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
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials
present:
Mayor Norman S. Edelcup City Manager Christopher J. Russo
Vice 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.]
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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
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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
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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
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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
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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.
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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.]
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Jane A. Hines, MMC, City Clerk
DATE: 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