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HomeMy WebLinkAbout2010-0318 Regular City Commission Meeting -"" SUMMARY MINUTES Regular City Commission Meeting Thursday, March 18,2010,6:30 p.m. City of Sunny Isles Beach, Florida A TTENTlON ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRA T10N PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner City Attorney Hans Ottinot Assistant City Manager/Services Jorge Vera City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Scholl led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. City Manager Conner introduced the new Finance Director MinaI Shah. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - February 18,2010. Action: Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3B. Special City Commission Meeting - March 3, 2010. Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Add-On Item 5B. Presentation regarding Alonzo and Tracy Mourning Senior High School. Action: Mayor Edelcup noted the above change to the agenda. Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve the above change to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting March 18,2010 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS SA. Presentation of the City of Sunny Isles Beach Draft Audit Report for Fiscal Year 2008/2009. Action: City Manager Conner noted that City Auditor Jerry Chioca, of Marcum Rachlin, has been ill but is here via conference call, and Dwayne Mathis, Audit Manager, is here to give us a status on where we are with the audit. Mr. Mathis reported that as of today, they are in the wrap-up stages of the audit, and this is due to some unforeseen circumstances: 1) Jerry Chioca has been ill; 2) Issues that came up towards the end of the Audit regarding property values and recording them on the financial statements; and 3) getting additional information from Finance. They plan on having the financial statements issued prior to March 31, and the City will meet its regulatory obligations. Mayor Edelcup said we will need to reschedule Mr. Chioca and Mr. Mathis for the April 15 , 2010 meeting to present the Audit Report. Mayor Edelcup said that normally Mr. Chioca reviews their findings, status and any recommendations that they may have that Management and/or the Commission would have to follow up on. Normally we have our audit completed by the end of January with the report delivered to the Commission in February. He is surprised that we are at the end of March and we still don't have an audit report, and he would hope whatever we are doing now, would prevent something like this happening in the future. He wants next year's audit and any future audit report by January 31. If we are going to have delays he would like the Commission informed more promptly. Vice Mayor Thaler asked if this would affect any prior years in our audits, and Mr. Mathis said you will see in the Financial Statements the effects of a prior year adjustment for the value of those lands as of September 30, 2008, and they will also have a note disclosure that describes what those property adjustments are. Commissioner Scholl said he is concerned because we are going to get a signed-off copy in 13 days and we don't have time to review that copy. Sometimes another set of eyes maybe financially oriented picks up on issues that might have been overlooked or misstated. He is not happy with the reason why it is late, and he can't deal with this in the future. Jerry Chioca said he had suggested to the City Manager for them to meet with the Commission one-on-one to review the statement, and then issue the final report. The reports in the future will be done prior to January 31 because this situation with the new personnel and then with the new Finance Director, will not happen again. He said he will get the reports to the Commission mid-week, and coordinate meeting dates through the City Manager. He reiterated that other than the land situation, there is nothing wrong or incorrect or misleading from the books that they have seen. Mr. Chioca said there were many items that he knew were going to be changed such as a re- classifications between a general and storm water fund, that the land issue was 100% clean, and he did not feel comfortable giving out a draft when the Commission deserves to have a statement that is complete and accurate. He will get the draft to the Commission mid-week, will meet one-on-one with the Commission the following week, and get an extension for 30 days if we have to, and the Commission asked Mr. Chioca to go ahead and file for that extension. 2 Summary Minutes: Regular City Commission Meeting March 18,2010 City of Sunny Isles Beach, Florida 5B. Add-On: Presentation by Marianna Talalaevsky and Principal Sally Alayon of Alonzo and Tracy Mourning Senior High School. Action: [City Clerk's Note: Added to the agenda. See action under Item 4A.] Principal Sally Alayon of Alonzo and Tracy Mourning Senior High School presented a DVD on the new High School and its programs. Principal Alayon noted that Mayor Edelcup visited the school last week, and that Vice Mayor Thaler visited the week before. There are 730 students attending 9th and 10th grades, from North Miami, North Miami Beach, Sunny Isles Beach (300 students), and Golden Beach. One of the requirements for the students is to produce community service projects, and that is something that they would like to work closely with Sunny Isles Beach, and they have already contacted Cultural and Human Services Director Susan Simpson. Marianna Talalaevsky is a parent of a 10th grader who will be in the first graduating class in 2012. She said the other cities are involved with different activities such as a writing contest, establishing a scholarship program for its graduating students, etc. She said the school is in need of funds and asked the City for a donation. Commissioner Brezin also suggested fund raising events to earn money for their school. Mayor Edelcup noted that within 2 or 3 years, Sunny Isles Beach will accommodate 50% of the school, and we need to consider it as part of our obligation to make sure that the children get a good education. He said there are a lot of opportunities for students to raise money here, we allocate money for events here in the City and he suggested they contact Ms. Simpson because she will be scheduling the Heritage Park Opening in September. He also said that he had already asked City Attorney Ottinot to develop a scholarship program and we should have that in place at the beginning of next fiscal year. It would be awarded to perhaps 6 children per year that lives in Sunny Isles Beach, and set up a scholarship board at the school to also include the principal of our K-8 school, and perhaps some of the officials here, and to get it established between now and the end of this fiscal year so it starts earning interest. After discussion, it was the consensus of the Commission to: 1) give a donation but for specific earmarked items; 2) set up a scholarship fund; and 3) hire the children to do events in the City, and he understands tonight's DVD was produced by the students and if we can get them to come here to film the new high-rise buildings on Sunny Isles Boulevard, and do a story on the architecture of those buildings, we can put it on Channel 77. Mayor Edelcup asked that they bring a proposal to the April 15, 2010 Commission Meeting listing specific items for a donation. 6. ZONING None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach to Provide that 100% Service Disabled Veterans Shall be Exempt From Paying Resident Parking Permit Costs; Providing for Repealer; Providing for Inclusion in the Code; Providing for Severability; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. 3 Summary Minutes: Regular City Commission Meeting March 18, 20 I 0 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, April 15, 2010, at 6:30 p.m. Vote: Commissioner Brezin Commissioner Goodman Commissioner Scholl Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes 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, Authorizing the Issuance of Not Exceeding $15,000,000 of Capital Improvement Revenue Bonds of the City of Sunny Isles Beach, Florida; Providing for a Supplemental Resolution and a Loan Agreement Setting Forth the Details of Said Bonds; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 03/03/1 0) Action: [City Clerk's Note: This item was heard with related Item lOA.] City Clerk Hines read the title, and City Manager Conner reported noting that we will close on this before the end of the month. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2010-343 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl ~ Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Issuance of$15,000,000 Capital Improvement Revenue Bonds of the City of Sunny Isles Beach, Florida for the Purpose of Financing a Portion ofthe Costs of Development of City Property for City Parks; Accepting the Commitment of SunTrust Bank (The "Bank") to Provide the Financing; Approving and Authorizing the Execution and Delivery of a Loan Agreement with the Bank; A warding the Sale of the Bonds to the Bank; Providing for Severability; Providing for Repealer; Providing an Effective Date. 4 Summary Minutes: Regular City Commission Meeting March 18,2010 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: This item was heard with related Item 9A.] City Clerk Hines read the title, and City Manager Conner reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1538 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Expend Monies from the U.S. Department of Justice Through the Florida Department of Law Enforcement, Justice Assistance Grant (JAG Direct Grant FY2010) in the Amount of $6,521.00, to Purchase a Stand Alone DVD Interview Recording System for the Police Department; Authorizing the Mayor to Execute Said Grant Application; 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. Public Speakers: none Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010-1539 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Acceptance of a Donation of a Three-Wheeled, Electric Ride Scooter from the Parrillo Family in Conjunction with Argus Fire and Casualty Company for Use by the Sunny Isles Beach Police Department; 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 Fred Maas reported noting that this scooter which was in the Chambers, is valued over $5,000, and will be used in the Parks. Public Speakers: none Mayor Edelcup asked that Chief Maas send a letter of appreciation to the Parrillo Family. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1540 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager and/or His Designee to Apply for, Receive and Expend Grant Funds from the State of Florida Recreational Trails Program (RTP), in an Amount of up to $250,000.00, for the Development of a Trail through The Intracoastal Parks; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining, Acceptance, and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner reported. 5 Summary Minutes: Regular City Commission Meeting March 18, 20 I 0 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2010-1541 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, Authorizing the City Manager and/or His Designee to Apply for, Receive and Expend Grant Funds from the State of Florida Land and Water Conservation Fund (L WCF), in an Amount of up to $200,000.00, for the Purpose of Financing Site Improvements at the Bella Vista Bay Park Located at 500 Sunny Isles Boulevard; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining, Acceptance, and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010-1542 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, Authorizing the City Manager to Enter into an Agreement for Additional Work to the Approved Agreement with West Construction, Inc. for Professional Design and Build Services for a Skateboard Park at Town Center Park, in an Amount Not to Exceed $192,878.55, Attached Hereto as Exhibit "A"; 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 Vera reported that this is to create a concession stand, a canopy to cover the skateboard park, and for lighting. Public Speakers: none Mayor Edelcup said the concession stand is for the entire park, not just for the skateboard park, and to look at a third party vendor to run the concession stand, and asked when he anticipates this project to be starting. Mr. Vera said they have scheduled a meeting on April 16, 2010 at Town Center Park with all the users for their input, and West Construction has already started getting soil samples, and that the design and construction of the entire park is 270 days from notice to proceed. Mayor Edelcup said at the Workshop they were told October, and City Manager Conner said he thought it was 140 days but that he would check those numbers and let the Commission know. Mayor Edelcup said then not to start until after the April 16 meeting, and so it is 120-140 days after the 16th. City Manager Conner said yes, we don't want to really commit to anything in the ground until we have held that meeting with the children. Mayor Edelcup said if we can to plan it so we can be ready by October because part of the park will be closed while this construction is going on. Mr. Vera said the meeting is being held to get the main user's feedback so we can design it, and maybe modify the original design. Mayor Edelcup asked Mr. Vera to email them the timetable. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2010-1543 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting March 18, 20 I 0 City of Sunny Isles Beach, Florida lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No. 3 to Agreement with Coastal Construction Company for Professional Construction Services for the Heritage Park and Parking Garage Project, Decreasing the Amount of the Agreement by $814,647.00, Attached Hereto as Exhibit "A"; 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 Vera reported that by paying directly to the subs that are providing the materials, and we are saving $46,255 on taxes, and overall for the entire project we will be saving over $200,000. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010-1544 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Ten (10) Year Extension for the Useful Life of Development Rights Owned by Urbis & Key International, LLLP., Providing that Required Annual Payments are Made to Preserve Such Rights; 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 Assistant City Manager Vera reported noting that they continue to pay $6,637 annually which will be adjusted accordingly. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2010-1545 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Presentation of a Plan for the Park Grounds at Heritage Park. Action: [City Clerk's Note: Renderings of the Heritage Park General Layout Plan were distributed prior to the Meeting. See action under Item 4A.] City Manager Conner introduced Consultants Nina Gladstone and Garren Owens of AECOM who will be presenting renderings for the amenities within Heritage Park. Public Speakers: Nina Gladstone; Garren Owens; Nina Gladstone said they are just about completing the Construction Document Phase of this work. Garren Owens is the designer and he presented the different elements of the Park through renderings. He said it has four major components: 1) the Great Lawn which is a very large lawn that can be used for different activities; 2) two Playgrounds, one for 2-5 year old kids, and one for 5-12 year old kids; 3) a Heritage Wall; and 4) the Parking Garage. 7 - - Summary Minutes: Regular City Commission Meeting March 18,2010 City of Sunny Isles Beach, Florida Mr. Owens reported that the Heritage Wall is currently being proposed at the northeast corner of the site and will be very visible from Collins A venue and also inside the Park. He showed renderings of the wall with the middle section in marble or limestone, like a blank canvass for any immortalization or history, etc., it is also going to be up-lit. The wall varies in height, on the far left and far right ends it is approximately 9-feet above grade, and when you walk up steps and enter into the Heritage Wall area the wall grows in height to about 11-12 feet. Mayor Edelcup said he has some problems with the wall being so tall, he thought the wall would be at ground level and there would not be any stairs up, it would be strictly a wall that would be showing the history of those who have served the City, and it would have a fountain with it. He said he already asked the City Manager to reconsider that approach. Vice Mayor Thaler said if you are standing across the street, the park looks like it is enclosed within the tall walls, the park should look like it is open. Commissioner Goodman asked what the height was, and Mr. Owens said the wall is 9-feet, at the bottom ofthe steps it is 7-feet and it goes up about 2.5 feet in elevation. Mr. Owens said it includes a ramp for the handicapped people. Commissioner Scholl asked if the wall was part of the performance stage feature, the backdrop to the stage, and the Consultants said yes. Mayor Edelcup proposed that the stage or performance area go to the rear of the Park at the rear circle, the southwest corner instead of the northeast corner since there wouldn't be a raised stage as we are bringing it down to ground level. Commissioner Scholl asked if the water feature on the back side of the semi circle was the kind that kids can play in that shoots out of the ground, and Mr. Owens said no, and Ms. Gladstone said we kept it low at the surface because if it becomes water jets that kids can play in, then we have to integrate bathrooms and showers adjacent to it because then it becomes a health issue. City Manager Conner said there are standards set by the County and State and one of them say you have to have restrooms immediately available, and so we had it as a waterfall feature. Commissioner Scholl asked that he be given the HRS Regulations. City Manager Conner said in the center of the wall is a tall glass wall in between the stone segments and water is going to come down into the pond on either side of the glass wall, and the Mayor had commented that instead of the blue seal, to have something bronze because the glass is hard to keep clean and it would be more like art in public places. He said the wall is Florida limestone and it has a gate on each end, and the fence then continues because the Park is enclosed. Commissioner Scholl asked if the fence is six feet like at Town Center Park, and City Manager Conner said yes, that was the plan. Commissioner Scholl said then that the transition to a low wall may be on the right track, if you are going to have a 6-foot wrought iron fence, then at the same time we need to do something that mitigates the fence, and so with a 9-foot wall we might as well go with what they have and do a architectural statement. Mayor Edelcup said to do two renderings, one with a higher wall and one with a lower wall so they can compare the two. He remembers seeing some site plans that we looked at years ago that gave you the 3-dimensionallook, and they could work with our IT people. He noted that the concession stand is in the garage, and Ms. Gladstone said yes, it is on the northern end of the parking garage. 8 Summary Minutes: Regular City Commission Meeting March 18,2010 City of Sunny Isles Beach, Florida Vice Mayor Thaler said we expect to have the basketball court go under the Lehman Causeway, and if it can't go there then it will have to go into the Park on top of the roof of the garage. City Manger Conner said he spoke to Maria at FDOT and she had looked at it and thinks it is a good use under the Lehman Causeway but still has to get the final okay. Mayor Edelcup said in relationship to the lawn in Samson Park, how much bigger is this lawn compared to that lawn, and where we are limited to under 1,000 people at Samson Park for the Jazz Festival this would hold more, and Ms. Gladstone said yes, it is about 30% larger, and where you see the trees around the edges of the lawn, there is a low seating wall there as well as a sidewalk so people can sit along the wall, and there will be a pavilion in the center for people to sit. There is also electricity and lighting provided so you can sit up booths if you want for an event. Mayor Edelcup asked if we are building for amplification for sound system throughout the Park, and City Manager Conner said yes, and we have saturated the Park with outlets, and FPL bumped it up by 30%, as well as conduits. We will also put a platform on the roof so we can go up there and do lighting, and control from that area, and will have a spiral staircase. The speakers would be facing northeast and so it won't affect the condos behind it. Mayor Edelcup said to make sure we have more than adequate lighting there, and Ms. Gladstone said there are utility poles so there is plenty oflighting around the perimeter of the lawn, and the trees are tall Date Palms. Mayor Edelcup asked City Manager Conner to describe how the names will be placed on the Heritage Wall, and City Manager Conner said he wants to have stone finished features and then have shadow boxes (a reverse shadow box) that would be flush with the stone face but we can remove that panel, do any engraving on it, and then put it back. We are looking at using a glass material that will be lit in a way that will really set it off. Mayor Edelcup said we would be scheduling this for the April 15th meeting, and if we can do it 3-dimensional, and what this will do to our costs. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adjourn the m~eting, and Mayor Edelcup adjourned it at 8:10 p.m. Respectfully submitted by: Approved by the City Commission on April 15, 2010 ~A~ Jane A. Hines, CMC, City Clerk 9 City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMQRANUUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC City Clerk DATE: 4/15120 I 0 RE: Summary Minutes for the March 18,2010 City Commission Meeting RECOMMENDA TION: Attached for your consideration are the Summary Minutes for the March 18, 20 10 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes Agenda Item NO.3A Date 411 5/20 I 0 6