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Home My WebLink About2014-0220 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, February 20, 2014, 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 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 Timothy Bryd, President, K-8 Student Council 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: City Historian Richard C. Schulman led the Pledge of Allegiance to the flag, and gave the invocation. Mayor Edelcup gave opening remarks of decorum. Mayor Edelcup introduced Timothy Bryd, President of the Student Council at the Norman S. Edelcup K-8 School who sat up at the dais. Mayor Edelcup said we thought it would be appropriate for him to learn something about our government by sitting up here and joining our Commission. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—January 16, 2014. Action:Vice Mayor Aelion 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; Additional Information: Item 10P. Menu; Revisions: Item 12D. Revised Resolution for Discussion of Demolition. 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. City Attorney Ottinot requested to defer Item 12B at the request of the attorney for Porto Bellagio. Mayor Edelcup noted the change to the agenda. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to defer Item 12B.The motion was approved by a voice vote of 5-0 in favor. Summary Minutes:Regular City Commission Meeting February 20.2014 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. City Commission Employee Recognition Award Program: Certificates of Appreciation to be Presented to the Following City Employees: Leah Einwalter, Web and Media Specialist; Mitch Glansberg, Police Officer; and David Springer, Code and Parking Enforcement Officer. Action: Mayor Edelcup reported that Leah Einwalter, Web and Media Specialist; Mitch Glansberg,Police Officer; and David Springer,Code and Parking Enforcement Officer,went above and beyond the call of duty in the performance of their duties. Mayor Edelcup and the City Commission presented them each with a Certificate of Appreciation and noted that each recipient will receive a $100 check. 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 Ordinance No. 2013-412;Amending the City's Budget No.BA1314-03 for the 2013-2014 Fiscal Year—General Fund,Street Maintenance& Construction Fund,Building Fund, Capital Fund, Special Assessments Fund, 2011 Capital Projects Fund, 2010 Capital Projects Fund, Stormwater Fund and Stormwater Capital Fund; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; and Providing for an Effective Date. Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported noting that we have our final audited fund balances as a result of our September 30, 2013 audit. This amendment carries those balances into the current budget and allows her to finalize the project carryover balances on all of the Capital Projects as well as re-appropriate any funds that are necessary. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the proposed Ordinance on first reading. The motion was approved by a roll call vote of 5- 0 in favor. Second reading, public hearing will be held on Thursday, March 20,2014, at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 2 Summary Minutes:Regular City Commission Meeting Februar) 20,2014 City of Sunny Isles Beach,Florida 7B. Public Hearing: An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 265"Zoning" Section 265-36 "Neighborhood Business(B-1)Zoning District" to Clarify that Storage Facilities are Conditional Uses Within the B-1 Zoning District; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer of Conflicting Provisions; and Providing for an Effective Date and Applicability. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the Ordinance was requested by Mayor Edelcup. The purpose of this Ordinance is to allow the City Commission to treat storage facilities in the B-1 Zoning District as Conditional Use to mitigate the negative impact such use may have on the neighboring property. He also noted that in parts of the B-1 Zoning District storage facilities are prohibited, but there are certain parts of it, 174th to 178th Street, where they are permitted. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the proposed Ordinance on first reading. The motion was approved by a roll call vote of 5- 0 in favor. Second reading, public hearing will be held on Thursday, March 20,2014, 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) 9A. 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. (First Reading 12/19/13; Deferred from 01/16/14) Action: City Clerk Hines read the title, and City Attorney Ottinot noted that this Ordinance was deferred at the January 16,2014 meeting. He said there have been two minor changes to the Ordinance: 1) Allowing funds in the Art Trust to be used for cultural programs; and 2) Requiring the City Manager via the City Commission to use any funds deposited into the Trust Fund to be used within a 3-year time period from date of deposit. Public Speakers: None Commissioner Levin said under Section 104-4.2C, it says "The artwork shall be a stand alone structure unless a different artwork is approved by the City or its consultant on a 3 Summary Minutes: Regular City Commission Meeting February 20.2014 City of Sunny Isles Beach.Florida particular site." Who is the City? City Attorney Ottinot said the City generally means the City Manager via the City Commission. She asked if it needs Commission approval for this, and City Attorney Ottinot said yes because it is part of the site plan. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the Ordinance on second reading,as amended. Ordinance No.2014-420 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Maurice Donsky, Esq., Rafael E. Suarez-Rivas, Esq., and Ellen Lavin, Esq. as Special Masters,for a Period of One Year, in Accordance with Section 14-3 of the Code of Ordinances of the City of Sunny Isles Beach; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Russo reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2183 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, Approving the Selection of Cigna as the Provider for Employee Health and Dental Insurance; EyeMed as the City's Provider for Vision Care; Mutual of Omaha as the Provider for Life Insurance,Accidental,Death& Dismemberment(AD&D)Insurance,Long Term Disability Insurance,Voluntary Short Term Disability Insurance,and Voluntary Life Insurance,for a One-Year Period; Authorizing the City Manager to Enter into Agreements with these Providers, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further 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 Human Resources Manager Yael Londono reported noting initially we received a renewal of an 18% increase. After extensive negotiations we were able to bring it down to about 10%keeping in mind that 6%of that is due to legislative changes required by the Portable Care Act. The effective dates are from March 1, 2014 through February 28, 2015. City Manager Russo thanked our staff, particularly the representatives from the Police Department and Brown& Brown, in sitting down and working together to come up with some changes to bring this request down from 18% to 10%. It was a real cooperative effort. Public Speakers: None Commissioner Gatto moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2184 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing In-Kind Support to the American Cancer Society 2014 "Relay for Life" Event on May 16-17, 2014 at Heritage Park, in an Estimated Amount of$2,130.00; 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 Cultural and Community Services Assistant Director Sylvia Flores reported noting that this is a fundraising event. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2185 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, Providing In-Kind Support to Crafty Brains to Host "The Bake About Autism" Event on April 6, 2014 for Use of Heritage Park, in an Estimated Amount of$1,020.00;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 Cultural and Community Services Assistant Director Sylvia Flores reported noting that this is a new request. Public Speakers: None Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2186 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,Authorizing the City Manager to Expend up to $60,750.00 with Bonnie Bennett Creative to Provide Graphic Design Services for the City in Fiscal Year 2013/2014; Further 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 Cultural and Community Services Assistant Director Sylvia Flores reported noting that she gave each Commissioner a copy of our most recent "Living Magazine" that just came in today. This amount is slightly higher than last year because of some additional projects that we have such as revamping the Hurricane Guide, a new design for our banners, etc. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2187 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Agreement with Edmunds & Associates, Inc. for the Purchase of the MCSJ Application Software, in an Amount Not to Exceed $104,680.00, 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 Finance Director Audra Curts-Whann reported that this was a joint effort by Information Technology, Finance and Human Resources Departments. This system will serve the City best for the next five (5) to ten (10) years replacing the New World Systems that we currently have. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2188 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,Co-Naming 185 Street as"Dezer Way";Authorizing the City Manager to Expend Funds in an Amount of up to $600.00 for the Installation of Street Signs and to Do All Other Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Community Services Assistant Director Sylvia Flores reported noting that the Dezer Family has played a key part in transforming the City from "motel row" to what it is now. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2189 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, Approving the Request Submitted by PMG-S2 Sunny Isles, LLC ("Applicant") for a Temporary Sculptural Park Located at 17141 Collins Avenue, Subject to Certain Conditions; 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 Zoning Administrator/Planning Manager Claudia Hasbun reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2190 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida 10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Parking License Agreement between the City of Sunny Isles Beach, Florida, and g g tY Y Newport Hospitality, LLC for Use of a Portion of the Parking Lot Underneath the Sunny Isles Boulevard Bridge, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported noting that it is a 5-year Agreement that can be terminated at any time by written notice. It is for $6,000.00 per month for approximately 30 parking spaces. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2191 was adopted by a voice vote of 5-0 in favor. 101 A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Parking License Agreement between the City of Sunny Isles Beach, Florida, and M Resort Residences Condominium Association, Inc. d/b/a Marenas Resort for Use of a Portion of the Parking Lot Under the William Lehman Causeway, Attached Hereto as Exhibit"A";Authorizing the City Manager to Execute Said Agreement;Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported noting that it is a month-to-month Agreement that can be cancelled at any time. It is for $6,000.00 per month for 30 parking spaces. Public Speakers: None Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2192 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 a Parking License Agreement between the City of Sunny Isles Beach, Florida, and Regalia Beach Developers, LLC, ("Regalia") for Use of a Portion of the Parking Lot Under the William Lehman Causeway,Attached Hereto as Exhibit"A"; Authorizing the City Manager to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported noting that this is a 5-year Agreement with a 6-month termination clause. It is for$4,000.00 per month for 20 parking spaces. Public Speakers: None Commissioner Scholl noted that he had an ex parte disclosure that he had a conversation with the developer of the Regalia this morning. Vice Mayor Aelion asked if the purpose for this 7 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida Agreement is for parking issues or for a convenience purpose? City Manager Russo said unlike the other agreements the primary use of this one will be for our residents and therefore we wanted to give them some time. Mayor Edelcup said after these two particular arrangements are made for leasing out parking spaces,we will not grant any more leases because we need to keep sufficient parking spaces for any event taking place at Heritage Park. Deputy City Manager Morris noted that there will be 164 spaces left in that lot,and Mayor Edelcup noted there will be 100 available in the Heritage Park Parking Garage. City Manager Russo said we will not go below that. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2193 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,Approving the Second Amendment to the Agreement with The Goodyear Tire & Rubber Co. for the Purchase of Tires for the City's Shuttle Buses, in an Amount Not to Exceed $12,500.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Bill Evans reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2194 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Third Amendment to the Agreement with Calvin Giordano & Associates, Inc. to Provide for Final Design and Final Permitting for the Completion of the Pedestrian and Emergency Bridge, in an Amount Not to Exceed $304,095.75,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 Assistant City Manager Bill Evans reported that this completes the design,bearing in mind that we had a small design change when we soften the angle which required some additional easements. This provides for services from the Sub-consultants to get us through the permitting process which we are working on now. It also includes bid review, bid documents, etc. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2195 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida ION. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Construction Agreement with the Florida Department of Transportation (FDOT) to Construct Streetscape Enhancements that Includes Improvements Within State Road AlA/Collins Avenue Right-of-Way for the Intracoastal Park-Arlen House Project, Attached Hereto as Exhibit "A", in Substantially the Same Form; Authorizing the City Manager and 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 this Agreement is limited to the pavers which is the extent of their right-of-way. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2196 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the 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 $747,198.76, Attached Hereto as Exhibit"A"; Authorizing Waiver of Competitive Bidding Procedures; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Bill Evans reported noting that we are using Ric-Man through a JOC contract that we have. They are doing drainage and irrigation work, etc. Things not contained in the JOC contract are wall work. Foundation work, sidewalk, etc. Due to Ric-Man's institutional knowledge on this project, not having to pay a mobilization charge, being there on site, we ask that the competitive bid process is waived in order to deliver this project in a timely fashion. Public Speakers: None Commissioner Scholl questioned the cost of cement, and noted 15% is a big contingency. and Assistant City Manager Evans is hoping we will not need to use it. Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2197 was adopted by a voice vote of 5-0 in favor. 10P. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the First Amendment to Sublease Agreement between the City of Sunny Isles Beach, American Federated Title Corporation, as Trustee Under Florida Land Trust#3258, and Beach Bar @ Newport Pier, LLC, a Florida Limited Liability Company, 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; Providing for an Effective Date. Action: [City Clerk's Note: An example menu was distributed prior to the meeting.] City 9 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach.Florida Clerk Hines read the title, and Deputy City Manager Morris reported noted that this Amendment clarifies language between Dr. Cornfeld and Beach Bar. Two items he pointed out are: 1) Rent will officially start on Tuesday, April 1, 2014; and 2) They have negotiated some terms of a Tenant Improvement Allowance between Dr. Cornfeld and Beach Bar. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2198 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, Declaring Public Purpose and Necessity to Acquire Fee Simple Title to a Parcel of Property ("Northside Bridge Landing Parcel") More Particular Described Herein (Located between the Rights-of-Way of State Road 826 Westbound and the Southern Property Line for the Plaza of the Americas Condominium)for the Development of a Pedestrian Overpass Bridge to Connect Gateway Park to the West Side of State Road 826 Westbound; Authorizing the City Attorney to Initiate Eminent Domain Proceedings; Providing the City Manager and City Attorney with the Authority to Retain Expert Witnesses and Consultants,and to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Russo reported noting that this is for the overpass bridge for the westbound lanes on the north side of Gateway Park. The City is in the process of constructing Gateway Park in between the east and westbound lanes of Sunny Isles Boulevard. We have assessed and analyzed various alternatives and have considered all the safety issues, cost, long range planning and environmental factors. It is recommended that the Pedestrian Overpass Bridge be built connecting the Gateway Park to the north side of State Road 826/Sunny Isles Boulevard and that the acquisition of properties from the Plaza of the Americas be required to construct, operate and maintain the northern portion of the Pedestrian Overpass Bridge. This alternative provides a safe and adequate means for the public to access the Gateway Park from the North Bay Road Corridor. Public Speakers: None Commissioner Scholl asked what is the square feet of the land, and City Attorney Ottinot said 2,000 square feet. City Attorney Ottinot noted that the Commission had directed him to get a slow-take process versus a quick-take. If the price is not reasonable, the Commission may reject the property and not take it. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2199 was adopted by a voice vote of 5-0 in favor. 10R. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Accepting a Donation of $150,000.00 from the Dezer Family for a Complete Playground at Intracoastal Park to be Named "Dezer Family Playground"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 10 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title, and Cultural and Community Services Assistant Director Sylvia Flores reported. Public Speakers: Gil Dezer Gil Dezer said this is a further commitment from the Dezer Family to the City. We all live here,and he has two daughters that will be enjoying this Park as well as the other children in Trump Towers. Mayor Edelcup thanked Mr. Dezer for improving the quality of life in Sunny Isles Beach. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2200 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 Rep Services,Inc. for the Purchase and Installation of a Complete Playground Including Playground Equipment, Safety Surfacing and Shade Structure for Intracoastal Park, in an Amount Not to Exceed $149,999.84, Attached Hereto as Exhibit "A"; Authorizing Waiver of Competitive Bidding Procedures; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Community Services Assistant Director Sylvia Flores reported noting that we were piggybacking off from a contract with Clay County, however, their Contract was up in January to be renewed this month. We did not have the award letter at the time of printing but since then we have received it and confirmed that we are getting the same prices. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution,as amended. Resolution No.2014-2201was 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, Declaring the Month of March as"Bike305 Month";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 Cultural and Community Services Assistant Director Sylvia Flores reported noting that this is an initiative through the County to promote fitness throughout the various municipalities. We would like to support this initiative in hopes that in the future we can expand our interior bike path possibly to Collins Avenue and to connect with other municipalities. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2202 was adopted by a voice vote of 5-0 in favor. II Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida 10U. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Waiver and Release Agreement between the City of Sunny Isles Beach and Lukes' Landscaping,Inc.d/b/a Lukes-Sawgrass Landscape,Inc.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; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Attorney Fernando Amuchastegui reported this is related to disputed landscape maintenance invoices submitted to the City between 2009 and 2010 which totaled approximately$300,000.00. The City is requesting to settle the invoices for $150,000.00. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2203 was adopted by a voice vote of 5-0 in favor. 10V. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Fourth Amendment to the Agreement between the City of Sunny Isles Beach and Lukes' Landscaping, Inc. d/b/a Lukes-Sawgrass Landscape, Inc. for Citywide Landscaping Services 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; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Attorney Fernando Amuchastegui reported noting that the Agreement requires a Performance and Payment Bond for 100%of the total recurring services. The City wishes to waive the Performance and Payment Bond requirement which would result in a cost savings to the City. Public Speakers: None Mayor Edelcup asked how much the cost savings would be, and Assistant City Manager Evans said about $22,000.00. Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2204 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, Opposing the Passage of House Bill 703 Preempting Local Government Authority to Protect Wetlands,Springs and Regulate Stormwater Runoff;Further Opposing the Passage of House Bill 7023 Preempting Local Government Authority to Apply Impact Fees to New Commercial Developments; Urging the Florida Legislature Not to Pass Such Legislation; Providing the City Manager With the Authority to Do All Things Necessary to Effectuate this Resolution; Providing Directive to the City Clerk; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: None 12 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach.Florida Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2205 was adopted by a voice vote of 5-0 in favor. 10X. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Agreement with Harrington Resources, Inc./Parker Systems for the Renewal and Payment of Extended Hardware and Software Warranties and Tier II Maintenance and Support for Seventeen(17) Thirteen-(-13-)3)"Luke"Master Meters,in an Amount Not to Exceed$30,000.00,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; Providing for an Effective Date. Action: City Clerk Hines read the amended title, and Deputy City Manager Stan Morris reported this is a Maintenance Agreement for the City's Parking Pay Stations. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution,as amended. Resolution No.2014-2206 was adopted by a voice vote of 5-0 in favor. 10Y. Originally a Discussion Item 12D: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Requesting the Demolition of an Unfinished Structure Located at 15701 Collins Avenue Subject to the Conditions Set Forth in this Resolution; Providing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note:A revised Resolution was distributed prior to the meeting. See additional action below in Item 12D.]City Clerk Hines read the title. City Attorney Ottinot said that the Resolution was revised and provides the developer an incentive to demolish the unfinished building at 15701 Collins Avenue. The City Manager has been negotiating with the developer based on direction from the Mayor and Commission at a previous meeting to give them credit for payment of Transfer of Development Rights or bonus payments up to the sum of$250,000 if a site plan is approved, or a donation of TDRs in an amount up to 4,000 square feet and two (2) dwelling units to the developer if he meets the conditions of moving forward to demolish the structure or at least obtain a Demolition Permit by June 1, 2014. Additionally the developer will work with the City Manager and his staff and if there is an issue with the permit process, the City Manager may grant an extension of time to procure the necessary demolition permits if the owner demonstrates good grounds for any extension. He knows that the City Manager has been talking to them about the technical issues. Mayor Edelcup said on the proposed resolution you said 4,000 square feet and two (2) dwelling units, that is combined, that is not additive. 4,000 square feet equals to two (2) dwelling units as opposed to what is here. City Attorney Ottinot said that is correct. City Manager Russo said he used all his engineering skills that he could muster at the Workshop to explain post-tension construction and the intricacies of taking that down. It is a 13 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida complex and serious process as he explained at the Workshop. You have to take this down in very small sections,every single cable has to be de-stressed individually through a process and that is what came back up into the time frame. They have got engineers on board and they have started the permitting process, and are waiting for their final plans for submission of that and they believe, and he still believes that they can get their permit by June 1, 2014 and be on their way to taking the building down based on their meetings with the Building Department and the developer's representative. Mayor Edelcup said the purpose of this whole incentive was to get the building down so that we wouldn't have that eye sore sitting at the south end of the City and creating a problem for the neighboring residents. He is happy to see the dates put in here, and hopefully it can be done within this time frame. He recommends that we actually propose and pass this resolution. Public Speakers: Harold Gordon; Greg Nicklas Harold (Sonny) Gordon is the President of the Tropicana Condominium Association, and they are here because they are the most affected entity by this structure known as Solis, having lived next to it for many years. They applaud the City for the initiative that they have taken to have this demolished. The previous developer caused damage to them and we were in discussions with them to rectify those damages when they became insolvent. We now have damages to our building and no solvent person to do the right thing. Now we have a new owner and we should not be made to suffer again,and if this Resolution goes through as drafted, it does not do the job for us. We need protection from what happened before. We are not talking about monetary protection because we are not here to ask for a handout. We suggest the new owner put in place appropriate insurance to cover us from the damages we may suffer with a credible insurance, with appropriate deductibles and other terms and conditions, subject to our approval and we will always act reasonably. Moreover, we must be a named insured, and that means if there is damage we can go directly to the insurance company, we don't have to depend on the developer. This is a minimal protection that we should have, we need it, and we deserve it. Not to do so would be putting us in double jeopardy, we would suffer the same damages. As the City Manager explained, the demolition is tricky and things happen when the demolition occurs, and we need that protection. And so we urge the Commission to give us that normal protection, the most affected neighbor needs to cover their exposure. Commissioner Levin asked him what damages did he incur from the prior developer,and Mr. Gordon replied they have cracks in the building,the swimming pool,and the hot tub because they had their cranes over our property without consent or permission. Commissioner Scholl asked if we can induce the demolition contractor to make the adjacent property owner additionally insured? City Attorney Ottinot said yes, legally we can request that. Commissioner Scholl said it is very close and so he does not have a problem with that, he thinks that is a reasonable request and he knows they have been living through the nightmare of being next door to that thing for a long time. City Attorney Ottinot said we can put that in the Resolution. Mr. Gordon said he would offer his time and attention to the City Attorney. Vice Mayor Aelion asked if he had requested the same insurance the first time around prior to the original built, and Mr. Gordon said no. The first time around, the previous developer was unusual to deal with, we are a small condominium with just 48 units. Commissioner Scholl said he thinks what we are hearing is that the City is going to induce the contractors to 14 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida make it happen. Greg Nicklas, Member of the Board of Directors of the Tropicana Association, thanked the Commission for the creative way they are incentivizing this new developer to help us get this thing down in a hurry. The little interaction that he had with the previous developer and with this one,there is quite a bit of difference. Essentially they are interacting with us in ways the previous developer did not. One of the things they would like to ask the Commission is to give us a bit of a seat at the table when discussions are happening about things that are going to affect us. He saw the earlier memo about the issue, it said in Section 2.1 that you were going to require that the permits be pulled by no later than May 1 and demolition to begin by June 1. Is that still the same? City Manager Russo said what we are saying is that we will give them leeway in that if we know that they are on the verge of a permit, we know they are diligently doing it, we know it is being held up by a review by one of the environmental agencies which is a big part of this, then we will work with them. Mayor Edelcup said we will work with them in good faith. Mr.Nicklas said if we can establish some mechanism for dialogue so that we are drawn into the discussions before things happen, and City Manager Russo said that is no problem. Mr. Nicklas asked if we know approximately how long demolition will take once it begins,and City Manager Russo said it is probably going to take about 14 weeks to get it down as it is a slow process. It is a slow process but that slowness is for safety. Mr. Nicklas asked what is going to be there once the structure is down, and City Manager Russo said that will be subject to their site plan,it will certainly have to be cleared away,cleaned up,and meet our requirements. We have requirements in our Code now for a construction lot prior to construction, and they will have to meet those requirements. Commissioner Scholl said he thinks the good news is that he has got a reputable developer,it is a partnership between Chateau and Fortune, and the other piece, the need for site plan approval, makes everybody behave because if you are not happy then he will not be happy. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution, as amended, that the adjacent property owner,the Tropicana, gets named as an additional insured, and Mr. Gordon and the City Attorney finalize the policy limits and the deductibles during the demolition process. Resolution No.2014-2207 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding the Electronic Signage Issue (CAC). Action: Deputy City Manager Morris reported clarifying that this is based on a recommendation that was brought to the Commission from the City Advisory Committee (CAC). The City Commission had asked the City Manager to review and bring back recommendations regarding electronic signage. Billboards were mentioned as a possibility during our initial discussions with the CAC but it is clear from our Code that billboards would not be permissible. However,electronic signs,signs that are similar to the Norman S. Edelcup School, are permissible by Code. The Code provides different locations and sizes 15 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida for signage. The first step would be if this is something that the Mayor and Commission wants to do, and secondly we would ask that there be specifications, including the color of lettering of whatever verbiage is on the signs, as well as the location and we have some suggestions: Heritage Park, Samson Oceanfront Park,Town Center Park and Gateway Park as well as the Government Center. Deputy City Manager Morris also suggested a maximum allowable size of 48 square feet and for the information to be restricted to the City of Sunny Isles Beach for government purposes such as special events. The Code specifies that these types of signs cannot revolve,rotate,or flash,and the verbiage on the sign has to be static for 24 hours before it can be changed. In terms of the fiscal impact, he tried to get some rough estimates but it all depends on the size of the sign. Just to give you a general idea,the size of the sign on the school is roughly 70 square feet, and the cost at that time was approximately $32,000.00. If you look at the size of the monitors that we have here in the Chambers,those are roughly 5 x 3, and the cost was approximately $3,000.00. And so the cost is going to vary depending on the size and the installation. We are looking for direction from the Commission as to what you would like us to do next. Mayor Edelcup noted on the last page of the memo some recommendations of locations and size. He thinks we need to have signs in the parks that advertise our events and regularly visible for people visiting the parks and walking through the parks. Uniformity and a clean look probably would be much better and so he concurs basically with your recommendations. We can start by looking at Heritage Park, Samson Oceanfront Park, Town Center Park, and Gateway Park when it is built, and maybe something in front of City Hall that would notify events that are taking place within the City. The other thing he would add is the prohibition of commercial advertising taking place on it,no basketball signs,or anything that somebody would try to advertise for commercial purposes, it is strictly for governmental use. Vice Mayor Aelion said on the last paragraph on your comment before your recommendation, you ask direction to designate a specific size in other areas. Are we to understand that your recommendation is an exclusion of these other areas or is it something that you are seeking guidance of change of size for these other venues that may be coming before this Commission in the future? Deputy City Manager Morris said he thinks what we would ask is that this maximum allowable size be brought back before the Commission and he would work with the City Attorney's Office in the form of an Ordinance so that it would be restricted and it would not be left open to interpretation in the future. The Commission instructed the City Manager and the City Attorney to prepare an Ordinance and present it at the next Commission Meeting. 12B. Discussion to Move Forward on the Acquisition of Land of Porto Bellagio and Salem House South for Emergency Bridge. Action:[City Clerk's Note:See additional action under Item 4A.J Deferred at the request of the Attorney for Porto Bellagio. 12C. Discussion regarding Bella Vista Bay Park. Action: City Manager Russo said this item started out as a discussion on what we are going to do moving forward with the City's Bella Vista Bay Park property. When we discussed 16 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida this at a previous meeting we put a time requirement on the potential development of this property. He is happy to report that there has been a meeting of the minds between the proposed combined development of this property with the property already approved, the Synagogue on the site next door. We have Avra Jain, the proposed developer, and Rabbi Alexander Kaller here and their formal request is to give them time to come in with the proposals since they have had a meeting of the minds and doing a combined development on both sites. Public Speakers: Avra Jain; Rabbi Alexander Kaller Avra Jain said we have been working for several months now with the Rabbi and the development team, in trying to come up with a joint effort project that we think will be a win-win situation not just for the Community Center but for the City and hopefully for the Gateway Park site. She said they do have conceptually an agreement and some of it is contingent on the City's support. At this point they would be looking to the City to help them explore and make sure that the ideas that they think are compatible with the Jewish Community Center, getting the identity and the presence that they are looking for, and the feasibility of an elegant gateway project into the City. They would also like to pursue the extension of the boardwalk with the City's support. Rabbi Alexander Kaller said as Ms. Jain mentioned,we have been in discussion for the past few months and he thinks they are coming to an harmonious concept and their architects are also in contact to see how these two projects can work together. We had certain concerns but he thinks they are on their way to being resolved. Commissioner Scholl noted in the way of disclosure that he and Rabbi Kaller have met a few times and discussed this over the past few months. He has a number of issues with this,first and foremost, if we are going to sell a piece of public property, we have to have a process. He doesn't think the first person that knocks on our door and wants to buy that property we make a deal with. He has been very supportive of the idea of a Jewish Community Center in that area because he felt it was a great use for that property as it was adjacent to a park and it was not that intensive. He personally feels putting another high rise at the bottom under the bridge is 10 pounds in a 5 pound bag for lack of a better analogy. With that in mind, he would like to see a process, and he does not know the developer's credentials or if there is financing,and he does not know for us to consider tying up a piece of City property without a public process that would at least put it out to the highest and best bidder which may or may not benefit the Rabbi. First and foremost that is what we have to be careful of here is that the perception that somebody can walk in and say okay the City has a piece of property and we want to buy it, and we can say okay we will sell it to you. Very much what happened with the Alamo project, we tried to make a deal on the first pass, it fell apart and someone else came in and then we had a series of issues based on competing buyers. And so in this case he thinks we are getting the cart before the horse if we are not careful. Developer Avra Jain said she is involved in the Regalia project, and Commissioner Scholl asked if she is a principle in the Regalia project, and she said she was a principal, and she is still currently a partner in the project,she was the original developer. She also noted that she has had meetings with the City Manager and the Mayor and they knew of her background. 17 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach.Florida She didn't want Commissioner Scholl to think she just came off the street. Commissioner Scholl said it is just a process concern. Mayor Edelcup said that Commissioner Scholl raises a valid point. If we were to dispose of a piece of property, it would have to go through a public process to make sure that the City is paid an equitable price for that property, and the only way to do that is to advertise it,and he doesn't see how we can circumvent that. He said for background purposes the way this all started out was when the Rabbi decided to build a community center there and we in turn had already moved forward on Gateway Park. There was a question of whether or not it made any sense to develop Bella Bay Vista Park across from there and so this is in a series of events that are leading to maybe a conclusion that would be a win-win for everybody but we should all be mindful of Commissioner Scholl's comments. 12D. Discussion g re ardin Request for Demolition of an Unfinished Structure Located at g q 15701 Collins Avenue. Action: [City Clerk's Note: Moved to Item IOE See action above.] 12E. Discussion of the Mayor's Proposed 501(c)(3) Foundation, the First Quarterly Report of Lynn Dannheisser, Project Manager, Dated December 1, 2013, and the By Laws Attached Thereto. Action: Commissioner Levin reported that on Sunday, July 14, 2013 she together with the Commission were sent an email by the City Manager with an attachment entitled "The Mayor's Proposal for a 501(c)(3)to Benefit the City of Sunny Isles Beach". In a nutshell,the idea is to create a 501(c)(3) Foundation that would work together with the City to provide arts and cultural events for the City, develop arts spaces, specific engagements, engaging children, etc. The City Manager said he was going to contact each of the Commissioners individually to discuss the proposal. She had some questions that he was unable to answer and we had a conference call with Lynn Dannheisser who has been retained as the Consultant Project Manager for the 501(c)(3). At this point of time,this was the first time she had been made aware of the proposed Foundation or anything of that type whatsoever. Two days later on Tuesday, July 16 at the Workshop, the proposal was discussed and it was presented in a way such that it was to undertake studies and due diligence to see if it would be feasible to have this Foundation. At that Workshop she asked for the record, "And so this is strictly to conduct due diligence to see if this Foundation would be something that is feasible for the City", and she was told yes. She was also asked what she thought about it at the Workshop and she said it sounded like a good idea in theory but she could not agree to anything until she had heard more, and was ready to make a decision as to whether she thought we should move forward. Commissioner Levin said on September 26, 2013 at the Commission Budget Hearing, we approved Resolution No. 2013-2121. The Resolution was strictly limited to authorizing the City Manager to negotiate a consultant agreement with Ms. Dannheisser acting as a Project Manager in an amount not to exceed $72,844.00, and that was the extent of the Resolution. Subsequent to that time, the City Manager negotiated the contract with Ms. Dannheisser based on the Resolution. She had no input in it whatsoever, she does not know if other 18 Summary Minutes: Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida Commissioners were contacted for their input,but she was not asked what she thought about it or if she had any comments with regard to the provisions. On or about November 22,2013 Ms. Dannheisser asked to have a meeting with her, and she believes Ms. Dannheisser also met with the other members of the Commission individually. At the beginning of the meeting she handed her a memorandum that was marked draft, she had no time to read it. Ms. Dannheisser came to her and made her presentation, she left the meeting and took the memorandum with her, so she had no time to review it. She remembers during the meeting being a little confused because all of a sudden this thing had a name and it had a direction and she really didn't know where that came from. Commissioner Levin said on December 19,2013 Ms.Dannheisser made a presentation at the Commission Meeting, and during that presentation she stated and she quotes from the City Clerk's Minutes,``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 taxpayer dollars." Again, she can't speak for any other members of the Commission, but for the record she wants to make it clear that she had never agreed to the formation of the Foundation or to anything more than the due diligence associated with determining whether or not it would be feasible to do this. That having been said, we were given a first quarterly report of the Project Manager Ms. Dannheisser, and throughout this report it states numerous times that the Commission agreed to this, and again speaking for herself, she has never authorized anything other then Resolution No. 2013-2121. Commissioner Levin said now that she has made that clear for the record, this is more for discussion by the Commission. She thinks it is imperative on the Commission to decide if we move forward with this, whether or not this will be a creature of the Commission itself and the City, or whether it would be an independent Foundation. The way that it has been proposed, it seems there is a crossover. The quarterly report anticipates that it will be operating completely separate from the City yet there are provisions that the Commission now seated would choose the first people to serve on the Board. The Mayor would serve on the Board, he would not be a voting member until after he was out of office which pre- supposes that we have already agreed to form the Foundation. The City Manager or his designee would be on the Board. She just feels that there is a lot of crossover in that how can we appoint people to the Board of this independent organization. If we have people from the Commission on the Board, how is there going to be any way to keep it from being a conflict of interest if they are on the Board and they are coming to the City and asking for money or for in-kind contributions? Commissioner Levin said another issue is it was suggested that the Foundation would have an office in Government Center. Just a few months ago the Commission was asked to pass a Resolution giving former elected officials a place in City Hall to come and hang out,and we voted against it. So if we were to have this Foundation and have this crossover into City Hall where there is an office here, we are setting a bad precedent because we are going to have other 501(c)(3)organizations coming to us. We can potentially have the Mayor coming back to City Hall after his term is up and being here under the guise he is working for the Foundation. Commissioner Levin said in addition to that even if we did have this Foundation, in addition to not allowing there to be an office in City Hall for the Foundation, if you are not an elected official,and you are not currently an employee,you should not have 19 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida access to City property other than as a regular visitor like anybody else has. Commissioner Levin said another thing that was proposed was that the Commission would initially fund the Foundation until such time as the Foundation had garnered enough money to start operating on its own. Again, we are stuck with the issue as to who is going to be funding this and calling the shots,are we going to be doing this or is the Foundation going to be doing it? She believes there was nothing concrete about anybody, the removal or the turnover of the Board to non-Commission members. It was proposed that there would always be a Commissioner and the City Manager on the Board. Those are her thoughts on this. She wanted to set the record straight and she wanted to put these ideas out there so that we could have a discussion among the Commissioners if they choose to because we obviously have to do this at a public forum. The City's Consultant, Lynn M. Dannheisser,Esq.,said she believes that the Foundation is a creature of the Commission,and she thinks probably the determining document,at least that has been guiding her in her actions for the Foundation and the due diligence and the recommendations, are best found in the Agreement between the City and herself which was drafted by the City Manager and the City Attorney with some input by her. But the services that she was retained to do,and she quoted from her Agreement: "The Consultant shall act as the Project Manager for the purpose of directing,assisting,and managing the creation and the potential programming of a nonprofit Foundation to partner and/or be affiliated with the City of Sunny Isles Beach in order to accomplish two objectives through charitable and proffer contributions: 1)the maintenance of current cultural and quality of life infrastructure;and 2) the continuation of the design and implementation of a series of original 21st Century initiatives which will have originated with a set of proposed initiatives to be endorsed by the City Commission." She understands that it is a little amorphous in that when you begin something,you create it out of whole cloth,when the City is involved in that,it is almost like the Charter Commission. The Charter Commission became very involved with the City, it created the City, and then some members of the Commission ran to become an elected official. There is a crossover between the City and the Foundation. The Foundation is being created as she was instructed to do by the City Commission although the goal is clearly for it to ultimately be an independent entity but it can't start out that way. It needs support. Commissioner Levin asked Ms. Dannheisser how the Commission instructed her to do that because she was only involved in one Resolution? Ms. Dannheisser said that Resolution resulted in this Agreement which you instructed the City to create. Commissioner Levin said under the impression that this was only to do due diligence as she put on record at the Workshop. Mayor Edelcup said he thinks in Ms. Dannheisser's first report we went through the difference between an independent organization or an organization that was part of the City. We determined that the Foundation had to be an independent or it would be subject to all the Sunshine rules and laws and that it would also complicate the operation of it if it were considered a organization that was not independent. Ms. Dannheisser said in fact she was instructed to do it independently but after she researched and she saw that there was different ways to do it, she felt an obligation to report that to the Commission, and give you the pros and cons of each approach. You certainly have the right at any point in time to re-evaluate and to make a different decision but she is moving forward based on the services she was contracted to provide. She does only have a 20 Summary Minutes:Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida limited amount of time, she has been instructed to do this within a period of one year and this is a huge undertaking. As she speaks to people around the country who are engaged in these sorts of cultural arts foundations the information that is coming to her, including from our own local Knights Foundation, is it takes about three(3)to five (5)years for something like this to become successful. If the Commission does want to proceed with this it needs to be patient, and we are right on track in terms of the schedule that she is following to make this happen. She does not think Commissioner Levin is alone in the push and pull of public/ private ventures. She recently read an article in the Wall Street Journal about the Park Foundation that New York City has created, and it has raised a huge amount of money. The debate is whether the City's budget should be used for maintenance purposes after private money has been given to create these various parks. There is an enormous debate going on and a lot of push and pull about that. Also former Mayor Blumberg had created an art Foundation,and the new Mayor DeBlassio has appointed his wife to run that Foundation and it is definitely a crossover between the City and all of these private groups. What she is getting is that same push/pull that is happening everywhere around the country. Historically it has been the City that does all the cultural arts and parks but with taxpayer dollars shrinking across the nation and there is encouragement nationally for there to be more volunteerism and more private contributions,this is what has arisen. And as she reported in our first discussion in that Workshop,the National Civic League is starting to endorse private Foundations to assist and affiliate with cities to support activities. In fact, when she first inquired about it,we got an email from the Executive Director of the National Civic League commending the City for taking this kind of progressive approach for cultural arts. Mayor Edelcup said the concept was to create a Foundation that would supplement revenues to the City in order to provide additional cultural programs that maybe the City could not do on its own and this would be a mechanism that would aid the City and maybe reduce the City's internal budget for cultural programs. By having an independent organization this became a 501(c)(3)that would permit tax deductible donations by individuals,not for-profit people, or it would also open the door to additional grants that would be available to Foundations that are not necessarily available to the City. This was a project that we were trying to start and in the worse case if it failed, it was worth the effort to start it to see what could be determined and what could be raised. If nothing got raised then the City is right back to square one where it is currently today and it funds 100% of whatever it does every year. If the Foundation is successful, the City may no longer have to fund 100% of all the cultural events that takes place or the City and the Foundation can create more events then what is currently available. In addition, we are reaching out through the Foundation to people that are philanthropic in nature as well as other governments of other Foundations that give grants to Foundations such as this one that wouldn't otherwise be available to the City. It was really his thought that this agency or Foundation that we were going to create had to get its birth through the City but it truly would be an independent organization once it had been created. Ms. Dannheisser said but there is a transition. Mayor Edelcup said but you have to get from point A to point B and so what we did was hire Ms. Dannheisser to see the feasibility of putting together a structure such as this. There was never a commitment that the City would fund it in the future or that the City would ever make donations to the Foundation,and Commissioner Scholl said it was actually prohibited. Mayor Edelcup said it was creating a Foundation to look for outside funding run by an independent group because again you couldn't get the conflict of interest. If we have people on the Commission on the Foundation, you automatically create a conflict of interest. 21 Summary Minutes:Regular City Commission Meeting February 20.2014 City of Sunny Isles Beach.Florida Ms. Dannheisser said one of her first tasks was to identify all those organizations from which we will seek and which provide grants to organizations like that which was in the first report. The second thing was to identify potential programming,and again,it is a catch 22,you can't get the funding without the programming. You have to have programming for which funding is available and so she had to research that, and she will be giving the Commission another report next month. Mayor Edelcup said in order to keep this clean and to maybe take care of some of the Commissioners questions and desires,there is no reason why you could not form this Foundation using three (3) independent people or more right now to create the Charter and the By-Laws and the legal formation of this entity. It does not require any Commissioner or City employee to be a participant in that formation other than it was done under the contract that the City had with Ms. Dannheisser. Ms. Dannheisser said that in fact would report on the outreach that we have done to identify outside individuals who might be willing to serve on this Board. But as it was pointed out to her by the Knights Arts Foundation Director the likelihood of finding people who would be interested in supporting Sunny Isles Beach cultural programs outside of Sunny Isles Beach is highly unlikely and so we are trying to identify people within the community who will do that. The reason though that we want somebody from the Commission and from the City on the Board is because as we also discussed,a lot of this is going to be done on public property and before we come to you to ask for permission, both for the programming and the use of public property, she thinks it is best to have staff input saying right up front, no that is not acceptable or that is a possibility and I can recommend that to the Commission. Commissioner Levin said you can ask people at the meetings without them serving on the Board and there is no reason why the Foundation can't be formed outside the City by somebody else later on like all the other Foundations are,and there is no reason why the City needs to support this or be involved in it at all. Commissioner Scholl said we jumpstarted and Mayor Edelcup said yes,we jumpstarted by hiring Lynn Dannheisser to put this together but that is the extent of our involvement. From that point on it is going to have to carry itself with independent people,he does not believe any Commissioner or Mayor currently serving should be on that Board because there is a direct conflict of interest. But certainly to get the organization formed that's what the$72,000 commitment was. Commissioner Levin asked who was going to pay the legal fees to have it formed, and Ms. Dannheisser said that is part of what she is doing in forming the 501(c)(3),that is part of the remediation. Mayor Edelcup asked what is the cost of the filing fee,and Ms. Dannheisser said that is in her notes at home but she will include it in her next report but it is minimal in nature. City Attorney Ottinot said the filing fee for the Seniors was less than $1,500 because you have to do a 501(c)(3) stamp, that is usually about $800. The corporate filing fee is very cheap but the most expensive part of the filing fee is generally file status with IRS who charges about $800. Vice Mayor Aelion said in order to prevent the inevitability of this push and pull which you presented that was happening with New York, we would like to believe that you are recommending a member of the Commission on this Board. You did not specify the timeframe but you recommended that in light of the other reasons that you voiced and there lies one of the issues that were raised in our minds about conflict of interest. When somebody has the advantage of being part of the Board and then sits on the Commission will have to decide basically having a predetermined mindset in advantage of the decision making 22 Summary Minutes: Regular City Commission Meeting February 20,2014 City of Sunny Isles Beach,Florida process. So he thinks like you mentioned this is in a amorphous stage but he does concur with Commissioner Levin in many points brought by her that the thing should have been presented as a draft form of the complete recommendation prior to the Commission entertaining the decision making process for the 501(c)(3), and not take it as it goes along because even post your presentation, the mandate was specifically as voiced by Commissioner Levin was limited to that. He thinks the proper way to go forward is indeed to structure this taking into account all the question marks that may be raised infrastructure something that would minimize again the push and pull in the future. Ms. Dannheisser said to be clear, you have not approved a set of by-laws, or the articles of incorporation, nothing has been formally approved. Vice Mayor Aelion said he did not mean that, in your conversation and he is making a disclosure here, he had a very lengthy conversations with Ms. Dannheisser. City Attorney Ottinot said he thinks that the Mayor based on Commissioner Levin's comment and your comment was basically instructing Ms. Dannheisser to make individuals/independent on the Board. Commissioner Scholl said he commends Commissioner Levin for speaking her mind. In his mind what is happening here is we basically came up here and gave general guidance to the City Manager to appropriate$72,000.00 to hire Consultant Dannheisser and let's take a shot and let's see what she comes up with. It was not to form the entity and go out and create the Board and do all those things. It was for her to come back and say here is how I think we should do it. Sometimes he thinks we get too mired in the details of that because that is what we are supposed to do, to say City Manager go and take care of that. And then Ms. Dannheisser gives us periodic reports and we see if we like something or we don't like something. He is in complete agreement with Commissioner Levin in that he has said from the beginning that he does not want to fund this,and he does not want to redirect money that would normally come before this Commission for cultural things to this entity because as a Commissioner he believes we should have control. A developer comes up here and says we are going to give you$500,000 for Art in Public Places,okay that is under the Commission's purview. We are not going to subjugate that authority to a third party entity that we may or may not have control over. He thinks we have all been crystal clear about that and so he completely agrees with Commissioner Levin on that but he thinks where we got a little confused is more form over substance in terms of where it is at today and where it is going. He is pretty clear on it. He thinks it started out with the potential of going into a certain direction and we quickly realized that we don't really want to cede that control to any other entity. He thinks that Ms. Dannheisser is starting to realize as she talks to major benefactors that you need that independence anyway if you are going to attract the right kind of organization to help a partnership like this. To the Mayor's credit, he does believe that we have to birth it, he doesn't know if it is going to get off the ground without us, and that is where that seed money came in. He feels that in hiring Ms. Dannheisser we are saying okay, figure it out and we are willing to fund something to kind of get it jumpstarted and get it going just like we do a lot of our other organizations around here. Sometimes they work,and sometimes they don't. A lot of these other organizations he is very critical of because they become political and it aggravates him because we fund something and then all of a sudden they become political and that is always a problem with him. But he thinks in this case we are still in the exploratory phase and until Ms. Dannheisser comes back and says I want to form this Board composed of this many members, then we are going to really debate this thing. 23 Summary Minutes Regular City Commission Meeting February 20.2014 City of Sunny Isles Beach.Florida Vice Mayor Aelion said that Ms. Dannheisser said that it was hard to find candidates to sit on the Board and she thought it was appropriate for one Commissioner or Mayor to sit on the Board, and so that needs to be clarified. Ms. Dannheisser said she was thinking about the City Manager or a staff person but she would like to ask for additional clarification because Commissioner Levin has raised a question on the process and she questioned the by-laws. There is no way for her to float the by-laws to figure out what it is that you want in a document that is complicated like that unless she sent it to each individual Commissioner, and you give her feedback on it. Commissioner Scholl said that Ms. Dannheisser has been doing this for a long time, she knows what is critical, you can abstract it and hit us with the critical decisions. Ms. Dannheisser said that is what she wanted to hear. Commissioner Levin said she is an attorney and she does not want to be abstract, she wants to look at it, and she wants to make her own opinion. If we say the Foundation is going to be completely independent then how can we be involved in the articles and the by-laws and the drafting and what happens? Mayor Edelcup said you shouldn't be, at a certain point let it go because it is going to be an independent board and not the Commission who is going to be running that board. Nobody on this Commission really should be on the board because it is a conflict of interest. Commissioner Levin asked if they would get a copy of the by-laws to approve, and Mayor Edelcup said no,they don't need to be. Commissioner Scholl said because we are spending the jumpstart money, and Mayor Edelcup said the minute we start trying to nickel and dime and approve sections of this whole thing is a big mistake. Commissioner Scholl said that was his opening comment, the form over substance. What we are getting confused with is that we are not tasking the Manager with the directive, we are not saying to the Manager, take this money,work with Ms. Dannheisser,get an independent Foundation formed and let them run with it. If we stay involved in it,and if we want to that is our prerogative,again,he is very critical about us being too involved in the managing of the City, saying we are policy makers and the Manager is here to run the City, and we have a City Attorney and a Finance Director, and let those professionals run the City. Vice Mayor Aelion said then did we start already in the wrong way by allowing this? Commissioner Scholl said no, but to Commissioner Levin's credit what she is saying is that if we are giving money to do something I want some input. I guess what we want to reconcile is do we really want to get involved in that or not, he personally does not but she might. Mayor Edelcup said you beg the issue if you go down further on this path because yes you can approve every individual item in the by-laws or whatever is created and then the independent Foundation can go ahead and change it and so what have we accomplished? And so it becomes a waste of time for us to have our input in there, and he agrees with Commissioner Scholl, we gave the Manager the task, let him complete the task, let the independent Foundation get created,and the Commission will either benefit by the success of the Foundation or the Foundation will fail and the Commission is no worse off Commissioner Levin said if the Foundation is to be completely independent, it has to have offices outside of the City. Commissioner Scholl said we went through a bunch of permutations here,there is no doubt,he thinks in the beginning,it was discussed with him to take 25% of the Art in Public Places money and direct it to this, and he said no, he is not interested in doing that. This is independent and he does not want to redirect money that would be under the purview of the Commission and the City for this purpose. We have to be careful with these issues and making more out of them then they are. 24 Summary Minutes:Regular City Commission Meeting February 20.2014 City of Sunny Isles Beach,Florida Commissioner Gatto said up front she was very against us funding it and getting involved and then as we progressed and talked about it, she understood the need for us to launch it. She knew that she was voting on not just exploring it but going out and actually hitting the ground running. From the little that she knows and had some peripheral participation in,you are developing a name here and you are putting a lot of man hours against this name along with other things including a logo, a tagline, creating a website, and then you have to file with the IRS. There is a lot of start-up stuff that needs to go on before you can even get into what has been discussed here and she is talking about basic stuff She understands that but she wanted to talk about something that we debated,and there was a little bit of semantics. It is actually defined by Commissioner Levin as the Mayor's proposal which it is, but Ms. Dannheisser and I debated this. Now it is a City project and she thinks that is how we need to view it. This is something that the City is involved in,and yes we are helping to launch it, and she thinks semantics wise,if we continue to call it the Mayor's project we sort of attach the Mayor to it. Mayor Edelcup said he had no pride of ownership of it, and yes he initiated the program but call it whatever you want. Ms. Dannsheisser said again anytime you are creating something, somebody has got to start it. It is somebody's project but then it becomes the City's project. That is what is happening here and next month you are going to see a lot of work that has been done in the last three(3) months in the vein of what Commissioner Gatto is talking about such as the logo, the website, the scheduling, etc. She does want feedback on it, it is not her Foundation, it is yours. Commissioner Scholl said he has no issue if we are asked for feedback but his point is that he does not want to meddle. We are obviously doing the jumpstart funding, and again, he does not disagree, if Commissioner Levin wants to look at something, she is entitled to look at it. Commissioner Levin said from the very first moment that this came to light in the Workshop she never was ready to move ahead with anything and she wanted to hear more and know more. It was always her understanding that Ms.Dannheisser would get involved and look for grants, and then all of a sudden in her mind it morphed to something else. She pointedly asked the Commission at that Workshop,and so this is strictly to do due diligence to see if it is feasible to move ahead and the answer was yes, and she remembers it because she asked the question with intent. Ms. Dannheisser said all of this is part of the feasibility,you won't know if it is going to get launched or not until the end but all of this stuff that we are doing is necessary in order to launch it. That is why it took a consultant rather than staff to do it as it is a lot of work to do. Commissioner Levin said she knows but she does not think the articles and the by-laws were due diligence, that is getting there, that is planning it, that is forming it, that is moving ahead and doing it. Mayor Edelcup said he thinks the main instruction is, and he hopes the Commission totally agrees is that no elected official is to be on that board, and any staff person, and no more money. Ms. Dannheisser said for the sake of transparency she is going to continue to feed all of the information to the Commission, and if you can respond to her and react as you deem appropriate. Mayor Edelcup said that their response would be to just give our comments,not to give approval or disapproval. Ms. Dannheisser said correct, we can't do that out of the Sunshine anyway but she is getting information from the Commission. Commissioner Scholl said he thinks tonight to Commissioner Levin's credit we got clarity,he thinks it was cloudy 25 Summary Minutes:Regular City Commission Meeting February 20.2014 City of Sunny Isles Beach.Florida and does not disagree with her and to her credit she basically put it on the table and said let's clarify it, and he is clearer now. Ms. Dannheisser said it was a little precipitous in that she wanted to come back next month and get your guidance but now we have done it and so we will just focus on the things we didn't discuss tonight. City Manager Russo said then is he clear on saying we should go forward with the total private board independent people? Commissioner Levin said she does not know who is going to pay for it, and Mayor Edelcup said it is not going to be the City,that is your answer. Commissioner Levin said before any additional costs and expenses that need to be incurred in order to move it forward. Ms. Dannheisser said the cost of filing is going to be paid by the City but that is the extent of it. Mayor Edelcup said we are talking about $1,500 - $2,000. City Manager Russo said the Consultant and even Legal work to file it is covered by this but not our filing costs,etc. City Attorney Ottinot said the legal costs which basically he helped the Senior Group, was less than $2,000. It was a $500 fee for the attorney, and there was $800 for the IRS fee. Mayor Edelcup said because this came up we have finally determined that an elected official should not be on this board. We need to look at a resolution that says in the future no elected official should serve on any board that is a recipient of any funding from the City or in-kind contributions. City Attorney Ottinot said that should be an Ordinance, and Mayor Edelcup asked that he bring that Ordinance forward. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:26 p.m. Respectfully submitted by: Approved by the City Commission on March 20,2014 / ( Jane A. Hines, MMC, City Clerk or 'an S. Edelcup, Mayo 26 i 5" ,.r City of Sunny Isles Beach 18070 Collins Avenue '' )T Sunny Isles Beach, Florida 33160 s p�; ��° ,' (305)947-0606 City Hall a FqC ^. (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Jane A. Hines, MMC, City Clerk DATE: 3/20/2014 RE: Summary Minutes for the February 20, 2014 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the February 20, 2014 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: • Summary Minutes Agenda Item No 3B Date 3/20/2014 8