HomeMy WebLinkAbout2010-0318 Regular City Commission Meeting
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SUMMARY MINUTES
Regular City Commission Meeting
Thursday, March 18,2010,6:30 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
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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