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HomeMy WebLinkAbout2014-0320 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March 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 Attorney Fernando Amuchastegui Commissioner George "Bud" Scholl Timothy Bryd, President, K-8 Student Council 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Timothy Byrd led the Pledge of Allegiance to the flag,and City Historian Richard C. Schulman gave the invocation. [City Clerk's Note: See additional action under Add-On Item 5B.J 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 Tim is interning on our Commission so that when he graduates some day he too can be one of our Commissioners here in Sunny Isles Beach. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting/Executive Session— February 20, 2014. Action: 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— February 20, 2014. Action:Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 3C. Special City Commission Meeting—February 27, 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. Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items; Hear Out of Order: Hear Item 1OF after Item 5A. Honoring Dan Paul; Revision and Additional Information: Item 7D. Revised Ordinance re: Purchasing Consortiums. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS 5A. A Presentation Honoring the City of Sunny Isles Beach, Florida, with the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2013/2014. Action: City Manager Russo reported that once again the City has been awarded the GFOA Distinguished Budget Presentation Award. This year this award is a little extra special in that we were without the Finance Director and Assistant Finance Director during the timing of the preparation of the budget. Our new Finance Director and Assistant Finance Director came on board during that process. This was a very difficult time period, we are always in good financial shape,but getting everything together was quite a task this year. Besides the Mayor's expertise we had some considerable help from Executive Assistant to City Manager Cheryl Williams,and from Cultural and Community Services Director Susan Simpson with her institutional knowledge of many of these projects. In light of these special circumstances this year he invited not only the Finance Department up to accept this award but also Susan and Cheryl. The Commission presented the Certificate of Recognition for Budget Preparation Award to Finance Director Audra Curts-Whann on behalf of the team including Finance staff: Assistant Finance Director Tiffany Neely-Jean; Accounting Tech. II Elena Pavlova;; Senior Accountant Joe Glendale; Accounting Tech. II, Janet Diaz-Rego; and Purchasing Agent Andrew Rozwadowsi. [City Clerk's Note: Item 10F was heard after Item 5A.] 5B. Add-On: A Proclamation to be Presented to Richard C. Schulman Proclaiming March 21,2014 as "Richard C. Schulman Day" upon his 80th Birthday. Action: [City Clerk's Note: Heard after the Invocation.] Mayor Edelcup and the Commission surprised City Historian Richard C. Schulman with a"Proclamation" and the "Key to the City" upon his 80t1i Birthday tomorrow, March 21, 2014. Mayor Edelcup announced there would be cake and coffee in the 15t Floor Meeting Room after the meeting. Richard thanked the Commission and everyone else for this wonderful surprise. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 2 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida 7. ORDINANCES FOR FIRST READING [City Clerk's Note: Item 7A was heard after Item IOF. The remainder of the agenda was heard in order.] 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Chapter 33 "Code of Ethics"to Clarify that Elected Officials are Prohibited from Serving on the Board of Directors of for Profit or Not for Profit Corporations that Receive Monetary or In-Kind Benefits from the City; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Commissioner Levin said she didn't know if this Ordinance goes far enough. She thinks it should trickle down to Department Heads as well because there is always the potential for conflict of interest or the appearance of impropriety by having somebody who is in the position of authority within the City to also serve on a board and vote, and then come to the City to ask for money or in-kind contributions. The threshold could be determined in different ways,perhaps on who is required to file the Statement of Financial Interest that the Elected Officials are required to file because that is a threshold that the State Legislature has determined to be applicable. It could be something that we could begin with by prohibiting it and then see how it goes, and down the road maybe amend it to permit it after we see how the City is interacting with the Foundation. Commissioner Gatto said one of the things we talked about at the Workshop on Tuesday that she brought up was if you wanted to take it a step further to include Commissioners not serving on boards of condominiums because in a lot of ways we are privy to a lot of inside information that may be used as an advantage to a particular building. But then our discussion revolved around, it is legal to do that but it is really more of a personal ethical situation. She would be willing to look into Commissioner Levin's idea. Mayor Edelcup said certainly the item that Commissioner Gatto raised is something similar to what he and Commissioner Scholl did when they became Commission members. We resigned from the Atlantic Isle Civic Association which is the equivalent of the home owners association,but we did it on the basis of an ethical situation and our personal feelings toward it. He suggested to let the Commission entertain passing this Ordinance so that we can at least get the Elected Officials in. He is hearing that it really is not concrete or gelled yet as to what the Commission would like to have as it relates to staff employees of the City and so if we could bifurcate it. Since you brought it up Commissioner Levin,you could be the lead on sponsoring the other one as to the language. Commissioner Scholl said just to be clear this is not covering Condo Associations,all we are saying is just for non-profit at this point. Mayor Edelcup said every recipient that would receive something from the City whether in cash or in-kind. What he is saying right now is to at least get this Ordinance established which was everyone's wishes at the last meeting,that we could pass this one and then develop an add-on or tag-on. 3 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida Vice Mayor Aelion said that we also addressed the School Trust Fund at the Workshop. While that was ironed out, it could be an issue in the future. Commissioner Scholl said they do receive a benefit from the City and so this would preclude involvement in the School Trust Fund. Mayor Edelcup said in continuation of that and Commissioner Levin is bringing up the point,the City Manager currently serves on the School Trust and so if this Ordinance were to be moved forward we would have to look at that situation as well. Commissioner Scholl said they all fall into the same,ultimately even Condo Associations because there is a perception, when you are an elected official that you can come down here and wave your magic wand to make things go away, it is really not accurate but it is certainly perceived that way. We do not want to create those types of perceptions, and so he thinks we will have a follow-on as well with Condo Associations because as the Mayor pointed out,when we both just automatically resigned from everything we were involved with in the community when we were elected because we felt like we didn't want to propagate that perception any more and it still happens. When you are serving on a body,you almost have an obligation to make something happen that you may or may not have the authority to do. Mayor Edelcup said,again,that is why he raised the point. We have a choice,tonight we can pass this Ordinance with a follow-on, or we can defer it and try to get it all put together for the next Commission meeting. He said it seemed to him that this was simple because at least this one is clear. Commissioner Scholl said we could pass it and then amend it with maybe more than what Commissioner Levin is looking for. 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,April 17,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 7B. An Ordinance of the City Commission of th e City of Sunny Isles Beach, Florida,Amending Chapter 100 "Animals" of the Code of Ordinances of the City of Sunny Isles Beach to Prohibit the Retail Sale of Dogs and Cats; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the purpose of this Ordinance is to prohibit the retail sale of puppy or kitten mills that may exist in the City. The City of Aventura and the Town of Surfside have recently adopted a similar Ordinance. This Ordinance was requested by Commissioner Levin. Public Speakers: None Commissioner Levin said a few years ago she was thinking about adopting an animal and she researched it for a couple of years. Eventually she adopted a little Chihuahua, and she is around seven years old now, and she has had her for six of those years. She is 5'/2 pounds 4 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida and she was born in a puppy mill in Texas and lived in a shed with 400 dogs. She had never seen daylight, she was never taken care of,and she was socially a wreck when she got her as she had never been around people. She used what she had learned about training dogs, and she is the sweetest most wonderful animal in the whole world. When she saw this Ordinance, she read more about it, and she decided we should also have it here. Commissioner Gatto said she is totally sensitive to the puppy and kitten mills,she thinks it is awful. She thinks when we categorically ban a retail outlet from the City it gets tricky for us. If there is a perspective pet shop owner that wants to come to the City, he is allowed to sell rabbits and hamsters but not cats and dogs which is probably the bread and butter of that business. She does not think she wants to be the kind of City that would categorically ban any kind of business other than liquor stores near the school. She thinks there is a compromise on this as she likes what Lake Worth did. They passed an Ordinance that required the posting of signs that advertise where the cats and dogs originate from and they provide a Certificate of Source. The other thing they do is that they only have dogs and cats that are bred on the premises and only those would be allowed to be offered for sale, and of course, those coming from rescue organizations. Vice Mayor Aelion agrees with Commissioner Gatto. On the basis of the City is not able to bring on a big department store, as a principal, it may create a precedent in the City even though each individual is brought before the Commission on its merits. He tends to agree that it should not be negating one type of business because tomorrow we may get other businesses wanting to come to the City with other types of business that may be conducive to sensitivity to a certain part of the residents and not to others, and so it does open a door here. Commissioner Levin said she is okay with putting limitations on it, and she would be interested in reading the Lake Worth Statute because the bottom line is that she does not want to see puppy mills, dogs and cats sold in the City, it is just hard to police it. City Attorney Ottinot said there is an exemption to the Ordinance,on page 38, Section 100- 3(c)(1), it provides exemptions like the Lake Worth model if the dog or cat are bred on site, and so that point is addressed in the Ordinance. Commissioner Scholl said he doesn't think we will have a pet store that breeds them on site. As to Commissioner Gatto's point,it is like when you buy lumber at a lumber yard, you get a certificate basically showing that the lumber was procured from a sustainable forest. It is the same type of issue and is very common in commerce, in retail commerce especially,and so he thinks Commissioner Gatto's point,the Lake Worth model,the breeding on site does not work for this City because we are in such a high density area. The model that has some kind of certificate or proving that the animal came from an organization that was not ill conceived, and there is a mechanism for that,just like there are in a lot of other things like beef,wood,animals, it doesn't matter,this is a very proven mechanism. He thinks either we amend the Ordinance or we table it until next time so we can get comfortable with the change that we are talking about. Commissioner Levin said one of her questions would be, is there a reliable standard because anybody can go in the back room and print out certificates. Commissioner Scholl said what he thinks she is hearing is that there is not a reliable standard,and he thinks we are not going to categorically be comfortable banning anything but it sounds like if we can make some kind of a standard, that would be palpable to everybody. Commissioner Levin said to do some more research and see if we can find some middle ground. 5 Summary Minutes: Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida City Attorney Ottinot suggested we follow Commissioner Scholl's recommendation and table it. We will research the Lake Worth model and come back to the Commission. Commissioner Levin said that would be fine, we can work on it. Commissioner Scholl said it is a meritorious pursuit, he just thinks that we were coming at it a bit too harsh. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to defer this Ordinance. The motion was approved by a voice vote of 5-0 in favor. 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Section 265-46(A)(17) to Modify the Vehicle Platform Requirements; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that there are a number of development projects in the City that use a mechanical parking system to park vehicles inside a condo development project. The purpose of this Ordinance is to modify the platform requirements for mechanical parking systems to eliminate barriers to competition in the garage market. This Ordinance was requested by a mechanical parking system operator who is here in the audience. Miami Beach had a similar Ordinance like the City's, and they eventually modified that Ordinance to allow the platform to have certain features that more than one provider can provide. This modification does not impact the safety in any way. Public Speakers: None Commissioner Scholl said then you are saying that the Ordinance that we passed originally for mechanical devices favored a vendor because of the nature of the way it was structured? City Attorney Ottinot said the original Ordinance that was passed was based on Miami Beach's Ordinance and they had some safety justification and eventually they revisited that issue. When Miami Beach revisited that issue, the mechanical operators sent him the revision that Miami Beach made,and he, staff,and Claudia Hasbun of Planning and Zoning looked it, and it made sense. Mayor Edelcup said then that Miami Beach amended their Ordinance and that is what we are doing now,and City Attorney Ottinot said that is correct. Commissioner Scholl moved and Vice Mayor Aelion 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,April 17,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 6 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Chapter 62"Purchasing"Section 62-13 "Exemptions from Competitive Bidding" to Clarify that Purchases Made through Intergovernmental Cooperative Purchasing Arrangements or Purchasing Consortiums Organized as a Corporation Not For Profit Whose Members are Governmental Entities are : • •• Permitted Provided that Such Consortiums Provide for a Competitive Process for the Selection of a Vendor; 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 and additional information regarding Consortiums were distributed prior to the meeting.] City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported noting that during the Workshop a revision to the Ordinance was made to ensure that any Consortium that we were to consider utilizing had used a competitive bidding process to select a vendor. The ones we are looking at right now, that is a typical component of their process and it will not remove the requirement that our Purchasing Department use due diligence to determine if that is the proper source and the proper method, but it will give us that option. In our prior Code we did not have an exemption from the competitive bidding process to allow us to use a Purchasing Consortium. There are a number of Consortiums and there are things that we are looking at for the future that may be the best option for the City to utilize the purchasing power of other much larger government agencies than ourselves. Public Speakers: None Commissioner Levin said this is the piggyback? City Attorney Ottinot said no,it is different. The City can bid for products or service to a Consortium a non-profit group that provides service and products nationwide,and they have their own bidding process where other cities can buy some of those products. Commissioner Scholl said it is a GPO for municipalities, and City Attorney Ottinot said that is correct. Commissioner Scholl moved and Vice Mayor Aelion 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,as amended. Second reading,public hearing will be held on Thursday,April 17, 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 7 Summary Minutes:Regular City Commission Meeting March 20.2014 City of Sunny Isles Beach,Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending 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. (First Reading 02/20/14) Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported noting that this is to bring forward the audited fund balances into this budget as well as carry- over projects and re-appropriation of funds that were necessary to complete the 2013-2014 Fiscal Year Budget. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the Ordinance on second reading. Ordinance No.2014-421 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 Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9B. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance 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,Attached Hereto as Exhibit "A"; Providing for an Effective Date. Action: [City Clerk's Note: Item 9B was heard with Item 9B.1.] City Clerk Hines read the title, and City Attorney Ottinot reported. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. LPA Resolution No. 2014-81 was adopted by a vote of 5-0 in favor. 9B.1 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 Repeal of Conflicting Provisions; and Providing for an Effective Date. (First Reading 02/20/14) 8 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this Ordinance was requested by Mayor Edelcup. The purpose of this Ordinance is to require Commission approval for any storage facility that may be located within the Neighborhood Business District (B-1). That District is basically the west side of Collins Avenue between 174 Street and 178 Street. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to adopt the Ordinance on second reading. Ordinance No.2014-422 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, Awarding Bid No. 13-10-02 to and Entering into an Agreement with Lynx Construction Management for the Construction of a Wall Underneath the William Lehman Causeway, in an Amount Not to Exceed $484,605.00, 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 noting that we received five (5) bids, and Lynx Construction came in about $90,000 lower than the second lowest bidder. Commissioner Scholl asked how long the wall is, and Assistant City Manager Evans said about 1,300 feet. Commissioner Levin asked what the height of the wall will be, and Assistant City Manager Evans said eight (8) feet high. Public Speakers: Tulia Badillo; Allan Magana Resident Tulia Badillo and Property Manager Allan Magana of Oceanview were concerned about drainage, and a very old private sewer line that is in the location where the fence is to be built and they wanted to ensure that no heavy equipment would be put in that grassy area. Mr. Magana said he has not been contacted on an easement that the City had requested. City Manager Russo said the City did not need that easement as the wall is totally off from that property onto public property, and that will also help substantially with the drainage issue. Assistant City Manager Evans said the wall was moved from the original design eight (8) feet to the south to give us more working area, and to get away from the sewer. There is also an AT&T duct bank out there and so they made a request to FDOT to build the wall further onto FDOT property to give us a working area, a nice smooth transition, and to alleviate concerns about the old sewer and the duct bank. Vice Mayor Aelion asked how the drainage issue is being addressed, and Assistant City 9 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida Manager Evans said we have drainage built into this project. Right now there is little to no drainage out there. What we have is a drainage system under the wall that will alleviate some of the drainage problems out there. Commissioner Levin said she met with City Engineer Helen Gray this morning and she gave her the plans. The movement of the wall by eight (8) feet, according to her discussion with Helen and the reviewing of the plans, the wall is going to be where the chain link fence is now until you get down to Building A. And so when you say you are moving the wall eight (8) feet, it is only at Building A,otherwise next to Ocean Reserve it is going to be where the chain link fence is now. Assistant City Manager Evans said it tapers back in to tie in down by the seawall, and so we are eight (8) feet away from that sewer and Eight (8) feet completely away from that AT&T duct bank that we had marked out and located by RJ Behar. Commissioner Levin asked which chain link fence he is talking about,the one that is there now that the three buildings share,or the other one that is further in the lot that the City put in? Assistant City Manager Evans said the other one that the City put in. Commissioner Levin said that is not what these plans reflect. Assistant City Manager Evans said they moved it eight(8) feet from the property line which is basically the back of the condos that are there onto the FDOT property. We put up a fence that is down by the Public Works compound,there is another fence down there that creates that corridor through there that we will take down and we will create a low to no impact landscaping area. We will put down fabric cloth and some stone in there that will not have to be maintained. Commissioner Levin said there is a fence that is on private property, and the way Helen described it to her is we have the private fence that goes from Ocean Reserve, Building B, and when you get down to the building in front of the Intracoastal,the fence and the Gravity Wall both go inside their property line and that is why the wall had to be jagged out here by the A building but the wall was going to be in the same location as the chain link fence that the three buildings share right now. And so now you are telling me that is not where the wall is going to be, the wall is going to be south of the Gravity Wall and into the asphalt under Lehman? Assistant City Manager Evans said that is correct. Commissioner Levin said that is not what she was told this morning, these were the plans that were brought to her this morning, she said that these were the bid set and they do have revisions on them. Assistant City Manager Evans said that we petitioned and we sent Commissioner Levin the letter that we had and petitioned to FDOT to bring it further south at eight (8) feet in which was approved. Commissioner Levin said she wanted to see the approved set of plans so that we would know exactly what we were getting, and she doesn't know if that is it. Mayor Edelcup asked if there is any of the construction on property that does not belong to FDOT or the City,and Assistant City Manager Evans said the project is being built on FDOT in an easement that runs through there that is AT&T's. Mayor Edelcup said then that it is in no way impeding or encroaching upon property that is privately owned, and Assistant City Manager Evans said that is correct. Mayor Edelcup said that would be the condition that we would have to be approving this for. Commissioner Levin said she was trying to get a handle on what exactly it is that you are doing because this was what the understanding was and now apparently this is not the reality. Mayor Edelcup suggested to set up a meeting, and City Manager Russo said we can set up a meeting with the actual plans that are going to be used by the contractor. Obviously we have this set of plans that has this project being built totally on FDOT property. Commissioner Levin said then when you made the comment that the to Summar Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida fence was going to come down, it was your fence not the fence on the private property. Assistant City Manager Evans said that is correct, it is the fence that borders the Public Works compound. Commissioner Levin said there is the fence that belongs to the three buildings, there is the gravity wall, there is the asphalt, and then there is another fence that the City put up, and you are saying that whole parking area there, is that the Public Works property that you are referring to? Assistant City Manager Evans said that is correct. Commissioner Scholl said what he is hearing is that if the fence is on private property it won't come down because it is not Public Works' fence to take down. Assistant City Manager Evans said what we don't want to do is to have a wall and two fences. We are taking our fence down which is on FDOT property,and the area between the two we will put filter fabric in there, and we will put rock down to create a no maintenance area, realizing that we may still have to get back there at some date if anything happens like graffiti so they can take care of it,which is in the contract. City Manager Russo asked if that rock also helps with the drainage, and Assistant City Manager Evans said yes, everything is going to be graded to the Intracoastal and there is a drainage system underneath the wall itself. Commissioner Levin said when you come around behind Ocean Reserve, there is that sidewalk there when you are in between Lehman and the wall that is already there that holds the causeway up,people are going to still be able to walk through there? How are the people going to go to the other side of the wall, does the wall go all the way down, and are people going to be able to walk behind the wall? Assistant City Manager Evans said no,the people cannot walk behind the wall, there will be an access gate there and we are going to do a direct purchase on that. We met with the property managers over there, we talked about it, and we said we would leave that up in the air until we get to that, if the City was going to purchase the 12-foot gate in-house. Vice Mayor Aelion said when something comes before the Commission that has a dollar value to it,understandably the plans including drawings and everything has to be something of a finalized version. Commissioner Scholl said he would make the motion subject to the fact that we don't require an easement, we are on FDOT property, we are not encroaching on the Condominium's property, and we are not removing any improvements on the Condominium's property. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2210 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,Ratifying a Payment to Beiswenger, Hoch and Associates, Inc. (BH&A), to Provide Post Design Services for the Sunny Isles Beach /Newport Fishing Pier, in an Amount Not to Exceed $9,500.00; 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 Assistant City Manager Evans reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2211 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida 1OC. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Third Amendment to the Agreement with Harbour Construction, Inc. to Provide Demolition Services for Gateway Park, in an Amount Not to Exceed $6,800.00,Attached Hereto as Exhibit"A";Authorizing the City Manager to Execute Said Agreement and Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Evans reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2212 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 the Not to Exceed Amount from $24,000.00 to $44,000.00 with the Miami Herald Publishing Company for Retail Advertising Services;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 reported this increase is due to Capital Projects and Zoning items. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2213 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, Providing In-Kind Support to The Sunny Isles Beach Kiwanis Club to Sponsor "The K-Kids Pancake Breakfast" a Fundraising Event on Sunday, May 4, 2014 for Use of Pelican Community Park, in an Estimated Amount of$750.00; 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 Director Susan Simpson reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2214 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,Ratifying a Charitable Contribution in Remembrance of Dan Palmer to the Aventura Marketing Council Education Foundation, in an Amount Not to Exceed $100.00; Approving the Naming of a Park Bench in Heritage Park as the "Dan Palmer Park Bench" in Honor and Appreciation of his Dedication to the City of Sunny Isles Beach; Directing the City Manager or his Designee to Place Signage Commensurate with this Distinction on Said Park Bench; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 12 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida Action: [City Clerk's Note: This item was heard after Item 5A.J City Clerk Hines read the title,and Mayor Edelcup reported noting that Dan Palmer performed many years of dedicated service to our City as well as Aventura through the Community Newspaper. Mayor Edelcup introduced Dan Palmer's Grandson Justin Brooks from Davie, his niece Judy Weinberg of Aventura, his good friend Denise Rubin, and Elaine Adler of the Aventura Marketing Council who worked very closely with Dan Palmer and is considered family. Mayor Edelcup and the Commission presented the family members with the Certificate of Dedication,and a framed picture of the bench/plaque at Heritage Park. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2215 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,Approving the Purchase of Eight (8) New Copier/Scanner/Printers from Toshiba Business Solutions for the Government Center, Police Department,and Pelican Community Park, in an Amount Not to Exceed $45,671.00, Plus Additional Per-Copy Charges of$30,000.00 Annually, Utilizing the State of Florida Contract No. 600-000-11-1; 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 Chief Information Officer Derrick Arias reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2216 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, Declaring Necessity to Initiate Legal Proceedings Against Porto Bellagio Condominium Association, Inc. ("Porto Bellagio") in Order to Enforce the Ingress/Egress Easement Agreement; Requiring a Meeting Between Porto Bellagio and City Officials within Thirty (30) Days of the Date of Approval of this Resolution; Providing the City Attorney with the Authority to Retain Outside Counsel to Initiate Legal Proceedings and 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 that in 2005 the City and the Porto Bellagio Condominium Association entered into an Ingress/Egress Easement Agreement to provide a soft landing spot for the Emergency Vehicle Bridge. The Agreement provided the City the right to use a certain portion of Porto Bellagio property for ingress/egress purposes. Subsequently a utility box was placed on the easement property. The City Manager and his staff and consultants were called to process the permit application with all the reviewing agencies and the City is close to getting all those permits issued. The Consultants have indicated that they are ready to go forward to prepare this soft landing area for use of the Emergency Bridge. There have been a number of meetings with them to have the utility box removed and unfortunately there has been no response or any action with 13 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach.Florida respect to the relocation of the utility box. Therefore tonight after instruction from the City Manager with the easement document,he believes that the Condo Association is in violation of the Easement Agreement. He is asking the Commission to give him permission to move forward to seek legal remedies to enforce the Ingress/Egress Easement Agreement. Before he pursues a legal remedy he will issue a Demand Letter to Porto Bellagio to indicate that the utility box needs to be removed within a certain time period. Public Speakers: W. Tucker Gibbs, Esq. Mayor Edelcup said when the utility box was first put there, did the Condominium Association or any other agency get the City's permission since we already had the Easement? City Attorney Ottinot said no,we never got noticed about the utility box. In fact, one of the things that he did was to try to research and find the easement agreement, generally they will record it in public records, and he couldn't find it. He communicated to Porto Bellagio's attorney of the problem to relocate the box prior to coming here. Vice Mayor Aelion asked if this will freeze the process of bridge construction, and City Attorney Ottinot said the City Manager and Assistant City Manager have informed him that we cannot have the soft landing spot with the utility box in the way. Assistant City Manager Evans said yes we need that but we are going forward with the design for both the Emergency Bridge Project and the FPL project to relocate the switch cabinet and the transformer box out there. Vice Mayor Aelion said then when this is resolved and everything is ready, you can then go forward without impeding the process. Tucker Gibbs, Esq. representing Porto Bellagio Condominium Association said his clients are mystified why the City is threatening to sue them. For the record, the issue of the location of the FPL electrical vault was first addressed to his client last Tuesday through an email from the City Attorney,and the City Attorney characterized it as I want to provide you with an update and at that point he said"I have been directed to look at all avenues to resolve outstanding issues. My technical consultants have advised me that your client has refused to agree to remove the utility box.",and Mr.Jimenez responded by saying"This is the first time he has heard about this." His clients are a Board of a Condominium Association which needs to get a formal request, a letter from somebody in the City, not just an email. His clients and your representative have been out to the site, and to the easement. They have been talking to representatives of his client, and they have been informed informally that yeah no problem moving the vault. We need to get an official letter from you all telling us you want us to remove them, it goes through the process, it goes to the Engineer, it goes to the Attorneys, and it is recommendations made to the Board, and the Board votes on it. Mr. Gibbs said Porto Bellagio was built in 2002, those vaults provide electricity for Porto Bellagio, and they were installed prior to the easement with the City. They did not install those after 2005, they were already in place and installed in 2002 when Porto Bellagio was built. He said he was concerned with the language in the proposed Resolution,and he would like to know the basis of these statements. For example,has the City made any requests that Porto Bellagio has refused regarding the removal and relocation of these, and the answer is no. They have given every indication that pending the vote of the Board that we are probably going to be in favor of it. How has the City acted in good faith when the City's only formal communication is on this agenda tonight telling his clients that the City wants to sue you so 14 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida that you will remove those boxes? What is the real issue here because at this point is the City now using the easement for emergency vehicles to go where,to service what,we want to do this right and this is not a good way to start a process by threatening to sue someone over two electrical boxes. He requested that this Resolution be taken off the table and to direct your City Attorney to work with them. He already told him that it would go to the Board and that it will probably be 30-60 days because we have to go through the process. There are units next to this easement, and the place where City staff has told his clients where you all want to put it is right in front of somebody's window. And so the concern is that they have to look at all those issues and they have to make sure their people are happy. He asked the City not to institute legal actions as it is unwarranted at this point. City Manager Russo said there is a lot to be said on this issue, and this place is not the place to do it. Assistant City Manager Evans said he was hired in January 2013 and his first meeting with Porto Bellagio was in March 2013,they met on site with Calvin Giordano and Porto Bellagio's representatives. From that point on we have marked out easements,right- of-ways, to include FPL, we have built mock-ups, we have made repeated attempts to try to get this issue resolved and expressed the urgency in trying to move this forward. Mayor Edelcup asked if there was any reason why we couldn't proceed with this and at the same time end it if there isn't an amicable agreement reached? Legal proceedings when they start usually do not end very quickly, and there is a timeframe of many months probably if we have to go the legal route. Any time during which if the party was ever to reach an agreement then you could withdraw the legal proceedings, is that correct? City Attorney Ottinot said yes, first of all this is just a Resolution permitting him and the City Manager to pursue if they are unable to work out any resolution prior to legal proceeding. One of the things he wanted to say for the record. Mr. Tucker indicated that we never made a formal demand for the relocation, for the record, this week was the first time that we received a request to have a formal letter. That request was made after he sent him a copy of this Resolution in an email to indicate that if the Commission approves this Resolution, he and the City Manager will seek or demand a request for the relocation of the utility box. Mayor Edelcup said that could be part of this whole process to send a formal demand but defer your case because the train has left the station. We are building a bridge and we need to get that easement cleared up and it is not something that is going to stop the City from moving forward. One way or another the electrical boxes need to get moved, and if it can be done without a legal battle, so be it, but if it takes a legal battle, so be it. And so he thinks it behooves the attorneys on both sides to get together if this passes tonight post haste to see if they can reach an agreement short of having to go to court. Vice Mayor Aelion asked if we can put that in the Resolution, "subject to", and City Attorney Ottinot said yes, he informed the Association attorney that we have an open door and we will meet with him whenever he wants to meet. A motion can be made to have a meeting with Porto Bellagio within the next 30 days to see if we can resolve this issue. Mayor Edelcup said to amend the Resolution to meet with Porto Bellagio up to 30 days. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution,as amended. Resolution No.2014-2217 was adopted by a voice vote of 5-0 in favor. 15 Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Discussion by Resident Frederick Trust regarding a Wizard of Oz Museum: Action: Frederick Trust said he moved here last year from Maryland, and he noticed that there are no museums in Sunny Isles Beach. Being a collector of Wizard of Oz memorabilia and being known in the United States for quite some time, he displayed his collection in Kennedy Center in Washington DC, etc. He was wondering if there was an opportunity in Sunny Isles Beach to provide a facility where he can display his collection on a permanent basis. Residents of Sunny Isles Beach should be able to go there free,and visitors should pay a fee, and that would help support the museum. His interest in this is he just wanted people to know, more for the kids, about not only the Wizard of Oz books, but there are about 40 other books. What is happening is there is an interest from the kids perspective, and there is an interest from the collectors perspective, and there are many collectors. He has donated pieces to the museum in Kansas, he donated a piece to the Judy Garland Museum in Grand Rapids,Minnesota. He has certain items that the Smithsonian in Washington DC would like to have but he would like to have them all in one place. He thinks it will be a great opportunity for Sunny Isles Beach to have the first museum, and he can envision over 100,000 families coming here to see the museum. Mayor Edelcup thanked him for his offer, however, you are catching the Commission cold with an idea but certainly the Commission has heard you and maybe we can see if there is a place that would fit. He asked him to contact the City Manager and at some point when we are constructing new facilities in the City it is conceivable that maybe a museum could be a part of it. It is something that would be very nice for our City. Commissioner Levin asked him how much room do you need? Mr. Trust said he could use from 10,000 to 40,000 square feet, and it would be nice to have a playground right there for the children. He contacted Principal Weisman who supports this idea,and they are actually putting the Wizard of Oz there four months in April and she wanted him to bring some of his collectibles. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 7:56 p.m. Respectfully submitted by: Aperoved by the City Commission on April 17,2014 4 Jane A. Hines, MMC, City Clerk Nor an S. Edelcup, Mayor 16 i U",'_ City of Sunny Isles Beach s c sr l� �, 18070 Collins Avenue Sunny Isles Beach, Florida 33160 'e'er.. � --"�� , SP A� F <i'" �" (305)947-0606 City Hall `''' o, ;.1 ^'� (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: 4/17/2014 RE: Summary Minutes for the March 20, 2014 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the March 20, 2014 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: • Summary Minutes Agenda Item No.3A Date 4/17/2014 8