HomeMy WebLinkAbout2014-1016 Regular City Commission MeetingSUMMARY MINUTES
Regular City Commission Meeting
Thursday. October 16, 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 Mayor Isaac Aelion City Attorney Hans Ottinot
Commissioner Jeanette Gatto City Clerk Jane A. Hines. MMC
Commissioner Jennifer Levin Deputy City Manager Stan Morris
Commissioner George `Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Vice Mayor Aelion led the Pledge of Allegiance to the flag. and Police Captain
Dwight Snyder gave the invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting — I" Budget Hearing September 11. 2014.
Action: Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve
the above mentioned Summan, Minutes. The motion was approved by a voice vote of 5-
0 in favor.
3B. Special City Commission Meeting — September 1 1, 2014.
Action: Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-
0 in favor.
3C. Regular City Commission Meeting — September 18, 2014.
Action: Commissioner Levin moved and Commissioner Scholl seconded a motion to
approve the above mentioned Summary Minutes. The motion was approved by a voice
vote of 5 -0 in favor.
3D. Special City Commission Meeting — 2 "d Budget Hearing September 23, 2014.
Action: Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-
0 in favor.
summm Minutes: Reeular Cite Commission Meeting October 16, 2014 Cin. of scone Isles Beach, Florida
4. ORDER OF BUSINESS (Add itions/Deletions /Amendments)
4A. Request to Hear Items: Change Order of Agenda: Hear Items ION, 100 d 10«' after
Item 6B. Assignment of TDRs; Additional Information: Item IOF. Correspondence from
CGA: Add -On: Item 10X. RatiN Settlement Agreement: and Item 5C. Presentation re:
Courthouse Initiative on the November 4, 2014 Ballot.
Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Scholl
moved and Vice Mayor Aelion seconded a motion to approve the above changes to the
agenda. The motion was approved by a voice vote of 5 -0 in favor.
5. SPECIAL PRESENTATIONS
5A. A Proclamation to be Presented Proclaiming October 16, 2014 as "Coffey Burlington
Day" in the City of Sunny Isles Beach.
Action: Mayor Edelcup and the City Commission presented the Proclamation to Kendall
Coffey. Esq. and Jeffrey Crockett, Esq. of Coffey Burlington Law Firm upon the Firm's 26h
Anniversary.
5B. A Special Presentation to the Cite by the Organizer UCAF of the 12th Annual South
Florida Dragon Boat Festival for its First Place Finish in the Corporate Race Division held
on Saturday. October 4. 2014.
Action: Deputy City Attorney Fernando Amuchastegui, Team Captain of the City's Dragon
Boat Team "Sunny Dragons'. introduced Johnson Ng, Executive Director of the United
Chinese Association of Florida, who had provided the team with his invaluable time and
leadership in helping the team prepare for this race. Mr. Ng presented the City a trophy upon
its First Place Finish in the Corporate Race Division.
5C. Add -On:
A Special Presentation regarding the Courthouse Bond Initiative on the November 4,
2014 Ballot.
Action: The 11th Judicial Circuit Court Judge Beatrice Butchko reported and presented
renderings of the Federal Courthouse in its current poor condition. She asked for support of
the Bond Initiative on the November 4, 201=4 Ballot 9168 for funding of emergency repairs to
the existing Courthouse and for the construction of a new Courthouse. The Courthouse was
built between 1925 and 1928. and is 89 years old. When the construction started there were
approximately 40,000 citizens in this region. At the conclusion the population had grown to
over 120,000 people. Now the Courthouse is serving a community of over 2.6 million
people. The Courthouse was constructed originally to house seven (7) judges, the County
Commission, the City Government and the jail. All of those government functions have
moved out. The only ones that remain are yourjudges. The Courthouse designed for seven
(7)judges now has 23 courtrooms which are shared by 41 judges. The facility only has seven
(7) public bathrooms. There are approximately 3,600 citizens a day that visit that building,
65,000 jurors are summoned to that building a vear, and there are nearly one million visitors
a wear.
Summon. Minutes: Regular City Commission Meeting October 16, 2014 City of Sunny Isles Beach. Florida
Judge Butchko said the building has 144 columns which were not originally designed with
the buildine. The building began to sink before it was finished. The columns were designed
by an engineer and architect in Mexico City who were also dealing with a structure there that
was sinking. The building is built under the water table and therefore the basement is
chronically flooding. In January they received a startling report from an engineer stating that
of the 144 columns, 143 of the columns are under dangerous conditions. They also received
a report that in the event of a hurricane warning the building must be evacuated and before
anyone can re -enter the building. it must pass a structural inspection because the tower is not
expected to withstand the heavy force of winds. There is mold throughout the entire building
coming from the moisture in the basement. the walls. and from the air conditioning. Most
people think this building is made of granite and marble, that is not true, it is made of terra
cotta painted gray. The terra cotta tiles that in 89 years of sitting in the sun have decreased in
size and created crevices in the fagade which has been fixed at a cost of S40 Million. There
are four (4) floors vacant because of the mold. The Probate Division where many citizens
deal with inheritance issues has recently been moved to another facility because the air
conditioning system from the 1950's is not circulating clean air into the building and there is
a buildup of carbon dioxide in that section. The Courthouse does have a ramp but it is
currently blocked by construction. The footprint of the Courthouse is over a block long, and
elderly people find it very difficult to get into the building.
Judge Butchko stated there is a plan in place to build a new Courthouse in the downtown
area, and there are four (4) sites. There are concept designs by independent engineers and
architects. The cost is 5393 Million, S25 Million is to be allocated to make immediate
structural repairs to the steel columns that if they are not repaired the building will crumble.
The rest is to build a new Courthouse. This is a ballot initiative, the average price of a home
in Miami -Dade County is S200.000. which would be $14 a year more on your residence tax
bill for thirty (30) years to fund the construction of a new Courthouse and emergency repairs
to this building. She asked that everyone vote "yes" on Ballot Question # 168, and noted that
Early Voting starts on Monday. October 20, 2014.
6. ZONING: ZONING HEARINGS ARE QUASI - JUDICIAL PUBLIC HEARINGS.
6A. Request of Miami Beach Marian Tower, Inc. for Property Located at 17505 North Bay
Road for the Following: (Hearing #PZ2014 -12)
Summary
The Applicant is seeking site plan modification for an approved Development Order pursuant
to Miami Dade County Resolution 3- ZAB- 54 -68. The request includes an increase of density
from 220 dwelling units to 224 dwelling units.
Request:
Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations.
the Applicant is requesting a site plan modification of an approved Development Order
pursuant to Miami Dade County Resolution 3- ZAB- 54 -68. The modification will increase the
number of residential units from 220 to 224 units.
Protests 0 Waivers 0 Ex Parte 0
Summary Minutes: Regular City Commission Meeting October 16. 2014 Cib of Sunne Isles Beach. Florida
Action: Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk
Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City
Attornev Ottinot asked if there were anv Ex Parte declarations. and there were none. Citv
Planner Claudia Hasbun reported the Applicant is applying for site plan approval for a major
site plan modification adding four (4) additional units. Staff has no objection to the
Applicant's Zoning Application.
Public Speakers: Architect Brian Herbert
Architect Brian Herbert representing Catholic Housing Management Services; gave a power
point presentation noting that Marion Towers is an existing 220 -unit apartment building. At
the top is a small penthouse unit that has remained vacant since the building was built. The
project is approved for 220 units and they are asking for four (4) additional units to occupy the
penthouse.
Vice Mayor Aelion asked why did they decide to do this addition only now since the
penthouse was vacant for so long? Mr. Herbert said there is actually a need for housing for
retired Clergy members. Commissioner Levin said you arejust modifying the inside. and Mr.
Herbert said that is correct. Commissioner Levin also noted that there are some minor
changes to the parking lot, and Mr. Herbert said ves as a result of a needs assessment, most of
them are related to handicapped and ADA accessibility. Mayor Edelcup opened the public
hearing, and closed the public hearing as there were no speakers.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion for approval,
subject to staff conditions. Resolution No. 14 -Z -145 was adopted by a roll call vote of 5-
0 in favor.
Vote: Commissioner Gatto yes
Commissioner Levin ves
Commissioner Scholl ves
Vice Mayor Aelion Ves
Mayor Edelcup ves
6B. Request of Sunny Isles Property Venture LLC for Property Located at 15701 and 15795
Collins Avenue for the Following: (Hearing uPZ2014 -11)
Summarv:
The Applicant is seeking approval of a site plan application for a 50 -story residential
condominium with 212 dwelling units and 574,008 square feet of floor area. The Applicant is
also requesting approval of the assignment and purchase of Transfer Development Rights
( "TDRs ") in the amount of 132,463 square feet of floor area and 52 dwelling units where
83.445 square feet of floor area and 42 dwelling units are from a private TDRs' bank account
and 49.018 square feet and 23 dwelling units are from the City's Transfer of Development
Rights Bank ( "TDR Bank "). Additionally, the Applicant is requesting approval for the use of
mural and graphics on temporary construction fencing.
Requests:
1. Pursuant to Section 265 -18 of the Citv of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a site plan approval for a 50 -story residential condominium with
4
Summary Minutes: Regular Ciry Commission 110" ing October 16.2014 City of Sunnv Isles Beach. Florida
212 dwelling units and with a total Floor Area Ratio (FAR) of 578;008 square feet.
2. Pursuant to Section 265 -23 of the City of Sunny Isles Beach Land Development Regulations.
the Applicant is requesting the utilization of private TDRs in the amount of 83,445 square
feet of development rights and 42 dwelling units.
3. Pursuant to Section 265-2' ) of the City of Sunny Isles Beach Land Development Regulations.
the Applicant is requesting the utilization of public TDRs in the amount of 4%018 square feet
of floor area and ten (10) dwelling units. An adjustment to be made for a decrease of 49.018
square feet of floor area and 23 dwelling units in the City's TDR Bank.
4. Pursuant to Section 265 -63.3 (G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on a temporar}
construction fence.
(Hear in Conjunction with Items ION & 100)
Protests 0 Waivers 0 Ex Parte 0
Action: Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk
Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. Cite
Planner Claudia Hasbun reported the Applicant is applying for site plan approval for a 50-
story residential condominium building. This application encompasses two (2) parcels, one
is located at 15795 Collins Avenue and is currently developed as the Chateau Beach Sales
Center. The neighboring parcel is located to the south at 15701 Collins Avenue which
contains an unfinished building known as part of the Mansiana/Solis project which is
currently being demolished. The current Applicant is ajoint venture between the owners of
the two parcels and is proposing a unified project.
City Planner Hasbun said the total contribution for Floor Area Ratio bonuses for the
development is S5.702.400 for a total increase in floor area ratio of 2.1 for a floor area ratio
of 4.60. The Applicant shall provide the City with a deposit in the amount of 10% of the
approved purchase price of $5,702,400 for FAR bonuses acquired from the City. The total
amount of the deposit is $570;240 to be paid within three (3) working days of approval of the
TDRs application and site plan application. The Applicant shall provide the City with a
deposit in the amount of 10% of the purchase price of $6.127,250 for the TDRs purchased
from the City Bank. The total amount of the deposit is $612,725 to be paid within three (3)
working days of approval. The Applicant shall pay S I Million to the City for the use of the
design flexibility allowance. The Applicant is not requesting any variances. Staff has no
objection to the Applicant's Zoning Application.
Public Speakers: David J. Coviello, Esq.; Edgardo Defortuna; Bemardo Fort- Brescia; Keith
Oliver; Rudy Vargas; Juan Espinosa
David J. Coviello, Esq. representing Sunny Isles Property Venture LLC said he is representing
two of the finest developers in South Florida. Fortune International, and the Chateau Group.
They have now teamed up to bring another high quality product here in Sunny Isles Beach.
He recognized Edgardo Defortuna and Manuel Groffkoph and introduced his team who are in
attendance today. Edgardo Defortuna noted this is the sixth project combined that they are
going to do in this City and hopefully continue to do even more work in the City.
Summare Minutes: Regular City Commission Meeting October 16, 2014 City of Sunm. Isles Beach, Florida
Attorney Coviello noted that the project complies with all aspects of the City's Zoning Code,
they are not seeking any variances, they are in agreement with all findings and conditions in
the Staff Report. They have met with their neighbors both north and south, and both meetings
were very, positive. If the project is approved, the City will receive close to S 1 3 Million in
addition to permit fees and impact fees. S6.1 Million for TDRs, S5.7 Million for the FAR
bonuses. and $1 Million for the design flexibility.
Bernardo Fort- Brescia, Architect. Arquitectonica, noted that he has only done one project here
which is Regalia that just opened. He presented renderings of the project which is a site
comprised of two properties that are combined to create a more important and impressive
project for the City. It will be a more attractive more square proportioned than it would have
been if there would have been two individual projects that would have been skinny and
perpendicular to the waterfront. The site plan shows that the project is very tropical and
organic, it is a project that almost creates a topography that appears to be natural with a series
of very, soft lines beginning with the approach into the site that glides to an elevation to arrive
at a monumental porte - cochere surrounded by greenery. On the water side the tower develops
into a series of gardens that go down to the beach, and the parking garage is hidden. He noted
that everything he is showing tonight is as of right in accordance with the Code.
Mayor Edelcup opened the public hearing. Keith Oliver of Tropicana Condominium said this
is a beautiful project and location but as a Tropicana resident they have endured the
construction over seven (7) years, and now we are a month into the demolition of the project.
They understand it has to be taken down piece by piece because of the tension on the rebar
and it takes time. Right now they are working about eight (8) hours a day, from 8:00 a.m. and
he asked what the timeline is for the completion of the demolition. Attorney Coviello said it
is in their best interest to get this done as quickly as possible and hope to have it done by
December. Having no other speakers, Mayor Edelcup closed the public hearing.
Commissioner Levin said in the application they mentioned approval of modification of the
existing medians to accommodate a southbound left turn lane and she asked ifhe would report
on that. Civil Engineer Rudy Vargas said they have a proposed modification to the median on
the southbound direction to create a left turn entrance into the project which is necessary for
the proper ingress and egress. It is in compliance with the requirements of FDOT who will
have to review and approve the application for the modification for the left turn signal. They
have done a study and analysis based on the traffic generation for the project. Traffic
Engineer Juan Espinosa said if a left turn is not here into the project the next opportunity to
make a left turn is all the way back to Haulover Park. Mayor Edelcup said he thinks he saw
one TvIedjool Palm Tree there, and so we will lose the one tree.
Commissioner Scholl said since this is Election season he has been hearing a lot from
residents about new construction and new buildings and what he explains to the residents is
that our developers have rights when they buy a piece of land and they have a right to build a
building, and he is usually tough on variances. He can honestly say that this is when a
developer does things properly, they have two lots there and so they can build two buildings.
Truthfully they might have a better economic outcome if they built two buildings but what
they did was to combine the lots and they have a beautiful structure, a very organic looking
building with no variances. They have got their ingress and egress lined up to a traffic light
R
Summm Minutes: Regular City Commission Nleetine October 16, 2014 Ciry of Sunnv Isles Beach, Florida
and so to Commissioner Levin's point; that signal will be modified and we will have a left
turn there which we sorely need because right now the folks that go to Trump Tower have to
go down to Haulover Park and try to make a u -tum without a signal. He thinks the developers
did an excellent job, the fact that they combined the two lots is very meaningful to the City.
We have one building instead of two buildings and it would have been two buildings on very
small lots with a lot more density. The most important point is they are coming in and not
asking for any variances, and so this building conforms to our Land Development Regulations
and our Comprehensive Plan 100 %, and for that he applauds the developers and they have his
support.
Vice Mayor Aelion said it is long over due, it is a project to replace what has been a real eye
sore to the neighbors to the south and north. the Tropicana and the Trump, for several years
nosy, and as Commissioner Scholl said there is no variance requests and most importantly is
the issue of the left turn. He would like to see the City improve the traffic flow to have more
left turns to be able to access the buildings on the east side.
Mayor Edelcup said something that has not been discussed vet is the beach access on the north
side. He understands it will be a combination of the current beach access that is at the Trump
along with this project and it should be about a 40 -foot wide access. and that should be part of
the record. Attorney Coviello said that is correct, we are going to combine our 20 -foot beach
access on the north side with the north property owner and so we will be 40 -feet in total.
Mayor Edelcup said that the cost of that will all be bome by this project and none of it is
going over to the current owners of the Trump, is that correct? Attorney Coviello said that is
correct. we will be developing our 20 feet. Mayor Edelcup said along with their 20 feet
because he thinks it will be modified. and City Attorney Ottinot said that is correct. Ms.
Hasbun clarified that the whole 40 feet will be unified beach access and so the 40 feet will
have a new design. Mayor Edelcup said the cost of doing that will be part of this project. and
Attorney Coviello said yes.
Commissioner Levin said there is some metal on the building. aluminum and like a steel
wrapped column, is that anything that is going to cause undue glares? Architect Fort- Brescia
showed a 3D model and said the steel columns are only located at the base of the building.
Commissioner Levin said there was an arrow pointing along the horizontal part of the
building too on the site plan. Architect Fort- Brescia showed the site plan.
Mayor Edelcup said the bonuses and the TDRs, the 10 %, is paid up front and the remainder is
paid at the end, how is the flexibilitv bonus going to be paid? Ms. Hasbun said that is
collected at Building Permitting. Mayor Edelcup said then that is not subject to a 10%
deposit. and Ms. Hasbun said no. we do not have a requirement of a 10% deposit. Mayor
Edelcup asked the City Attomey if that is in the Code, and he said no but that the developers
could pay it if they agree to. Mayor Edelcup said it seems like the general rule has always
been 10% of all fees up front, and he asked that condition be put into the Resolution. He also
wants that condition to be in the Code in case another one comes along like this one.
Commissioner Scholl moved with the amendment to include 10% of the flexibility bonus at
the up -front payment. City Attorney Ottinot clarified to the developer that it will be 10% for
bonuses. TDRs. and flexibility allowance. and the developer agreed.
7
Summary Nimmes: Regular Ciry Commission Meeting October I6, 2014 City of sunny Isles Beach. Florida
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion for approval, as
amended and subject to staff conditions. Resolution No. 14 -Z -146 was adopted by a roll
call rote of 5 -0 in favor.
Vote: Commissioner Gatto
ves
Commissioner Levin
ves
Commissioner Scholl
ves
Vice Mavor Aelion
ves
Mayor Edelcup
ves
[City Clerk's Note: Items JON, 100, and 106i' were heard after Item 6B.]
ORDINANCES FOR FIRST READING
[City Clerk's Note: Item 7A was heard after hem IOW and the remainder ofthe agenda was
heard in order.]
7A. An Ordinance of the City Commission of the City_ of Sunny Isles Beach, Florida. Amending
Ordinance No. 2014436; Amending the City's Budget No. BA1415 -01 for the 2014 -2015
Fiscal Year to Adjust the General Fund for Parks Capital Outlay Requests; Authorizing the
City Manager to Do All Things Necessary to Implement the Terms and Conditions of this
Ordinance: and Providing for an Effective Date.
(Deferred from 09/23/14)
Action: City Clerk Hines read the title. and City Manager Russo reported that we left off
some equipment and a vehicle for the Parks Department and instead of changing the whole
budget we had decided to make it the first amendment to the approved budget.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading, public hearing will be held on Thursday, November 20,
2014, at 6:00 p.m.
Vote: Commissioner Gatto
ves
Commissioner Levin
yes
Commissioner Scholl
yes
Vice Mayor Aelion
yes
Mayor Edelcup
yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach. Florida. Amending
Chapter 265 -38(4) of the Code of Ordinances of the City of Sunny Isles Beach to Correct a
Scrivener's Error and to Clarify the Buffer Zone Between Properties in the Business
Overlay District and Properties in the Residential District; Providing for Repealer;
Providing for Severability: Providing for Inclusion in the Code_: Providing for an Effective
Date.
Action: City Clerk Hines read the title. and City Attorney Ottinot reported.
Summary Jtinutes: Regular Cim Commission \feeling October 16, 2014 Croy of Sunny Isles Beach, Florida
Public Speakers: None
Commissioner Scholl 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, November 20,
2014, at 6:00 p.m.
Vote: Commissioner Garin ves
Commissioner Levin ves
Commissioner Scholl ves
Vice Yfayor Aelion ves
Mavor Edelcup ves
7C. An Ordinance of the Cite Commission of the City of Sunny Isles Beach. Florida. Amending
Chapter 265 "Zoning" Section 265 -18 of the City Code to Require Submission of Costs of
Construction of Development Projects and Appraised Value of Artwork Designated for
Development Projects in the Site Plan Application Process; Providing for Severability;
Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and
Providing for an Effective Date.
Action: City Clerk Hines read the title. and City Manager Russo and Zoning
Administrator/Planning Manager Claudia Hasbun reported that this is to consolidate the
language of the site plan requirements section to reflect requirements that satisfy Section 104
Of the Code.
Public Speakers: None
Vice Mayor Aelion said he had a question that relates to the project we just approved [Item
6B]. There is a cap of $500.000 for artwork to be conducive to the Art in Public Places. As
far as the layout is going to be by the developer because the choice of the structure, the
critique, and so it is going to be specifically the City's or the charity? Ms. Hasbun said those
funds are going to be trust funds for that program. City Attorney Ottinot clarified that the
developer has two options, they can either construct a work of art on the site and they will
not have to contribute to Arts in Public Places. But if they wish to contribute. those funds
will go to the City. Mayor Edelcup asked once the funds go into the Trust Fund, who in the
City determines how to use those funds? City Attomev Ottinot said the Citv Commission.
Ms. Hasbun said the developers have not decided vet but will come back to the Commission
to present that piece of art, if not, they will submit as stipulated in the conditions for the site
plan, to provide $500,000 to the Trust Fund.
Commissioner Scholl 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, November 20,
2014, at 6:00 p.m.
Vote: Commissioner Gatto Ves
Commissioner Levin yes
Commissioner Scholl yes
Vice Mavor Action yes
Mayor Edelcup yes
Summon. Minutes: Regular Ciw Commission Nleeting October 16, 2014 Cin. of Sunnv Isles Beach. Florida
S. 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 Cite of Sunny Isles Beach, Florida. Amending
Ordinance No. 2013 -412; Amending the City's Budget No. BA1314 -06 for the 2013 -2014
Fiscal Year — Capital Projects Fund, 20tO Capital Projects Fund, and 2011 Capital
Projects Fund: Authorizing the City Manager to Do All Things Necessary to Implement the
Terms and Conditions of this Ordinance: and Providing for an Effective Date.
(First Reading 09/]8/14)
Action: City Clerk Hines read the title, and Finance Director Audra Curts -Whann reported
that we made some reclassifications so that we could fully utilize the 2010 /2011 bonded
Capital Projects money and close those funds as of September 30. 2014.
Public Speakers: None
Vice Mavor Aelion moved and Commissioner Levin seconded a motion to adopt the
Ordinance on second reading. Ordinance No. 2014 -437 was adopted by a roll call vote
of 5 -0 in favor.
Vote: Commissioner Gatto
ves
Commissioner Levin
ves
Commissioner Scholl
ves
Vice Mavor Aelion
ves
Mayor Edelcup
ves
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving
a Lease Proposal with Chester's Harley- Davidson of Ft. Lauderdale for the Lease of
Three (3) Police Motorcycles, in a Total Lease Amount Not to Exceed 541.077.96 for a
Three (3) Year Period, Attached Hereto as Exhibit "A ": Authorizing the City Manager or
Designee to Execute Said Lease Proposal: 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 Captain Michael Grandinetti reported that we are
2oin2 to lease 3 motorcycles this year and doing a transition into purchasing our motorcycles
because after doing a cost analysis, we decided it is more cost effective to purchase them.
Currently we are doing the 2 -year lease and the motorcycles are still very valuable. We are
turning them back into Peterson's and they turn around and sell them for almost new. At the
end of this lease we may purchase all our motorcycles.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014 -2307 was adopted by a voice vote of 5 -0 in favor.
lul
Summm- Minutes: Regular Cin Commission Meeting October 16.2014 Cin. of Sunny Isles Beach, Florida
10B. A Resolution of the Citv Commission of the Cite of Sunny Isles Beach, Florida. Authorizing
the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984. and
in Accordance with Section 932.7055, F.S.. to Expend Partial Forfeiture Funds from the
Department of Justice (DOJ) and Law EnN eement Trust Fund ( ETC) to Purchase
Three (3) Police Motorcycles, and Emergency Lighting and Equipment Listed on the
Attached Certification, in an Amount Not to Exceed $68.696.28_: Providing for an Effective
Date.
Action: City Clerk Hines read the title into the record noting the above revision. and Captain
Michael Grandinetti reported.
Public Speakers: None
Vice Mayor Action moved and Commissioner Levin seconded a motion to approve the
resolution, as amended. Resolution No. 2014 -2308 was adopted by a voice vote of 5 -0 in
favor.
10C. A Resolution of the City Commission of the Citv of Sunnv Isles Beach. Florida. Approving
the Purchase of Three (3) 2015 Harley Davidson Police Road King tMotorcycles from
Chester's Harley Davidson of Ft. Lauderdale, and Associated Emergency Lighting and
Equipment from Strobes -R -Us, Inc., in a Total Amount Not to Exceed 568.696.28,
Attached Hereto as Exhibit "A ": Authorizing the Citv Manager to Do All Things Necessary
to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title. and Captain Michael Grandinetti and Chief Fred
Maas reported.
Public Speakers: None
Mayor Edelcup asked if they have a cycle estimate of how many years you are going to use
the motorcycles. and Chief Maas said we fully anticipate in some cases because of the low
mileage we may get as many as five (5) years on the vehicles, and they maintain their value
extremely well so that the profit will come back to the City selling the motorcycles. Mayor
Edelcup noted that it is only the first purchase that the forfeiture funds can be used for. and
Chief Maas said that is correct.
Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2309 was adopted by a voice vote of 5 -0 in favor.
101). A Resolution of the City Commission of the City of Sunnv Isles Beach, Florida, Approving
Two (2) Additional Steps for Sergeant in Conformance with All Other Step Plans in the
Pay Plan; Approving a Revised Pay Step Plan for Sworn Police Officers Based on a
Salary Survey Conducted Pursuant to the Collective Bargaining Agreement Between
the Ciry of Sunny Isles Beach and the Police Benevolent Association (PBA), Attached
Hereto as Exhibit "A": Authorizing the Citv 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 the City
entered into a Collective Bargaining Agreement with the Dade County Police Benevolent
Association on March 15, 2012. A section of that Contract requires the City to undertake a
Summan. Minutes: Regular Cin Commission Meeting October 16, 2014
City of Sunny Isles Beach, Florida
Step Plan Survey which includes the Cities of Aventura. Bal Harbour. Surfside. and
Hallandale Beach. This was his first experience with the Union in this City and he can't
emphasize enough the level of collaboration that took place and he thanked the
representatives, Sgt. Athanasiou, and members of the PBA. The results of the Step Plan is
outlined in Attachment "A ", and the survey with the four (4) cities is outlined in Attachment
"B ". We also added two steps to the Sergeants schedule.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2310 was adopted by a voice vote of 5 -0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving
a Request Submitted by 18555 Developers, LLC to Naive the Landscaping and Front
Setback Requirements for the Construction Fence at the Porsche Project Located at
18555 Collins Avenue: Establishing Conditions for the Relocation of the Construction
Fence: 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 Hines read the title. and Zoning Administrator /Planning Manager
Claudia Hasbun reported this is for the temporary construction fencing and we have no
objection to their request.
Public Speakers: None
Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2311 was adopted by a voice vote of 5 -0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving
Change Order No. 1 to the Agreement with PAC Comm, Inc. to Provide Construction
Services for the Intracoastal Seawall Emergency Repair Project, in an Amount Not to
Exceed $400.982.95, Attached Hereto as Exhibit "A": Authorizing the City Manager to Do
All Things Necessan to Effectuate this Resolution: Providing for an Effective Date.
Action: [City Clerk's Note: Correspondence from Calvin Giordano & Associates, Inc. was
distributed prior to the meeting.] City Clerk Hines read the title. and Public Works Director
Bill Evans reported when we break the cap off the top there is no support for the panels, they
will twist and fall. and DERM aerees they need to be replaced. This change order is for new
panels, new king pile, new batter pile .which will eliminate the need for tie -back on the north
side, and 523.000 for backfill. On the south side the backfill will be done from the land side.
and on the north side all the work will be accomplished from the water side. He noted that
he may be back because we need to take into account the fence that needs to be reinstalled on
the south side. the landscaping that has been disturbed and destroyed. the irrigation and
electrical. etc. We think an accurate budget number is about 5100.000. City Manager Russo
said at the end of the day, he thinks this entire project will be about 51.7 Million.
Public Speakers: None
Vice Mayor Aelion mowed and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014 -2312 was adopted by a voice vote of 5 -0 in favor.
12
Summary Minutes: Regular City Commission Meeting October 16. 2014 City of Sunny Isles Beach. Florida
10G. A Resolution of the Citv Commission of the Cite of Sunny Isles Beach. Florida. Approving
the Fifth Amendment to the Agreement with Lukes- Sawgrass Landscaping, Inc. for
Citywide Landscaping Services, in an Amount Not to Exceed $825,756.00 for a One -fear
Period. Attached Hereto as Exhibit "A": Authorizing the Mayor to Execute Said
Amendment: Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution: Providing for an Effective Date.
Action: Citv Clerk Hines read the title. and Public Works Director Bill Evans reported this
is 5575,640 for general weekly maintenance. in addition to that is 5250,000 which is about
an 581.000 buffer for extra things that come up to include our quarterly change -out of
flowers, mulch, auto damages, etc.; and is consistent with what we have done in years past.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2313 was adopted by a voice vote of 5 -0 in favor.
1011, A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving
the Third Amendment to the Agreement with The Goodyear Tire R Rubber Co. to
Provide Fleet Maintenance and Repair Services, in an Amount Not to Exceed 560;000.00;
Approving the Purchase of Tires. in an Amount Not to Exceed $22.500.00, for a Total
Amount Not to Exceed 582,500.00, Attached Hereto as Exhibit "A": Authorizing the Mayor
to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary, to
Effectuate this Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title; and Public Works Director Bill Evans reported
noting that this is a piggyback off of a State contract.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2314 was adopted by a voice vote of 5 -0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Second Amendment to the Agreement with John Churchill for Fleet i\laintenance
and Repair Services to Provide Heating and Air Conditioning Services to City -Owned
Buses. in an Amount Not to Exceed 530.000.00, Attached Hereto as Exhibit "A ":
Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported
noting that they come to us, we don't go to them.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014 -2315 was adopted by a voice vote of 5 -0 in favor.
13
Summanv Minutes: Regular Cin Commission Meeting October 16, 2014 City of Sunny Isles Beach, Florida
I OJ. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida: Authorizing
the Purchase of Parts and Supplies from W.W. Grainger, Inc. for the Maintenance of
the Government Center, Streets, and Parks for Fiscal Year 2014/2015, in an Amount Not
to Exceed 580.000.00: Authorizing the City Manager to Do All Thines Necessary to
Effectuate this Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported
noting this is a piggyback off of a State contract.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014 -2316 was adopted by a voice vote of 5 -0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida; Approving a
Consultant Agreement with Calvin Giordano & Associates, Inc. to Provide Emergency
Seawall Repair, Design, Permitting and Inspection Services, in an Amount Not to Exceed
S1li.285.00. 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 Public Works Director Bill Evans reported
noting in actuality it will be about SI38,000 because we have approved 525,000 worth of
work already. It is about 10% of the overall contract value. Per DERM we have to design it.
engineer it, inspect it, and submit final copies of permitting to complete this project. It is
kind of a reverse approach because of the emergency.
Public Speakers: None
Commissioner Scholl said you are saying that DERfM is reliving on our Engineering
Consultant for basically most of the services that they would normally want to provide. and
Mr. Evans said that is correct.
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2317 was adopted by a voice vote of 5 -0 in favor.
10L. A Resolution of the Citv Commission of the City of Sunnv Isles Beach. Florida. Authorizing
the City to Execute an Agreement between Miami -Dade County and the City of Sunny
Isles Beach for Sanitary Sewer Facilities for Samson Oceanfront Park, Attached Hereto
as Exhibit "A Authorizine 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 Public Works Director Bill Evans reported as
pan of our upgrading of Samson Oceanfront Park when we take it back from the Chateau
Group and we make some improvements. one of the main improvements is to increase the
capacity of our bathrooms, upside the seNver line to include a grinder cup, part of that is
amending the Agreement that we have with the County so we can finish the design to get this
project going.
14
Summon, Minutes: Reeular City Commission %leetme October 16, 2013 Cin. of Sunny Isles Beach, Florida
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2318 Nvas adopted by a voice vote of 5 -0 in favor.
lON1. A Resolution of the Citv Commission of the Cite of Sunnv Isles Beach. Florida. Authorizing
the Cihv Manager or Designee to Purchase Necessary Office and Other Supplies from
Home Depot (VN #806), Staples Advantage (VN 94557), and Costco (` IM6493) for Fiscal
Year 2014 -2015, in an Amount Not to Exceed $120.000.00 Annually. Subject to Certain
Conditions: Authorizing the Cite Manager to Do All Things Necessary to Effectuate this
Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title. and Finance Director Audra Curis -Whann reported
that we will be bringing to the Commission various blanket purchase orders instead of doing
multiple small purchase orders throughout the year. Home Depot is for $40,000, Staples is
for $40,000, and $25,000 for Costco with a potential contingency of up to S15,000 for
unknown supplies as needed by our various departments during the year.
Public Speakers: None
Commissioner Levin moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014 -2319 was adopted by a voice vote of 5 -0 in favor.
ION. A Resolution of the Citv Commission of the City of Sunny Isles Beach, Florida. Authorizing
the Transfer of Development Rights ( "TDRs ") in the Amount of 83,445 Square Feet of
Floor Area ( "FAR ") and Forry -Two (42) Dwelling Units to Sunny Isles Properh
Venture, LLC for the Property Located at 15701 and 15795 Collins Avenue from
Private TDR Bank Accounts; Approving an Assignment Agreement Between PMG -S2
Sunni Isles. LLC and Sunny Isles Property Venture, LLC; Directing the Zoning
Administrator or Designee to Transfer the TDRs from the Private Bank Accounts in
Accordance with Zoning Resolution No. 14 -Z -136; Authorizing the Adjustment and
Modification of the Private TDR Bank Accounts: Providing the Citv Manaeer with the
Authority To Do All Thinus Necessary_ to Effectuate this Resolution_: Providing for an
Effective Date.
(Hear in Conjunction with Item 6B. 100. and IOW)
Action: City Clerk Hines read the title. and Zoning Administrator /Planning Manager
Claudia Hasbun reported.
Public Speakers: None
Vice Mavor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2320 was adopted by a voice vote of 5 -0 in favor.
15
Summa Minutes: Rqular City Commission Meetino October 16. 2014 City of Sunny Isles Beach. Florida
100. 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 49,018 Square Feet of
Floor Area ( "FAR ") and Ten (10) Dwelling Units to Sunny Isles Property Venture,
LLC for the Property Located at 15701 and 15795 Collins Avenue from the City's TDR
Bank Account; Directing the Zoning Administrator or Designee to Transfer the TDRs From
the City's Bank Account in Accordance with Zoning Resolution No. 14 -Z -146: Authorizine
for the Adjustment and Modification of the City's TDR Bank; Providing the City Manager
and City Attorney with the Authority To Do All Things Necessary to Effectuate this
Resolution_: Providing for an Effective Date.
(Hear in Conjunction with Item 613, ION and IOW)
Action: City Clerk Hines read the title_. and Zoning Administrator /Planning Manager
Claudia Hasbun reported. y
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2321 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 a
Charitable Contribution to the Sunny Isles Beach K -8 Trust Fund for the Florida
International University (FIU) First Generation College Scholarship Program. in an
Amount of S5.000.00: 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.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2322 was adopted by a voice vote of 5 -0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving an
In -Kind Donation to the Girl Scout Troop at the Norman S. Edelcup /Sunny Isles Beach
K -8 for the Use of Space at Pelican Community Park, in an Estimated Value of $1.500.00
for School Year 2014-2015; Authorizine the City Manager to Do All Things Necessary to
Effectuate this Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title. and Cultural and Community Services Director
Susan Simpson reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2323 was adopted by a voice vote of 5 -0 in favor.
E
Summary Minutes: Regular Cin Commission Meeting October 16, 2014 Cay of Sunny We, Beach, Florida
IOR. A Resolution of the Cite Commission of the Citv of Sunny Isles Beach, Florida. Pursuant to
Section 5.1 of the Municipal Charter. Calling for a Special Election to be Held on
Tuesday, February 17, 2015, for the Purpose of Submitting to the Electorate of the City
of Sunny Isles Beach the Names of All Qualified Candidates for Election to the Position
of City Commissioner, Seat 03 (Southern Residential Area); Providing for a Run -Off
Election if Necessary. to be Held on Tuesday. March 17.2015: Designating One Registered
Voter Who Shall Serve with the City Manager and the City Clerk as the Canvassing Board
for Said Special Election: Providing for Conducting the Election. Polling Places. Form of
Ballot. Voter Registration. Notice of Elections; Providing for an Effective Date.
Action: City Clerk Hines read the title, and reported that Emanuel Pine is the designated
registered voter to serve on the Canvassing Board. The Qualifying Period is from Tuesday.
December 2 until 4:00 p.m. on Friday. December 5. 2014.
public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2324 was adopted by a voice vote of 5 -0 in favor.
IOS. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Amending
Resolution No. 2013 -2100 Scheduling the Citv Commission Meetings for Calendar Year
2014, by Adding a Special City Commission Meeting on Tuesday, December 2, 2014 at
6:30 p.m., to Swear -In Newly Elected Officials and to Confirm the Mayor's Appointment to
Temporarily Fill the Vacated City Commissioner Seat 03; Changing the Time of the
November 20, 2014 City Commission Nfeeting to 6:00 p.m.: Providing for an Effective
Date.
Action: City Clerk Hines read the title; and reported.
public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014 -2325 was adopted by a voice vote of 5 -0 in favor.
10T. A Resolution of the City Commission of the City of Sunnv Isles Beach, Florida. Authorizing
the Purchase of Equipment from DELL for Fiscal Year 2014/2015, in an Amount Not to
Exceed 568.000.00, by Utilizing State of Florida Contract No. 250- 000 -09 -1 and/or No. 250 -
N\'SCA- IOACS: Authorizing the City Manager to Do All Other Things Necessary_ to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title. and Chief Information Officer Derrick Arias
reported.
Public Speakers: Drone
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2326 was adopted by a voice vote of 5 -0 in favor.
17
Summary Minutes: Regular Cite Commission Meeting October 16. 2014 City of Sunny Isles Beach, Florida
IOU. A Resolution of the City Commission of the Citv of Sunny Isles Beach, Florida; Authorizing
the City Manager to Expend Budgeted Funds in an Amount Not to Exceed $60.000.00 for the
Annual Maintenance and Support with Sungard Public Sector, Inc. to Provide Technical
Support and Software Upgrades for the Police Department Computer System;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution_:
Providing for an Effective Date.
Action: City Clerk Hines read the title_. and Chief Information Officer Derrick Arias
reported.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2327 was adopted by a voice vote of 5 -0 in favor.
IOV. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of Additional Professional and Software Services from Information
Consultants, Inc. for Fiscal Year 2014 -2015, in an Amount Not to Exceed 539.000.00;
Authorizing the City Manager to Do All Things Necessan, to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title; and Chief Information Officer Derrick Arias reported
notine this covers the annual maintenance and support for our existing Laserfiche software
and a new module (Laserfiche forms) to support process automation. The first thing we are
goina to be working on is related to the new Finance System that we just implemented.
There is also a $5,000 contingency to continue assisting the departments in transitioning to
electronic document storage.
Public Speakers: None
Finance Director Audra Curts -Whann thanked Derrick and the IT staff for some Laserfiche
integration they did with our new Finance system. The technology and the way they are
doing it is amazing. They are making the Finance Department system practically paperless,
and as we are doing transactions we scan all the backup in at that moment. When we save
the transactions for the City ManaQer's approval, her approval; etc., it comes to us
electronically. There is no more paper going from desk to desk, and we are actually able to
pull things up and view them on the screen and approve them. In the future this will reduce
all our document storage as well. We will maintain any paper that we have only through the
Audit. She just wanted to give kudos because they worked hard and they have really done a
tremendous job making this work with our new Finance software.
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2014 -2328 was adopted by a voice vote of 5 -0 in favor.
UK
Summary Minutes: Regular City Commission Meeting October 16. 2014 City of sunny Isles Beach. Florida
10W. A Resolution of the City Commission of the Cite of Sunny Isles Beach; Florida. ("City')
Terminating a "Declaration of Restrictions and Grant of Easement" Submitted by
Sunny Isles Property Venture, LLC, for the Property Located at 15701 Collins Avenue,
Sunny Isles Beach, Florida, Attached Hereto as Exhibit "A ": Authorizing the City Manager
and Cite Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution:
Providing for an Effective Date.
(Hear in Conjunction with 6B, l ON and 100)
Action: Cite Clerk Hines read the title. and City Attorney Hans Ottinot reported.
Public Speakers: None
Vice Mayor Action moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2329 was adopted by a voice vote of 5 -0 in favor.
[City Clerk's Note: The Commission took a 5- minute break after this item, and then heard
Item 7A and the remainder of the agenda in order.]
10X. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Ratifying a
Settlement Agreement Between the City of Sunny Isles Beach and Gilberto Avilan
Cohen and Margarita Cohen (`Unit Owners') of the Plaza of the Americas
Condominium. Attached Hereto as Exhibit "A ": Providing the City Manager and the City
Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution:
Providing for an Effective Date.
Action: [City C'lerk's Note: This item was distributed prior to the meeting.] City Clerk
Hines read the title; and City Attorney Hans Ottinot reported.
Public Speakers: None
Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2014 -2330 was adopted by a voice vote of 5 -0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
None
m
summary Minutes: Regular City, Commission Meeting October 16, 2014 Cin. of Sunm- Isles Beach. Florida
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COtMNIUNICATIONS
13A. Caroline Mathews to Discuss three Issues: 1) Overcrowding in School; 2) Supervision
needed in Pelican Communitv Park for after school; and 3) Soap is needed in Bathroom
Dispenser on First Floor.
Action: Carolina Mathews said she has three issues: 1) Overcrowding of the School: It has
come to her attention that there are many students there that do not live in our District. and
there are also mane students that are children of people who are not even Florida residents.
She would like to know what is being done to rectify this situation. our classrooms are
overcrowded, the garage doesn't even house enough spots for all the teachers, and this is
absolutely unacceptable. The floor that was just built there is inadequate for the amount of
students in the school.
Mayor Edelcup said it is an ongoing work in the City to work with the Miami -Dade County
School Board for expansion of the school. and we are working in that direction. Ms.
Mathews said expansion is great however unless you stop these other children from other
areas coming in; von can expand all you want. Mayor Edelcup said he would address that as
well because that is something we have been working on for a number of vears. In fact the
Citv volunteered and paid for the cost of a Special Inspector to vouch for each student who
was eoine to that school as to whether or not they lived here in the City. In fact
Commissioner Scholl even recommended that he would spend time in setting up a computer
program to try to accomplish the same goals. The school system is run by the County
although the City does have some influence because we did make a significant donation to
the County for the school. We are continuously trying to monitor to get the children that are
not in our district out of that school but it takes the cooperation of the school district
themselves_. unfortunately the school district has not been as aggressive as we would like
them to be. They get paid for each student that goes to that school on a head count basis. and
they don't really care if somebody is coming in from Broxvard County- because all of a
sudden they are getting these extra dollars because that student is there. Mayor Edelcup said
in answer to your question, yes it is an ongoing discussion that we have with the County.
again it is out of our hands. we can't force the County to do anything. We can volunteer our
services to make it easier for them to police it, and we can try to influence them to do that.
We have done it, two years ago by the time we finished the program with them there were
some 40 children that were taken out of the school because they lived outside the district.
Mayor Edelcup said the other thing that we did accomplish with the County was when the
school district was originally set. it was set to include the area that is known as Eastern
Shores in North Miami Beach. By the second year of the school's opening we all realized
that the school was going in the direction of over- crowding and we convinced the County to
redraw the district to eliminate the Eastern Shores students. We made a provision though
that. those that were already in the school can finish their eight (8) years because we didn't
want to pull them out. It did not include siblings that hadn't been enrolled. Again, if the
Principal does that it is not part of the original deal that we made with the County. The deal
that we made with the Countv was if a sibling was not enrolled in that school they could not
come to that school. but the child that was in the school could finish. Again, it is up to the
County to enforce that particular agreement. and again, we keep reminding them of that and
trying to prod them to do it.
20
Summm- Minmes: Rewlar Cin Commission Nleetine October 16, 201 i Cm of Sunnp Isles Beach, Florida
Nlayor Edelcup said that leads him to the third thing that we are trying to do and that is
taking into account the fact that the first two have not been such great successes because the
school is overcrowded. We have a lot of those who own property here in Sunny Isles Beach
that only reside here for part of the year but they are the tax payers and so when they do come
here and brine their children to the area. they can enroll them in the school for the short
period of time that they are here. Ms. Mathews said then that a person does not have to be a
Florida resident to go to that school? Mayor Edelcup said no.
Ms. Mathews said what she is mainly discussing is the students that are using addresses that
they don't live at. The fact that you took out 40 kids that is wonderful but the number that
she has been quoted is about 600. NIavor Edelcup said that number is way high. When we
went through the system at that time we were able to identify what we thought were around
200 and of the 200 only 40 or 60 of them were actually removed from the school. We would
be foolish to think that we have purified the system and that it is working fine because we
know it isn't. The only thine we can do in the end is to work with the Countv to try to
convince them that thev need to work in the same direction that we are working. At the same
time we know that the City is still adding in a number of apartments, there is 1.500 under
construction right now, there is probably another 1,500 that will come in in the next couple
of years and so we are working with the School Board and we are on their budget list for an
expansion of this school. That expansion hopefully will resolve itself in the next couple of
years and he hopes that the Commission that is here will work with the School Board to
identify a site in the City to expand the school facility so that we can add more classrooms
because he doesn't really believe in the end that the problem will resolve itself by just
removing the out -of- district kids out of the school because we do have such an influx still
coming in from new apartments that will be built in the future. and we do have the situation
.where the foreign residents can bring their children here. He spoke to the Principal yesterday
and we are at 1;980 students, and the expansion itself is to be just 1.980 and we are hitting it
right now and the winter season hasn't even come which means there will probably be
another 40 or 50 children that will be trying to be enrolled for the short period of time that
they are here with their parents. It is a problem that he sympathizes with her and it isn't that
this Commission hasn't worked diligently to tr_y to resole and come to a better solution but
it is eoing to take time.
Commissioner Scholl said the practical implications are we have leverage when they want
money. So four (4) years ago when they wanted to build the addition on the top of the
parking garage we had leverage because they wanted money. When they don't want money
we have a hard time telling them what to do because we don't control them, it is a separate
body. And so what we did was we made basically a donation to the School Board in order to
induce them to build the school and then we let them use the Park. We have invested a lot of
money from our City to have that facility but they are an independent body and they work on
their own and unfortunately the mindset is not very sympathetic to moving kids out of the
school. and it has been a problem. The last time they came for monev he was very vocal
about it and said we are not giving you money unless you deal with this problem. To the
Mayors point. they placated us, they didn't really eo after it. What he hears from the
parents. 10% to 20% and so if there are 2.000 students. populating between 200 to 400 kids
that is a lot of classrooms. If you have 40 kids in the classroom now that is 10 classrooms
that would seriously relieve overcrowding. To the Mayor's point, he agrees. the City
continues to grow but it is insult to injury if we don't do anything about the core problem. If
21
Summan, Minutes: Regular Croy Commission Meeting October 16. 2014 City of Sunny Isles Beach. Florida
we know what the growth is and we know what the school should be at, then we can allocate
properly. and if the school needs additional capacity then we deal with it. But right now it is
very frustrating because ultimately, as the Mayor said, he went to them and said look we will
give you IT resources. we will give you whatever you need to do a thorough investigation of
who belones there and who doesn't belong there. It fell on deaf ears, they are not inclined to
make it difficult for the kids that are there. Unfortunately for those kids, it is the parents that
decided to put them there. In addition to what you are saying is that is why we have such
traffic problems in the moming because people are driving from out of the City. If all the
kids lived in the area they would be walking or riding their bicycles to school and the traffic
would be mitigated considerably. He feels that until they really want something again, that is
when we are going to have the ability to try to really mitigate the problem, and as the Mayor
is pointing out, then decide if we really need additional capacity or not.
Caroline i�,Iathews said the second thing is 2) Pelican Community Park where all the kids
gravitate towards after school is over, it is completely unsupervised. The older children
to 8h grade, the boys specifically rough house to a level where it is dangerous to the little
children that are there. Today her son almost got hit in the head with a water bottle that was
kicked from across the Park. There needs to be some kind of supervision so that all the
children in that Park are safe. This kind of rough housing has to stop because they put each
other in headlocks_. they are wrestling each other to the ground, they can hit each other's head
on the concrete, it is not okay, it has to stop. Some funds need to be provided to have some
supervision every single day at that Park after school is over.
City Manager Russo said we are rapidly adding staff to our parks, however, he doesn't know
if everything we are doing is not the direct supervision of people that come to the Park. and
their children in the Park. There still has to be supervision. We have supervision of the
programs that the City runs that kids are in after school. we have supervision of the programs
that are run in the Park that are formalized of the sports nature. Cultural and Human Services
Director Susan Simpson said we also have the facility operation workers scheduled to be out
there at dismissal from 3:00 to 4:00 p.m. Again, it is one guy with a lot of children, we have
five (5) but they are out there at both the north and south entrances plus the whole
playground area. they are really trying to manage the kids everywhere because they get the
kids out of this area and then they are rough housing somewhere else. but it is a public park.
Ms. Mathews said what is going to happen is that somebody is going to die. and there is
going to be a lawsuit against the Ciry which is going to cost all the residents money. or it is
eoine to be against the school which is also going to cost all the residents money. In order to
prevent this don't you think it would be smart to just pay someone to avoid this kind of
situation? If you have not seen the kind of roughhousing that goes on, you should all take a
walk to the park after school and see what is going on there. It is absolutely unacceptable.
Ms. Simpson said that she has and she has tried to stop the children and they do but as soon
as she walks away they eo right back to it or they move outside and do it. Children will be
children and they are unsupervised as the parents arejust leaving them at their own will to do
what they want for the afternoon, and we can't watch every child. We are focusing on
children that are in our program but we can't watch every child that does not want to behave.
parents have to take some responsibility too.
Mayor Edelcup said in going back in this year's budget on the Facilities Workers, we have
expanded from eight (8) to (20) twenty workers. Ms. Simpson said yes and at that particular
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Summary \linutes: Regular Cin Commission Meeting October 16, 2014 Cim of Sunnv tiles Beach, Florida
park we will have two (2) employees at that time. Mayor Edelcup said that he believes that
the Police Department has been authorized to hire some more Communiry Police that would
stay in the Park. Ms. Simpson said yes; and when the Police are at Pelican the students move
over to Margolis. Ms. Mathews said that is a separate issue, this is a park that is attached to
the school, and it is not safe. She said she will look for Ms. Simpson in the Park every day.
Caroline Mathews said the last issue is 3) When the children come to the Library and
they use the bathroom, there is never any soap in the bathroom dispensers. She has
been there at different times of the day and when she complains; she is told they are filled
every morning, someone must be stealing it, and they recommend she eo to the City
Commission meeting. We have all these viruses going around, we have all of these children
who have dirty hands running in and out of the Library touching the books, and all of these
other people doing the same thing, that is an unacceptable situation. Either have someone go
in twice a day to fill the soap dispensers, and how can five (5) soap dispensers be empty by
11:00 a.m. City Manager Russo said that is something that we can take care of. and the City_
Commission said that is the easy one.
13B. Tony Snyder to Discuss his Concern of the Exercise Equipment in the Parks.
Action: Tony Snyder said he is concerned about the exercise equipment in the Parks, they are
terrible. Anywhere in the world you can find wonderful exercise equipment in the Parks and
on the beach. Our City does not have that in the Parks or on the beach. A volley ball court is
also needed. He said he can volunteer his expertise on this. Mayor Edelcup said we have
exactly what you are speaking about on the beach. He suggested that Mr. Snyder make an
appointment with the City Manager. City Manager Russo asked him to give his contact
information to Susan Simpson and we will schedule a meeting with him. Mayor Edelcup
suggested he attend the City Advisory Committee meetings.
13C. Jane Freed to Discuss Major Problems in the 200 Building of Winston Towers with the
decisions made by the Property Manager and the Board regarding their Terraces.
Action: Jane Freed said they have had a contract with a company to do their terraces, and to
comply with their 40 -year certification. Work has stopped since early this year and we have
been living with problems. Parts of their building are unsafe, and the reason for the work
being stopped are somewhat unknown. She has found that there is very little communication
between our Property Manager and our Board of Directors. We are full time residents, and
we purchased this property in 1978 expecting to enjoy our retirement years here. We have
not had use of our terrace for a year. we have no view. we do have a high level of frustration.
We have no confidence in our Property, Manager or the Board of Directors. In fact our
Property Manager has intimidated many of the residents. and tried to intimidate her. They
were snow birds for 14 years, we are now full time residents and faced with lots of questions
and hoping for answers. This afternoon they had a conversation with one of their Board
members and he did give them a brief update that the Engineer is working with the
Contractor, and according to this Board member, the permits have been issued. Her question
is that she does not understand how permits were issued with not knowing what work has to
be done. We sometimes get information from Channel 15 on the TV. and she checked again
this afternoon and we get a blank screen. We need help.
;Mayor Edelcup said there is a Condo Workshop that our City Advisory Committee (CAC) is
getting ready to present to the public. He asked Dana Goldman, Chairperson of the CAC to
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Summary \finales: Regular Cin Commission Meeting October 16, 2014 Ciw of Sunnr Isles Beach. Florida
come up and talk about the \Vorkshop, and he noted that Clay Parker. our Building Official is
also here. Dana Goldman said that our Workshop Series does help and addresses some of
those concerns and issues because the presentation that is going to take place on Wednesday.
October 29, 2014 is actually geared toward unit owner rights and responsibilities. Our guest
speaker is Lazero Gonzalez who is at the Bureau of Compliance through the Department of
Business and Professional Regulations. We are going to be handing out a manual to describe
what your rights are as a unit owner in a condominium. While the Cite of Sunny Isles Beach
doesn't necessarily have jurisdiction over some of the issues that you are grappling with, it
certainly is an ability as a unit owner to say what Tallahassee can and cannot do. what the
City of Sunny Isles Beach can do, for example the issue about permitting. those are issues
within the jurisdiction of the City. Things like are you getting financial reports that you are
requesting, are you getting official records, is your voting process fair and equitable, those
are the things that will be discussed at this Workshop. She encouraged her to attend and get
that information as a way for her to be able to express your rights as a unit owner in a
condominium. Ms. Freed said she will attend that Workshop.
City Manager Russo said that Ms. Freed had stated that parts of the Building are unsafe. he
thinks we should see if we can get access and inspect it. Building Official Clayton L. Parker
said he has sent the Chief Building Inspector over there more than once, but we can go over
again to meet with Ms. Freed and we will take another look at it. The Permits for that repair
has changed as the Contractor left the job, and they recently have applied for change of
Contractor and we just re- issued within the last two weeks the Permits to continue the
repairs. We have one issue with one of the Contractors making sure that he was certified to
do the waterproofing that needs to take place there and we got that resolved. All the permits
have now been issued and the work should now continue with the new Contractor.
Commissioner Gatto thanked Ms. Freed for coming here tonight, but one of the things that
she was thinking about is she really thinks there should be a reorganization of the whole
Statute when it comes to all condominium issues. When you go to the Workshop where Mr.
Gonzalez will be, maybe bring up the idea of a Residents Bill of Rights. She thinks it is time
that it is needed. The fact that you have been dragged through a year without your balcony,
work stopped, boarded up windows, missed steps; all kinds of stuff going on is really
unconscionable. She will talk to Mrs. Freed later and we can come up with some ideas.
Vice Mayor Aelion said the Florida Statute, Chapter 718, which governs condominium law.
a provision allows a homeowner collectively to get a petition and when a certain number is
reached then it is allowing for some kind of grievance to be brought forth but also for a recall
if a Board does not function properly. To that end, these rights are governing the totality of
the Condominium Association. Traditional responsibilities toward the homeowner is a t\yo-
%vav street and so for them to tell you and give you the run around for such a long time
becomes an issue of safety and no use of vour balcony. You are basically enclosed and have
no air coming in and out. You have the right to go around and get that petition, and you have
the right to knock on your neighbors doors.
13D. Robert Freed to Discuss Major Problems in the 200 Building of Winston Towers with
the decisions made by the Property Manager and the Board regarding their Terraces.
Action: Robert Freed thanked the City Commission for allowing them to have this time to
discuss their problems that they are having with the Management and Board of Directors of
-)a
Summon* \linutes: Regular City Commission Sleeting October 16, 2014 Cite of Sunny Isles Beach. Florida
the Winston Towers 200 Building. Unfortunately, we have very serious problems with the
way, our Manager and Executive Board have been managing our Building. When he is
talking about serious problems he is talking about life threatening problems that existed in
their building and still exists in their building. He will focus on one problem even though
there were many more life threatening problems. The one he is going to relate to is a
situation about three vears ago because our building was never maintained the way the other
buildings in the complex are maintained and so it just kept deteriorating. They decided to
patch up the buildings, the condos that needed original work on the terraces. in doing that;
they created such a dangerous situation and it was life threatening. When we came into our
condominium from New Jersey, and when he looked outside at the terrace that was worked
on. he noticed that the balconies were swinging and it was hung up by a thin string of rope,
and it was rubbing against the structure of the balcony. Fortunately it was found and our
terrace didn't fall down. He contacted the Executive Board and showed them the situation
and we had to immediately get one of our maintenance men to tie up the balconies to make
sure they were securely fastened and controlled.
Mr. Freed said another situation %vas just last year when his wife walked out onto the terrace.
and we live on the north side and get an extreme wind, and when she walked out on the
terrace. she actually flew across the terrace where the wind was actually carrying her. She
did not hit the balcony railings hard enough because she could have fell. There was another
situation where there was a tenant of ours who had a granddaughter who was in a wheelchair
and loved to come out and sit on the terrace. The tenant complained that the structure of the
railings and the concrete was so loose that you could merely touch it and who knows what
might have happened. All of those terraces were not kept properly. while the Contractor and
the Engineers guaranteed that it would be structurally sound for four (4) years, that is not
true. We continually had to fix the balcony and kept living in a dangerous situation. When
they were doing that, he went to an Executive Board meeting and explained the problems
they were having with the maintenance of our terraces, and he read an article to them
emphasizing what happened to another building with a similar situation and unfortunately
someone fell and died. When he read the article to the Manager and the Executive Board. the
Manager stated that the article was from New York and it has nothing to do with anything in
Florida. We have been living a very dangerous situation but thankfully nothing has happened
up to now. This same thing could have happened to us. In summary, any common N4anager
or Board would have realized the dangerous structures that we are living under rather than to
have to wait three (3) years until we got a 40 -Year Permit to get the contract started with the
inspection, they should have had the common sense to say we should start now but they
decided to just patch it up and leave our balconies in serious condition. Since the new
contractor came in. recently we took the railings off, and therefore cannot show the
Commission the danger of what had occurred. He felt that the Manager and the Executive
Board took all the monev and threw it away when the proper thing should have been done.
He made the article available to the Commission to read. The lack of proper management
and a proper Executive Board really caused us to live in very serious situations.
\flavor Edelcup said the problem with so much of this is, that Executive Board and your
Management team are appointed or elected by all the residents of the building and they are
your elected people that are representing you and unfortunately too many residents don't take
the time and effort to elect competent people for their Board or their Management team.
Given that situation. he volunteers for the Citv that anv time you feel that von are in an
25
Summary Minutes: Regular Cin, Commission Meetinc October 16. 2014 Cim of Sunnv Liles Beach. Florida
unsafe environment or something appears to be wrong, please contact the Cite; contact Clay
Parker and we will send our people out there. We can't come out there unless somebody
calls us. unless it is a situation where we are responding to a 40 -year inspection or permit that
has been issued. But we have to rely on you to invite us to your buildine to see what is
wrong so that we can determine if we can fight them or not. The other side of that coin like
he said is he doesn't know what it will take but hopefully the City Advisory Committee and
their Condo Meeting Seminars will educate the people that you really need to take the time to
vote in your condo associations for proper, adequate, well trained management and Board of
Directors and not just elect people who are friends of friends who don't get their job done.
Unfortunately that is what we face in so many of these instances and our hands are tied
because \,ou elected them and they are the people we have to deal with. unless you come to
us with a specific problem that we can relate to.
Robert Freed said unfortunately we have a Manager and an Executive Board who are elected
by the unit owners who may not realize what is going on. When you have got serious
problems like this that they are endangering the life of people living in the building, there
should be some authority. Since he has been a snow bird, this is the first year he is here. and
he is putting in his complaint because he will be here all year round. Mayor Edelcup said
you need to contact us on whatever your specific problem is and Mr. Parker will arrange for a
Building Inspector to come out because you have invited us to come there and we can then
comment on it. That is the message that you need to cam to all your other residents as well
as yourselves. Mr. Freed said he will cam that message to the residents. and he will speak to
whoever he has the authority to speak to. to make sure our building is safe because up to now
the way they are maintaining our buildine. if they didn't start doing anything the next step
would be to blow the building up, that is how bad the building has been maintained. There
are other serious issues that could have endangered the life of residents in our building but he
did discover it when he was on the Board approximately 10 -15 years ago and he showed
them the daneer when they were looking to reconstruct the swimming pool and he brought in
an Engineer. He was lookine basically to investigate the seawall because there were reports
that the seawall might be eroded, and this particular Engineer came in and it would be $500
and he would eo down and inspect the seawall. He asked him if he could also look and see
what is happening with our swimming pool, and with this Manager and this same
Engineering company who were supervising the swimming pool and that situation. He said
he cannot walk out of this building and tell him unless they support the north side of the
swimming pool in the garage. if you fill the pool up with water, the pool would collapse. He
also approached it and they were able to get some other consultants to come in and they re-
evaluated it and it was proven that we needed additional support which we did.
Vice Mayor Aelion said he thinks Mr. Freed should run for the Board but more importanth,
the complex, the seven (7) buildings. were built in the late 1970's. most of the other
buildings have a decent Board who took it upon themselves to check about restoration, fixing
the building, the point being that it behooves the leaders of an association the elected board,
the manager, to be on top, no question about it that things here have been neglected seriously.
and as he told Mrs. Freed. if the elections are not forthcoming now then she has to get a
petition for a recall because this is totally unacceptable when you compromise the life safety
of your residents.
26
Summary Minutes: Regular City Commission Meeting October 16, 2014
Cib' of Sunny lsles Beach. Florida
Commissioner Scholl said that the rood news is that life safety trumps everything. You can
come to the City and the City can deal with life safety. That has overriding jurisdiction over
any issues. As the Mayor had pointed out, the Board issues are a separate issue, a separate
body. But the good news is if the problems are as severe as you say they are, then you come
to the Building Official and they would have to be dealt with.
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 9:00 p.m.
Respectfully submitted by:
rr ,
i
-. Jane,A: mes..MMi C. City Clerk
Approved by the City Commission on Nov. 20, 2014
27
S. Edelcup, Mayor
1111412014 Item Cmersheet
5 E City of Sunny Isles Beach
rs
c� o 18070 Collins Avenue
=i r Sunny Isles Beach, Florida 33160
"� oP f• (305) 947 -0606 City Hall
°c `LO ^HO" (305) 949 -3113 Fax
Or SVK
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Jane A. Hines, MMC, City Clerk
DATE: 11/20/2014
RE: Summary Minutes for the October 16, 2014 City
Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the
October 16, 2014 Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Description
Summary Minutes
Item Number: 3.A.
httpl /sunnyisles -ra agendas /CmwSheet.aspx ?ltemID =1492 1/1