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HomeMy WebLinkAbout2014-0619 Regular City Commission Meeting i SUMMARY MINUTES Regular City Commission Meeting Thursday, June 19, 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 r Mayo Isaac Aelion City Attorney Hans Ottinot Commissioner Jeanette Gatto City Clerk Jane A. Hines, MMC Commissioner Jennifer Levin Deputy City Manager Stan Morris Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui Timothy Bryd, President, K-8 Student Council 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Timothy Bryd led the Pledge of Allegiance to the flag, and Police Chief Fred Maas gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES [City Clerk's Note: Item 1OQ was heard before Item 3A.] 3A. Regular City Commission Meeting—May 15, 2014. Action: Commissioner Scholl moved and Vice Mayor Aelion 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; Change Order of Agenda: Hear Item 10Q before Item 3A. Name Park Bench in Honor of Fred Chouinard; Hear Item 10D after Item 5C.Contributions to FIU; Revisions: Item 9B. Ordinance re: Skateboards; Add-On Items: Item 5D. Presentation by DCI; Item 10R.2"d Amendment& Consent to Assignment w/4M; and Item 10S. Settlement Agreement & Release for"Caridad Martinez v. SIB". Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Gatto 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 June 19,2014 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Presentation to the City Commission from the Miami-Dade County Police Benevolent Association ("PBA"). Action: Police Chief Fred Maas said recently it was the 15th Anniversary of the Police Benevolent Association for Dade County. John Rivera of the PBA expressed his regrets because he is out of town, he would have loved to be here personally to present these to you. They selected one City Commission throughout the County that has been there on behalf of those they represent continuously for the entire 16 years of the existence of their Department. A personal recognition to each of the sitting Commissioners now, and all of those who have come before. On behalf of the Dade County PBA,they wanted to thank you for always being there for the men and women of law enforcement. Your commitment to providing quality public safety to the residents of Sunny Isles Beach is an example for other cities to follow. Chief Maas said on behalf of the Police Department thank you for your continued support. Captain Dwight Snyder handed out a plaque from PBA to the Mayor and each Commissioner in appreciation of their support. 5B. Certificates of Appreciation to be Presented to Miss Sunny Isles Beach USA,Miss Sunny Isles Beach Teen USA, Miss Miami Beach USA, and Miss Miami Beach Teen USA for 2015. Action: Commissioner Gatto noted that the winners were not in attendance as of yet. Mayor Edelcup said when they arrive we will hear this item at that time. [City Clerk's Note: The winners did not arrive, and this item was not heard.] 5C. Presentation by Florida International University (FIU) to Sunny Isles Beach First Generation Scholarship Winners. Action: Mayor Edelcup reported and introduced Jan Solomon of FIU who thanked the Commission for their partnership in this program. She presented Certificates to signify a $1,000 First Generation Scholarship to twelve(12) students who were eligible this year. They are residents of Sunny Isles Beach, they are students who are the first generation in their families to make progress toward earning a college degree, and have maintained a 2.0 grade point average. Some of the students are working tonight and others are taking summer school mid-terms, and so those attending tonight represent all 12 students. Five of the twelve recipients were present: Daniella Dvoskin, Gabby Caraballo, Evelina Lipcer, Ruth Jean, and Latasha Waggoner. The other students not present are: Tatiana Cruz, Brunna Santos, Ortal Farag who actually got the scholarship last year as well,Natalia Rodriguez,Marcell Benevento, Michael Vasconez, and Shir Yaakov. [City Clerk's Note:Item I OD was heard after Item 5C, and the remaining agenda items were heard in order.] 2 1 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 5D. Add-On: Presentation of a Progress Report by Development Counsellors International (DCI), the City's Public Relations Company. Action: [City Clerk's Note: Heard after Item 10D. See additional action under Item 4A.] Cultural and Community Services Director Susan Simpson reported that in 2011 we put out an RFP for a publicist to help us market the tourism industry mostly headed up by Ibis Romero but it is a partnership between the City and the Sunny Isles Beach Tourism and Marketing Council. From the beginning DCI started with a very creative program of an 8-month work plan as opposed to a 12-month work plan so we could get a better bang for our buck and they have succeeded. Tonight we are giving you an opportunity to see what they have accomplished since 2011. Ms. Simpson introduced Karyl Leigh Barnes, Executive Vice President/Partner, Naureen Kazi, Account Director, and Kimberly Miller, Senior Account Executive of Development Counsellors International(DCI)who presented a Power Point and passed around two books of articles written about the City since DCI came on board in 2011. Vice Mayor Aelion said three years ago he wrote to the editor of McCauley Ramsey Tourist Maps where Sunny Isles Beach was not listed on the map. They wrote back saying they would look into it but have not. He asked the DCI representatives to pursue it,and they said they will. Commissioner Gatto said DCI does a great job with the limited dollars they have to work with. Knowing how hard the winter was in the northeast this year, she wishes we had some reserve dollars to take advantage of some opportunistic media buys to get a share market of all those people who want to escape at the last minute, and maybe one day we will get to that point. Mayor Edelcup and the City Commission thanked them for their great PR coverage of the City. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS None 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 121 of the Code of Ordinances Pertaining to Certificates of Use; Providing for Additional Grounds for Denial; 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 Deputy City Manager Stan Morris reported. Public Speakers: None 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,July 17,2014,at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 3 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 62 of the Code of Ordinances to Clarify that Purchases in Excess of 525,000.00 for Utilities Shall be Administratively Approved in the Adopted Fiscal Year Budget and Are Not Subject to the Requirements of Chapter 62 Unless Required by the City Commission; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. (First Reading on 05/15/14) Action: City Clerk Hines read the title, and Deputy City Attorney Amuchastegui reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to adopt the Ordinance on second reading. Ordinance No.2014-431 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 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 256 of the Code of Ordinances to Prohibit the Use of Skateboards, or Other Similar Non-Motorized or Motorized Devices as Defined Herein Along Collins Avenue and Sunny Isles Boulevard; Providing for Legislative Intent; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; and Providing for an Effective Date. (First Reading on 05/15/14) Action: [City Clerk's Note:A cover memo and revised Ordinance was distributed prior to the meeting.] City Clerk Hines read the title, and City Attorney Ottinot reported noting the changes to the proposed Ordinance since first reading. Public Speakers: Loretta Mufson Mayor Edelcup asked Police Chief Fred Maas to report on how he would handle the policy and procedures for this. Chief Maas said if the City Commission passes this Ordinance and the enforcement falls upon the Police Department, our review and consultation within the Department would be to suggest an educational program in every form of media including reaching the students of our own school and those who might come from the outside for the use of skateboards. If it is indicated that the safety and welfare is in jeopardy by the use of these, then an educational program with brochures will be passed out to assist in this education. A 4 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 90-day warning or amnesty program on the part of the officers who will be advanced trained in dealing with the public regarding any violations. The purpose is to basically instruct and inform everyone of this Ordinance that has been passed that no longer permits skateboards along Collins Avenue or Sunny Isles Boulevard. In addition to that, signage must be placed along both Collins Avenue and Sunny Isles Boulevard indicating the violation and any enforcement action that must be taken falls under the jurisdiction of State Statute and properly designated in March 2015. Those are the parameters with which the Police Department would operate as far as warnings and enforcement of this program. Loretta Mufson said she is not in favor of this Ordinance. There have been very few problems with pedestrians and skateboarders sharing the sidewalk,and there have been no police reports regarding this. She travels the City a lot walking and riding her bike and she has never encountered a problem with a skateboarder. Skateboards are one of the few methods of transportation our young population has for getting around. Skateboarding is a vigorous exercise and can be an important role in promoting health and fitness. She noted that the Chief had mentioned an educational program, maybe have that instead of passing this Ordinance. Commissioner Gatto thanked Loretta Mufson but she wanted to address a couple of things. Earlier this year she had pictures of kids on the steps of TD Bank skateboarding right into Collins Avenue. Collins Avenue is way too slim to accommodate skaters and it is a problem. We have baby carriages,walkers with the elderly,bicyclists,etc.but we are really talking about two areas of the City. They can skate in the rest of the areas of the City. They can carry their board to the Skate Park, or use the back streets to get there. The Skate Park is located in the center of town, it is like a hub and kids come from all over, and 80% of the kids who use the Park are not residents here. The skateboarders are on the street anyway, they are on private property, and Epicure and RK are having major problems with it. She doesn't think that is going to stop whether we do this on Collins Avenue or not. It is important that we give our pedestrians, particularly our elderly, a safe way to travel. Vice Mayor Aelion thinks the position of Loretta Mufson is well taken. What is really bothering is that he crisscrosses Collins Avenue a lot during the day and he rarely sees skateboarders there, he sees a lot of bikers on the sidewalks. What is important to note is that statistically,and he had asked the Chief,we have not had instances of physical harm except for the two ladies that came to the meeting and voiced the incidents they had. He agrees with Loretta that it is a vehicular medium and we have a lot of couch potatoes, and it is not an impediment to the walkers along any road. Commissioner Scholl said he was not able to attend the last Commission meeting because his son was graduating from the University and he attended his graduation ceremony. What always concerns him about ordinances is that sometimes they are very difficult to enforce. If we are not very careful about the type of Ordinances that we pass, it makes it very difficult to enforce them and unfortunately it falls on our staff and our Police Department to then try to sort out this enforcement issue. As Vice Mayor Aelion pointed out,bicycles are not included, and so at some point he believes we are reacting to a situation when a citizen came in. He does not think the Ordinance is appropriate for our needs and he thinks there might be an Ordinance that is necessary but the way this one is crafted it seems like it is not going to be enforceable. We are going to create an expectation amongst the public that we are going to be out policing 5 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida this 24/7 and frankly we don't have the resources to do that either. He is against this Ordinance. Commissioner Levin said she can see both sides of the argument. She can see how it is great for our kids to be out and moving around,and it is a great mode of transportation for them. On the other hand she sees the difficulties of the fact that we have narrow sidewalks,and there are a lot of people milling around. She was at Epicure the other day and there was a group of kids going along 172nd and one of the boys was skateboarding in the middle of the street because there were too many kids on the sidewalk. As a matter of safety she thinks we need to enact this Ordinance but it is not written in stone, if it doesn't work we always have the option to revisit it and change it, or get rid of it altogether. She added a friendly amendment on page 2 of the Ordinance,there is a provision that says the term"Segway includes wheelchairs or other motorized devices used by a disabled person". She would like to see that pulled out of the Segway and just say across the board that this Ordinance will not be construed to include those types of devices. City Attorney Ottinot said he will make that revision. Mayor Edelcup said we have a difficult situation here trying to balance the needs and desires of all of our residents. We have a tremendous increase in our residents that we have enjoyed while we become a new city, and we also have the success of being a destination for a lot of visitors. The end result is that Collins Avenue today has much more pedestrian traffic on it then it ever had,probably since the days of the motel era and its height of development. There has been a lot of talk that we are punishing the kids by taking away their right to go on Collins Avenue but at the same time we have made numerous statements that we are only taking them off of Collins Avenue and Sunny Isles Boulevard. That did not deny them the opportunity to skate on the more quiet streets, all the remaining streets of our City. He really thinks the fact that maybe only one or two reported incidents have come to the City is just the surface of a problem that has been occurring because a lot of people have it occur every day and complain to themselves and never get to the City. The bottom line is we need to be mindful of the fact that we now are a much busier city, it is not as easy for people to get up and down Collins Avenue if we have all the skateboards,roller skaters and things of that nature interfering with the pedestrian traffic. Yes, we built the Skateboard Park and that is the place where children can benefit by being away from any sort of traffic, and we built it far enough away from the street so they would never wind up skating into the street which is what has happened a number of times. Taking everything into account,and the fact that we are talking about a very small percentage of all the street surface that we have in Sunny Isles Beach,he is still in favor of trying to balance the needs of all of our residences and providing as safe of an environment that we can for our residents and tourists, and so he supports this ordinance. Commissioner Gatto moved and Commissioner Levin seconded a motion to adopt the Ordinance on second reading, as amended. Ordinance No. 2014-432 was adopted by a roll call vote of 3-2 (Commissioner Scholl and Vice Mayor Aelion against) in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl no Vice Mayor Aelion no Mayor Edelcup yes 6 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding RFP No. 14-04-02 to and Authorizing the City Manager to Negotiate and Enter into an Agreement with TD Bank for Banking Services, Provided Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney;Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Manager Russo and Finance Director Audra Curts-Whann reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2242 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,Authorizing a Contribution in an Amount Not to Exceed $5,000.00 to Sponsor the 2014 South Florida Dragon Boat Festival on October 4,2014 at Haulover Park;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 noting that this is the City's third year sponsoring the Festival. This year we are recommending a sponsorship in the amount of $5,000, which is the Gold Level sponsorship. Public Speakers: None Commissioner Scholl asked why we cut them back from $10,000 to $5,000? Ms. Simpson said that was the recommendation that she received. If you look at the sponsorship package, $5,000 got us everything but one other item that you could get at the$10,000 level,and that is the corporate flag display on the tower. Commissioner Scholl asked her if she talked to them about what their needs were, and she said no. Commissioner Scholl said they called him and said they felt they needed the extra money and they were wondering why we peeled back the sponsorship. Ms. Simpson said she wishes they would have reached out to her, she had not heard from them. She sent an email to them saying it will be $5,000 and not the $10,000 and she never received a response from that email. City Manager Russo said we went over this together and he had told Ms. Simpson that we should do the $5,000 because it didn't make sense to do more than that based on the number. He was looking at the global look at all the contributions we make. Commissioner Scholl said he was just looking at the event and it is very successful. Vice Mayor Aelion asked if we are just one of the many sponsors, and Ms. Simpson said yes, if you look on their website there is a full page of sponsors. We are also trying to stay within your budget of sponsorships which is $20,000 this year. Commissioner Gatto moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2243 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Spend Up to $85,000.00 with Ornamental Home Design, Inc. ("OHD, Inc.") as Sole Source Vendor, for Custom Gate Fabrication and Installation; 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. She said that we have had some instances where some of our gates are not performing based on the use that they are getting and one actually failed and so we have gone to a stronger more durable gate with a special City logo on it. It has an arch curved top to make it harder for people to jump over and damage them. This amount is to replace all the gates that are near failing, as well as the gate for the William Lehman wall, and Arlen House. Public Speakers: None Mayor Edelcup said the Arlen House gate is the largest at $25,000, and City Manager Russo said that is the vehicular gate and the pedestrian gate as part of the Streetscape Program. We got this sole source vendor through Dania Beach, and we have a customized seal made out of the heavy-duty aluminum in the new gates that we bought to date from them. Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2244 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: Item 10D was heard after the related item 5C.] 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City to Participate in the "Prestige Cultural Series at Biscayne Bay Campus 2014- 2015" Program; Authorizing a Charitable Contribution to the Biscayne Bay Campus of Florida International University (FIU), in the Amount of$5,000.00,and a Performance Donation to the FIU School of Music, in the Amount of$15,000.00; 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 Cultural and Community Services Director Susan Simpson reported noting that the Prestige Program is presented by FIU and the City is one of the lead sponsors. Public Speakers: Jan Solomon Jan Solomon of FIU thanked the Commission for their support of the Cultural Series for five (5)years now. The 2014/2015 Series includes four events: on October 12,2014 the FIU Jazz Band is going to perform at Heritage Park in collaboration with the Four Seasons Series; in November 2014 we will have dinner and a film; in January 2015 we will have another dinner and film; and in March 2015 they will host the Jazz Vocal Concert on the Biscayne Bay Campus. Together we are presenting quality cultural events at affordable prices. Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2245 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: Item 5D was heard after this item.] 8 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Providing an In-Kind Donation for Use of a City Facility by the Sunny Isles Beach Foundation, in an Estimated Amount of$600; 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 noting this is just until the end of the calendar year. Public Speakers: None Vice Mayor Aelion asked if they are looking for office space, and Ms. Simpson said they use the 1st Floor Meeting Room. Commissioner Gatto moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2246 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,Providing an In-Kind Donation for Use of the Chief Fred Maas Baseball Field at Pelican Community Park and Personnel Costs to the Simcha Chapter of Hadassah for their Annual "Madi Thaler Walk for Cancer" in October 2014, in an Estimated Amount of $1,168.00; 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 the Simcha Chapter of Hadassah has used the Pelican Community Park Baseball Field to host a cancer walk in honor of their past President Madi Thaler. Last year they had over 300 participants. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2247 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,Providing an In-Kind Donation for Use of Space Within the Government Center by Mount Sinai Medical Center to Provide Services to the Community,in an Annual Estimated Amount of $2,400.00; 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 noting that this is a bit of a partnership. Mount Sinai provide the doctors and the medical personnel to host events here and we provide the space. We do some partnership advertising with them at no cost to the City. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2248 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Providing an In-Kind Donation to One Blood, Inc. to Utilize the Parking Lot of the Government Center to Host Bi-Monthly Blood Drives, in an Annual Estimated Value of $960.00; 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. Commissioner Scholl abstained as he is on the Board of One Blood,and the Executive Vice President. Public Speakers: None Cultural and Community Services Director Susan Simpson stated that all of these items[Items 10E through 10H] are for one year, which is what we had discussed before. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No.2014-2249 was adopted by a voice vote of 4-0-1 [Commissioner Scholl abstained] in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Urging the Miami-Dade County Board of Commissioners to Restore Full Funding to the Entire Miami-Dade Public Library System; Providing the City Manager 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 Commissioner Levin said she had been contacted by Katy Sorenson,the former Miami-Dade County Commissioner who has joined the Coalition to Save our Libraries. That Coalition has agreed to advocate for $64 Million to ensure full time access to libraries in every community to restore and enhance programs, increase community outreach,and bring collections up to date for everyone in the community to enjoy. Since they reduced funding about four years ago, 5.5 million fewer visits to the libraries have been made by residents in our community. There is a shortage of librarians who are trained and educated in research. The librarians can be there to help anyone who needs extensive help with using libraries, they can help with the internet, there are computers available in the libraries, and the purpose of this Resolution is to let the County know we are in favor of budgeting for the libraries. Public Speakers: None Mayor Edelcup said from his own observations of how well our library is attended, it only speaks to the fact that it is a sorely needed facility and he would hate to see that facility cut back because of County priorities of how to spend County money. He would also appreciate our residents contacting County Commissioner Sally Heyman and expressing their desire also to maintain the library at full staffing. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2250 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding Bid No. 14-04-01 to and Entering into an Agreement with Lynx Construction, LLC for Arlen House Right-of-Way Improvement, in an Amount Not to Exceed $740,810.40, 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 Clerks Note: The Bid Opening Report was distributed prior to the meeting.] City Clerk Hines read the title,and Assistant City Manager Bill Evans reported. In the bid is a contingency amount which brings it up to $740,810.40. Public Speakers: None Vice Mayor Aelion asked why this amount is so specific, and Assistant City Manager Evans said it is an itemized bid and so there are specific numbers for each one of the items. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2251 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 an Agreement with Bermello Ajamil & Partners, Inc. to Provide Construction Phase Services for the Arlen House Right-of-Way Improvement Project, in an Amount Not to Exceed$27,260.00, 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 Bermello Ajamil & Partners are the Engineer of Record. They will provide services that we need and deem necessary to get the project completed,the permits completed,etc.,and sign off as Engineer of Record. We will do our own site inspections. There will be some specialty inspections required out there underneath the wall and the piles required for that. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2252 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,Ranking the Submittals for the Design, Build Out, Operation, and Lease of a Restaurant Facility at Gateway Park (RFP No. 14-02-02) and Authorizing the City Manager to Begin Negotiations with Passion Restaurant Group — "Fly Me to the Moon", the 1st Ranked Proposer; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Manager Russo reported that we received two proposals for this project, and we have accepted both proposals and ranked them based on which proposal most closely met the specific specifications of the RFP. From there we will negotiate a contract with the first ranked proposer. If for some reason we can't come to terms 11 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida with the first ranked proposer we have the option of going to the next ranked proposer. Mayor Edelcup noted that they are here tonight,and City Manager Russo said yes,Carlos and JC who are with the Passion Group are here, and they stood up. Public Speakers: None Commissioner Scholl said he reviewed the proposals and met with the City Manager and he thinks the group that is recommended was very transparent in their application and very realistic about the cost of the build out and how to approach it. Vice Mayor Aelion agreed and likes the fact that it is called"Fly Me to the Moon". Commissioner Levin also agreed. Mayor Edelcup said he went to their restaurant a couple of years ago and he was very impressed with the operation that they ran. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2253 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an Agreement by and Between Ronald L. Book,Esq. and the City of Sunny Isles Beach for Professional Legislative Relations and Lobbying Services, in an Amount Not to Exceed $60,000.00, Effective from July 1, 2014 through June 30, 2015, Attached Hereto as Exhibit "A";Authorizing the Mayor to Execute Said Agreement;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Manager Russo reported that they just had the Legislative session this year and we were very pleased with the results as the City received,for the first time in many years, $1 Million for two items that our Lobbyist worked very hard on. We are restoring Mr. Book to the previous amount of a contract we had a number of years ago. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2254 was adopted by a voice vote of 5-0 in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Memorandum of Understanding Regarding Section 18 of the Collective Bargaining Agreement Between the City of Sunny Isles Beach and the Police Benevolent Association ("PBA"),Attached Hereto as Exhibit"A"; Providing the City Manager 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 said this is a matter that the Chief brought to his attention and it made a lot of sense to rectify. The City Attorney's Office did a fine job in negotiating this, and this was really to even the playing field between the process that we follow for on-duty overtime and off-duty overtime. It was not the same, it was one more hour of minimum commitment to people coming into town to work here and to work overtime. We were getting canceled last minute calls for the Police and so this put the off-duty policy the same as if they were on duty working when they were called in for overtime. One last point, there is really no such thing as off duty, once they come in they are performing 12 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida duties of a police officer. Public Speakers: None Mayor Edelcup explained that this is changing the minimum time from three(3)hours to four (4) hours. City Manager Russo said correct, and notice requirements. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2255 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Temporary and Permanent Easement Agreements Between Salem House Condominium Association, Inc. and the City of Sunny Isles Beach Regarding the Construction of the Emergency Pedestrian Bridge Connecting North Bay Road Between 172"d and 174th Streets, Attached Hereto as Exhibit "A"; Providing for the City Manager and 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 he and Assistant City Manager Bill Evans had attended a number of meetings with the Salem House Condominium which is on the east side of where the Emergency Pedestrian Bridge will land on 172nd Street between the Porto Bellagio and the Salem House. Recently we realized we needed some additional easement area primarily for the construction work area for a temporary construction easement and an on-going permanent easement for maintenance. We had a very good response from the Salem House, and we negotiated cooperatively on these terms. We turned them over to the City Attorney's Office and between our City Attorney and the Salem House attorney they were able to come up with this document. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2256 was adopted by a voice vote of 5-0 in favor. 10P. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfer of Development Rights ("TDRs") in the Amount of 68,694 Square Feet of Floor Area and 37 Dwelling Units Owned by Soloser LLC to Gil Dezer and/or Assigns; Repealing Resolution No.2013-2094; Directing the Zoning Administrator or their Designee to Create a TDR Sub-Account in the Amount of 68,694 Square Feet of Floor Area and 37 Dwelling Units in the Name of Gil Dezer and/or Assigns; 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 Attorney Ottinot reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2257 was adopted by a voice vote of 5-0 in favor. 13 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Naming of a Park Bench in Heritage Park as the"Fred Chouinard 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. Action: [City Clerk's Note: This item was heard before Item 3A.] City Clerk Hines read the title, and Mayor Edelcup reported that a great friend to the City and his personal friend, Fred Chouinard,passed away last week,and his widow Jacqueline is here with us tonight. Fred and Jacqueline supported the Norman S. Edelcup K-8 School knowing that public education opportunities are important to our community and they had made a significant donation to the School Trust. City Manager Russo said he had known Fred for several years and he was also a personal friend. Fred will be sorely missed by this community and Golden Beach where he is a resident. Mayor Edelcup and the Commission presented Jacqueline Chouinard with the Certificate of Dedication, and a framed picture of the bench/plaque at Heritage Park. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2258 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: Item 3A was heard after this item.] 10R. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Second Amendment and Consent to Assignment Between the City of Sunny Isles Beach, Florida,4M Investors LLC,("Assignor"),International General Contractor Inc.("First Assignee") and Axioma 3 Inc. ("Assignee"), Attached Hereto as Exhibit"A"; Authorizing the Mayor to Execute Said Second Amendment and Consent to Assignment;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: This item was distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title,and City Attorney Ottinot reported this is a compliance issue. Our Contractor for Gateway Park is providing the necessary Professional Liability Insurance Coverage. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2259 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida 10S. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Settlement Agreement and Mutual General Release Attached Hereto as Exhibit"A"for Settlement in the Lawsuit Styled"Caridad Martinez V.City of Sunny Isles Beach,Case No.: 14-20469-Civ-Williams/Simonton" Pending Before the U.S. District Court for the Southern District of Florida;Authorizing the City to Pay Reasonable Attorney's Fees and Costs Associated with the Case;Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Item distributed prior to the meeting. See additional action under Item 4A.J City Clerk Hines read the title,and City Attorney Ottinot reported his office was able to negotiate a reasonable settlement. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2260 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Add-On: Discussion regarding the Policy on Campaigning on City-Owned Property and/or at City Events. Action: Commissioner Gatto said she had asked the City Attorney to provide to us the City's policy regarding campaigning on City-owned property and/or at City events. She attended the City's Anniversary Party on Sunday, and when she got back to her car, which was parked on City property, there was a campaign piece on her windshield from Mr. Thaler, and she is not singling him out because there was a judge there campaigning as well. That is fine however she remembers from four(4) years ago she was told that we were not permitted to do so, and she remembers from two (2) years ago being in Heritage Park and staff had to ask the gentleman to leave the Park because he was soliciting signatures to become a candidate. She just wants to know what the rules and regulations are because it is an interesting year this year, Commissioner Scholl is a candidate for Mayor, and we have two Commissioners, one is herself,that are most likely going to be running for re-election. She thinks it is important to get straight up on what exactly we can and cannot do. Also, she does not like the idea of having our community come to a fun event and get blindsided by campaign pieces. City Manager Ottinot said this issue has been brought to his attention a number of times,and this is probably his third or fourth election cycle. He has been pretty consistent, first of all, under the United States Constitution it protects the candidates with respect to the right to distribute campaign literature in public parks, city events, etc. The law is pretty clear in this district. It is federal law through the Supreme Court that you can distribute literature, and the legal term that the court used to describe a Park is "a traditional public forum". By the fact that it is a traditional public forum,you can distribute literature and that is the law. When you 15 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida have a clear law like that you have to follow it, and if you don't follow it then there is a personal liability that comes with it. He is in the process of drafting a memo that will give you the parameters. There is an example where a candidate cannot place a political sign on a fence at a Park,the law allows to regulate that different then distribution of literature because the law considers that freedom of speech. He will give the Commission a legal memorandum outlining what you can do and what you cannot do, based on the facts. Another example is that the Government Center is used as a Polling Precinct and under the County rules campaigning has to be 100 feet away. What occurs is that sometimes that is violated, sometimes you have volunteers placing signs on property and due to the nature of the Election,the City is caught in a hard place when dealing with that kind of enforcement. Mayor Edelcup said he understands the position of our City Attorney but he also understands what we collectively have been in agreement with all of the candidates that have run since the City's inception. Commissioner Gatto is right, in prior years we all agreed whether by law or not to respect one and other and not to chastise visitors to our public events by bombarding them with literature. It was an understanding since we knew that the law was there but yet we didn't really want to subject our residents to it and so we all agreed not to do it. He also went to the City Attorney to ask if there was any way we can create a law that would take our judgment and turn it into law. Getting no favorable legal opinion from our City Attorney,he is appealing to all the candidates again in light of good sportsmanship and also civic responsibility and laws of ethics, that we try to respect each other by not having all this campaign literature take place within our Parks. There is plenty of time and opportunity for people to get that literature either by mail or out on the street but certainly not in our Parks. It has worked for the last 16-.17 years since he has been running on this Commission, and he would hope that in the future it would run the same way. And so he supports the frustration that Commissioner Gatto has expressed, and he is at the point of just appealing to the candidates this year to follow up with what we have done in the past and not hand out literature at public events at the Park even knowing that the law would permit it but we collectively feel that it would be in the best interest of our residents not to have it done in our Parks. Commissioner Scholl said as Commissioner Gatto mentioned,he is also a candidate for Mayor and it is interesting, a lot of times we have got to kind of hold ourselves above what is legal. He thinks in this case whether it is Lew Thaler or any other candidate to put a bunch of people at a public event and hand out political paraphernalia is bad. He has never done it, and he chose not to do it last Sunday. It is hard to legislate responsible and respectful behavior, he does not think we can legislate that. We have got to leave that up to individuals. Ultimately the public is going to defy it,they are going to look at how candidates conduct themselves and they are going to say this is the kind of person I want in City Hall or don't want in City Hall. He thinks Commissioner Gatto brings up a good point though is that unfortunately in the past, it seemed more like a rule than an agreement. It is interesting that this time around we are getting the straight story which we appreciate. But he thinks it is up to the candidates as the Mayor points out, to show the public that they are going to be respectful of their time in an event like a Father's Day event for families. Vice Mayor Aelion said on that point,a precedence has been created since the inception of the City, and what his colleagues just mentioned due to the precedence that has been created, action was taken against people supporting it. Since we live in a land of laws that if it was 16 Summary Minutes:Regular City Commission Meeting June 19,2014 City of Sunny Isles Beach,Florida permitted then why isn't it permitted now is because they gated it then so why not now. It is very unsettling but hopefully from this point forward, clarity will prevail as the result of the written opinion by our City Attorney. Commissioner Levin said she is the only one not running this year, and Mayor Edelcup noted he was not running as well. Commissioner Levin said she understands what the Supreme Court says and she thinks if you have the right to do it, you have the right to do it. She does not think it is a moral or ethical dilemma whether or not you want to do it or not. She does think it is more or less how people receive it whether they are annoyed by it or whether they think it is okay, and whether people in this City choose to do it or not. We are going to have other people running for election also coming in, we had the judges coming in, and we had a couple of people running for the House of Representatives come in. What are we going to do, sit back and do nothing if they are coming in and doing it,and so she thinks it is just a personal decision. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:01 p.m. Respectfully submitted by: Approved by the City Commission on July 17, 2014 /414 i de Jane . Hines, MMC, City Clerk No an S. Edelcup, Ma 17 NNY 'S City of Sunny Isles Beach k�^ ,6� ti1n 18070 Collins Avenue :ia �: Sunny Isles Beach, Florida 33160 •�l Sq �9',-.7-1;4`° ,:' (305)947-0606 City Hall c,„ ,..0 o, ;,. '"� (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: 7/17/2014 RE: Summary Minutes for the June 19, 2014 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the June 19, 2014 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: • Summary Minutes Agenda Item No.3B Date 7/17/2014 II