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HomeMy WebLinkAbout2014-0417 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 17, 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 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Timothy Bryd led the Pledge of Allegiance to the flag,and Rabbi Yisrael Baron gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting— March 20, 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. 3B. Special City Commission Meeting—April 1, 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. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items; Withdrawn: Item 7G.Ordinance Prohibiting Department Directors from Serving on Boards; Time Certain: Hear Item 5E at 7:30 p.m. Report on Sunny Isles Beach Foundation;Revisions: Item 10A.Resolution on Fee for Useful Life of TDRs;Add- On: Item ION. Fire-Flow Agreement with the City of North Miami Beach for Gateway Park. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. A Presentation/Report by Miami-Dade County Fire Rescue Chief Dave Downey. Action: Mayor Edelcup welcomed County Commissioner Sally Heyman who introduced her new Aide Alexis L. Moseley who previously worked with Senator Dan Gelber. She then introduced Fire Chief Dave Downey who was appointed a little over a year ago and is a 32- year veteran of the fire service. Chief Downey introduced Maria Rej es who oversees strategic planning and finance section,and compiles all of the reports they provide to each of the cities that they serve. He presented the Annual Report summarizing the services Miami-Dade Fire Rescue provided to the City in 2013. He reported on the Department's accomplishments,as well as the challenges that lie ahead. He noted that there are eleven (11) other stations besides Station 10 that serves Sunny Isles Beach within 4.5 miles of the City which sums up to about 22 units, 3 Chiefs, 9 rescues, and 10 more fire engines which equates to 70 firefighters that are on duty every day, 56% of those are paramedics. County-wide their average response time is 6 minutes and 52 seconds, in Sunny Isles Beach it is 6 minutes and 9 seconds. Mayor Edelcup thanked Chief Downey as well as the Police Department for keeping the quality of life in Sunny Isles Beach at its highest and who have saved many lives here in our City. 5B. A Proclamation Proclaiming April 2014 as "Water Conservation Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup read the Proclamation into the record,and noted that the City Clerk will mail it to the proper agency. 5C. A Proclamation Proclaiming May 2014 as "Civility Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup read the Proclamation into the record and presented it to City Attorney Ottinot as the Chair of the City,County and Local Government Law Section of The Florida Bar. 5D. A Proclamation to be Presented to the National Park Trust for "Kids to Parks Day" on Saturday, May 17, 2014. Action: Mayor Edelcup read the Proclamation into the record and presented it to Cultural and Community Services Director Susan Simpson and her staff. [City Clerk's Note: Items 7A through 101 were heard before Item SE which had a time certain of 7.:30 p.m.] 5E. Presentation by Lynn M. Dannheisser, Esq. of the Second Quarterly Report on The Sunny Isles Beach Foundation. Action: [City Clerk's Note: This item was heard at a 7:30 p.m. Time Certain.] Mayor Edelcup introduced Consultant Lynn M. Dannheisser, Esq. who presented a Progress Report on The Sunny Isles Beach Foundation. 2 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida Ms. Dannheisser reported what has happened in the last 90 days. The Articles of Incorporation have been filed with the State of Florida and the By-laws are finalized which includes, if any elected official was to serve on the Board they would not participate in the fund raising for the Foundation. We have created a private Board and identified five (5) individuals thus far, Ari Steiger, Elena Baronoff, Patty Soffer, Seth Gordon, and herself Two (2) Board members are present here tonight: Ari Steiger and Elena Baronoff. Ms. Dannheisser said they have spent many hours on the development and finalization of a logo, tagline, and now a website, and she presented a power point of the newly formed Website for the Foundation. They have also identified a Consultant Grant Writer who is currently Director of the Cultural Arts Program in Miami Beach. He has been writing grants since 1978 and has secured in excess of S800,000 for the City. He has secured permission from the City Manager and City Commission to make himself available to the Foundation when it is launched. Ms. Dannheisser said until we receive tax exempt status which may take a few months, we have already applied for a grant. To the extent that they can secure contributions we want to afford the contributor a tax exempt status and we can't do that until we have achieved our own status. In the interim we have identified the Miami Foundation which is a group that serves both private individual trusts as well as public foundations. We can access their administrative staff for a small fee,and they will lend us their tax exempt status for accepting contributions. In studying non-profit management she has learned that until there is enough money which means millions in the coffers,you can often be upside down in terms of trying to manage these things, the cost of management. The Foundation is the perfect solution to that in that they charge 1%of whatever the amount we have collected is. She will be talking to the Executive Director further in the next 90 days to see what kind of an arrangement we can work out. Ms. Dannheisser presented the Foundation's website at www.sibfoundation.org you will see the logo, and our tagline which is "incite, inspire and innovate Sunny Isles Beach Foundation". Our Mission and About Us have been developed for a while. It also lists the Board members and a brief bio on them, it identifies Sister Cities,and they will be talking to them about doing joint projects. The grant they applied for in the Public Space Challenge Website,they describe what we are trying to do with"Easels in the Park"our first project in Town Center Park. People ask "what is social art" and this is the kind of art that is being funded, it is street performances, it is things that brings a community together in a conversation,to create dialogue to inspire conservation and also to delight the watchers. She showed a video of an interesting project called"Seeing Eye Person"where a person wearing a vest with a leash hooked on it is leading a person down the street who is busy texting. [City Clerk's Note: The Commission went to Item 10J afier hearing this item.] 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 3 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida 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.BA1314-04 for the 2013-2014 Fiscal Year—General Fund,Street Construction/Maintenance Fund,Capital Projects Fund, and 2010 Capital Projects 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 said this amendment is for some items previously approved by the Commission that had to be formally recorded as budget amendments, such as the grant previously received, a donation by the Dezer family for the playground at Intracoastal Parks,and some minor housekeeping transfers between accounts. Commissioner Scholl 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,May 15,2014, 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 the City of Sunny Isles Beach,Florida,Amending Chapter 265, Article IX, "Sign Regulations" to Clarify that Electronic Signs are Permitted in Government Facilities Located in 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 Deputy City Manager Stan Morris reported that this Ordinance is based on the request from the City Advisory Committee (CAC) for electronic signs. Public Speakers: None Mayor Edelcup asked for the definition of"changeable"as it relates to these electronic signs, and Deputy City Manager Morris said"changeable copy"means that the information on the sign has to remain static for 24 hours. 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,May 15,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 4 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating Chapter 99 of the Code of Ordinances of the City of Sunny Isles Beach Entitled "Public Health and Safety", Including Article I, Entitled "E-Cigarettes", to Prohibit the Sale, Gifting or Furnishing of E-Cigarettes and Liquid Nicotine to Persons Under the Age of Eighteen(18); 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 noting that this Ordinance was requested by Commissioner Scholl. Public Speakers: Judge Marc Mogil Commissioner Scholl said the State has taken up legislation of this and Lobbyists have gotten in the way of a clear path to that legislation. It became apparent that if we take this up at a local level we will get grandfathered in. Right now the legislation at the State level is getting very watered down by a whole series of Lobbyists. Sometimes that happens, they start out with a good piece of legislation and all the special interest groups get involved and coming out at the end it doesn't look anything like it started out as. The bottom line is that e- cigarettes and these nicotine cartridges are now being marketed in different flavors and are targeting minors and they are addictive. There have been a lot of reported health cases lately about them and he felt as a City we should take action on our own. Vice Mayor Aelion said what is described on the package is sometimes not precisely what is in it,and what is in it is sometimes more damaging to the users. Judge Marc Mogil thanked Commissioner Scholl for his foresight and initiative on taking a fast track around State Lobbyists which is not only good for our minors but also good for the image of this City as being one of the first in the State to take a un-watered position on it. 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,May 15,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Creating a New Article in Chapter 172 Entitled"Charitable Donations";Requiring Approval of the City Commission for Financial Donations to Charitable Organizations and for Donations of In-Kind Services and Use of Facilities by Charitable Organizations; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action:City Clerk Hines read the title,and City Attorney Ottinot reported that the purpose of this Ordinance is to codify and clarify that the affirmative votes of at least four(4)members of the Commission is required to approve charitable contributions to charitable organizations. 5 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida It is a Charter requirement [Section 7.6] and we are now codifying it. 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,May 15,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Section 265-23 of the City Code to Clarify the Process to Extend the Useful Life of Transfer of Development Rights ("TDRs"); Providing For Repealer; Providing For Severability; Providing For Inclusion In The Code; Providing For An Effective Date. Action:[City Clerk's Note: Heard with Item 10A.] Mayor Edelcup asked that this be heard with related Item 10A, and City Clerk Hines read both titles into the record. City Attorney Ottinot reported that the City Commission required privately owned TDRs have a life span of five (5) years, however, after the real estate crash between 2005-2009, the Commission agreed to extend the life span of TDRs provided they pay an extension fee of$30 per square foot. Now the extension fee will be based on $65.00 per square foot. Public Speakers: None Mayor Edelcup said essentially we created this because we knew the life of TDRs in some instances would be beyond the five(5)years normally granted. In order to recognize that fact we created this fee which was built on a concept theory to our property tax that we pay every year on our real estate. We used the millage rate of the current year in the formula, and we used the base value which is now being proposed at $65 a square foot for the TDRs and apply the math to the number of TDRs that someone has and that becomes the fee that we recognize. We have collected it for the past four (4) to five (5) years as it related to some TDRs that currently exists that have not been put into final development. 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, May 15,2014,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 April 17,2014 City of Sunny Isles Beach,Florida 7F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Chapter 100"Animals"of the Code of Ordinances of the City of Sunny Isles Beach to Create a New Section 100-3 Entitled"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. (Deferred from 03/20/14) Action:[City Clerk's Note: Distributed Support Letters from "Best Friends Animal Society" and "The Humane Society".] City Clerk Hines read the title, and City Attorney Ottinot reported noting that this Ordinance was revised based on Lake Worth's Ordinance which requires the retail store to show a Certificate of Source of where the dog or cat came from to avoid any puppy and cat mills. This Ordinance was sponsored by Commissioner Levin. Public Speakers: None Commissioner Levin said she is fine with this revised Ordinance and it is a good compromise. Today we received correspondence from The Humane Society of the United States, and The Best Friends Animal Society and they are both encouraging our adoption of this Ordinance. In fact, today she spoke with State Director Kate MacFall of the Humane Society and they are happy that we are doing this. Vice Mayor Aelion moved and Commissioner Levin 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, May 15,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 7G. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 33 "Code of Ethics" to Prohibit Department Directors from Serving on the Board of Directors of for Profit o r Not for Profit Co r p or at i ons t h at Receive Monetary eta rY 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's Note: See additional action under Item 4A.] Withdrawn. S. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 7 Summary Minutes:Regular City Commission Meeting April 17,2014 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 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. (First Reading 03/20/14) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this Ordinance prohibits Elected Officials from serving on Boards for profit or not for profit corporations that receive benefits from the City. Public Speakers: Bob Welsh Mayor Edelcup said we had a workshop on April 15, and we discussed this extensively. He had asked the Commissioners to reflect on it between Tuesday and today as to whether or not this is something that we really want to do. Commissioner Gatto said in the first reading she voted for it because she felt that there were a lot of gray areas and this tied up some of those gray areas but she had an opportunity to look further with new information on what this does. One of the things she was not aware of at the time is that this is covered by the County and the State Ethics Commissions and we are already covered. In that vein it was not completely necessary to have this Ordinance, and then there was probably going to be some unintended consequences coming out of this. Part of our job as Commissioners is to be out there and help the community and use our influence, and if that were to tie our hands in an area where we could really be helpful, that was not a good thing. Given that there is a lot of black and white with this. she is going to do something that she has never done in all the years that she has sat here but she is going to reverse herself and not support this Ordinance. Vice Mayor Aelion agreed with Commissioner Gatto. The thought process behind this was one of perception and ethics,how would the public perceive the involvement or participation of a public official in an organization. He made a very thorough investigation on decisions made by the Director of the Commission on Ethics at the County and State levels and basically when somebody serves on a non-profit organization and it comes before the Commission, that Commissioner would automatically abstain. Commissioner Scholl said he has been on the Board of the Blood Center for 12-13 years and if we pass this we can't run blood drives at the City any more because the City would be providing an in-kind benefit to the Blood Center for running the blood drive. Bob Welsh called him and said it creates some issues with the School Trust. We started with something that was very well intended and as Commissioner Gatto pointed out, there are unintended consequences that when we dig a little deeper we see that we are creating more issues than we need to, and he agrees with Commissioner Gatto. Commissioner Levin agreed that there are unintended consequences if we were to go ahead and pass this Ordinance. She still thinks there is the potential for the appearance of improprieties of Commissioners serving on boards that are going to be given money by the 8 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida City. At the end of the day, she will have to agree with everybody and because of the unintended consequences she will have to vote no. Mayor Edelcup said the Ethics laws of the State of Florida and Miami-Dade County protect the citizens of Sunny Isles Beach in this particular vein. In addition,we have just passed on first reading an Ordinance that requires four(4)out of five(5) Commissioners to give funds to a charitable organization and so that also is a safeguard. We have so many safeguards there already with the State and the County and even though this was suggested initially for good intended purposes. Everyone has had a chance to reflect over the past month that sometimes our good intentions may lead us down a slippery slope that would create a law that has unintended consequences or bad results. He is happy to join the majority and it looks like 100% of our Board is voting "no" on this particular issue. Bob Welsh said he had spoken to each Commissioner individually to encourage them not to vote for this Ordinance but he is recommending to form a committee with City representatives to establish guidelines as by-laws for the Trust that would make it such that any Commissioner serving on the Trust would have certain restrictions. Mayor Edelcup said each charitable organization creates their own by-laws and standards for the operations of that entity. The City cannot involve itself into that process because that is an internal process for each of those organizations. City Attorney Ottinot noted for the record that only one Commissioner can serve on a profit or non-profit organization because of the Sunshine Law. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to call a vote on the issue. The Ordinance did not pass by a roll call vote of 5-0 against. Vote: Commissioner Gatto no Commissioner Levin no Commissioner Scholl no Vice Mayor Aelion no Mayor Edelcup no 9B. 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. (First Reading 03/20/14) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the Ordinance on second reading. Ordinance No.2014-423 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 9 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach.Florida 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 62 "Purchasing" Section 62-13 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. (First Reading 03/20/14) Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported that we want the ability to use Purchasing Consortiums as another tool in our Purchasing Department. When we look at any Consortium that we consider using,the intention here will always be to verify that there is a competitive process before we utilize that Consortium. Public Speakers: None Vice Mayor Aelion said to make it clear, regardless of the adoption of this Ordinance, the process of bidding will go forward, and Finance Director Curts-Whann said that is correct. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to adopt the Ordinance on second reading. Ordinance No.2014-424 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, Revising the Extension Fee for Useful Life of Transfer of Development Rights ("TDRS"); 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:A revised Resolution was distributed prior to the meeting. This item was heard with related Item 7E1 City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution,as amended. Resolution No.2014-2220 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida 10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 14-02-01 to and Entering into an Agreement with Enviro Waste Services Group, Inc. for Storm Water Management System Preventative Maintenance Services, in an Amount Not to Exceed $337,545.00, 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 that this is much more enhanced than what we have done in the past. It is cleaning the drainage system, televising it, cataloguing it, and it provides an instrument in the contract for us to make point repairs,lining,general replacement as needed. The one factor that we are excited about is enhanced NPDES reporting which we are held to by the State of Florida that we have to submit every year. They provide the data to us in a presentable format and we are able to submit it, and so we can cancel a Consultant Agreement that we currently have to g Y provide that for us now. It is a turn-key contract. Public Speakers: None Commissioner Scholl asked if this has been budgeted for,and Assistant City Manager Evans said yes. Vice Mayor Aelion said infrastructure drainage evaluations,these 500 catch basins are the maximized number or is there room to improve on the drainage by building? Assistant City Manager Evans said we have a storm drain system in place that we need to maintain. We will make evaluations based on the condition and the capacity of what we have currently in place. In future years we will probably be coming back here to make enhancements to our storm drain system. As you know,we have 174 drainage projects being planned and designed right now and so that is part of that. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2221 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Purchase Authority from South Dade Electrical Supplies,Inc.for Purchase of Electrical Supplies for the Capital Improvements Project at the Intracoastal Parks,in an Amount Not to Exceed $40,000.00; Authorizing Waiver of Competitive Bidding Procedures; 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 timing was a big issue on this one as we had to get the materials to finish up Intracoastal Park. We think we have a good price here based on the shopping around that they did, and the ability to produce it in a timely manner was a key factor in this. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2222 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes: Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach.Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City to Execute an Agreement between Miami-Dade County and the City of Sunny Isles Beach for Sanitary Sewer Facilities at Gateway Park, Attached Hereto as Exhibit "A"; 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 Assistant City Manager Bill Evans reported that this is a standard form of agreement that allows us to sewer our facility at Gateway Park into the County WASA. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2223 was adopted by a voice vote of 4-0-1 [Commissioner Scholl stepped out] in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Expend Budgeted Funds for the Purchase of Wireless Telecommunications Services from Verizon Wireless for the Police Department,Building Department, Code Compliance, and Parking Enforcement, in an Amount Not to Exceed $45,000.00, Attached Hereto As Exhibit"A"; 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 Chief Information Officer Derrick Arias reported that this is for the remainder of this Fiscal Year. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2224 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Agreement with Gladys Gonzalez to Provide Project Management Services for the Implementation of a New Finance System, in an Amount Not to Exceed $75,000.00, Attached Hereto As Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Chief Information Officer Derrick Arias reported. Public Speakers: Gladys Gonzalez Mayor Edelcup asked if she is being brought on board just for this particular project, and Chief Information Officer Arias said that is correct. Our expected goal date is October 1, 2014, and he included in the budgetary analysis keeping her on to the end of October to ensure any loose ends are wrapped up. He introduced Gladys Gonzalez and noted that she was the IT Director for the City of Miami Beach and has a lot of experience. Gladys Gonzalez said she was the IT Director for the City of Miami Beach for 14 years, and she 12 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach.Florida implemented their Finance System as well as many other projects. Commissioner Levin said she knows we are getting a new Financial Accounting Software and you are being brought on board as a consultant, are you just going to make sure everybody knows how to use it, or is it more than that? Ms. Gonzalez said no, it is making sure that we get the actual software application implemented, to make sure the project is moved along because it is a very short target date of October 1 to go live. So, since the same resources that do day to day operations, she will also do the project. This way there is someone always on board making sure that we talk to the vendor, that we keep things moving forward with the vendor and City staff. And really be the facilitator of any issues that come up with City staff and the vendors. City Manager Russo said we did a similar thing with the implementation of the Building, Code,and Zoning software that has proved invaluable,we would never have gotten it up and running as we have already if we didn't do a similar thing. Vice Mayor Aelion asked if the software and technical implementation is from the vendor? Finance Director Audra Curts- Whann said the training components are all provided by our software vendor, as are the technical implementation. Where she sees Gladys being of the most help is to run herd on the staff who are trying to do their everyday jobs. A lot of the project implementation is testing, once something is converted you have to make sure it balances and all those carry forward things tie in. If we have someone running herd on that it will be done correctly and when we are done we will have a fully functioned system with all of the historical data properly converted. Commissioner Scholl said at the Blood Center when he was managing the merger, the only outside professionals he hired were Project Managers. Installing software of this complexity, there are a lot of issues involved, and managing the vendors is half the battle, it makes a big difference. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2225 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 an Agreement with Shorty's Bar-B-Q for Catering Services for the City's 17th Anniversary Celebration,in a Total Amount Not to Exceed$36,000.00,Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Community Services Director Susan Simpson reported that the Anniversary Celebration will be held on Sunday, June 15, 2014 from 3:00 p.m. to 7:00 p.m. at Town Center Park. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2226 was adopted by a voice vote of 5-0 in favor. 13 Summary Minutes:Regular City Commission Meeting April 17,2014 City of-Sunny Isles Beach,Florida 1011. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Second Amendment to the Agreement with Development Counsellors International (DCI) for Public Relations Services, in a Total Amount Not to Exceed $42,800.00, 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 Cultural and Community Services Director Susan Simpson reported. Public Speakers: None Mayor Edelcup said we should review some of these things on an annual basis. Some of the work in the early years has been done, and so we are just doing maintenance on a lot of this. He would hate to be paying for the first time around every year,and so he would just caution that we start looking at what we are getting for this monthly service and take that into account when we are renewing it again next year. Cultural and Community Services Director Simpson said that they will be giving you a monthly report at the June Commission Meeting. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2227 was adopted by a voice vote of 5-0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida,Approving the Third Amendment to the Agreement with Unique Charters for Transportation Services-Motor Coach Rental, in an Amount Not to Exceed $50,000.00,Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Community Services Director Susan Simpson reported that this is primarily for Summer Camp to take the children on field trips. This money is only what we spend and it is reimbursable through the program fees. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2228 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: Item 5E was heard after Item 101. The remainder of the agenda was heard in order] 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Agreement with RJ Behar and Company to Provide Engineering and Architectural Services for Samson Oceanfront Park, in an Amount Not to Exceed $103,113.50, 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. 14 Summary Minutes:Regular City Commission Meeting April 17.2014 City of Sunny Isles Beach.Florida Action: [City Clerk's Note: Heard after Item 5E1 City Clerk Hines read the title, and Assistant City Manager Bill Evans reported there is some development going on next to the Park and we have a portion of it closed down. In the very near future we want to make some improvements out there to include expanding the restrooms, upgrading the sewer lateral, a new performance stage area, upgrading the lighting, electrical, etc. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2229 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 the Request Submitted by Beach Club Acquisitions LLC F/K/A Turnberry Ocean Club Land,LLC("Turnberry Ocean Club")for a Temporary Sales Office Structure,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 this is a request for the Turnberry Ocean Club located at 18501 Collins Avenue. They are dividing this project into two phases: Phase I will be located in the temporary Sales Center on the beachside. Phase II will be located on the Parking Lot behind the Navarro Stores. Public Speakers: Clifford Schulman, Esq. Mayor Edelcup said at the workshop it came up that you are sitting up the Sales Center but you have not been in yet with the Site Plan. Clifford Schulman,Esq.,representing Tumberry Ocean Club said we have been working very closely with Ms. Hasbun and City Attorney Ottinot to file our Site Plan Application by June 6,2014, in order to keep their schedule. But we don't want to lose the market opportunity of sales and so we are moving forward even faster with the Sales Center. There was an article in the Miami Herald recently on Turnberry as to how serious they are about the City of Sunny Isles Beach, and so they have hired Carl Sabata as the designer out of New York with Bob Swedroe. One of the conditions of the approval tonight is that they must submit their Site Plan approval within six (6) months or this approval lapses, and we will beat that by at least three (3) months. Mayor Edelcup asked him to explain that this is approval for two different sites. Mr. Schulman said we will start off with the first phase and we will have the Sales Center right on the site in front of the existing Turnberry Ocean Club which will remain in operation as long as they can. The minute they start excavating the site, then they will move to the site behind the Navarro Drugs and open the Sales Center there for Phase II. Commissioner Scholl stated that once they move behind Navarro Drugs you are going to have a major parking problem. At one point we thought we were going to end up with that lot, that was the site plan approval from a few years back. Mr. Schulman said that was the site plan approval from 2005 at which time we were going to continue to operate the Club on the facility along with the condominium, and the Commission did not want parking on that side at that point of time. Now we are eliminating the Club from the Plan, so that there won't be that back and forth parking. That site is zoned for Town Houses, and we would 15 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida anticipate it is a very saleable product especially based on the project we had approved for the Terra Group a little bit further north. City Attorney Ottinot said Mr. Schulman will take Commissioner Scholl's concern to his client. Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2230 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 Agreement between Haulover Marina,LLC("Westrec")and the City of Sunny Isles Beach regarding Certain Seagrass Mitigation 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 City Manager Russo reported that this is part of the mitigation that is necessary for the area where we are going over the canal for the Emergency Pedestrian Bridge between 174t1i and 172nd Street. This City is obligated to mitigate mangroves and seagrass. We have gotten approval to share mitigation program for the seagrass in Oleta State Park with the developer of the redeveloped marina area of Haulover, Westrec. They will be in charge of bidding it and overseeing the project and so the numbers will be filled in once it is bid. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2231 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, Providing In-Kind Support to the Consulate General of Israel for the"Israel 66th Independence Day Celebration" Event on May 11,2014 for the Use of a Generator and City Personnel, in an Estimated Amount of$2,000.00;Authorizing the City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Russo reported this is in-kind support for the use of the generator and Police escort for the bike parade. Public Speakers: Ari Steiger Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2232 was adopted by a voice vote of 5-0 in favor. 10N. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Fire Flow Agreement between the City of North Miami Beach, and the City of Sunny Isles Beach for Gateway Park and Parking Garage, 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: Distributed prior to meeting. See additional action under Item 16 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida 4A.] City Clerk Hines read the title, and Assistant City Manager Bill Evans reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2233 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Presentation by Timothy Byrd and the Student Government Association at Norman S. Edelcup Sunny Isles Beach K-8. Action: Commissioner Levin introduced Rosa L. Carvajal,the 7th Grade Civics Teacher at Norman S. Edelcup Sunny Isles Beach K-8 who she has been working with for the last few months in connection with the Justice Teaching Program. She said Ms. Carvajal is one of the most passionate teachers she has ever met, who loves the law and civics. She said Ms. Carvajal called her yesterday to tell her she was having the Student Government Association members come tonight to witness the meeting, and that they would have a presentation. The following members of the Student Government Association reported on the K-8's activities during the school year: Timothy Bryd, President, Natalia Torres, Ariana Valero, Celine Roncal, and Inake Unzue. Ms. Carvajal said the students here as well as other students have also been participants in the Mock Trial Competition and a Mock Congressional Hearing and they did an amazing job. They are looking forward to doing many other things next year including something called "Project Citizen" in which the students get to propose a public policy of something that is of concern in their community,or in the City, State, or even at the national level. Ms. Carvajal said her students have addressed something to her that they are very concerned about in the City and that is their safety on the streets with regards to the crosswalks. Many of them walk to school,ride their bikes,or use their skateboards. One of the suggestions that was made was perhaps at the intersections when the cars are about to turn, perhaps we can add some signs that prohibit turning while pedestrians are in the crosswalks. Creating awareness of safety for our students is very important, they do have to be responsible for crossing safety as well but sometimes we have to create public policy in order for things to be taken seriously. She teaches her students that they are very important in the voice of our community even though they are not yet adults, they do have a say. Ms. Carvajal introduced Natalia Torres who has a concern that is just a little more personal to her. Ms. Torres said she appreciates the effort of Commissioner Scholl in introducing an Ordinance that prohibits the sale of e-cigarettes to minors under 18 years old. Tonight she wanted to address an issue that has been going on in the Intracoastal Yacht Club Building Two. There has been under aged children smoking presumably marijuana. This has been occurring in the hallways,the elevators,and even inside the cars. It has also been occurring in the emergency exit stairwell. She wants to know what to do to put an end to this issue,not only is it affecting them but it might be affecting the house and the people around them. She 17 Summary Minutes:Regular City Commission Meeting April 17.2014 City of Sunny Isles Beach.Florida is concerned about having this illegal activity in her condominium, and the other neighbors have complained as well. Mayor Edelcup thanked Ms. Torres for bringing that to our attention. City Manager Russo said those were great ideas for the crosswalks and the signage may be available to us. The first step, as soon as Chief Maas is back, and Captain Snyder who is here right now, we should get together and have a meeting and discuss the ideas you have. It is an excellent idea, and a challenge as you know with all the pedestrians in the City. In regard to your personal issue in the Intracoastal Yacht Club, he asked her to get with Captain Snyder right now to get some information from you. Vice Mayor Aelion said on the issue of the crosswalks, he has already approached former Commissioner Danny Iglesias who is an Engineer for FDOT because Collins Avenue is a State Road and the approval has to come from the State. He has initiated the proper procedure at least for the busy intersection at 174th Street and Collins Avenue. That intersection will be addressed for the same purpose as was discussed tonight. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Discussion by Nilda Montoya regarding Safety on the Streets. Action: Nilda Montoya said a couple of months ago she was struck by a bicycle and by a scooter at 174 Street and Collins Avenue. Many people her age are having the same problem. She wants to continue her walking and asked the Commission to do something about this. Perhaps you can put a lane for bikes on the street. Mayor Edelcup said she is not the first one to comment on the problem of having pedestrians walking on sidewalks and bikes and skateboards using the sidewalks as well. One of the reasons we built the Skate Park was to get the skateboarders off the sidewalks and use the Park. The problem with the bikes is that they are either on the street or on the sidewalk either place becomes either unsafe for the bicyclist when he is on the street because of the vehicles going by or it becomes unsafe for the pedestrian if they are on the sidewalk. There is not an easy solution to this. You were right to bring it to our attention,and maybe there is some study we can do to see if we can at least minimize that affect and one of the things we are planning to do in this City is a bike path. It will go from the north end of the City to the south end of the City but it would be transferring the bikes off Collins Avenue and onto North Bay Road. The other one is the Skate Park and we need to look at skateboarding on the sidewalk,particularly on the main intersection as something we need to monitor more. City Manager Russo asked for a clarification on her injury, was it from the bike or scooter? Ms. Montoya said the kids were racing each other. First the bike hit her and when she turned, she was also hit by the scooter and it took her over a month to recover and walk again. City Manager Russo said we just had a discussion on this and a couple of things came up,and we certainly do have to study this as the Mayor indicated. People have more control over bikes because you have brakes and you have steering. You don't have that with some of these razor scooters, skateboards, etc. We are working to get the bikes off of Collins Avenue, and the Emergency Pedestrian Bridge will go along with that. The other consideration and direction that we were talking about is to ban anything that you can't control. Maybe even the bikes but we can get any of these rolling items that you can't 18 Summary Minutes:Regular City Commission Meeting April 17,2014 City of Sunny Isles Beach,Florida control, a scooter or a skateboard. At least a bike is possible to have some control over it. We will study it. The best way we can control a lot of this is to prohibit some of this activity on the sidewalks. Mayor Edelcup thanked her for bringing it to the Commission's attention, and the City Manager will come back to the Commission with recommendations. 13B. Discussion by Gloria Gomez regarding Bikes on the Sidewalk. Action: Gloria Gomez said she was waiting for a bus on 174th Street, and when the bus came, a bike went in front of her and ran over her toe. About a month ago she was getting off the bus and a skateboard went flying in front of her and she couldn't do anything because the bus was right behind her. It is unfair for senior citizens to be inconvenienced. Sidewalks are for walking,not for bicycling or for scooters or skateboards. When they go into the Park, they use the skateboard,they don't walk into the Park,and they do it up and down 174 Street. Mayor Edelcup asked Cultural and Community Services Director Susan Simpson about the skateboarders in the Park, they are not supposed to skateboard into the Park, they are supposed to use the Skate Park only. Ms. Simpson said that is correct. Mayor Edelcup asked that it be monitored and to make sure it is being enforced. He asked her if she had any other suggestions. Ms. Simpson said we talked about coating the sidewalk at Town Center Park, the entrance to the Skate Park so that it will deter skaters from using that walkway,and carry their boards in. When we have staff there,they are diligent with picking up their boards and walking through. When we add additional staff we will be able to enforce that. Vice Mayor Aelion asked if we have anything on the books for usage of skateboards on the sidewalks. City Attorney Ottinot said no, in fact the City Manager has indicated that. He wants him to research as to whether we can prohibit skateboards around Collins Avenue,and so he will research that on his behalf. Commissioner Scholl said we are victims of our own success. The good news is that we built a lot of Parks and we have a lot of people out on the street every evening, the bad news is that it is overcrowded. He thinks we may have to do something a little more drastic in order to regulate it. Commissioner Gatto said do you think it is important again to note that 80% of those kids using the Park are not Sunny Isles Beach kids. They come from all over and a lot of them don't want to pay the fee when they get here,and they skateboard on private property mostly the Epicure Parking Lot and up and down North Bay Road. Some of them jump the fence after hours, they have had issues with that. A lot of the kids convene here because we have become a skateboard friendly City because we built the Skate Park. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:15 p.m. Respectfully submitted by: Approved by the City Commission on May 15, 2014 2." ‘ 711 2 /tie/- Jane A. Hines, MMC, City Clerk No man S. Edelcup, Mayor 19 Preview Page 1 of 1 "NY 'S City of Sunny Isles Beach 18070 Collins Avenue `( 1, Sunny Isles Beach, Florida 33160 • f°5-; F it;;\1) �* (305)947-0606 City Hall o, 5,�,{ ► (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: 5/15/2014 RE: Summary Minutes for the April 17, 2014 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the April 17, 2014 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes http://sibagenda.sibfl.net/Agenda/Preview.aspx?ItemID=1317&MeetinglD=O&MeetingDate... 5/8/2014