mr. Cohen said the covered dining area would have fans, in the PE area there are no fans, but it is open on two ends so it would allow for a breezeway and circulation through there. Isaac Aelion asked how many kids besides the 375 in the cafetorium can they accommodate with the extra space outside, and Mr. Cohen said 375 are accommodated inside and l25 to l50 outside, and the size of the cafetorium is the standard public school system requirements. He said the principal has some flexibility as to what he deems best. 3 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida Vice Mayor Thaler said when they were at the Bay Harbor School they almost froze in the auditorium and when they asked to turn down the air conditioner they told them that they could not turn down the air conditioner because it was controlled from downtown, are we going to have the same problem here, and Mr. Cohen said yes, it will be a centralized control, it is all brought back to one control point that can be monitored and controlled by the County, and if the air conditioner is balanced correctly there should be no problem. Mayor Edelcup thanked them for being here tonight and that they would like another update in a few months. 6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 17070 Collins Avenue Shopping Center Ltd., Owner of the Property Located at 17100 Collins Avenue #225, for the Following (Porter House Bar and Grill): (Hearing #Z2006-10) 1. The Applicant is requesting a variance from Section 265-45E(4) of the Land Development Regulations requiring that on non-residential parcels "no wall or fence shall be permitted within the required front yard setback." (Deferred from January l8, 2007) Protests 0 Waivers 0 Ex Parte--L Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City Attorney Ottinot asked to hear from the Applicant first. Public Speakers: Arnold Shevin, Esq. Arnold Shevin, Esq., representing the applicant, said that he has been before the Commission before to request an appeal of a Building Permit that was issued for a wall that was built at the Porter House Restaurant in the RK Shopping Center. He said they are back this evening to ask approval of a variance application to allow this wall in contradiction to the Code that is in place and in conjunction with the application they have proffered with staff after working diligently with staff for some easements that will benefit the City. He said these easements will include easements along all of their properties to allow the City to come to them and install between the first five and ten feet of their property, utility easements, pedestrian walkways easements, landscaping easements, widen the sidewalks, beautifY the City, and make it truly a nice pedestrian destination and a nice community for all the residents. He said they feel that in conjunction with their application, not withstanding that it is not permitted by Code and, we have discussed this extensively before that our consideration will help the City, be beneficial to the City, and in discussions with staff at the last minute today, we are willing to also proffer giving us some latitude on relocation of the bus shelters to come onto their property and take them off from the City sidewalks to make it a little more accessible to the pedestrians. Mr. Shevin said in conjunction with the presentation that was given tonight by the School 4 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida System, owning the property from 180th to 182nd on Collins Avenue they have had initial discussions with staff that because of the traffic flow that is going to be related to the new school, they understand that it is the intention of the City to come to them to ask for additional easements and widening of the street by Publix at 183rd Street. He said City Attorney Ottinot has come to them in conjunction with the school and asked them for an easement for BellSouth, it has already been negotiated and pretty much granted and ready to be executed. He said although it is permitted in the Code and a Permit was issued, however it was issued, they feel that for the concessions that they are proffering tonight they feel that the Commission's approval is justified for this application. City Attorney Ottinot said that we have a signed letter agreement that was submitted by Ranaan Katz and basically reflects the proffer that was made by Arnold Shevin tonight. He said that this letter agreement will be incorporated to any approval, if the Commission approves this request, to reflect the easements that Mr. Katz and RK Associates has given to the City. City Manager Szerlag said that he has reviewed the letter agreement and the initial concern he had about the inability to relocate bus shelters has been addressed. Commission Iglesias asked about trash receptacles in general streetscape elements, and City Manager Szerlag said it is his understanding that streetscape elements are precluded from this easement with the exception of now the bus shelters that are existing, can be moved back. Commissioner Iglesias said that he would like to see us allow in this easement, since the idea is to have a nice pedestrian corridor, you can move the bus shelters back and place a trash receptacle by the bus shelter. Mayor Edelcup said that he thinks they are also providing in the letter that it is in accordance with our City Streetscape Master Plan so it should cover all those items. Commissioner Iglesias said he would think so but wants to make sure that is okay, and Mr. Shevin said he has no problem with that. Commissioner Goodman said that the City would be landscaping the easement that they are giving us at some point in the future, so we will have a right to place receptacles there next to the bus shelters. Vice Mayor Thaler said he asked for and we have received written confirmation that the ADA has approved it, the entrances on both sides, it meets all their standards. Mayor Edelcup said that they have reached a good compromise to a problem and certainly Mr. Shevin, through his association with the City, we know that we have been able to work well with him and we expect to be able to work well in the future and generally what is good for the City is also good for RK, so as we move forward and come in with beautification plans they will be receptive. He thanked Mr. Shevin for working carefully with City staff and reaching this compromise position. Assistant City Manager Jorge Vera reported noting that the applicant has submitted an agreement that will mitigate the impact of this variance for the adjoining properties. Mr. Shevin said on behalf of the applicant, they incurred around $3,500.00 in costs for this public hearing for labels and advertising, and he asked for the Commission's consideration for picking up the costs for those labels. Mayor Edelcup said that he would like to amend the resolution to include the reimbursement of verifiable expenses if somebody submits the invoices, the City will go along with paying for them. City Attorney Ottinot clarified that the approval is for all the conditions, the amendment, and for the applicant's expenses pertaining 5 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida to this topic of approximately $3,500.00. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval as amended, subject to staff conditions. Resolution No. 07-Z-l08 was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-51,265-56, and 265-57 of the Sign Code; Establishing New Requirements for Window and Temporary Signs; Establishing New Requirements for Approval of Murals and Graphics for Temporary Construction Fence; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (Deferred from llll6/06) Action: [City Clerk's Note: Community Development Director Robert Solera distributed to the Commission photos of window signs from a previous workshop.] City Clerk Hines read the title and Community Development Director Robert Solera reported the changes made since the discussion at the January 18,2007 City Commission meeting, including definitions. He said they modeled this to the City of Coral Springs to allow for 15% of the total area. He said that they listened to the requests from owners of the different locations in reference to having specific guidelines if they want to have a temporary window sign for a special/sale, on page 4 of the ordinance (agenda package page 42), Section E, and that addresses 15% of the total area also for them to have a specific area to have their specials. Public Speakers: Isaac Feldman; Jose Augusto Pereira Nunes Mayor Edelcup asked how long the temporary sign can be up, and Mr. Solera said 14-days and it requires the City Manager or designee to sign off on it. Mr. Solera said that at the workshop, one of his comments was to get guidance from the Commission in terms of warnings and citations, it will be his proposition to the Commission to waive all fines issued originally to all those locations that were not in conformance with the old law, and start fresh from second reading. Commissioner Goodman asked how far back a sign inside the store needs to be from the window, and Mr. Solera said if it is beyond three (3) feet from the window, it will not be considered a window sign. Isaac Feldman said that he had previously asked that the TV or computer be separate from the general sign requirements, however if they combine it with the sign would the Commission consider 20% instead of the 15%. He also asked about directional signs if they are separate from the sign requirements, and Assistant City Manager/Services Vera said any directional signs are not part of the sign. 6 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida Mayor Edelcup said he personally feels that whatever we decide we should allow that to be a combination with a TV or Computer, what we are really trying to define is how much of a window are we going to allow to be closed in or blocked in by signage. Vice Mayor Thaler said if we take the computer or TV and add it to the sign and give them another 5%, let's take it to 20%, that would be more than enough, and that is accommodating what has been asked for. Commissioner Brezin said we want this for beautification purposes but has no objection to the additional 5%. Commissioner Iglesias said he agrees with Vice Mayor Thaler to add the TV to the sign and go to 20%. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the proposed ordinance on first reading, as amended to 20%, effective 90-days after adoption. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, March 15,2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 197, Entitled "Occupational License and Tax" by Renaming Said Chapter to "Local Business Tax" in Compliance with Florida State Law; Establishing a Schedule of Fees for New Business Categories; Providing for New Administrative Penalties; Providing for Repealer, Severability and an Effective Date. Action: City Clerk Hines read the title and Community Development Director Robert Solera reported noting that the fees remained the same, and that each section was defined more specifically. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, March 15,2007, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes Mayor Edelcup said a question came up as to how many businesses you can have in one location. Mr. Solera said it is not defined in our Code, however we have a memo from Jorge Vera who was our Zoning Administrator at one point, and we were trying to address this, and we put a stop as to the amount of businesses that one location can have. He said the reason is you have a business that subleases a location to a number of businesses, that affects the 7 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida overall parking spaces in the location where the business is taking place. He said all those businesses that had multiple businesses at locations were allowed and kept until they changed to any other subsequent business, and based on that memo, we are only allowing one type of business per location to prevent the multiple businesses in one location. Assistant City Manager/Services Vera said the type of business, an additional sub-business would be like a real estate broker and a mortgage broker, that is associated with that type of business, not to have a hair salon with a broker. Mr. Solera said not only related but also be part of the corporation, members of the corporation that are operating the other business which relates to this one, are the same members and part of the same corporation. Mayor Edelcup said then if someone has a location and he wants to bring somebody in, he is going to have to bring them in as a partner to fit under the one umbrella. 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Changing the 2007 Election Date from Tuesday, November 13, 2007, to Tuesday, November 6, 2007, Pursuant to a Request Made by the Miami-Dade Elections Department; Establishing December 4, 2007, as the Run-Off Election Date; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title and reported noting if the election is held on the same date as other municipalities, the estimated savings to the City is over $10,000.00. Public Speakers: none Vice Mayor Thaler asked if the early voting has been moved up, and City Clerk Hines said yes, it would be moved up as well coinciding with the other municipalities. Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, March 15,2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 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, Establishing Regulations for the Placement of Beach Chairs on Publicly-Owned or Controlled Beach Areas; Providing for Purpose and Intent; Providing for Definitions; Providing for Permitting Procedures; Prohibiting Obstruction to Emergency Response Path; 8 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida Providing for Protection of Marine Turtles and their Nesting Grounds; Providing for Enforcement; Providing for Penalties; Providing for Severability; Providing for Repealer; Providing for Codification; Providing for an Effective Date. (First Reading 1/18/07) Action: City Clerk Hines read the title and Community Development Director Solera reported. Assistant City Manager/Services Vera noted for the record that Code Enforcement and Licensing Acting Assistant Director Helena Forbes had invited all the other participants to tonight's meeting but only one is here. Public Speakers: Isaac Aelion Commissioner Brezin moved and Commissioner Goodman seconded a motion to adopt the ordinance. Ordinance No. 2007-276 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-5 of the Land Development Regulations Relating to the Use of Submerged Lands for Density and Intensity Purposes; and Providing for Inclusion of the Term Submerged Lands in the Definitions Set Forth in Section 265-5, Attached as Exhibit "A"; Providing for an Effective Date. Action: Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: Cliff Schulman, Esq.; Gloria Taft; Bud Scholl Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2006-42 was adopted by a voice vote of 5-0 in favor. 9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-5 of the Land Development Regulations Relating to the Use of Submerged Lands for Density and Intensity Purposes; and Providing for Inclusion of the Term Submerged Lands in the Definitions Set Forth in Section 265-5 of the Land Development Regulations; Providing for Repealer; Providing for Severability; Providing for Applicability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 1/l8/07) Action: City Clerk Hines read the title and City Attorney Ottinot reported and noted the need to clarify the definition in the Code relating to submerged land because a developer attorney 9 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida has incorrectly construed our Code to claim that his client can convert a 3.5 acre site to a 17- acre site by utilizing submerged land that is located outside of the platted lot of the property. He said the developer attorney construction of our Code is not only incorrect but his interpretation is inconsistent with our Comprehensive Plan. He said Jorge Vera who was the Zoning Administrator at the time when we amended the Code, is in agreement with him on this issue. Assistant City Manager/Services Vera stated that platted lands have to be consistent with the Comprehensive Plan. Mayor Edelcup said there is no area in the City with un-platted lands, and Mr. Vera said no there is not. Public Speakers: Clifford Schulman, Esq.; Gloria Taft; Bud Scholl Clifford Schulman, Esq., representing Publix, said he would like to incorporate his comments from first reading here. He said they disagree with the City's rewriting ofthe Code rather than clarifying the Code, and the word "platted" was never used in the past Commission discussions but is being added today. Mayor Edelcup said when this came up years ago, he thought he and Commissioner Iglesias handled this topic when they were trying to define submerged lands and what would be allowed for density and what wouldn't be allowed for density. He said they both agreed at the time when they were talking about lands that eroded that were originally platted, and any eroded land as a result became underwater, we would respect the fact of that piece of land being part and parcel of the above ground land, and would be counted as the entire parcel that had been platted. He said he thought we made it abundantly clear then, and what we are doing now is nothing more then putting that discussion that we had back then into a form of an ordinance today and we are not changing anything that we said years ago. He said also that our Comprehensive Plan when filed was filed with a zoning map that showed all the areas of the City and what density would be provided for in each of those areas. He said as a result you can take the Comprehensive Plan and add up all the units that possibly could be built in this City, based on all the platted land and all the zoning areas that are within the City, and no where on that map, as we look back into the Comprehensive Plan that was filed, can he find an area where the submerged land in Dumfoundling Bay, which he believes this is part of, was shown in any part or parcel where density could be calculated from. He stated that if we were to start to include that land we would be increasing density above and beyond what had been filed in our Comprehensive Plan. He noted that if we follow that thread we would be going all the way to the midpoint of Dumfoundling Bay or the Intracoastal Waterway creating a lot of density that was never intended when we put together our original Comprehensive Plan and when the development ordinance came from there. Commissioner Goodman asked if there was ever a case brought against the City that was set before a judge in reference to this before, and City Attorney Ottinot said there are a lot of zoning and land use cases filed by numerous attorneys against municipalities but this is a unique issue, you don't have a lot of case law with submerged land, this is the first time this has ever gone to court. He said any developer orders issued by this Commission must be consistent with the Comprehensive Plan, also your Land Development Regulations, your Zoning Code, must also be consistent, so even if we assume that Mr. Schulman's argument is correct, if your Comprehensive Plan says there is no density assigned to that water area, you cannot violate your Comprehensive Plan under State law. 10 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida Commissioner Iglesias said he doesn't want to reiterate what Mayor Edelcup said because all you have to do is introduce the cassette tape, he sponsored it at the time and he used his house and the Mayor's house as an example that if we had erosion they would lose a part of their land. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2007-277 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to Second Interlocal Agreement with Miami-Dade County for the Disbursement of Florida Power & Light (FPL) Franchise Fees, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Addendum to Second Interlocal Agreement and to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported that all the new municipalities that were adversely affected by a unilateral decision of County employees to modify the FPL payment methodology have signed the Interlocal Agreement Addendum which does increase our revenues from FPL. He said the primary concern that he has is that we are able now to replicate the methodology that is identified in this Addendum, and he has charged Assistant City Manager/Finance Douglas Haag with that task. Public Speakers: none Mayor Edelcup said that this has been an on-going process for five (5) years when it was brought to his attention that the County had unilaterally changed the method in which they calculate franchise fee payments to the City and had never entered into an agreement with the City, they just arbitrarily changed the formula. He said that formula resulted in the City being short-changed hundreds of thousands of dollars per year, and five of the cities that were similarly affected went to the County and demanded that something be done to correct the issue. He said this is the fruition of five years of battling with the County, we got 2/3rds of what probably was entitled to us but in order to get this resolved, we've agreed and all the other cities are entering into a similar resolution such as this one to accept this new formula. He said like the City Manager, he is cautioning Mr. Haag to check the formula each year to make sure that we collect what is due to us, and not have this kind of episode occur again. Vice Mayor Thaler said in viewing this document, ifMr. Haag would notify the County that we are Sunny Isles Beach, not Sunny Isles. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1046 was adopted by a voice vote of5-0 in favor. 11 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Judge Robert Newman (Retired), Darcee Siegel, Maurice Donsky, and Appointing Sonja K. Dickens as Special Masters, for a Period of One Year, in Accordance with City Code Section l4-3; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Mayor Edelcup said that he has been assured by our City Attorney that each of these appointees recommended here tonight have been instructed that they need to spend the full time where they are assigned these cases so that we can move our cases along expeditiously, and wanted to go on record to make sure that they have all been instructed on the date that they are assigned, they stay until the end of the hearing. City Attorney Ottinot said that they have all been notified and he has spoken to the Special Masters to ensure that the time allotted will work with Community Development Director Solera and make sure the docket is consistent with the time that they are required to be here. Mayor Edelcup said it is unfair to the City and to the people that are called for a specific hearing that day to be turned into a deferral because the person administering the judicial proceeding has something else today. Mr. Solera said that the City Clerk will send a notice to the Special Masters to allot a period of about four hours from 10:00 a.m. to 1 :00 p.m. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1047 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Providing for the City to Partner with the North Miami Beach Little League Baseball Program by Donating $2,500.00 to Their Operating Fund; Providing for 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 Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1048 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Bell David Planning Group, Inc. (BDPG), to Develop and Adopt EAR-Based Growth Management Amendments Necessary to Comply with Senate Bill 360 (2005) and Chapter 163 of the Florida Statutes, in an Amount Not to Exceed $27,500.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported and introduced Jerry Hamilton Bell and Bell David who are the principals of the Bell David Planning Group. 12 Summary Minutes: Regular City Commission Meeting February 15, 2007 City of Sunny Isles Beach, Florida He said the Bell David Planning Group followed our scope of work and are very well qualified. He said one of the things that the Commission is going to notice from now on is that when we have larger scale projects, part of our criteria, in addition to qualifications, is also going to be the economic benefit to the City, in other words, what is the low qualified bidder for our work. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1049 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a City-Wide Grievance Procedure and Grievance Form in Compliance with the Americans with Disabilities Act (ADA); Authorizing the City Manager to Create a Visible Link on the City's Website Labeled "ADA Public Notice" and Provide All Other Necessary Accommodations to Make the ADA Grievance Procedure and Form Available to the Public in Printable Format; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1050 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Donation of Surplus Computers and Computer Monitors to The Education Fund, a Non-Profit Organization; 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 Information Technology Director Derrick Arias reported noting that this organization works with the Miami-Dade County Public Schools. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1051 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, QualifYing and Ranking O'Leary Richards Design Associates, Inc. ("O'Leary Richards"), EDA W, Inc., and Calvin, Giordano and Associates, Inc. to Perform Landscape Architectural Services; Authorizing the City Manager or hislher Designee to Enter into Three (3) Continuing Consultant Agreements with Said Landscaping Architectural Firms, in an Aggregate Amount Not to Exceed $250,000.00 for Fiscal Year 200612007, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further 13 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida 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/Finance Haag reported noting that this is a blanket resolution such as we did last month for engineering services. Public Speakers: none Vice Mayor Thaler said he understands the principle of doing this but within the last year we actually have given all the work to one of the three, and he would like it to be understood that in the future that the Commission will see different architectural planting sketches rather then just from one so that we can expand the view of Sunny Isles Beach, he wants the City to give all three firms a chance during the year. City Manager Szerlag said for the larger projects we are going out to bid, but for the smaller projects we will do this on a rotation basis, in fact he asked Mr. Haag to get quotations from the landscaping firms to see a plan view as well as specifications which would include photographs of what is being proposed, starting off with the median between Government Center and Tony Roma's. He said he is confident that that will come in over $lO,OOO.OO and would like to make that an agenda item to see if the Commission wants to take three looks at one median. Mayor Edelcup said it is a good suggestion but we need to be careful not to micro-manage landscaping, if we are all in agreement with the planting for this last quarter it should not be necessary to come back and have to re-examine and look for new ideas if we are satisfied with what we have now. He said as we move forward and we like certain ones to put that to bed so that we are not revisiting issues again and again for minor type of changes. City Manager Szerlag said a primary concern he has is more on the installation and maintenance side then on the plan view side because a plan view is like a piece of art and every individual that looks at it might have a different perspective on what should be in place, but when it comes time for the actual implementation, that is when you want to have a really good installer and a really good maintenance plan and irrigation system. Commissioner Goodman said when the landscape people come here and show us flowers, trees and shrubbery it is difficult to see where and how they are going to put them in, for instance on l74th Street, the flowers they put in previously was terrible, and when he started to complain fortunately the season was over and the next time they put in beautiful flowers. Mayor Ede1cup said that we would like to see is that median superimposed with how it would look after a couple of weeks after it is planted as opposed to young plants being put in there. Commissioner Brezin said she would like to see renderings before the plantings are put in. City Manager Szerlag said for a point of clarification, he had asked Mr. Haag to prepare this agenda item because it really is a ministerial issue for having a blanket resolution, and the people in charge will be Assistant City Manager Vera and our new Public Works Director. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1052 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes: Regular City Commission Meeting February 15, 2007 City of Sunny Isles Beach, Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Uniform Sign Plan Submitted by R.K. Sunny Isles Boulevard Center, for the Shopping Plaza Located at 151 Sunny Isles Beach Boulevard, Suites 151 through 185, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager/Services Vera reported noting that as of tomorrow the deadline will pass and we still have two more out there, so those property owners will be cited accordingly for not submitted those plans. Public Speakers: none Mayor Edelcup asked if any of those property owners have contacted us, and Mr. Vera said we have been in contact with them. Community Development Director Solera said we have sent letters, we have spoken to them and they know when the deadline is, and a warning has already been issued. Mayor Edelcup said they have had plenty of time and extensions, and plenty of notice has been given, and suggested that Mr. Solera use the full force and power of his agency to bring them into compliance. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1053 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 an Interlocal Agreement between the Municipal Undergrounding Utilities Consortium (MUUC), and the City of Sunny Isles Beach, in the Amount of$5,338.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager/Finance Haag reported that there is a dispute with the Public Service Commission in regards to how they determine credits to provide to municipalities that are undergrounding their utilities. He said we are actually in agreement with FPL but not necessarily with the Public Service Commission. He said there are approximately 30-40 municipalities that have joined forces in this Consortium to pursue the study and representation before the Public Service Commission to push for much higher credits for undergrounding utilities, with a potential savings to the City of$3.5 Million. Mayor Edelcup asked if this was something that the utility and the Cities are on the same side and it is just convincing the Public Service Commission, and Mr. Haag said there are a number of issues, and on the key issues the Consortium is in agreement with FPL, and now it is a matter of convincing the Public Service Commission to agree. He said the reason for the contribution of funds is to fund the study to support the position of the Consortium in this respect. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1054 was adopted by a voice vote of 5-0 in favor. 15 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin, Giordano & Associates, Inc. to Provide Engineering Services for the Design of Sanitary Sewer Collection System, Drainage Improvements, Resurfacing and Streetlighting for the Atlantic Avenue Special Assessment District, in an Amount Not to Exceed $242,402.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Attorney Ottinot noted that Mayor Ede1cup and Commissioner Iglesias abstained, and Mayor Edelcup passed the gavel to Vice Mayor Thaler. Clerk Hines read the title and City Manager Szerlag reported noting that he and staff interviewed with five (5) firms and recommends Calvin, Giordano and Associates, as they were the most qualified [RFQ 06-12-02], and has the lowest fee quotation that was submitted. He said this is a prelude to the public hearing that we want to have in June for the proposed Special Assessment Project. He said we are required to have precise plans and specifications in place so that we have a very accurate assessment of what will be proportioned to the property owners and the City at large for this project. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1055 was adopted by a voice vote of3-0-2 (Mayor Edelcup and Commissioner Iglesias abstained) in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Office Furniture from Herman Miller Corporate Design Choice Inc. for the Pelican Park Community Center, Under State of Florida Government Contract No. AH7375, in an Amount of$ 76,570.88 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 that we are piggybacking offfrom a State contract in order to take advantage of discounts on the furniture which averages around 55%. He said the expected delivery of this furniture is July 2007. Public Speakers: none Commissioner Goodman asked for pictures of the furniture and Mr. Vera handed out a rendering. Commissioner Brezin asked ifthere is a way to ensure the delivery date, and Mr. Vera said they told him June or July 2007. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1056 was adopted by a voice vote of 5-0 in favor. 16 Summary Minutes: Regular City Commission Meeting February 15, 2007 City of Sunny Isles Beach, Florida 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Fred L. Singer/Coronado Productions to Produce a Marketing Video Promoting the City of Sunny Isles Beach as a Destination, in the Amount of $24,500.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Administrative Services Director Alyce Hanson reported. Public Speakers: none Mayor Edelcup said to ensure when working on the video to bring in Ibis Romero of the Sunny Isles Beach Resort Association, and Ms. Hanson said that they are working with her on this. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1057 was adopted by a voice vote of 5-0 in favor. 10M A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with E=MC2 for the Purchase and Installation of Emergency Transfer Switches and Related Equipment for Certain Traffic Signals, in the Total Amount of $57,l74.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; 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 Public Works Director Watts reported noting that when Miami-Dade County offered this they came out and installed two switches at 1 74th Street and 167th Street just to show us how it works. Public Speakers: none Mayor Edelcup asked if there would be one at the Gwen Margolis Park and Mr. Watts said no, there are no lights there. He said these switches will be installed by the end of April or the first of May, before hurricane season starts. Mayor Edelcup asked if this will include every light that is currently on Collins A venue and Sunny Isles Boulevard, and Mr. Watts said yes, we have l6 traffic lights in the City. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1058 was adopted by a voice vote of 5-0 in favor. 17 Summary Minutes: Regular City Commission Meeting February 15,2007 11. MOTIONS City of Sunny Isles Beach, Florida 11A. Call for a Motion to confirm appointments to the Mayor's Advisory Council (MAC) effective through December 3l, 2007. Action: Mayor Edelcup reported confirming the following appointments: 1. Community Activities & Health Committee Inna Kartunova Vice Chairperson Moises Malowany Member Jay Reinhard Member 2. Traffic & Safety Committee Anh Kaul Natasha Reinhard Lieb Kamishev Vice Chairperson Member Member Norman S. Edelcup Roslyn Brezin (Liaison) Danny Iglesias Norman S. Edelcup Gerry Goodman (Liaison) Danny Iglesias 3. Long Range Planning & Intergovernmental Committee Gloria Taft Vice Chairperson Norman S. Edelcup James Roberts Member Norman S. Edelcup (Liaison) Erica Michalsky Member Roslyn Brezin 4. Tourism & Development Committee Claire Lipson Vice Chairperson Sergio Diment Member Donna Deitch Member 5. Education/Schools Committee Janet Cini Marianna Talalaevsky Cynthia Lasky Vice Chairperson Member Member Norman S. Edelcup Danny Iglesias (Liaison) Lewis J. Thaler Norman S. Edelcup Lewis J. Thaler (Liaison) Roslyn Brezin Mayor Edelcup said this brings the number of members from five to seven on each Committee, and they will serve until December 31, 2007, and thereafter every January we will have appointments. He introduced some members from the audience and noted that if people are interested in serving on committees to fill out an application in the City Clerk's Office, and he urged residents to participate in these committees. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to accept the appointments. The motion was approved by a voice vote of 5-0 in favor. 12. DISCUSSION ITEMS l2A. Discussion regarding Notice to Condo Owners Advising of Windows/Balcony Railing Replacement. Action: [City Clerk's Note: A Status Report/Table on buildings with broken glass and balcony railings was distributed prior to the meeting.} City Manager Szerlag said he asked Assistant City Manager/Services Jorge Vera and Building Official Clay Parker to take a pro- active approach in terms of replacing the windows and balcony railings that are still out due 18 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida to the 2005 hurricane season and to provide a timeline for replacement thereof before this upcommg season. Building Official! Administrator Clayton L. Parker reported that a letter was sent out requiring that they submit their applications for all broken glass repairs by February 9, 2007, and noted that all the applications are in. He said it mandated them to complete the job by April 30, 2007 for broken windows and doors, and May 31, 2007 for balcony railings. Mr. Parker pointed out on the Table he distributed prior to the meeting that all the Oceania's have their broken windows and doors repaired under permit but they still have the balcony railings to be repaired. He said he met with the new officers and management of The Pinnacle last week, and their biggest issue was they had an application in from one company under the previous Board and they came in with another application from another company with the current Board, both permits have been issued and the first application has been rescinded. He reported that 27 sliding glass doors have been repaired, three (3) remaining glass doors are waiting for owners to return to complete repair, they still have 40 fixed glass panels that are not repaired yet but they are in the progress of getting those repaired and are expected to be completed by mid-April 2007. He said they have issued permits to Oceania I, II, and III for them to put in their plywood that is on the balcony now to install it to meet with our current code for safeguards, (company is Diversified) and their goal is to make it their priority to do the broken railings first because they are probably going to replace all the railings, and if they do that, it is going to be a long process. Mayor Edelcup said that this is a two-fold purpose: one is the health safety issue that these broken windows and glass doors and balcony railings need to be repaired before the next hurricane season because they can become weapons during a hurricane; and the other is an aesthetic view, that we are trying to create a City that has a pleasing view to the people who live here as well as the people visiting here. He said it has been a long time since Hurricane Wilma, and these windows were boarded up, and we have been very patient as a City waiting to see these buildings repaired and we just need to keep the pressure on. Vice Mayor Thaler said that they will have to sit on Diversified and not walk away from it. Commissioner Brezin asked if Diversified has addressed all of the plywood that is currently up in the lOO building of Arlen House, as some had the doors completely blown out and Diversified put up the plywood and there is no door behind there. Mr. Parker said what Diversified did in the Arlen House lOO Building is they went in and they put additional framing behind the enclosures that are up there right now on the plywood. Commissioner Brezin said in case of a storm they are hurricane proof, and Mr. Parker said yes. He said that is a different situation, Arlen House lOO is more then just broken glass issues, it is structural reconstruction and in many cases, they have had to entirely rebuild the balconies themselves back into the units, so it has taken some time. Public Speakers: Isaac Aelion Assistant City Manager/Services Vera said on a good note that the Varadero next to the Acqualina has been demolished. Vice Mayor Thaler said the front is down but the back is not down yet, the middle piece is still up when he walked by today. 19 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida Commissioner Goodman said being we're coming down to the end, he is reading where there are going to be fines of$1 00.00, $250.00, and $500.00 a day, and he is a little concerned. He said there has been a lot of people in a lot of areas that are having trouble getting contractors to come in the past year, like in his building, it took almost a year trying to get a contractor to come in and fix the railings. He is concerned in reference to this kind of thing happening to a condominium and he presumes they would have to have some real good excuses, to come to the City and work something out. City Manager Szerlag said he has spoken to Mr. Vera and Mr. Parker and indicated that we are not going to use any draconian methods of automatic payment but there does have to be a valid reason for delaying our scheduled dates to achieve safe windows and balcony railings. Mayor Edelcup said shopping for a price is not a valid reason. Mr. Parker said in his letter he did not indicate $500.00 a day, it is $250.00. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Goodman moved and Commissioner Iglesias seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 10:04 p.m. Respectfully submitted by: Approved by the City Commission on March 15,2007 ~A.~ )ane A. Hines, CMC, City Clerk 20 / FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS 5. LAST NAM -FIRST NAME-A1IDDlE N.,.A,.,E . I C:l C-Jr /VcA<.ln;1--N MAILING ADDRESS J ,. .__ 2 ilL." I.S.L~ COUNTY /3 r-:}f-C- il I t/frll- f) If/)C CITY ( ..J /I /IJ,1.I DATE ON WHICH V NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE . J _<)V/.)N ' / ~ i ;S.~5 eJ1Cfl /iJ/TfI?1/.5S 'eI..v THE BOARD, OUNCll, COMMISSION, AUTHORITY OR COMMITTEE ON VllHICH I SERVE IS A UNIT OF: ITY IJ COUNTY NAME OF POLITICAL SUBDIVISION: _") . J tV .s L.&-J MY POSITION IS: IJ OTHER lOCAL AGENCY IJ 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 ..-- - <E~" !.3143, FLORIDA STATUTES A person holding elective or ap,: fi\~ ( _.~\. ~ (' -"'~- UST ABSTAIN from voting on a measure which inures to his or her special privatt ("") ~ ~ vw-- so is prohibited from knowingly voting on a mea- sure which inures to the special 9 ~~ ~ cy) by whom he or she is retained (including the parent organization or subsidiary I vr- 0 the special private gain or loss of a relative; or to the special private gain or loss j't:" -1 ~edevelopment agencies under Sec. 163.356 or 163.3~7, F.S., and officers of indel ~ (ii) ~~.lS I I vote basis are not prohibited from voting in that capacity. \ \)) ~ ). ~ For purposes of this law, a "relativ( ~ ~. ~~ J ~ mother-in-law, son-in-law, and dau\ r.. _ _. _" ....^:::A . enterprise with the officer as a partl ~ <:_. !? u'. 0 (JJ))V.>>'I-~ ace oot I;sted 00 aoy oatiooal oc ce9; ~l ~ r ~ 1 ELECTED OFFICERS: ~sJ. er, husband, wife, brother, sister, father-in-law, or entity engaged in or carrying on a business ueholder (where the shares of the corporation In addition to abstaining from voting il :onflict: PRIOR TO THE VOTE BEING 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. -J I"'uVllv'Y stating to the assembly the nature of your interest in the measure on which you * 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. . / DISCLOSURE OF LOCAL OFFICER'S INTEREST I, IfjJfmjffti -"), J::;.1Ja ~vf' , hereby disclose that on r;::l)l(v/f!e V 15 / ,20~: (~) A3Jeasure came or will come before my agency which (check one) ~ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which e---- ~"/~)~ ')--- () {,I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.31 ,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 Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin, Giordano & Associates, Inc. to Provide Engineering Services for the Design of Sanitary Sewer Collection System, Drainage Improvements, Resurfacing and Streetlighting for the Atlantic Avenue Special Assessment District, in an Amount Not to Exceed $242,402.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Attorney Ottinot noted that Mayor Edelcup and Commissioner Iglesias abstained, and Mayor Edelcup passed the gavel to Vice Mayor Thaler. Clerk Hines read the title and City Manager Szerlag reported noting that he and staff interviewed with five (5) firms and recommends Calvin, Giordano and Associates, as they were the most qualified [RFQ 06-l2-02], and has the lowest fee quotation that was submitted. He said this is a prelude to the public hearing that we want to have in June for the proposed Special Assessment Project. He said we are required to have precise plans and specifications in place so that we have a very accurate assessment of what will be proportioned to the property owners and the City at large for this project. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to ~approve the resolution. Resolution No. 2007-1055 was adopted by a voice vote of3-0-2 (Mayor: ~delcup and Commissioner Iglesias abstained))n favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Office Furniture from Herman Miller Corporate Design Choice Inc. for the Pelican Park Community Center, Under State of Florida Government Contract No. AH7375, in an Amount of$ 76,570.88 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 that we are piggybacking offfrom a State contract in order to take advantage of discounts on the furniture which averages around 55%. He said the expected delivery of this furniture is July 2007. Public Speakers: none Commissioner Goodman asked for pictures of the furniture and Mr. Vera handed out a rendering. Commissioner Brezin asked ifthere is a way to ensure the delivery date, and Mr. Vera said they told him June or July 2007. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1056 was adopted by a voice vote of 5-0 in favor. 16 I I / FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS 303 NAME OF BOARD, COUNGlL, ~OMMISSION, AUTHORITY, OR COMMITTEE C THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON VVHICH I SERVE IS A UNIT OF: 05..,,, '''1 ;t;sh.s t3".~ d'C'I"TY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: StJ MY POSITION IS: o APPOINTIVE CITY 51".. DATE ON WHICH VOTE OCCURRED 07 WHO MUST FILE FORM 88 . . 0>~ . r O~ ~. ~ ~ r::~. 1S,ziit?l ~ ~ j\i:~Iwt,~ ~-~tr This form is for use by any person serving at the county, city, or other local level of governn commission, authority, or committee. It applies equally to members of advisory and non-ad 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 ~ on whether you hold an elective or appointive position. For this reason, please pay close a completing the reverse side and filing the form. INSTRUCTlONS FOR COMPLIANCE WITH SECTION 112.31 A person holding elective or appointive county, municipal, or other local pUblic office MUSl inures to his or her special private gain or loss, Each elected or appointed local officer also i~ sure which inures to the special gain or loss of a principal (other than a government agency) oy wnom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - 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, DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ U ~'f? l rr IV!? r !fJ+ ' hereby disclose that on d.. - / ') (a) A measure came or will come before my agency which (check one) ,20~: inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which WDr K.... 70 6p J;o~ /~ If 11141/, ~ :t.skJ ruh lOt, , -I-/frv IJ- Irope,. it OW fie Jt... . <3/2,/0 7 /)~~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. PAGE 2 CE FORM 88 - EFF. 1/2000 - . Summary Minutes: Regular City Commission Meeting February 15,2007 City of Sunny Isles Beach, Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin, Giordano & Associates, Inc. to Provide Engineering Services for the Design of Sanitary Sewer Collection System, Drainage Improvements, Resurfacing and Streetlighting for the Atlantic Avenue Special Assessment District, in an Amount Not to Exceed $242,402.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Attorney Ottinot noted that Mayor Edelcup and Commissioner Iglesias abstained, and Mayor Edelcup passed the gavel to Vice Mayor Thaler. Clerk Hines read the title and City Manager Szerlag reported noting that he and staff interviewed with five (5) firms and recommends Calvin, Giordano and Associates, as they were the most qualified [RFQ 06-12-02], and has the lowest fee quotation that was submitted. He said this is a prelude to the public hearing that we want to have in June for the proposed Special Assessment Project. He said we are required to have precise plans and specifications in place so that we have a very accurate assessment of what will be proportioned to the property owners and the City at large for this project. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1055 was adopted by a voice vote of 3-0-2 (Mayor Edelcup and Commissioner Iglesias abstained) in favor. 10K. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Purchase of Office Furniture from Herman Miller Corporate Design Choice Inc. for the Pelican Park Community Center, Under State of Florida Government Contract No. AH7375, in an Amount of$ 76,570.88 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 that we are piggybacking off from a State contract in order to take advantage of discounts on the furniture which averages around 55%. He said the expected delivery ofthis furniture is July 2007. Public Speakers: none Commissioner Goodman asked for pictures of the furniture and Mr. Vera handed out a rendering. Commissioner Brezin asked if there is a way to ensure the delivery date, and Mr. Vera said they told him June or July 2007. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1056 was adopted by a voice vote of 5-0 in favor. 16