HomeMy WebLinkAbout2013-1219 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, December 19, 2013, 6:30 p.m.
City of Sunny Isles Beach, Florida
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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 City Manager Christopher J. Russo
Vice Mayor Isaac Aelion City Attorney Hans Ottinot
Commissioner Jeanette Gatto City Clerk Jane A. Hines, MMC
Commissioner Jennifer Levin Deputy City Manager Stan Morris
Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Ken Kruger. immediate past President of Kiwanis Club,led the Pledge of Allegiance
to the flag, and City Historian Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting —November 21, 2013.
Action: [City Clerk's Note: Item 3A was heard with Item 3B.]Commissioner Scholl moved
and Commissioner Gatto seconded a motion to approve the above mentioned Summary
Minutes. The motion was approved by a voice vote of 5-0 in favor.
3B. Regular City Commission Meeting—November 21. 2013.
Action: [City Clerk's Note: Item 3B was heard with Item 3A.] Commissioner Scholl moved
and Commissioner Gatto 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; Revisions: Item 7A.Ordinance Amending Section 265-35D(4); Item
7B. Ordinance Amending Chapter 104; Item 10A. Appointments to City Advisory
Committee; Item 10F. Donation to Joshua's Heart Foundation; Additional Information:
Item 10E. Kiwanis Event; Deferred: Item 10J. Letter of Intent with HJS.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Aelion 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.
Summary Minutes Regular City Commission Meeting December 19.2013 City of Sunny Isles Beach.Florida
5. SPECIAL PRESENTATIONS
5A. Recognition of Assistant City Clerk Mauricio Betancur upon Obtaining the Designation of
Certified Municipal Clerk (CMC) from the International Institute of Municipal Clerks.
Action: Mayor Edelcup recognized Assistant City Clerk Mauricio Betancur for achieving his
Certified Municipal Clerk designation,and for the excellent job he has done as our Assistant
City Clerk. City Manager Russo congratulated Mauricio and noted that Susan Owens, the
Florida Association of City Clerks (FACC) Southeast District Director, was to be here
tonight to present him with a plaque and pin but she was caught in traffic and had not yet
arrived. Assistant City Clerk Betancur thanked Mayor Edelcup and the Commission, City
Manager Russo, and City Clerk Hines for encouraging him to further his education and
obtain his certification.
5B. Presentation by Mayor Norman S. Edelcup to Winners of the Sunny Isles Beach Photo
Contest for the City's 2014 Calendar.
Action: Mayor Edelcup reported noting that the dates of major events are listed in each
month of the calendar,and he introduced Communications Coordinator Alayne Yeash of the
Cultural and Community Services Department. Alayne Yeash did a powerpoint presentation
of the 2014 Calendar,and announced the winners. The Commission handed out etched glass
plaques to the following: Carmen Diaz;Alex Vinokur; Sonny Sabatto(absent); Ana Mathey
(absent); Valentino Leidi (absent, his father accepted the award for him); Sylvie Leidi
(absent, her husband accepted the award for her); Aleksandr Bezgin (absent); Carlos
Hernandez; and Beatrix Csinger(absent). Ms. Yeash said she would get the awards to those
who were not here tonight. She also noted that the calendars are now available in
Government Center and at Pelican Community Park.
Mayor Edelcup said the calendars really make a good marketing tool for our City and is a
very good perspective of what we are today versus where we were years ago. Our
photographers are doing a great job in promoting Sunny Isles Beach and we certainly thank
them for it.
5C. Presentation by Lynn M. Dannheisser, Esq. regarding the Sunny Isles Beach Partners in
Progress (PiP) Foundation, 501(c)(3).
Action: Lynn M. Dannheisser, Esq. presented a progress report on the Sunny Isles Beach
Cultural Arts, Civic & Education PiP Foundation, and gave a powerpoint presentation. She
said the Commission had approved the formation of a non-profit fundraising arm of the City
for the support of cultural arts,civic and educational activities that would increase the quality
of life for the citizens of Sunny Isles Beach without the need for taxpayer dollars. We are
exploring programming and sources of funding. Ms. Dannheisser said Commissioner Levin
had suggested that we shorten the name to Sunny Isles Beach Partners in Progress, SIBPiP,
and we have gotten the domain name. Commissioner Levin said she has some other
suggestions that they can discuss later. Ms. Dannheisser noted the wonderful participation of
the individual Commissioners, and that this is really a community effort. She encouraged
continued creativity and coming forth with their ideas, and from citizens as well.
Ms Dannheisser said we redefined the Mission to be more in line with the kind of grants and
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the things that grants are looking for. We will be a privately funded tax exempt organization
that will partner with the City to accomplish four directives: 1) fostering civic engagement
and social change through education, arts and culture and development and maintenance of
infrastructure; 2)to cultivate the City of Sunny Isles Beach as a place for the arts,the creation
and design of progressive urban spaces while fostering civic awareness in kids, adults and
seniors; 3)to stimulate greater business,tourism,and public recognition of the importance of
the arts to the public; and 4) to collaborate with other 501(c)(3) non-profits and cities for
possible funding and booking and we are already doing that.
Ms. Dannheisser said there are five stages to becoming a non-profit: 1) the visionary stage,
and that is where we are right now;2)the planning stage; 3)file with the State of Florida;4)
file with the federal government to receive a tax exempt status; and 5)then we do an annual
finding. We structured it with a notion of a 501(c)(3), and this is strictly for charitable
purposes. The other way she has seen it done is by a City Advisory Board or Arts Council
where the board members are selected by Commissioners, although their decisions are
independent. This is being done as an Advisory Board in Miami Beach, West Palm Beach
and Delray Beach. Miami-Dade County does it as a foundation,as does Miami Gardens,and
a number of other places. What is the driving decision maker here.the reason for a decision?
A City Advisory Board has to cone within the constraints of every other public entity. You
can't talk to each other in private, you have got to notice any kind of meetings,you have got
to file financial disclosures, you have got to make all your records complete. All of these
things would pertain to a City Advisory Board. The problem with this, it is not that we don't
want transparency because anybody is welcome to look at the books and records of a
501(c)(3). Rather, we are trying to attract individuals to the Board, who can provide and
secure financial support who will donate money, will be people of means who will assist us
in this effort. They may be reticent to do that if they have to file a Financial Disclosure.
While I suggest to you that in the first year of forming this 501(c)(3)while it is being funded
by the City, the Commission will create the original Board. While there is a tremendous
interaction with the Commission, we will subject ourselves to the Public Records and
Sunshine Laws. But once it is off and running on its own and it is just partnering with the
City,it won't suffer from those constraints,and she asked City Attorney Ottinot to render an
opinion on this if we need to go in that direction.
Mayor Edelcup said as a 501(c)(3) the people who hopefully will join that Board would be
somewhat reluctant or we give them a negative to start off with by having to say that you
have to comply to the Sunshine Law. If we get two members that are very close friends,now
they can't meet together or if they do meet together there is going to be a perception that they
are breaking the Sunshine Law. We have seen too many opportunities lost because of the
fact that the Sunshine Law,even though it had good intentions and purposes in government,
it doesn't always have the same consequences when you are trying to accomplish some
greater goals. The Mayor thinks that freeing it up makes it much more palpable to get people
involved particularly when you are going to be asking those people who may double team
people for donations, if two of them want to talk to a prospect about it, they would not be
able to. Also, he thinks when you are approaching other 501(c)(3)'s or other charitable
institutions that have funding ability. there is a greater freedom of discourse between the
501(c)(3)'s and the people involved in both to be able to have that conversation and not be
impeded by the potential of Sunshine Violations. Ms. Dannheisser said that these are very
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Summary Minutes Regular City Commission Meeting December 19.2013 City of Sunny Isles Beach,Florida
practical and real considerations,and so her recommendation is to keep going along this line
unless we can find some real beneficial reasons to look otherwise.
Ms. Dannheisser said that she has given the Commission a long list of potential projects that
support the arts and progressive open spaces and involved kids and seniors that will make the
City a venue to celebrate its diverse population,ethnically and demographically and we will
create an enormous sense of community. These goals are supported and funded by lots of
organizations. The first of our goals, which is the one the City Manager seems to be most
interested in,which is to get this foundation to pay for some of the infrastructure that the City
is currently funding with taxpayer dollars. The Cultural and Community Services
Department is doing a fabulous job in this regard but we can take it even further and take
some of the cost off the City's hands. One way to do this is to make Sunny Isles Beach a
place for the arts and create a platform for recognized and emerging young artists which is
what Wynwood did. You have all been to Wynwood and you have seen how this area has
blossomed with new restaurants and businesses, and she is sure we would like to see that
here. We have done very well with our development, we have done very well in developing
tourism but now we need to have some support for those things to create a real quality of life
which would include a different kind of commercial space.
Mayor Edelcup said it is really a second stage of the City. The first stage was building the
infrastructure and the development of the high-rises and now we have to move on, the
development of high-rises comes to an end at some point but the City doesn't. Now you
have to culturally move the City to a higher platform. Ms. Dannheisser said exactly,this is
very forward thinking, and one of the things that is critical to doing this is to create place
making. Our public places until now have been for open space,sports,recreation,and some
cultural events. She said she is amazed since she has been here to see the enormous amount
of improvement and additional open space that you have created, it is really wonderful and
she commends you. But with this Foundation's efforts, what we are talking about now is
making these spaces magical and whimsical,places to create conversation and interests of a
different kind. She showed how we can transform these spaces with images as it has been
done in other cities. The National Endowments for the Arts talks about creative public and
private spaces, rejuvenating structures and streetscape, improves local business liability,
public safety, and brings people together to celebrate and inspire.
Ms. Dannheisser said that you start with perhaps the creation of a City Art Wall. She, the
Mayor and the City Manager have toured this City and located a number of public spaces that
would be great spaces for public art walls. We have also talked about the creation of a stand-
alone wall that would get painted, photographed and then white-washed, and done again
every three(3)months and let people participate in it. This is innovative and probably would
generate a real buzz in the City. She also took a tour with the Cultural Affairs Program
Manager of Miami Beach, and met with the Mayor. He was suggesting creating food, art
work, and street happenings, and she noted in the photo the aerialists that are coming to
Miami Beach and we could have them here as well. The Mayor came up with this idea of
easels in the park, it has been done,making this place projects for children and seniors and in
the photos, kids are actually making tile,and we want this particularly focused on those two
groups as well. We would like to create a venue at some point for master classes, and
practice rooms for dancers,and actors,musicians,puppeteers,story telling. Think about this,
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Summary Minutes Regular City Commission Meeting December 19.2013 City of Sunny Isles Beach,Florida
how many accomplished musicians, actors, and dancers would love to come to Sunny Isles
Beach during the winter when it is cold in New York. We just need to get the grants to fund
the fair, and places to stay when these grants are available. Why not a Winter Shakespeare
Festival ? Commissioner Gatto sent her a CNN clip of these kinds of street happenings. We
need to design progressive urban spaces, and there are a lot of grants for this because this is
the means of creating social dialogue with art. Again, bringing diverse groups together.and
generating curiosity in the community.
Ms. Dannheisser showed photos of stairs over a street, where you can sit and watch the
traffic in New York City, why can't we do it here over Collins Avenue? We would like to
convert our public spaces,right now they are for recreation, but let's make it places to think
and dream and have whimsical characters in our park, art work, and street performances as
well. We can create edible rooftop gardens, all of these gardens that she showed in photos
are on rooftops of buildings in other cities. There is grant money available and this is the
kind of thing that contributes to sustained ability which is another big current issue in cities.
We would like to create a kids planning program. The International City Managers
Association(ICMA)is having a crisis right now,they can't recruit people into the business,
they don't see enough people wanting to come into local government positions. But there
needs to be some awareness of it,and we need to generate that awareness in kids. She knows
that Commissioner Levin has gone into the schools to talk about civics,and some of the kids
are here in the audience. This is where you can see the kids in the bottom photos where they
are designing playground tiles and they need them to be installed in their programs. The
sheet of white paper with red circles on them, it was a planning session of kids who listed all
the things they would like to see in public spaces, and what you see on top was designed by
kids, inspired by kids,why not our kids? In addition we want to encourage civic engagement
in general in partnership with the school, promote municipal leadership, and civic
engagement,and she would hope that Commissioner Levin would stay involved in that effort
to create our future leaders. Maybe each of you would mentor somebody and let them follow
you around and understand what it is you do.
Ms. Dannheisser said that the City Manager set up a meeting with the Netanya Foundation
and Shlome Warner who is on the right side of that picture, these pictures come off of their
website. Mr. Warner told us about staffing, budgeting,fund raising,and the fact that this has
been magnificently successful in Netanya, Israel. He warns that because he was given the
time to develop this, he said please tell your Commission that they should know that it will
take three(3)to five(5)years but it will happen. They would like to do a kick-off fundraiser
for us in Netanya.
Ms. Dannheisser said where do we get the money for this? By significant grants that are out
there, and she has located eight(8)people that she hopes to bring up to the Commission the
next time which will be the next quarterly report. The grant that had been written and
secured by this person knows where to go, and the City Manager has ordered a publication
that directs us to these places as well. We are looking for donations and gifts, we will try to
be a joint public/private partnership. That will include the use of some private spaces for
public art,and of course corporate sponsorship. Now that the Perez Museum is open and we
have seen some excitement that has been generated around that. We are starting to become a
community that supports the arts, with Wynwood, Art Basel and the Perez Museum, and
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Summary Minutes Regular City Commission Meeting December 19.2013 City of Sunny Isles Beach,Florida
Sunny Isles Beach will hopefully be on the map with this kind of thing,and hopefully we are
going to get some other cities to join us so we can do block cooking.
Ms. Dannheisser asked what is next? We are going to move into the planning stage. We
need to finalize our name, and let's talk some more about the name. We need to finalize our
By-Laws which you have a draft of right now, and she welcomes comments on that. We
need to create Articles of Incorporation, and she needs for the Commission to start thinking
of potential Board members and who your appointments might be. She is going to look as
well but we need to identify people who are interested and want to assist right here in Sunny
Isles Beach but they don't have to be here in Sunny Isles Beach. It would be nice to tag some
of our people who are not usually involved in our government activities but have the means
to do that. We want to create a website and she was just talking to Leah Einwalter, Web and
Social Media Specialist, this afternoon who has a fabulous idea for this website and how to
generate interest from the citizenry about what they would like to see. We will begin to do
some grant writing because we would like to start getting funded and grants take a little bit of
time. She ended with a clip with a street happening that started in France and has circulated
around European cities. The Cultural Affairs Manager told her he would be happy to assist
us in having this welcomed into Sunny Isles Beach when they bring it here,and so it will cost
us less money. It is less expensive than you think.
Mayor Edelcup said Sunny Isles Beach has always been on the forefront and avant-garde of
creating the kind of a City that we have here today, it did not just happen by accident. It
happens with a lot of hard work and planning which we are seeing again in our second phase
and hopefully it carries us into the second phase of City growth and keeps us in the forefront
of a world class City. He hopes that everyone will join with us in making this project a very
successful one. Mayor Edelcup and the Commission thanked Ms. Dannheisser for an
exciting presentation.
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
Chapter 265"Zoning"Section 265-35D(4)to Add Side Yard Setback Restrictions in the
Mixed Use-Resort (MU-R) District for Lots with Frontage Between 211 Feet and 299
Feet in Order to Provide an Option for Design Flexibility; Providing for Severability;
Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and
Providing for an Effective Date.
Action:[City Clerk's Note: A revised Ordinance was distributed prior to the meeting.] City
Clerk Hines read the title, and City Attorney Ottinot reported noting that the City has
amended the Zoning Code several times since its adoption in 2003 to design flexibility for
developments of projects on the east side of Collins Avenue. The purpose of this Ordinance
is to provide design flexibility for parcels within the MU-R District. Specifically the
Ordinance provides opportunities for design flexibilities setback of 25 feet or 30 feet for
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach,Florida
properties between 211 feet to 299 feet of frontage along Collins Avenue provided that a fee
payment of$1,000,000.00 or $500,000.00 paid for maintenance of adjacent public beach
access, streetscape and park improvements. These fees are generally paid of a project
approved via the Site Plan process at the point of issuance of a building permit.
Public Speakers: Stanley B. Price, Esq.; Bob Welsh; Greg Nicklas
Stanley B. Price,Esq.representing Fortune said they are supportive of the Ordinance but they
ask that the issue of the fee be revisited. A question was posed to the City Manager at the
Workshop in conjunction with the total fees that would be paid by a developer who seeks to
utilize all the bonus provisions and the impact fees of the City,and he assumes the amount is
several million dollars. They are good corporate citizens of this community,and they want to
be on the 2017 calendar with a fabulous architectural building and they are asking for
consideration by the Commission to reduce the fee for the 25-foot setback to $750,000.00.
Greg Nicklas, Tropicana, said they are delighted that something is going to happen to the
structure next door to them, it has been a long time. They would of course prefer to have a
30-foot setback, it doesn't seem like a lot to ask given what they have gone through for the
past many years. We would like to ask the Commission to help with another issue that they
know the Commission does not have direct control over. If there is going to be a building
next door to them as large as this one is going to be, the traffic at the u-turn when you are
going south on Collins Avenue and the u-turn that we have to use to get back on the north
side is really dangerous. With the additional traffic,especially with construction traffic,they
would like the Commission to consider helping them with FDOT to get a traffic light in
there. They would also like to be kept in the loop as you move forward in this process.
Stanley Price said the genesis of this concept was that today we have two lots that are of a
nature that we can have a 20-foot setback on the 100-foot lot and the concern that was raised
and recognized by the Commission is the fact that theoretically there could be four driveways
now entering and exiting on A 1 A. What they are proposing are two (2) driveways, they
would like to work with Mr. Nicklas too because they are going to have the same traffic
issues ultimately, and if we work together to find a solution, two is better than one.
Commissioner Levin said you have asked for a reduction of the $1,000,000.00 to the
$750,000.00,but at the Workshop you mentioned adding parks to be part of what the money
is used for. You asked for us to include parks but now you want to take away some of the
money when we have more to take care of,and she asked Mr. Price to explain his reasoning.
Mr. Price said they feel the fee is high based upon the totality of the fees,and the community
is still going to get additional fees for parks as part of the bonus program that they have to
participate in. She asked how many more units they will be able to build with the decrease in
the setback, and Mr. Price said they have not even hired the architect yet to design this
building but Fortune has reached out to previous designers here in Sunny Isles Beach and so
it will be a very unique building. Commissioner Levin asked if he had any idea what the sale
prices would be, and Mr. Price said he assumes they will be very high on a square foot basis.
Commissioner Scholl said he had an ex parte conversation with representatives from Fortune
and Manny Grosskopf. When he met with the developers, they had indicated that they were
looking for 25-feet, and so he thinks that we are giving them a mechanism to get the 25-feet.
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach,Florida
He didn't actually come up with the numbers and so he is not sure what the rationale was
behind the numbers. The developers made it clear to him that their design considerations
could be materially affected by not getting the 25-feet, and as he talked to the neighbors at
Tropicana and the Trump side as well, he thinks we want to see one building there and if it
takes a 25-foot setback to do that, he is okay with it.
Vice Mayor Aelion said he also met with both developers who have interest in this
Ordinance, and this amendment is something that has been created for their wish. The
numbers given here are on the low side,he wanted them to be higher and so he will stay with
25-feet for$1,000,000.00 and 30-feet for$500,000.00. Commissioner Gatto said it is really
important to see a design and make a decision at the Site Plan level using variances. She
thinks the one building scenario is the way to go. The setback request,whether it is 25 or 30,
needs to benefit the buildings on either side of it.
Mayor Edelcup said it sounds like we are all on the same page, certainly one building is a
much better scenario than two smaller buildings, and probably the one building becomes a
more magnificent building then two smaller buildings would be. Likewise,the selling price
is greater per apartment because the building is a better built building which means that
ultimately the City benefits with its tax structure in the future that it receives a higher
property tax base with this one building. He does not see any problem with combining these
two lots to create the opportunity for the one building. He hears what the developer is saying
as it relates to the reduction of the fee, his inclination is that the fee is adequate the way it is
structured here. He is hearing that you don't want to develop this property until 2017 but
perhaps the City can come up separate of this Ordinance with some sort of monetary
incentive for you to tear down what is there today. He knows that would make a lot of
people happy that live in that part of the City particularly the people at Tropicana and Arlen
House and the Trump. Maybe we can accomplish both our goals and come to a common
amount of money you are willing to pay but through a different route by taking some
immediate action to get rid of that building. In turn maybe the City can help make that
monetarily an incentive for you to accomplish that goal. He said it is just a suggestion for
you to talk to the City Manager and City Attorney. Mr. Price said they will meet with the
City Manager and try to come up with a proposal that will address what the Mayor just said.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
proposed Ordinance on first reading,as amended. The motion was approved by a roll
call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
January 16, 2014, at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Levin ves
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
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Summary Minutes Regular City Commission Meeting December 19.2013 City of Sunny Isles Beach,Florida
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 104 of the City Code of Ordinances Commonly Known as the "Art in Public
Places" Ordinance; Providing for Repealer; Providing for Severability; Providing for
Inclusion in the Code; Providing for an Effective Date.
Action:[City Clerk's Note: A revised cover memo and Ordinance were distributed prior to
the meeting.] City Clerk Hines read the title,and City Attorney Ottinot reported noting that
this Ordinance also relates to the discussion with Ms. Dannheisser(Item 5C). The purpose of
the Ordinance is to propose additionally acquiring this new venture in compliance with the
City's Art in Public Places Ordinance. The developers are required with all development
projects that are approved by the Commission, to install a visible piece of art work on that
particular project. The developer is also required to pay for any consultant fees that the City
may incur to ensure compliance with the Art in Public Places Ordinance. Also,the artwork
must be visible from the right-of-way from the sidewalk. The Mayor had requested this
Ordinance because a number of developers have failed to comply with this. Also, if the
developer has no desire to install the artwork on site, the developer may voluntarily
contribute up to $500,000.00 to the City's Public Arts Fund.
Public Speakers: None
Mayor Edelcup said we have an Ordinance on the books that everyone was probably
adhering to the letter of the law but not to the spirit of the law. We are suggesting here to
tweak the law so the spirit of the law comes forth and that the art is not built into a particular
project. It becomes a separate free-standing work of art that benefits the City.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
proposed Ordinance on first reading,as amended. The motion was approved by a roll
call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
January 16, 2014, at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
None
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach,Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Appointments to the City Advisory Committee for Calendar Year 2014;Providing for an
Effective Date.
Action: [City Clerk's Note: A revised cover memo and Resolution were distributed prior to
the meeting.] City Clerk Hines read the title, and Mayor Edelcup reported noting that the
members are appointed for a one year term but may be reappointed as often as desired by the
City Commission. Mayor Edelcup appointed new member Shobha B. Nagaprasanna to
replace Dennis Stubbolo.and Commissioner Gatto appointed new member Jeniffer Viscarra
to replace Arlene Koenig. The members appointed/reappointed are Dana Goldman as
Chairperson, Suzanne Spiliotis, Mariana Talalaevsky,Ari Steiger,Jeniffer Viscarra,Howard
Gordon,and Shobha B. Nagaprasanna.Mayor Edelcup introduced two members who were in
the audience: Shobha B. Nagaprasanna and Ari Steiger.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution as amended. Resolution No.2013-2164 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, Urging
Members of the Florida Legislature to Oppose Legislation that Would Mandate the Use of a
Uniform Chart of Accounts for All Governmental Entities to Report Financial Information;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Directing the City Clerk to Transmit a Copy of this Resolution to the Officials as Stated
Herein; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported
that Florida Government Finance Officers, other municipalities, Special Districts, counties
and others throughout the State are currently encouraging their Commissions and/or Boards
to pass this Resolution telling our Legislators that we oppose this standardization. It has
significant costs to implement, it doesn't take into consideration the different needs of
different types of government entities, etc. in its current format. We believe that
transparency can be accomplished at the local level without taking away the ability of each
type of entity to report as they need to their own taxpayers in a proper matter.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2165 was adopted by a voice vote of 5-0 in favor.
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Sumnar) Minutes Regular City Commission Meeting December 19.2013 City of Sunm Isles Beach.Florida
10C. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida,Approving
Budget Amendment No. BA1213-020 to Fiscal Year 2012/2013 Budget for
Reclassification of Budget to Reflect Actual Expenditures at End of Fiscal Year
2013/2014,Attached Hereto as Exhibit"A";Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported
noting that this is the final reclassification of our budget. It does not increase appropriations
in any manner but it does reclassify it so that no account ended up in the red or overspent in
any way at year end and provides the final budget hearing numbers to be published in our
Comprehensive Annual Finance Report and Audit.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2166 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida,Authorizing
a Charitable Contribution to the Sunny Isles Beach K-8 Trust Fund for the Florida
International University (FIU) First Generation College Scholarship Program, in an
Amount Not to Exceed $5,000.00; 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 Finance Director Audra Curts-Whann reported.
Public Speakers: Bob Welsh
Bob Welsh thanked the City for doing this program for our students,and because of the FIU
Foundation, the funds are matched by the Federal Government for first generation.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013-2167 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, Supporting
the Kiwanis Foundation of North Dade, Inc. Gl-u-b Fundraising Event, Feast of the
Senses, with In-Kind Support in an Estimated Amount of$11,935.50$11,235.50;Approving
a Donation of$10,000.00 to the Kiwanis Foundation Ektb for the Event; Authorizing the
City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: Additional information was distributed prior to the meeting.]
City Clerk Hines read the title, and Cultural and Community Services Director Susan
Simpson reported noting that the Kiwanis Club has been very active with the City and
supports the Sunny Isles Beach K-8 Trust Fund. They are partnering to host an event in the
City, Feast of the Senses. It is a ticketed event and is intended to be a fundraiser for the
Kiwanis Club and the K-8 Trust Fund jointly, and they would like to host the event in the
Pelican Community Park Gymnasium. She noted that a spread sheet was handed out earlier
regarding in-kind services and there is one minor adjustment to that. After this was printed
there was a request to use some space like a green room for the entertainers and so that will
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach.Florida
add an additional $700 of in-kind bringing the in-kind total to $11,935.50, and that is an
estimate based on meetings they have had with Ken Kruger. She said the City received some
revenues that were not expected and so without impacting the budget, we can support this
event with $10,000.
Public Speakers: Bob Welsh; Ken Kruger
Mayor Edelcup asked what the money would be used for, and Ms. Simpson said for out of
pocket expenses for marketing, the table rentals, the entertainers, the sound, etc. The
proposed budget is a little over $10,000 and the rest will come from their funds. Mayor
Edelcup said most of the in-kind services are employee labor and the fees that we normally
charge for the facility? Ms. Simpson said yes, the big bulk is the actual site, and the main
impact for the in-kind will be for salaries primarily in her Department and the Police
Department.
Bob Welsh said the money they have gotten so far has been put into a general fund and
Principals sign requests from students, teachers, staff, who need money for something and
the Principal signs a form approving that request. What we are doing with this money that
we raise is starting to put a dedicated fund for children of special needs. We have already
started with the help of former Vice Mayor Lewis Thaler to put that autism unit in the school.
We have children of special needs in this City that are going to other schools because we
don't have space, room, teacher, equipment, etc., and so we are earmarking these funds for
those kids.
Ken Kruger, the immediate past President of Kiwanis Foundation of North Dade, is
recognizing the City for the partnership they have shared with the City for the last seven(7)
years, and have enabled us on several levels to make a difference in the lives of many
children, specifically for the City's support for this event. Our mission is serving the
children of the world and we happen to have a local focus right here in Sunny Isles Beach at
the Norman S. Edelcup K-8. It has a Kids Club, a Builder's Club, we distribute hundreds of
dictionaries and we are constantly seeking ways to fulfill their Mission.
Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the
resolution,as amended. Resolution No.2013-2168 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 a
Donation to Joshua's Heart Foundation for their Fundraising Efforts at Jazz Fest 2013,
in the Amount of $1,000.00 $570.18; Authorizing the City Manager To Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: A revised Resolution and correspondence from the
Foundation's Executive Director Claudia McLean was distributed prior to the meeting.]
City Clerk Hines read the title, and Cultural and Community Services Director Susan
Simpson reported noting that Joshua's Heart Foundation has been a partner of Jazz Fest for
the last five years. They provide volunteers for the event to help facilitate some of the
services that we offer during that event. In lieu of that we use the art work and some poster
sales and donated beverage sales to them as a fundraiser for the organization. She noted the
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach,Florida
actual donation was $570.18 but the City Commission generously suggested $1,000.00.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution,as amended. Resolution No.2013-2169 was adopted by a voice vote of 5-0 in
favor.
Mayor Edelcup asked Commissioner Levin to introduce the children that are here, and she
said she and City Manager Russo had attended Career Day at the K-8 and these children are
part of the student government. Mayor Edelcup asked them to introduce themselves:Natalia
Torres, EESAC Representative;Celine Roncal, Secretary; Inake Unzue, Vice President;and
Timothy Bryd, President. Mayor Edelcup said he was glad they came here tonight to see
how our City government is working and hopefully they will gain some experience in what
we are doing here and help them run their student government as well. Some day they will
be sitting up here replacing us because that is what it is all about, they are the next
generation.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the First Amendment to the Agreement with L & L Truck Repairs for Fleet Bus and
Heavy Duty Vehicle Maintenance and Repair Services, in an Amount Not to Exceed
$60,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title. and City Engineer Helen Gray reported this is the
first renewal of their contract.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013-2170 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Negotiate a Second Amendment to the Agreement with Ric-Man
International, Inc. for Construction Services at the Intracoastal Park and Related
Parks, in an Amount Not to Exceed $200,000.00;Authorizing the City Manager to Execute
Said Agreement, Providing that it is Approved as to Form and Legal Sufficiency by the City
Attorney; Authorizing the City Manager and the City Attorney to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Engineer Helen Gray reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013-2171 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunn■ Isles Beach,Florida
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Second Amendment to the Agreement with Keith and Schnars, P.A. for Utility
Undergrounding Consultant Services for Phase II, in an Amount Not to Exceed
S127,470.00, 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 Engineer Helen Gray reported.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2172 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Letter of Intent Between the City of Sunny Isles Beach and HJS, LLC, a Florida
Limited Liability Company, for the Sale of Property Located at 500 Sunny Isles
Boulevard, in Substantially the Same Form Attached Hereto as Exhibit"A"; Providing the
City Manager and the City Attorney with the Authority to Do All Things Necessary to
Effectuate this Resolution; Authorizing the Mayor to Execute the Letter of Intent in
Substantially the Same Form Attached Hereto as Exhibit "A"; Providing for an Effective
Date.
Action: Deferred.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
an Amendment and Consent to Assignment of Design-Build Agreement between the
City of Sunny Isles Beach, 4M Investors, LLC., ("Contractor" or "Assignor"), and
International General Contractor ("Assignee"), Attached Hereto as Exhibit "A";
Authorizing the Mayor to Execute Said Amendment; Authorizing the City Manager and the
City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title,and City Attorney Ottinot reported noting that today
he and the City Manager were noticed that they will provide the necessary bonds hopefully
by tomorrow and then get started.
Public Speakers: None
Mayor Edelcup said he spoke to Joseph Milton yesterday and he promised that he was getting
his equipment staged next week and all he needed was to make sure that the Building
Official gives him the green light. We are working to push this forward so we can finally see
some action on Gateway Park. Commissioner Scholl asked if the Foundation Permit has
been approved and City Manager Russo said not yet but as soon as he gets it out of Fire.
With the assignment, the bonds, and the insurance that we expect to be done tomorrow, he
will be able to get in there and immobilize, and start doing his earth work.
Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-2173 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach,Florida
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.
Terminating a Declaration of Use for the Property Located at 15701 Collins Avenue,
Sunny Isles Beach,Florida;Authorizing the City Manager and the City Attorney to Do All
Things Necessary to Effectuate the Terms of this Resolution; Providing for Severability;
Providing for Repealer; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting this is to
clean up the Mansiana project.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-2174 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. A Discussion regarding a Request by the NMB Little League for Use of Chief Fred Maas
Baseball Field.
Action: City Clerk Hines read the title, and Mark Greenspan, President of the NMB Little
League said they service over 200 children from the general area including Sunny Isles Beach
for the last several years. They are a volunteer organization and parents volunteer thousands
of hours over the year to team up with Managers, Board of Directors, etc. to give the kids an
opportunity to play baseball. They also run a Challenger Program for the disabled children.
Mostly it has been mentally challenged but they had a person in a wheelchair for the third
time this year and actually did benefit with the use of the new field and it was much easier for
the child to get around the bases. Over the last two years we have broken even. The fees we
pay are for umpires, equipment, and uniforms and that is funded exclusively by the
registrations, sponsorships on the back of the jerseys, and a grant from the County and
another grant.
Mr. Greenspan said that there have been some changes to the fee schedule,and what they are
asking for here tonight is for the same treatment that they have enjoyed over the last few
years of in-kind where we would create the sponsor name on the back of jerseys with City of
Sunny Isles Beach. They would get use of the field as well as ensure that they use local kids
on the field as much as possible even creating a team with many Sunny Isles Beach children
on it and using the parents,management and coaches. It is a struggle for them to break even,
the economy is affecting everybody. One unique thing about their Little League is that they
do not turn anybody away. Financially we try to get even $20 instead of$150 so that the
parents who want to bring their kids to show up for practices because these kids get so much
out of being in this team environment.
Mayor Edelcup said he knows we have partnered for a number of years with the Little
League and he asked Mr. Greenspan to meet with Ms. Simpson,who would prepare a similar
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Summary Minutes Regular City Commission Meeting December 19,2013 City of Sunny Isles Beach.Florida
document as we just did for Kiwanis Club as to out of pocket and in-kind costs and put it on
a Resolution.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 7:54 p.m.
Respectfully submitted by: Approved by the City Commission on Jan. 16, 2014
I A /II/07114i
Jane A. Hines, MMC, City Clerk Norma S. Edelcup, Mayor
16
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18070 Collins Avenue
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Jane A. Hines, MMC, City Clerk
. DATE: 1/16/2014
RE: Summary Minutes for the December 19, 2013 City Commission
Meeting
® RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the December 19,
2013 Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
• Summary Minutes
•
Agenda Item No 3A
Date 1/16/3014