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Home My WebLink About2009-0605 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Friday, June 5, 2009, 10:00 a.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 10:00 a.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 Acting City Manager Rick Conner City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui Mayor Edelcup gave opening remarks of decorum. 2. PLEDGE OF ALLEGIANCE Action: City Historian Richard C. Schulman led the Pledge of Allegiance to the flag. 3. ORDINANCES FOR SECOND READING (Public Hearings) 3A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing a Loan in the Principal Amount of $20,000,000 in Order to Finance the Cost of Capital Expenditures to be Made by the City; Approving the Form of and Authorizing the Execution by the Mayor or Vice Mayor of a Promissory Note and a Loan Agreement in Substantially the Same Form Attached Hereto as Exhibit "A" with Bank of America, N.A.; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 5/21/09) Action: City Clerk Hines read the title and Assistant City Manager/Finance Doug Haag reported noting that the fixed rate is 4.03% with annual payments of approximately $1.5 Million. The City has pledged to repay the loan through the non ad valorem revenues of the City not the property tax revenues, and the proceeds will be used for property acquisitions, infrastructure projects, and park development. The next step will be to close on the loan in terms of signing off on the loan documents, and the $20 Million proceeds will be disbursed on Monday, June 8, 2009, and then immediately invested so we are earning interest from day one until they are disbursed and spent out on the projects approved by the Commission. Public Speakers: none Mayor Edelcup asked how the money will be invested, and Assistant City Manager Haag said that $15 Million will be invested with Smith Barney in their institutional money market fund, and it will be earning at a rate of .66%. The other $5 Million will be left with Bank of America which will meet the $5 Million depository requirement and will also be invested in Summary Minutes: Special City Commission Meeting June 5, 2009 Sunny Isles Beach, Florida a money market fund at .53%. The sense is that rates will probably be going up and so we are going to take a short position and keep those funds liquid and watch very closely in terms of opportunities at higher yields, taking it out at a longer term but still consistent with our spend out estimates. Within the next 30-60 days we will be engaging an arbitrage services firm to audit the investments and expenditures to make sure they are in compliance with IRS regulations. We have maximum flexibility within our own Investment Policy. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the ordinance on second reading. Ordinance No. 2009-323 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl m Vice Mayor Thaler yes Mayor Edelcup yes 4. ADD-ON: DISCUSSION ITEMS 4A. Add-On: Discussion regarding the Powerboat Races over the City's Anniversary Celebration. Action: Acting City Manager Conner reported that this will not be a nationally sanctioned OSS race, though we have gotten tremendous good will and advertising out of it. Cultural and Human Services Director Simpson said up until yesterday (June 4, 2009) we had not committed any sponsorship funds to Offshore Events LLC until we had a commitment from them that there would be a race on Sunday (June 14,2009). The race on Sunday is a go, it is just not sanctioned by OSS. There are racers coming from all over the country, partially because of Friday' s race, Bimini and back, but they are going to stay and do an invitational race on Sunday. At this time there is no cash prize money however several sponsors have donated $35,000 worth of watches for the winners of the different races on Sunday. OSS staff is coming and they are going to work for free and donate their time. Offshore Events is going to cover their expenses, hotel rooms, meals, car rentals, etc., and they will do it exactly as they would any other race. They will still keep times, they will have their safety teams out, the helicopters will be out, all of those other activities will be going on. The only difference is that they don't get any points, and they won't get any real prize money. Since they now have a scaled back event, we have invited all of the racers after Sunday's race to join us at the Birthday Party event, and get their trophies. Mayor Ede1cup asked ifthere is still going to be a Racer's Village at Haulover, and Cultural and Human Services Director Simpson said yes, and it will be open to the public starting Friday, June 12, at 9:00 a.m. The boats will be there, everything identical to last year, perhaps just a few less, but the bigger teams, as last year, will still be there, probably a few less vendors. The problem was getting sponsorship this year, they couldn't get the sponsors to raise the purse money. They are going to have the parade through Sunny Isles Beach Friday night leaving from Haulover shortly after 5 :00 p.m., go up to the north end of the City, 2 Summary Minutes: Special City Commission Meeting June 5, 2009 Sunny Isles Beach, Florida and then go back to Haulover, and the party will then start with a VIP area. On Saturday they are having the "Poker Run" which is going to Key Largo and back. The boats that are racing on Sunday will be able to practice on Saturday and the race course will be set up for test runs between 10:00 a.m. to 4:00 p.m. Saturday night is the Charity event at the Regent in Bal Harbour, cover charge is $20 per person, with hors d'oeuvres, drinks, and an auction for "Take Stock in Children". Sunday is the Invitational Race and as of this morning, there are 35 boats that are committed to this weekend. Ms. Simpson said this year with the City being simply a sponsor, we are working with the Howard Miller firm to put out new press releases this afternoon with the new information. Now that everything is confirmed, we are putting together a flyer to put on CATV, the City's Web site, the Sunny Isles Beach Sun, etc. There is a lot of advertising for the birthday party within the City and a press release went out again yesterday, and at the bottom of the press release there was information about the powerboat race. The birthday party is on Sunday, June 14 from 12:00 noon to 4:00 p.m. at Samson Oceanfront Park. Vice Mayor Thaler asked if the Commission has to change the wording on the contract now that it is not a sanctioned race, and City Attorney Ottinot said it is really a policy call, if the Commission wants the race to go forward, we can always modify the contract accordingly. It is a provision that we are basically waiving, and verbal instruction is fine. It was the consensus of the Commission to set a drop-dead date of the end of January for the promoters of this event to get their necessary paperwork and funding in place. [City Clerk Note: Mayor Edelcup broke/or a short recess.] 4B. Add-On: Discussion regarding a Request from Raanan Katz regarding 183 rd Street. Action: Mayor Edelcup said this is a request by Mr. Katz to be able to discuss with us the problems that he is having at 183rd Street. Public Speakers: Raanan Katz, Arnold Shevlin The request from Raanan Katz and Arnold Shevlin to remove the stanchions on 183rd Street in order for CVS to agree to move into the building was discussed at length. After discussion City Attorney Ottinot summarized the directive from the City Commission to give staff the authority to negotiate a letter agreement with Mr. Katz which will spell out the terms of the temporary removal of the bollards: 1) RK Associates will be responsible to give CVS notice that the bollards will be temporarily removed and reinstalled a week prior to school; 2) RK Associates will make the City additionally insured on their insurance policy; 3) RK Associates will hold the City harmless ifCVS sues the City, and RK Associates agrees not to sue the City also if we reinstall the bollards; and 4) we agree to work together to try and resolve this matter by installing a traffic light on Collins Avenue, and RK Associates will be responsible for the cost of the installation of the light on their side. 3 Summary Minutes: Special City Commission Meeting June 5, 2009 Sunny Isles Beach, Florida Mr. Katz said if he says here on record that he agrees to the terms, can the Commission instruct staff to remove the stanchions today, and Mayor Edelcup said if the letter is signed today. City Attorney Ottinot said he will have it drafted and if he can sign it by 3 :00 p.m., the stanchions will be down by 3:30 p.m. If the solution is not in place by the time the school opens, the stanchions go back. Mayor Edelcup adjourned the meeting at 11 :55 a.m. ~Respectfully submitted by: ~'~A:~ , Jane A. Hines, Ct0.C, City Clerk Approved by the City Commission on June 18,2009 ... 4 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax ME l\tORAN'nJIM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 6/18/2009 RE: Summary Minutes of Special City Commission Meeting of June 5, 2009 RECOMMENDATION: The Summary Minutes of the Special City Commission Meeting for June 5, 2009 is presented for your consideration. REASONS: ATTACHMENTS: . Summary Minutes Special Commission Meeting of June 5, 2009 Agenda Item ~~~ Io-l~ -0 <1 Date http://sibagenda. si bfl.net/agenda/Preview .aspx?I temID=4 2&MeetingID=C