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HomeMy WebLinkAbout2008 1118 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Tuesday, November 18, 2008, 6:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Ede1cup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager/Services Jorge Vera Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Dee Dugan led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Ede1cup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - October 16,2008. Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Hear Item lOA (Election Results) before Item 7 A; Additional Information for Items 1 OF, 10H and 101. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENT A TIONS SA. Certificate of Acknowledgement to be Presented to 12- Year Old Sunny Isles Beach Resident Victor Gurevich, a Tennis Player Who is Ranked ih in the State of Florida and 22nd Nationally in his Division. Action: Mayor Edelcup presented a Certificate of Acknowledgement to Victor Gurevich. Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida 5B. Presentation of the City of Sunny Isles Beach Historic Film. Action: Mayor Edelcup thanked City Historian Richard C. Schulman and Seth Bramson who were very instrumental in putting this film together, entitled "From Sandbar to Sophistication, the Story of the City of Sunny Isles Beach". Mayor Edelcup noted that this film will be seen on Channel 77 beginning November 19, 2008. Public Speakers: Seth Bramson; Cassey Gabor 5C. Presentation of a Miami-Dade County Proclamation and Certificate of Appreciation by Miami-Dade County Commissioner Sally A. Heyman and the Miami-Dade Fire Rescue Department to Sunny Isles Beach Resident Gary Guido for his Participation in Saving the Life of a 2- Year Old Child from Drowning at the Trump Palace in August 2008. Action: County Commissioner Sally Heyman presented a Commendation and ChiefW 00 of Miami-Dade Fire Rescue presented a Certificate of Appreciation to resident Gary Guido. 5D. Presentation/Discussion by Miami-Dade County Commissioner Sally A. Heyman on the Status of the Construction of the Sunny Isles Beach Fire Station. Action: County Commissioner Sally Heyman reported the mitigation problem has been resolved as the County will relocate the Mangrove trees to another area in close proximity to adhere to State law. They are now ready to go forward with this project. She thanked Commissioner Goodman, City Manager Szerlag, and St. Mary Magdalen Church who has allowed the Department to relocate to continue providing both fire and rescue services. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of R.K. and Associates, Owner of the Property Located at 16830 Collins Avenue, for the Following: (Hearing #Z2008-07) The Applicant is seeking site plan approval for the construction of a new commercial/retail building. The Applicant intends to demolish the existing building and construct a new one- story building with a total of 6,000 square feet. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for the construction of a new commercial retail building within the Town Center District. Protests 0 Waivers 0 Ex Parte 0 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. Community Development Director Robert Solera reported. Public Speakers: Arnold Shevlin; Raanan Katz Arnold Shevlin, representing the Applicant, reported and presented a rendering of the building. City Manager Szerlag clarified that one of our objectives is to have a promenade on the west side of Collins A venue whereby the contiguous property owners to Collins Avenue gives us a 10-foot easement and as a result we plant Medjool Palms, install brick pavers and pedestrian lighting, and this Development has already given us a 10- foot easement. He recommended that instead of having Royal Palms, that the City purchase Medjool Palms for this project terminus, and than take a look at the balance of the shopping center. 2 Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida Commissioner Scholl asked ifthe landscaping in front is already incorporating our new plan, and Assistant City Manager Vera said no as when they submitted their plan we had not finished our design, but we will incorporate it. Vice Mayor Thaler asked about the colors of the building as it is required that we have the colors on record. Mr. Shevlin said the color of all the shopping centers are very similar, the rendering is the initial color to match the rest of the shopping center. If they sign with a national tenant that requires a certain color scheme that would be different than the Benjamin Moore colors, they would come back to staff and ask for administrative approval. City Manager Szerlag said that we will identify the colors and come back to the Commission at a later time for the purchase of trees. Mr. Shevlin said there are several other national tenants, basically banks, asking for a 4,000 square foot building with a double drive-through. He asked for approval of the 6,000 foot building as a matter of right, and to give staff approval for them to downsize to 4,000 square feet. Mayor Edelcup said anytime there is a change in the outer dimensions of the building it comes back before the Commission whether it is larger or smaller. City Attorney Ottinot said if there is a major modification to the plan you will have to submit a new site plan. He clarified that this approval is with the condition that the Applicant submit the colored pallet. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions, and to the additional conditions as outlined. Resolution No. 08-Z-114 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 6B. Request of Jerry's Famous Deli, Owner of the Property Located at 17190 Collins Avenue, for the Following: (Hearing #Z2008-08) The Applicant is requesting conditional use approval to sell beer, wine and spirits within a grocery market. The Applicant is also requesting that it be permitted to sell spirits for off- premise consumption under the grocery store exception relating to the distance requirements for alcoholic beverage establishments. 1. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting conditional use approval and permission to sell beer, wine, and spirits under the grocery store exception under Section 98-5(D) of the City Code. Protests 0 Waivers o Ex Parte o 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. Community Development Director Robert Solera reported. Public Speakers: Jason Starkman; Richard Steinig Jason Starkman, the Applicant, reported noting that the sale of liquor is a convenience to his 3 Summary Minutes: Regular City Commission Meeting November 18, 2008 City of Sunny Isles Beach, Florida customers. Richard Steinig, owner of Sunny Isles Liquor and Fine Wines, said Epicure isjust now applying for conditional use and yet they are already selling package liquor, when he applied it took five (5) months. City Attorney Ottinot said that Epicure had existing approval from Miami-Dade County issued over 25 years ago for restaurant use, package store use, and nightclub, and the Applicant had an understanding the approval did not expire. Staffindicated to them under our new Zoning Code, their approval expired because if it is not used, it automatically expires, the Applicant then worked with staffto be in compliance. City Attorney Ottinot noted for the record that he also worked with Mr. Steinig to create an exception in the Code to operate in the shopping center. Mr. Solera said under Section 98 of the Liquor License for the City of Sunny Isles Beach, there is an exemption that allows a grocery store to sell beer and wine, but the request is to extend that exemption and allow them to also sell spirits as part of the exemption of the distance requirement of 750 feet. City Attorney Ottinot said when staff recommended the liquor distance requirement, the purpose was to protect public welfare to eliminate any negative impact any liquor establishments would have. Vice Mayor Thaler said it was also created to protect the schools of which was one of the major reasons for the distance. Commissioner Scholl said we need to be careful moving our ordinances to accommodate a user as we have special requirements for package stores. City Attorney Ottinot said the purpose of adopting this Code was to make sure that we would not have a stand-alone package store or near a school. It was to create a buffer, as when there are too many stores it creates a negative impact on the community. We didn't look at Epicure as a traditional package store, it is a high grade restaurant and grocery market. The No. lO requirement was basically to assist Mr. Steinig' s package store, the precedent, we created exception to allow a business to exist if we find that business is not a detriment to the surrounding environment. City Attorney Ottinot said there are two issues: 1) a State Liquor License which we don't regulate; and, 2) a Land Use issue which is what is before us tonight, the use is prohibited at that location and that is the only issue we are dealing with. The Rascal House had zoning approval from the County that allowed them to operate a restaurant, a nightclub, and a package store, the Applicant had an understanding they could operate the existing establishment under those approvals. With respect to restaurant use, he did not have to come before the Commission because that use never ceased, but the liquor order of package store use was not continued and so they are now before the Commission to revive that liquor use. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions. Resolution No. 08-Z-115 was adopted by a roll call vote of3- 2 (Commissioner Goodman and Commissioner Scholl against) in favor. V ote: Commissioner Brezin yes Commissioner Goodman no Commissioner Scholl no Vice Mayor Thaler yes Mayor Edelcup yes [City Clerk's Note: The Commission took a 5-minute recess.] 4 Summary Minutes: Regular City Commission Meeting November 18, 2008 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 26 of the City Code to Accept those Charter Provisions Set Forth in Said Chapter and Only those Approved by a Majority of the Voters on November 4,2008 According to Official Results to Amend the City Charter by Amending Section 2.3 (b) "Residential Areas" to Permit the Redrawing of Residential Voting Areas Boundaries by Ordinance Based on Population Growth; Amending Section 2.3(b) to Convert the At-Large Seat on the City Commission to a Residential Voting Area Seat; Amending Section 5 .1 (c) to Change the Dates of General and Run-Off Elections of the City and for the Related Extension of the Term of Office and the Allowed Length of Service; Amending the Qualifying Period no Earlier than 9:00 a.m. on the 63rd Day and no Later than 4:00 p.m. on the 60th Day Prior to the Date of the General Election for the Office of Mayor or City Commissioner; Providing for Permission to Make Technical and Stylistic Amendments; Providing for Repealer; Providing for Severability; Directing the City Clerk to Amend the City Charter in Accordance with the Election Results and this Ordinance; Providing for Inclusion into the City Charter and Code; Providing for an Effective Date. Action: [City Clerk's Note: Item lOA accepting results of the Special Election was heard before this item, see action under Item 4A.] City Clerk Hines read the title, and reported noting that the County had requested to move the qualifying period back one week. This Ordinance is effective 10 days after adoption on second reading, with the exception of Section 2.3(b) which shall apply only to candidates for the City's General Election beginning in 2010. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler 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, December 18,2008, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 7B. Public Hearing An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-5 of the Land Development Regulations Relating to Definitions; Amending Section 265-37 of the Land Development Regulations Relating to Adult Entertainment Regulations in the Town Center District (TCD) and the Amortization of Nonconforming Adult Entertainment Uses Located Therein; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this Ordinance is to ensure compliance within the law, not to eliminate adult entertainment use or to encourage adult use in the City. When we adopted our Land Development Regulations, we, by default, made Thee Doll House a nonconforming use in the Town Center, and we have to 5 Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida correct that. The City can adopt regulations for adult use to mitigate potential secondary impact of adult use which includes an increase in crime, drug use, and lowering property values. The City can require an existing adult use establishment to relocate under Federal law, and courts have allowed an amortization period of 3 or 5 years, and we have given 5 years. Commissioner Scholl asked City Attorney Ottinot if 5 years is liberal or conservative, and he said based on the law, 5 years is liberal, 3 years was upheld in court. Community Development Director Robert Solera reported that staff reviewed secondary effects, and concluded that limiting adult entertainment use to properties abutting Collins Avenue from 163rd to 172nd Streets in the Town Center is the appropriate location in the City. Public Speakers: Norman C. Powell, Esq.; Daniel Aaronson, Esq.; James Benjamin, Esq. Attorneys Norman Powell, Daniel Aaronson, and James Benjamin representing Thee Doll House, stated that they are against this Ordinance as this is an existing Conditional Use and the City is trying to take away a vested right to use property that has been properly zoned pre- dating the City's incorporation. Thee Doll House still has 12 years on their lease, and if this passes they will have to move within five (5) years. They will not sit by while the City closes their client down, they will litigate with the City but they will work with the City. City Attorney Ottinot stated that he has researched the adult use issue for a number of years, and he is very comfortable with this ordinance. Mayor Edelcup said based on the City Attorney's research we have the authority to change the location of an existing adult entertainment establishment. City Attorney Ottinot said yes and based on staff review we need to make our Code compliant with the law to ensure that there is a proper area for adult use to exist in the City. Mayor Edelcup said when we did our Town Center Ordinance we did not list an adult entertainment establishment as a normal use. City Attorney Ottinot said that we granted a Non-Conforming Use to Thee Doll House by default when we adopted the Town Center Code. It became a non-conforming use because we made a prohibited use. Mayor Edelcup said that the attorneys still have an opportunity between first and second readings to get their points across, and bring the parties together by setting a timeframe by moving on first reading now. Commissioner Brezin moved and Vice Mayor Thaler 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, December 18, 2008, at 6:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 6 Summary Minutes: Regular City Commission Meeting November 18, 2008 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 14-8 and 14-10 of the City Code Relating to the Imposition and Collection of Civil Penalties in Code Enforcement Cases; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/16/08) Action: City Clerk Hines read the title, Community Dev. Director Robert Solera reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the ordinance on second reading. Ordinance No. 2008-313 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 62-8 of the City Code to Provide Additional Grounds for the Selection of the Lowest Responsible and Responsive Bidder; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/16/08) Action: City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the ordinance on second reading. Ordinance No. 2008-314 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl 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, Accepting the Results of the Special Election Held on Tuesday, November 4, 2008, on Proposed Amendments to the City Charter; Providing for an Effective Date. Action: [City Clerk's Note: Heard before 7 A.] City Clerk Hines read the title, and reported. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1341 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Gym Source for the Purchase and Installation of Exercise Equipment for the Community Center at Pelican Community Park, in an Amount Not to Exceed $24,994.98, 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 Cultural and Human Services Director Susan Simpson reported noting that you must be a member of the Community Center to use the equipment. It will be installed in the 2nd Floor Exercise Room within 6 weeks. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1342 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Florida Power and Light (FPL) for Phase 3 of the U ndergrounding of Electrical Lines Project Along Atlantic Isle, in the Amount of$138,159.00, 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. Mayor Edelcup passed the gavel to Vice Mayor Thaler, and he and Commissioner Scholl abstained as they are residents on Atlantic Isle. Assistant City Manager Jorge Vera reported, noting that the project should be completed by September 2009. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1343 was adopted by a voice vote of 3-0-2 (Mayor Edelcup and Commissioner Scholl abstained) in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin Giordano and Associates, Inc., to Provide Application Development and Web Hosting Services for a Public Internet Mapping Service, in an Amount Not to Exceed $10,311.00, and a Monthly Hosting Cost of $656.27, 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 Information Technology Director Edel Fonseca reported noting that this project will be in 3 phases. Phase I will be done within 6 months. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1344 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida 10E. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Southeastern Engineering Contractors, Inc. to Construct a New Retaining Wall at Oceania Park, in an Amount Not to Exceed $80,062.96, Attached Hereto as Exhibit "A"; Waiving Competitive Bidding Procedures; 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 Assistant City Manager Jorge Vera reported noting that this Park will be enhanced with sitting areas and landscaping. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1345 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 Addendum No. 2 to Agreement with Lukes-Sawgrass Landscaping, Inc. for Landscaping Services on Atlantic Boulevard from the South Side of 1820d Street to 183rd Street, the Sea Wall Corner at North Side of the School, and at Pelican Community Park Based on a Unit Price Basis and in an Amount Not to Exceed $26,666.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Addendum No.2 to 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's Note: A proposed Landscape Plan was distributed.] City Clerk Hines read the title, and City Manager Szerlag reported noting that we will be utilizing Raanan Katz' irrigation system, who will pay for the water as well. This project will take 2 months. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1346 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with the School Board of Miami-Dade County for Police Mutual Aid and the Joint Declaration to the Mutual Aid Agreement; Authorizing the Mayor to Execute the Agreement and the Police Chief to Execute the Joint Declaration; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Chief Fred Maas reported noting that this is effective immediately although the Police Department has been there since school began. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1347 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Request for Construction Staging Submitted by Acqualina / La Playa de Varadero Homeowner's Association to Allow Construction Staging Not to Exceed a Total of Six (6) Months Timeframe; Providing the City Manager and the City Attorney with Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Reportfrom City Manager handed out, see action in Item 4A.] City Clerk Hines read the title, and Community Development Director Robert Solera reported this is work in the bar and kitchen areas. There is a mitigation fee of $2,500 per month for 6 months totaling $15,000, to be paid before any staging takes place, and a condition to the approval requiring the Applicant to convert the vacant lot into a park-like setting the day after their approval expires. If the Applicant requests an extension, it requires Commission approval and an additional mitigation fee. City Manager Szerlag noted his handout on the operational definition of "park-like setting". Mayor Edelcup noted that Section 6.A(4) of Ordinance. No. 2008-304 covers the definition of "park-like setting". Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1348 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup asked if Code Enforcement is going throughout the City on other vacant lots, and Mr. Solera said yes and he will submit a report of all the locations that they have found, and some have already come forth with the payment. All of the locations have come forth saying that they are no longer a vacant property because they have active permits. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Charitable Contribution to the Miami-Dade County League of Cities toward the Uniform Fire and Rescue Services Litigation Costs, in the Amount of $1,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Report from City Manager and Resolution handed out, see action under Item 4A.] City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: none Mayor Edelcup said he feels that the City should show support to those cities and noted the correspondence from Mayor Robert Diener of the Village oflndian Creek who indicated that they have spent $85,000 to date in fighting this issue. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1349 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, Approving an Amended and Restated Promissory Note Between the City of Sunny Isles Beach and Regalia Holdings, LLC. For Payment of Transfer of Development Rights; Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 10 Summary Minutes: Regular City Commission Meeting November 18, 2008 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: none Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1350 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the Renewal ofthe Annual Service Agreement with Sungard Public Sector, Inc. to Provide Technical Support and Software Upgrades for the Police Department Computer System, in an Amount Not to Exceed $53,838.60, 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 Information Technology Director Edel Fonseca reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1351 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring Lewis J. Thaler as Vice Mayor; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup thanked Commissioner Thaler for his service as Vice Mayor, and proposed him as Vice Mayor for the ensuing year. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1352 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Presentation regarding the GPS System on the City's Community Buses. Action: Cultural and Human Services Director Susan Simpson reported noting that the service is provided by Rapid Wireless, with a monthly fee of$19.95 per bus (5 buses), which is under $1,200 a year. There is a steady increase of ridership on the shuttle buses. Public Speakers: Doug Sinclair Bill Boyd, Transportation Supervisor, presented a demonstration of the City's bus routes. Doug Sinclair with Rapid Wireless who provides this service as well as radio service for the shuttle buses, also reported noting that there are 2-minute updates on the location of the buses, speed, etc., and the information is stored on the system for 90-days, and can be downloaded. There is a daily report as well as a weekly report. II Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida 12B. Discussion regarding the 172nd Street Landscaping Improvements. Action: Assistant City Manager Jorge Vera reported noting that the 21 Medjool Palms that we are purchasing are going to cost us $73,000 vs. $130,000 that we had projected. In addition, the estimated cost for Innd Street enhancement landscaping is an additional $66,000. The Medjool Palms will be on Innd Street up to the west end of Epicure, and from that point on we are going to have Palms like those running north and south along North Bay Road. Overall, the cost will be $174,000 for the Medjool Palms and landscaping on Innd Street. Funding is from the Atlantic Isle Undergrounding Project, and we will still have over $300,000 left after we pay for the undergrounding. Public Speakers: none 12C. Add-On New Item: Discussion regarding a Holiday Celebration Being Planned by the Russian Synagogue in December. Action: City Manager Szerlag and Cultural and Human Resources Director Susan Simpson reported and after discussion, it was the consensus of the Commission to let the Administration handle this event. Public Speakers: none 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. New Item: Discussion regarding the Location of the Phyllis and Raanan Katz Sports Center Sign. Action: [City Clerk's Note: Correspondence from Raanan Katz was distributed regarding the Sports Center Signs.] Raanan Katz said that the signs at the Phyllis and Raanan Katz Sports Center are very hard to see, and he would like to move them to another area. Public Speakers: Raanan Katz It was the consensus of the Commission for the City Manager to relocate the signs to a mutual acceptable spot. 14. ADJOURNMENT Mayor Ede1cup adjourned the meeting at 9:30 p.m. Respectfully submitted by: ~~L Jane A. Hines, CMC, City Clerk Approved by the City Commission on De 18, 2008 n N rman S. Edelcup, Mayor 12 -, J ., FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ",u WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163,356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters, However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, G 'C..Dt<G t:. 1\ f3>UJ)" Sc.ltt)LL ,hereby disclose that on I ) h "l , ,20~: (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 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 rpfU)~ OJJY\~ 01"'- A1i.~ ~ . 1J /{~/01 Date Filed J J NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 3112.317, 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 - J ./ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME - bE.L Rm f\} S. MA2G ADDRESS \ C. \ S CITY :; rJrJ o APPOINTIVE This form is for use by any person serving at the county, city, or other local level 0: commission, authority, or committee, It applies equally to members of advisory ar conflict of interest under Section 112.3143, Florida Statutes. WHO MUST FILE FORIV' OD yY\~ - ~ ~ IOC. Ffl~~ v"A-'.-A1t~ ~ ted board, council, 3nted with a voting Your responsibilities under the law when faced with voting on a measure in which ~ on whether you hold an elective or appointive position, For this reason, please p. completing the reverse side and filing the form, I greatly depending :>n this form before INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163,356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction, IF YOU INTEND TO MAKE ANY AITEMPT 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, DISCLOSURE OF LOCAL OFFICER'S INTEREST I, NDRMtVJ S. ~~,Lc..uf> , hereby disclose that on , l/\g/o~ , I ,20_: (a) A measure came or will come before my agency which (check one) -0nured 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 ~~O~~~~. 21ft?~/~~ ~~ nature / 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 -- # FORM 88 MEMORANDUM OF VOTING I COUNTY MUNICIPAL AND OTHER LOCAL S, ~\.U/ 7~S .' NAME OF BOARD, COUNCIL, C L ( THE BOARD, COUNCIL, COMM WHICH I SERVE IS A UNIT OF: ~CITY 0 COUNTY NAME OF POLlTIP1L SUBDIVISION: f\) 'i I.~L ~ MY POSITION IS: - 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. , greatly depending (Y\ ~ - ~ ~ >n this form before ~ .N-" lOP, T~~~ INSTRUCTIONS FOR COMPLIANCE WITH SECTIOf'l V'"' ~~ ~ UTES A person holding elective or appointive county, municipal, or other local public of ~ _" a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. Your responsibilities under the law when faced with voting on a measure in which: on whether you hold an elective or appointive position. For this reason, please pi completing the reverse side and filing the form. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes, APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters, However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 # ,/ APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency, . The form must be read publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed, DISCLOSURE OF LOCAL OFFICER'S INTEREST I, f\J II RY'<\~ S 'S(:)CZ L c....u.ip ,hereby disclose that on 1/1110'2 I ,20_: (a) A measure came or will come before my agency which (check one) JL'" 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.~ O\.lfN)/\ a---r... ~~~ ~~~/ SigJ~ture I I / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, ~ 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. Date Filed .7 11 I ) D<~ I I CE FORM 88 - EFF. 1/2000 PAGE 2 . FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS E ot<. ~, WHO MUST FILE FORM 88 ~/DI This form is for use by any person serving at the county, city, or other local level of governme commission, authority, or committee. It applies equally to members of advisory and non-advi conflict of interest under Section 112.3143, Florida Statutes, - ;ouncil, I voting 1/'7/()~ Your responsibilities under the law when faced with voting on a measure in which you have a on whether you hold an elective or appointive position, For this reason, please pay close at completing the reverse side and filing the form. Jending 1 before INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, (Continued on other side) CE FORM 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 ATIEMPT 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,~ 6 R.mAI\J S. crh<i-LCu ~, hereby disclose that on ,}\,/o" I ,20_: (a) A measure came or will come before my agency which (check one) ~inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which ~~ ~ ~ ~ tVo~'rv\Pr1\) 'S.~GtlP ct4- l\lY\~ D y~~1 F~ ~b~ ~~. ~aJ4~~ Sig~~ ture / / 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 PENAL TV NOT TO EXCEED $10,000. Date Filed -7J/7J((~ I I CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NA E NAME OF BOARD, COUNCIL, COM S.C LL I . o APPOINTIVE WHO MUST FILE FORM 88 Cv iW\a.- $~ - a--- Th;, form ;, for ose by any peffion ,e",;ng at the cormty, city, or other local level of govemmen ~ ~~ : ,"neH, commission, authority, or committee. It applies equally to members of advisory and non-advis /l 1'2..... + ~ f!J=!~ 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 c ~ ~ mding on whether you hold an elective or appointive position, For this reason, please pay close atte before completing the reverse side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,356 or 163.357, F.S" and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction, IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - 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, G~O~Gz l\.€>U\\" Sc.. \-.\OL I _ , hereby disclose that on IJI7/i)'i I ,20_: (a) A measure came or will come before my agency which (check one) / inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , 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 ~~~ 6L~ "" ~~ Date Filed I I J 7 / rJ~ . I a- Signature f { 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 PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF, 1/2000 PAGE 2