HomeMy WebLinkAbout2009-0917 Regular City Commission MeetingSUMMARY MINUTES
Regular City Commission Meeting
Thursday, September 17, 2009, 6:30 p.m.
City of Sunny Isles Beach, Florida
ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION.
PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION.
AGENDA
1. CALL TO ORDER / ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials
present:
Mayor Norman S. Edelcup
Vice Mayor Lewis J. Thaler
Comm. Roslyn Brezin
Commissioner Gerry Goodman
Commissioner George "Bud" Scholl
City Manager Rick Conner
City Attorney Hans Ottinot
City Clerk Jane A. Hines, CMC
Assistant City Clerk Mauricio Betancur
Assistant City Manager /Services Jorge Vera
Assistant City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: City Manager Rick Conner led the Pledge of Allegiance to the flag, and City
Historian Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum, and noted that Assistant City Clerk
Mauricio Betancur is handling the meeting tonight with City Clerk Hines tutoring.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting — July 16, 2009.
Action: Commissioner Goodman moved and Commissioner Brezin 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. Revision to Item 10X. TDRs Bank Account; Add -On Item 10AA.
Agreement with Arie Properties for Purchase of Real Property at 16050 Collins Avenue.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Thaler moved and Commissioner Scholl 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 PRESENTATIONS
5A. A Presentation by Mayor Norman Edelcup and Police Chief Fred Maas to Sergeant Eddie
Santiago, as the Representative of the Sunny Isles Beach Police Department's Team
who Won the Gold Medal at the Florida State Police Olympics in June 2009.
Action: Police Chief Fred Maas reported, and he and Mayor Edelcup presented the Gold
Medal to Sergeant Eddie Santiago on behalf of the Police Department's Team.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
5B. A Proclamation Supporting and Participating in the Success of 2010 Census through the
Formulation of a Complete Count Committee.
Action: Assistant City Manager /Finance Doug Haag reported and will mail the Proclamation.
6. ZONING: ZONING HEARINGS ARE QUASI- JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265 -37 of the City Code to Establish a Parking Bonus Program and Related
Zoning Incentives; Providing for Severability, Providing for Repealer; Providing for
Inclusion in the Code; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera
reported noting this is for the Town Center District.
Public Speakers: none
Commissioner Goodman asked for clarification, and Assistant City Manager Vera said what
they will be buying is, 25% of that development could be parked within 300 -feet on a public
parking area, so let's say there are 200 parking spaces required, 25% of that they can park
offsite, they could park in a City parking area. Mayor Edelcup said it starts with a premise, if
they have 200 parking spaces, they can buy down 50 of them, and people in that building that
would have otherwise would have had 200 spaces can park in that garage, but if the garage is
there, anybody in the public can also park there.
City Attorney Ottinot noted that this ordinance would not apply to any previous agreement
that was worked out, we will just make that a parking bonus.
Commissioner Scholl 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, October 15, 2009, at
6:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Goodman
yes
Commissioner Scholl
yes
Vice Mayor Thaler
yes
Mayor Edelcup
yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265 -37 of the City Code to Modify Setback Requirements to Ensure Consistency
in Building Construction as Set Forth in Summary Charts B, C, and D, Attached Hereto;
Providing for Severability, Providing for Repealer; Providing for Inclusion in the Code;
Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera
reported noting that this is for the Town Center District.
2
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5 -0
in favor. Second reading, public hearing will be held on Thursday, October 15, 2009, at
6:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Goodman
yes
Commissioner Scholl
yes
Vice Mayor Thaler
yes
Mayor Edelcup
yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 193 of the City Code to Regulate Noise from Mechanical Equipment Within a
Garage; Reducing Hours for Routine Landscaping; Providing for Repealer; Providing for
Severability; Providing for Inclusion in the Code; Providing for an Effective Date
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera
reported. City Attorney Ottinot noted that this does not include Sundays.
Public Speakers: none
Vice Mayor Thaler asked that when this ordinance is adopted, will we notify all the condos
and hotels, and Assistant City Manager Vera said yes. Commissioner Goodman asked what
is the difference between this ordinance and the last ordinance, and City Attorney Ottinot said
this is an amendment of our current noise ordinance which did not address the mechanical
noise that derives from the mechanical equipment in a garage. Mayor Edelcup said the
difference is that the Noise Ordinance that we passed was mainly construction noise and this
amendment is the finished product /equipment inside the building. He said that will be part of
the site plan approval to make sure that we get it taken care of before it becomes a problem
instead of after. Vice Mayor Thaler asked what happens to those that have already been
approved, and City Attorney Ottinot said this Ordinance will apply on a perspective basis
going forward. Mayor Edelcup said if the fans in an existing building were to fail and they
now had to bring in new plans, they would not be grandfathered in? Assistant City Manager
Vera said it is an existing building and it generates over 60 decibels they have to tone it down
and comply with the Code. Mayor Edelcup said if somebody comes in for a new permit to
change the fans then we should now apply the existing law, and City Attorney Ottinot agreed.
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, October 15, 2009, at
6:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Goodman
yes
Commissioner Scholl
yes
Vice Mayor Thaler
yes
Mayor Edelcup
yes
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
None
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
Mayor Norman S. Edelcup as the City's Delegate to the Miami -Dade League of Cities and
Commissioner Gerry Goodman as the Alternate to Attend Meetings During Fiscal Year
2009/2010; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2009 -1457 was adopted by a voice vote of 5 -0 in favor.
10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing
a Schedule for City Commission Meetings for Calendar Year 2010; Providing for an
Effective Date.
Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup reported that there
is no meeting scheduled for August but if one is needed we will schedule it. We have set the
third Thursday in every month, other than August, for our Commission meeting. If there is a
conflict with a Commissioner down the road, let us know 60 days prior to reschedule it.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this
resolution. Resolution No. 2009 -1458 was adopted by a voice vote of 5 -0 in favor.
IOC. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Appointing
Regine Monestime, Esq. and Rafael E. Suarez, Esq. as Special Masters to Fill the Seat
Vacated by Sonja K. Dickens, in Accordance with City Code Section 14 -3; Providing for an
Effective Date.
Action: Assistant City Clerk Betancur read the title, and City Attorney Ottinot reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1459 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
lOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
the Approval of an Agreement with Tally Engineering, Inc., for Threshold Inspection
Services for the Heritage Park Parking Garage, in an Amount Not to Exceed
$152,400.00, Attached Hereto as Exhibit "A ", Based on the Pricing, Terms, and Conditions
Listed in the Bid Response to RFQ No. 09- 05 -01, Attached Hereto as Attachment "A ";
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera
reported.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1460 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
an Agreement with Kor Kat Inc., for the Purchase and Installation of Artificial Turf
for the Infield at Pelican Community Park, in an Amount Not to Exceed $23,450.00,
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: Assistant City Clerk Betancur read the title, and Public Works Director Bill Evans
reported noting that this is a test area.
Public Speakers: none
Vice Mayor Thaler said he is thinking about the health and welfare of the children using it as
historically there are more accidents on artificial turf than there are on regular turf, and he
asked that the Commission is kept up to date on exactly what is happening. Mayor Edelcup
said we have not defined how long the test period is but he would hope that it is at least a
year, and then we would get a report from the City Manager as to whatever our experience
has been in the past year, and that we defer any other locations until we are satisfied with this
site and this test. Commissioner Brezin said if there are any problems she would appreciate
that report before the end of the test period so that they can monitor it as it goes along.
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1461 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, Authorizing
the Purchase of Tuff Curb Curbing and Stanchions from Gulf Industries, Inc., in an
Annual Amount Not to Exceed $25,000.00, Attached Hereto as Exhibit "A ", Based on a Sole
Source Product for Compliance with the Florida Department of Transportation (FDOT);
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and City Manager Conner reported.
Mayor Edelcup explained that it is the curbing with the stanchions in it, not just flat curbing.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1462 was adopted by a voice vote of 5 -0 in favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
the Approval of an Agreement with Kimley -Horn and Associates, Inc. for Professional
Traffic Signal Design Services for the Intersection Located at 182n`' Street and Collins
Avenue, in an Amount Not to Exceed $26,500.00, Attached Hereto as Exhibit "A ";
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the
Agreement; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and City Manager Conner reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this
resolution. Resolution No. 2009 -1463 was adopted by a voice vote of 5 -0 in favor.
1011. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984, to
Expend up to $510,000.00 from the Partial Federal Forfeiture (DOJ) Funds for the
Purchase of and Supplemental Funding of Police Vehicles and Staffing Resources;
Providing for an Effective Date.
Action: [City Clerk's Note: This item was heard with Item IOI) Assistant City Clerk
Betancur read the title, and Police Chief Fred Maas reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
this resolution. Resolution No. 2009 -1464 was adopted by a voice vote of 5 -0 in favor.
10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of 13 Vehicles and Associated Equipment for the Police Department in an
Amount Not to Exceed $414,413.90, Attached Hereto as Exhibit "A "; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing For An
Effective Date.
Action: [City Clerk's Note: This item was heard with Item IOH) Assistant City Clerk
Betancur read the title, and City Manager Conner thanked Chief Maas for his assistance, and
he reported noting that these 13 new vehicles will come in and we are selling or trading 13
vehicles and 5 leased vehicles for a total of 18 going out.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
this resolution. Resolution No. 2009 -1465 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Apply for, Receive and Expend Monies from the Miami -Dade
County Federal Drug Control and System Improvement Program [Through the
Edward Byrne Memorial Justice Assistance Grant (JAG)] in the Amount of $4,757.00,
to Purchase Supplies for the "School Resource Officer" Program; Authorizing the Mayor
to Execute Said Grant Application; Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Police Captain Michael Grandinetti
reported.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1466 was adopted by a voice vote of 5 -0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement by and Between Ronald L. Book, Esq. and the City of Sunny Isles Beach
for Professional Legislative Relations and Lobbying Services, in an Amount of
$55,000.00 Per Year, Effective from October 1, 2009 through September 30, 2010, with an
Option for an Additional Year, 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: Assistant City Clerk Betancur read the title, and Mayor Edelcup noted that Ron
Book was not present tonight, and City Attorney Ottinot said he spoke with him and he
indicated that he would be here.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to defer this
item to October 15, 2009. The motion was approved by a voice vote of 5 -0 in favor.
Action: [City Clerk's Note: Ron Book arrived later in the meeting and this item was heard
after Item ION.] Mayor Edelcup said that the Commission needs to reconsider a vote they
just took for this item as Mr. Book is now present.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to reconsider a
vote they took to defer this item. The motion was approved by a voice vote of 5 -0 in
favor.
Assistant City Clerk Betancur read the title, and Ron Book gave a report on how things are at
the State level and the National level, and what he thinks the City can expect as we move
forward in this economic crisis. Two years ago this past May, the State passed a budget of
$73.5 Billion, and when they left Tallahassee this past Spring, they left with a budget of
$65.3 Billion, and that was a budget that also had almost $6.5 Billion of Federal Stimulus
Money stuffed inside of it, had they not had that Stimulus Money you would have had a
budget south of $60 Billion.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
The future is not much better for where they are going if things that are still looming out
there occur, things like Amendment 4 and Amendment 3 that strike at the heart of local
governments that have a ripple effect. Amendment 4 is the end of growth in Florida, it is the
end of planned reasonable responsible growth. To talk about land use and zoning decisions
being done by referendum which is what Amendment 4 is all about, means we shouldn't
bother to elect local government officials, it means we don't have any confidence or any faith
in our local government officials. Amendment 3 which in affect will strangle your City
Manager, Amendment 3 means he can't raise any revenue in the future in affect without the
vote of the people. So you have a convergence of things happening over the next year or
two, all of which have not only an affect on you and all of the other local governments but it
has an affect at the State level as well.
Mr. Book said the House Delegation continues to be again from this part of town, effective
on our behalf and on issues that we care about but we are going to have to be more creative
in the future, we are going to have to continue to look to things that we can weigh in on that
improves our overall situation whether that is with grants for Florida Community Trust, FCT,
which this City have been extraordinarily fortunate very successful, successful because of
your staff, your leadership, and because our Legislative Delegation has made the phone calls,
and made the press when they needed to. All of those grant programs will have to get more
creative in the things that we do.
Vice Mayor Thaler asked if any of the grants that we have been getting are in jeopardy, and
he said that all grant programs have taken a step back, however, there will be money for
those programs, we will have to fight to get them. Mayor Edelcup said because we know
that Florida's financial conditions are poor, and that the likelihood of grants is minimal, is
there any attempt that we can make to tap into Federal funds directly, and Mr. Book said yes,
no, yes, somewhere in the middle. He is a big believer in supporting the people that are there
leading your country, he is one of those who believes that the Stimulus Program to date has
not proven to be very effective or very helpful to the people of Florida.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1467 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, Ratifying the
Approval of an Agreement Between Logistics Management Group and the City of Sunny
Isles Beach, to Provide Logistical and Event Management Services for the City's Jazz
Festival on October 16 -18, 2009, in an Amount Not to Exceed $65,000.00, Attached Hereto
as Exhibit "A "; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Cultural and Human Resources
Director Susan Simpson reported, and Mayor Edelcup noted that it is a turnkey operation.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1468 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
IOM. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Create a Merit Base Compensation Program Consistent with Section
166.021, Florida Statutes; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and City Manager Conner reported that
there will be no civilian raises this year other than contracted positions. He said as we
discussed during the budget workshops, he is recommending a one -time bonus based on
evaluations and performance of the employees, the highest amount that can be given under
the program is $2,500.
Public Speakers: none
Commissioner Goodman asked what the total amount is, and City Manager Conner said
$247,000 which included $65,000 that went to contract obligations, and so approximately
$180,000. Commissioner Brezin said it is there and available in the event the City Manager
feels this is a necessary obligation, but we may or may not use it. Mayor Edelcup said to
keep in mind that we are passing a resolution establishing a policy not only for the current
year but for the future years and the specifics are covered in our budget, not in this resolution.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2009 -1469 was adopted by a voice vote of 5 -0 in favor.
ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Amendment to Agreement with Tenex Enterprises, Inc., to Provide Services
for the SR AIA/ Collins Avenue Streetscape Improvements Project, in an Amount Not to
Exceed $99,530.05, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
First Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary
to Effectuate this Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and City Manager Conner reported that
this contract amendment would allow us to go in and start what we have done on the
Lehman, under 163rd and the six small islands, and noted that there will be additional
amenities that are necessary. Vice Mayor Thaler made a correction, it is 167th Street.
Public Speakers: none
Commissioner Brezin said many people in the south end are concerned about the fact that the
beautification seems to be stopping at a certain point and not going south, and for the record,
we have not forgotten the south end, we have acquired properties in that end and in time all
of that will be addressed, we are working our way down and the entire City will be
beautified.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2009 -1470 was adopted by a voice vote of 5 -0 in favor.
[City Clerk's Note: Mayor Edelcup noted that Ron Book has arrived and that the
Commission needs to reconsider the vote taken for Item 10K to defer. The Commission went
back to Item I OK. ]
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Renewal of the City's Workers' Compensation Insurance with the Florida
Municipal Insurance Trust (FMIT), for the Period of October 1, 2009 through
September 30, 2010, in the Amount of $134,932.00, as Outlined in Exhibit "A ";
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this
Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager /Finance
Doug Haag reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1471 was adopted by a voice vote of 4 -0 -1
[Commissioner Scholl stepped out] in favor.
10P. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Renewal of the City's Property, Casualty, and Auto Insurance with the Preferred
Government Insurance Trust (PGIT), for the Policy Period of October 1, 2009 through
September 30, 2010, in the Amount of $494,188.00, as Outlined in Exhibit "A ";
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager /Finance
Doug Haag reported noting an adjustment in the valuation and coverage of the Butterfly
Sculpture. He noted that Bob Hollander of Brown and Brown Insurance, is present.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2009 -1472 was adopted by a voice vote of 5 -0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the
Approval of a Special Construction Agreement with "AT &T" Florida for Phase II of the
Undergrounding Project in the Atlantic Isle Area, in an Amount Not to Exceed
$106,575.05, Attached Hereto as Exhibit "A "; Authorizing the City Manager to Do All
Things Necessary to Effectuate the Terms of this Agreement; Providing an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup passed the gavel to
Vice Mayor Thaler, and abstained along with Commissioner Scholl as they are both residents
of Atlantic Isle. Assistant City Manager /Services Vera reported.
Public Speakers: none
Vice Mayor Thaler asked if there is a completion date on this, and Assistant City Manager
Vera said it will coincide with the completion date of the project at the end of October.
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
this resolution. Resolution No. 2009 -1473 was adopted by a voice vote of 3 -0 -2 (Mayor
Edelcup and Commissioner Scholl abstained) in favor.
10
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
10R. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Budget Amendment No. BA0809 -004 to Fiscal Year 2008/2009 Budget; Major
Amendment: Establishing the Initial Budget for Fiscal Year 2008/2009 for the Land
Bank Fund of $20,015,000.00; Minor Amendments: Transferring Funds Within the Human
Resources Budgeted Accounts; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager /Finance
Doug Haag reported.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1474 was adopted by a voice vote of 5 -0 in favor.
10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Trane for Inspection, Maintenance, and /or Repair Services of the
Air Conditioning Unit at Pelican Community Park, in an Amount Not to Exceed
$11,424.00, 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: Assistant City Clerk Betancur read the title, and Cultural and Human Services
Director Susan Simpson reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1475 was adopted by a voice vote of 5 -0 in favor.
10T. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with R.C. Systems, Inc. for the Purchase and Installation of Recreation
Software (RecPro) for Pelican Community Park, in an Amount Not to Exceed
$24,500.00, with an Annual Maintenance Fee of $4,500.00 Beginning October 1, 2010,
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: Assistant City Clerk Betancur read the title, and Cultural and Human Services
Director Susan Simpson reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1476 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
10U. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Apply for and Accept a Florida Recreation Development Assistance
Program (FRDAP) Grant on Behalf of the City, for the Acquisition of Property
Adjacent to Bella Vista Bay Park and Located at 488 Sunny Isles Boulevard, in an
Amount of up to $200,000.00; Authorizing the City Manager to Take Any and All Action
Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate;
Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager /Finance
Doug Haag reported.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1477 was adopted by a voice vote of 5 -0 in favor.
IOV. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the
Agreement of Purchase and Sale of 16200 Collins Avenue, Attached Hereto as Exhibit
"A "; Providing for an Effective Date. (Plaza Isles)
Action: Assistant City Clerk Betancur read the title, and City Attorney Ottinot reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1478 was adopted by a voice vote of 5 -0 in favor.
10W. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the
Creation of a Transfer of Development Rights Bank Account for R.K. Associates VIII,
Inc. in the Amount of 58,500 Square Feet of Development Rights and 30 Units of
Development Rights, Attached Hereto as Exhibit "A "; and Ratifying the Creation of a
Transfer of Development Rights Bank Account for Plaza Isles, LLC in the Amount of
40,000 Square Feet of Development Rights and 20 Units of Development Rights,
Attached Hereto as Exhibit "B "; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Assistant City Manager /Services
Vera reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this
resolution. Resolution No. 2009 -1479 was adopted by a voice vote of 5 -0 in favor.
12
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
10X. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Confirming
the Balance of Development Rights Currently Held in the TDR Bank Accounts Held by
the City of Sunny Isles Beach and Private Owners, Attached Hereto as Exhibit "A ";
Requiring Yearly Updates of Account Balances Held by Private Owners and the City;
Providing the City Manager with the Authority to Do All Things to Effectuate this
Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: A revised Cover Memo was distributed prior to the meeting.]
Assistant City Clerk Betancur read the title, and Assistant City Manager /Services Vera
reported noting that he will read new revisions into the report. He made the following
corrections on Page 1 of the attachment: The City has sold 742,1-22 773,394 square feet and
44-9 432 units to developments that received approval at City Commission. This leaves a
current balance on the City TDR of 1,nT 08Tr82 1,053,910. On page 2 of the attachment:
Currently the City has collected $35, "�T $35,112,555.
Public Speakers: none
Vice Mayor Thaler said on page 2 of Exhibit "A ", the $841,580 is a credit that was issued,
should that show up here, should that not have been added into this number. Assistant City
Manager Vera said that was part of a payment, an agreement that was done through sale of a
property that the City purchased. Vice Mayor Thaler said then that technically we have
received it and so it should not be in here, and Mayor Edelcup said it is not a receivable, and
Vice Mayor Thaler said the total number should come down $841,580.
Commissioner Goodman asked for clarification of page 3, and Mayor Edelcup said that they
are the TDRs that are owned by these people. They had two years to use them but the
Commission had granted them an extension. Some of those are owners of TDRs who bought
the TDRs from the City, some are owners of TDRs that bought them from a third party
transaction. Assistant City Manager Vera added, or provided the City with property like
Town Center Park, and the majority of that comes from the Town Center Park.
Mayor Edelcup said on page 2 because of the wisdom of this Commission that created the
TDRs and he noted that Commissioner Danny Iglesias is in the audience, and he is one of the
fathers of this Ordinance that helped create this. We have collected as a City some $35
Million in cash from the TDR program of which made it possible to give $12 Million to the
school, and some $20 Million for Parks. In addition, the 742,000 square feet of property that
has been developed now is on the tax rolls at a much greater tax rate than it would have been
had it stayed on the old property from where it came, and the City will probably benefit based
on, say $300 a square foot, something in the neighborhood of three - quarters of a million
dollars a year in additional tax revenue because of the transfer of those TDRs, and we still
have a million TDRs left which conceivably if the market ever returns to $100 square foot
would mean that the City has $100 Million worth of TDRs to sell someday in the future. It
has been an entirely win -win program, the City won, the developers won, the residents
continue to win, and it has been a very useful program for the City in giving us the ability to
bring a school here and to also green the City with more parks.
The Commission accepted the report with the correction of the $841,580. Assistant City
Manager Vera asked for clarification, and Mayor Edelcup said that the way Vice Mayor
13
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
Thaler is looking at it and he is considering it a receivable, if you would change the asterisk
amount just to read on the asterisk that this amount is no longer receivable, that it was
collected in exchange for buying the property.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this
resolution, as amended. Resolution No. 2009 -1480 was adopted by a voice vote of 5 -0 in
favor.
10Y. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Urging the
State Legislature to Enact Legislation Prohibiting an Individual from Writing, Sending
or Receiving Text Messages While Operating a Motor Vehicle; Directing the City Clerk
to Transmit a Copy of this Resolution to the Officials as Stated Herein; Motorists Not
to Text on Their Cell Phones; Providing the City Manager with the Authority to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1481 was adopted by a voice vote of 5 -0 in favor.
10Z. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Entering into
an Agreement with the Town of Golden Beach and its Police Department to Share
Police Reporting and Records Management Software and Information Technology
Services for a Period of Two Years, Attached Hereto as Exhibit "A "; Authorizing the City
Manager and the Chief of Police to Execute Said Agreement; Authorizing the City Manager
to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Assistant City Clerk Betancur read the title, and Information Technology Director
Edel Fonseca reported that this resolution will give the City the ability to share resources
with the Town of Golden Beach including Police Records, Management, Reporting Services,
and IT Services.
Public Speakers: none
Mayor Edelcup said it is also turning the IT operation into a revenue producing center and
not solely a cost center. Police Captain Michael Grandinetti explained that it gives us an
opportunity to share data over the laptop. We are independent but they do their reports and
we do ours, and we have the ability to see theirs just like they can see ours. He and IT
Director Fonseca did a brief cost analysis and came up with a way to recoup the money.
Commissioner Brezin said that this would be advantageous to have the city to our north and
south work together police -wise. Captain Grandinetti agreed and noted that North Miami
Beach, Aventura, soon to be Golden Beach, share the same data with us, and eventually we
hope to get Bal Harbour, Bay Harbor, and Surfside on board.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1482 was adopted by a voice vote of 5 -0 in favor.
14
Summary Minutes: Regular City Commission Meeting September 17, 2009 City of Sunny Isles Beach, Florida
10AA. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Ari Properties, Inc. for the Purchase and Sale of Real Property
Located at 16050 Collins Avenue, in the Amount of $4,500,000.00 with a Deposit of
$450,000.00 Which Deposit Shall be Credited Against the Purchase Price at Closing, in
Substantially the Same Form as the Attached Exhibit "A "; Authorizing the Mayor to Execute
Said Agreement; Providing the City Manager and the City Attorney With the Authority to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Added to the agenda prior to meeting. See action under item
4A.] Assistant City Clerk Betancur read the title, and Mayor Edelcup said we are
completing the puzzle of all the parcels of property on Collins Avenue to permit the
development of a Park along the west side of Collins Avenue and last night this agreement
was reached with Mr. Steiger, who is here in the audience. City Attorney Ottinot reported
that this is additional property for park purposes and we expect to close in December. He
noted that Mr. Steiger has also requested that the Park be named the Steiger Family Park.
Public Speakers: none
Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2009 -1483 was adopted by a voice vote of 5 -0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
None
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Mike Kroll, Vice President of Miller Legg, said for the past nine years he has served as the
Principal in Charge of the Design Team for Pelican Community Park. He remembers several
years ago sitting and putting the information together to acquire some of those grants to
acquire the Park and do the improvements at the Park, and he noted at the beginning it was
supposed to be a very simplistic athletic park with a baseball field and a basketball court, a
playground, and a small building for restroom facilities, etc. and it evolved into the fantastic
project that it is right now which is a credit to the Commission, the City's vision, its
recognition of the citizens need for this facility. As with any great project there were always
issues to deal with and some of those issues included a hurricane, the drastic escalation of
construction material costs, a construction of a school right next to us, and this vision has
been recognized at the State level. In August of this year, the Florida Chapter of the
American Society of Landscape Architects awarded Pelican Community Park with an
Award of Merit for Excellence in Landscape Architectural Design. Mr. Kroll, on behalf
of Miller Legg, presented the award to Mayor Edelcup on behalf of the City, in recognition of
Pelican Community Park.
15
Summary Minutes: Regular City Commission Meeting September 17, 2009
City of Sunny Isles Beach, Florida
13B. Former Commissioner Danny Iglesias said he wants to commend the Commission on a lot
of things and one of the things is the landscaping we have done here. He went to Chicago
last week and noticed that they built parks around Michigan Avenue, and they have very nice
lamp posts, and one of the things they did was to use u -clamp poles and they hang planters
from it, and he passed around a photograph of the lamp post. We are coming up with the
new teardrop in a lot of areas of the City, in Atlantic Isle and North Bay Village. He said it is
a very cheap way but a very elegant way of adorning our lamp posts. One of the things that
FDOT has done is "Adopt a Highway" and so maybe we can come up with "Adopt a Lamp
Post" in some of the areas. He congratulated the Commission on the north end landscaping,
it is beautiful, but imagine when we finally finish the teardrop and looking at the landscaping
in the middle which has been very successful, the one we are going to do in both ends, and
adorning the teardrops with plants, for your consideration in the future.
Commissioner Brezin said she had seen that in California when she brought the pictures in
and the answer she got was it is very beautiful but maintaining them was very costly, that
they constantly had to be replanting them and caring for them. Commissioner Iglesias said
which is why we can look at it in certain areas and have a program like "Adopt a Lamp
Post ". He said maintenance could be high but there are certain types of landscaping that is
pretty resistant to this weather.
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 8:20 p.m.
Respectfully submitted by: Approved by the City Commission on Oct. 15, 2009
Jane A. Hines, CMC, City Clerk orman S. Edelcup, Mayor
16
Preview
�'e + F L 0 '
trip ox 5VLA },a�
TO:
FROM:
DATE:
RE:
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Jane A. Hines, CMC, City Clerk
10/15/2009
Summary Minutes for the September 17, 2009 Regular City Commission
Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the September 17, 2009
Regular City Commission Meeting.
REASONS:
ATTACHMENTS:
. Summary Minutes
http: / /sibagenda.sibfl. net / agenda /Preview.aspx ?ItemID= 112 &MeetinglD= O &MeetingDate... 10/7/2009
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST— FIRST�ME —M� LE NAME � t` �� �) Su NN`� 1 COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
MAILING ADDRESSEE l/', THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
�WH HIGH I SERVE IS A UNIT OF:
CITY Q _ ^/� COUNTY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
1 A 1► 10 7l' ( �.� [� Ae, � MY1 ►14-IM .1 _� � NAME F POLITICAL SUBDIVISION: � � Qc �A � 1-L
DATE ON WHICH VOTE OCCURRED - ^ MY POSITION IS
TIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
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)
PA
UL rUKM t5b - ttr. "I /LUUU
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, GS.,bi_tG� "i3utj�:" SCjbU_ hereby disclose that on 1 / I 20 0:
(a) A measure came or will come before my agency which (check one)
�nured 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:
pb w 1 �n r1 �xtUn nc
Date Filed Sign
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 8B - EFF. 1/2000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME
n -,R►� s.
NA OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR C MMITTEE
�
MAILING ADDRESS
C S I
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
NAMES OF POLITICAL SUBDIVISION:
C
BRED (
DATE ON WHICH VOTE OCC
MY POSITION IS:
Ct 11-1 0
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 86
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 q
I, b()Tt Prk) S, 4��,LC1kP , hereby disclose that on c /17 , 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 by
whom I am retained; or
inured to the special gain or loss of which
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:
9 111-) log
Date Filed Si ature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 8B - EFF. 1/2000 PAGE 2