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Summary Minutes:Regular City Commission Meeting November 15,2012 City of Sunny Isles Beach,Florida <br /> Commissioner Aelion said the City went up and above to work with the 600 Building,to fix <br /> the drain problems but they insisted that they wanted something that the City could not do. <br /> They wanted the City to address issues that are private to them and to encompass it within <br /> the project and the City said no,we are going to take care of the drains,whatever the City is <br /> responsible for. <br /> Mayor Edelcup said there is a little ground that we can achieve and he suggested that Mr. <br /> Goodman work with Commissioner Gatto. If we can reach a compromise that doesn't <br /> burden the City for that portion of landscaping, then certainly we would feel inclined to do <br /> so. As it relates to the drainage problem,we recognize what is a serious drainage problem, <br /> we will address that but we will not step in any shoes of any condo or condo association. <br /> The problem has been, some of that has been held hostage in giving us the easement to be <br /> able to fix the street in exchange for us being burdened with paying the costs when it is more <br /> properly being associated with the condo association. And so if we have to get a litigation <br /> there then we will have to,but we know we have a responsibility to take care of drainage on <br /> the street and we will have to come to a conclusion on that. Let the City Manager handle this <br /> problem as it relates to the drainage with the people of the 600 Building,it is not for you or I <br /> to get into that. Commissioner Scholl said that is on his list but the other thing is that the <br /> landscaping and lighting are a similar problem,the way the existing landscaping is it groups <br /> around the lighting in some cases,perhaps we can tackle both problems as one. The drainage <br /> is a technical issue that we have to figure out. Vice Mayor Thaler said it has to be separated. <br /> 13B. Arlene S. Koenig discussed safety, jeopardizing equity, and additional liability to the <br /> residents of Winston Towers. She is talking specifically about Building 300, Code <br /> Enforcement and issues pertaining to her building. She had submitted to the City Manager <br /> and City Attorney a notarized statement based on a lot of issues that are safety issues and <br /> Code issues for Winston Towers 300. Last week she was in a meeting with DERM and <br /> certain issues came to light and one of the issues that are really very important is the illegal <br /> marina that is on the side of her building. She doesn't understand how this marina was built <br /> particularly since she has a letter from DERM that was given to her written by Michael <br /> Schnitzer on July 15,2010 confirming that Winston Towers 300 Association has no further <br /> interest in applying for a permit for a floating dock. Therefore they were requesting that <br /> DERM close the file. Her concern here is that at DERM they are investigating currently now <br /> three(3)violations and safety violations for Winston Towers 300. They are:the marina,the <br /> illegal marina, and the environmental impact on the inlet because of the manatee protection <br /> program. Second issue, a non-permitted concrete pour which extends beyond our seawall <br /> and continuously contaminates the inlet. Third issue, construction of an illegal drainage <br /> system from her garage to the inlet further polluting the waters of the inlet which by the way <br /> was brought to the attention of Winston Towers 300 by correspondence from Sunny Isles <br /> Beach. These are the three violations that DERM is investigating. How does that effect <br /> other issues here, it affects the mitigation plan for submerged land by this City by eminent <br /> domain. These issues are all tied in together that impact on the safety, the equity and the <br /> liability of Winston Towers 300 residents. We are being jeopardized over there by these <br /> particular situations. Her statement connects to this directly because there is an commonality <br /> in that statement that persists on coded, unlicensed, illegal and these words emulate from <br /> many different areas from the fire alarm to the mildew removal to even a statement on behalf <br /> of their property manager that in one of their contracts at one of their meetings he mentioned <br /> 29 <br />