HomeMy WebLinkAbout2016-0721 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, July 21, 2016, 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 Scholl at 6:30 p.m. with the following officials
present:
Mayor George "Bud" Scholl City Manager Christopher J. Russo
Vice Mayor Jeanette Gatto City Attorney Hans Ottinot
Commissioner Isaac Aelion City Clerk Jane A. Hines, MMC
Commissioner Dana Goldman Deputy City Manager Stan Morris
Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui
Sara Giraldo, Secretary, Student Gov't Assoc.
2. PLEDGE OF ALLEGIANCE /INVOCATION
Action: Adam Kosnitzky led the Pledge of Allegiance to the flag,and Police Captain Dwight
Snyder, Officer Sasee Morales, and Corporal Javier Estevez gave the invocation.
Mayor Scholl thanked the Police Officers for an inspiring invocation. He said the
Commission, City Hall, this community, he thinks we have one of the best relationships of
law enforcement that he knows of. We all suffer when we see events like we have seen over
the past few weeks,even beyond the events,it is a terrible set of circumstances but fortunately
we are all clear that our relationship with our law enforcement professionals and your
relationship with the community is unparalleled and it is crystal clear that we all stand by each
other. For that we appreciate it and it is a two-way street. [City Clerk's Note: Item 5B was
heard after the invocation.]
Mayor Scholl gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—June 16, 2016.
Action: Commissioner Aelion moved and Commissioner Levin seconded a motion to
approve the above mentioned Summary Minutes. The motion was approved by a voice
vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items. Hear after Invocation: Item 5B.Recognition of Law Enforcement;
Withdrawn: Item 7B. Ordinance to Amend Sec. 201-7 Prohibit Styrofoam Products from
Beach and Parks; Revision: Item 7C. Ordinance to Amend Section 193-9, Permits for
Waiver for Construction Noise;Replacement: Item 10I.Memo of Agreement with FDOT.
Action: Mayor Scholl noted the above changes to the agenda.
Commissioner Aelion moved and Commissioner Levin 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. Introduction of Adam Kosnitzky,Ph.D.,the New Principal of the Norman S.Edelcup Sunny
Isles Beach K-8.
Action: Mayor Scholl introduced Adam Kosnitzky,Ph.D.,the new Principal of the School,
and noted that former Mayor Norman S.Edelcup is in the audience to welcome him as well.
He said he is really happy to see Adam get the job. Not only does he have a sterling resume,
his parents have lived here for as long as he can remember. When his father was alive he
used to work him over before every Commission meeting which he always got a kick out of
His mother still lives in Winston Towers. What is important is that Adam has had roots in
this community for a very long time. Adam had mentioned to him that he had spent time
here when he was young as well when he first came down to Florida. We all feel that our
community school is one of the most important assets that we have in the community. Today
he was interviewed for a little vignette for television and the last question was,what do you
think the most important accomplishment of the community has been since it was formed 19
years ago, and that was a very easy question for him to answer. Clearly the opening of our
school and our Community Center and the grounding that has brought to the community. So
he thinks it is really important that we have a great new competent Principal to carry on Dr.
Weissman's legacy.
Adam Kosnitzky thanked everyone and said he is looking forward to working here in this
community helping our students. He said he started in the 1970;s living at the Dunes, in the
1980's he was in the 600 building at Winston Towers, in the 1990's he met his wife at the
700 building at Winston Towers,and so he has had a long history in Sunny Isles Beach. The
school has been an"A"school for all these years and we are looking to continue that on with
our legacy and hopefully with his leadership and helping with the community will add some
other new things in the coming weeks and months.
Commissioner Levin said back in 1990 she started at the University of Miami Law School,
and they were calling roll and she heard Adam Kosnitzky. She knew the name Kosnitsky
because his brother lived in the condominium where she lived with her husband. She went
over to Adam and she asked him if he was related to Michael Kosnitzky and he said yes.
And so the first year of Law School she and Adam were study buddies and we got to know
each other extremely well. She always liked Adam,he has a great sense of humor,he is very
intelligent, she has a lot of faith in him, and she knows he is going to do a great job.
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
5B. Recognition of the Excellence of Law Enforcement in the City of Sunny Isles Beach.
Action: [City Clerk's Note: Heard after the Invocation.] Commissioner Aelion read into
the record a message from Police Chief Fred Maas,who is on a very well deserved vacation,
to the troops. "Not a day goes by since I have been away that I have not thought about you,
worried about you, or prayed for your safety. The event of Dallas and others brings an
uneasiness for me being apart from you. I know you are vigilant and cautious. I know you
are safety conscious but it does not satisfy the worry for each of you and your loved ones.
The Dallas Officers were well trained and cautious as well. It can happen anywhere. I do
believe that there is so much negative sentiment just because of the job we do, and so it is
easier to criticize us. Police work is a calling, a vocation, when done right, keep doing it
right. I urge you,there are just as many who support and appreciate you. The pendulum can
only swing so far and then we turn to all the reasons you chose this profession. This has
never been just a job, it has always been an opportunity and a career to make a difference.
One life, one situation at a time. This is why our community appreciates, respects, and
supports you. When there is no one else to call for help, the Police will always be there to
respond. No matter how much the caller may have hated us, disrespected or acted with
malice toward you in the past. The day will come when they or a family member will need
the Police. Be strong, be proud and be yourself. In return, I will keep you in my thoughts
and prayers every day I am away. God Bless. Your Chief."
Commissioner Aelion prepared the following and read into the record:"In this country we as
people decided long ago that we want to live within a free democracy based on the rule of
law. Throughout our history as far back as 1751 the first Police Department was formed in
Philadelphia, and incorporated communities all around the country formed a Police
Department as part of a municipality governing body. We the people chose law enforcement
to ensure our safety so that we can go about our daily lives feeling protected within our
communities. What has happened in Dallas and in Baton Rouge lately where Police Officers
were ambushed and murdered underlined the very foundation upon which that principle of
law enforcement was built. We as a City and community must believe as all other
communities across the country that is the heart of each law enforcement officer serving their
community to serve and protect, there would be no hesitation to jump into the line of fire to
protect the public. In light of the tension created by the events in Dallas and Baton Rouge
and the terror of threats facing our communities today, I felt compelled to do a reminder of
the excellent and compassionate behavior which has been exhibited by the officers of the
Sunny Isles Beach Police Department since our City's inception 19 years ago. To that end he
would like our Mayor and Commissioners to join him in recognizing this excellent law
enforcement. Further,to ask the Mayor for a Proclamation that will recognize this day,July
21, 2016 as Law Enforcement Day in the City of Sunny Isles Beach.
Mayor Scholl thanked Commissioner Aelion and said that the Proclamation is the easy part.
He thinks the Chiefs words and Commissioner Aelion's words certainly echoes all of our
sentiments and we appreciate the turnout tonight of the Police Officers as well. City
Manager Russo said he wanted to point out one thing,yesterday was the 18th Anniversary of
our Police Department,coincidently with this,and by the grace of God we have never had a
major incident and everyone has been safe for 18 years in our Department, and that is
amazing.
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
•
[City Clerk's Note: Mayor Scholl went back to the beginning of the meeting and gave
opening remarks.]
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 62-13 of the Procurement Code of the City of Sunny Isles Beach, to Exempt
Recreational and Artistic Programs from the Competitive Bidding Requirements;
Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of
Conflicting Provisions; and Providing for an Effective Date.
Action:City Clerk Hines read the title,and City Attorney Ottinot reported the purpose of this
Ordinance is to expand existing exemptions that we have for artistic and recreational
programs. The Cultural and Community Services Department to select certain programs for
Summer Camp, After School Programs, and certain Cultural Programs.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading,public hearing will be held on Thursday,September 15,2016,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 201-7 of the Code of Ordinances of the City of Sunny Isles Beach to Prohibit
Expanded Polystyrene, Commonly Known as Styrofoam, from Any Beach or Public
Park Area Within Sunny Isles Beach; Providing for Severability;Providing for Inclusion in
the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective
Date.
Action: Withdrawn at the request of Commissioner Levin.
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 193-9 of the Code of Ordinances of the City of Sunny Isles Beach Entitled"Permits
for Waiver for Construction Noise" to Require an Applicant to Provide a Copy of the
Permit Application and Permit Approval or Denial to the Adjacent Property Owners;
Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer;
Providing for an Effective Date.
Action:[City Clerk's Note:A revised Ordinance was distributed prior to the meeting.] City
Clerk Hines read the title, and City Attorney Ottinot reported this is a cost saving measure.
We receive numerous Public Records Requests from neighbors requesting information on
work being done in the City. This Ordinance will require Applicants to provide information
to the impacted neighbors after a decision is made by the City Manager or designee.
Public Speakers: None
Mayor Scholl said the extended construction hour permitting has been a real hot topic lately,
and so it just seems that there is a heightened degree of frustration amongst adjacent property
owners of some of these properties. Mainly because over the years the buildings got so there
were vacant lots often times with a decent degree of separation between the building that is
getting built and the adjacent property owners, and now they are getting built right next to
these buildings. Now we are truly on the last group of in-fill buildings. Needless to say,it is
problematic for the property owners,and we get hit with it quite regularly. He would say that
the bulk of the complaints he gets from the public are based on construction noise or extended
hours. Deputy City Manager Morris has been doing a good job of triage, we all triage
somewhat but Stan gets the full metal-jacket usually. He thinks this Ordinance is a great idea
because at least the public will see what we are doing and what we are not doing. He knows
this has also been a hot topic with the developers.
Commissioner Aelion said he had some issues that had to do with this Ordinance because he
reads on page 2 of the Ordinance that the Applicant shall provide a copy of the application,
permit approval or denial of the request abutting the property. City Attorney Ottinot said we
made the revision that approval or denial will proceed, that information will come after the
decision is made by the City Manager or designee. Commissioner Goldman said she thinks it
is a good initiative,good for notice informed,transparency,and it is good to see the proactive.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
proposed Ordinance on first reading, as amended. The motion was approved by a roll
call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
September 15, 2016, at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 14 of the Code of Ordinances of the City of Sunny Isles Beach to Adjust the
Compensation for Code Enforcement Special Magistrates; Providing for Severability;
Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and
Providing for an Effective Date.
Action:City Clerk Hines read the title,and City Attorney Ottinot said this is to make sure the
Special Magistrate is being paid similar compensation as the neighboring cities.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto 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,September 15,2016,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
None
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing the City of Sunny Isles Beach Proposed Ad Valorem Tax Millage Levy
Rate at 2.400 Mills per$1,000.00 of Taxable Assessed Value Which is 5.06%More than the
"Rolled Back"Rate of 2.2844 Mills, for Fiscal Year 2016/2017; Setting the Date,Time and
Place for the First and Second Public Budget Hearings as Required by Law; Directing the
City Clerk and City Manager to File this Resolution with the Property Appraiser of Miami-
Dade County Pursuant to the Requirements of Florida Statutes and the Rules and Regulations
of the Department of Revenue of the State of Florida; Providing for an Effective Date.
Action: City Clerk Hines read the title,and City Manager Russo reported this is a reduction
in millage rate from 2.500 to 2.400 and this is the fifth year the City has lowered the millage
rate. Mayor Scholl said we are at the bottom of the percentile of the County,we are No. 6 or
No. 7. We have not gotten the reports from the County yet. City Manager Russo said our
assessed value tops $10 Billion. The public hearings are scheduled on Tuesday, September
6, at 5:30 p.m., and on Thursday, September 15, 2016 at 6:00 p.m.
Public Speakers: None
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2565 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Pursuant to
Section 5.1 of the Municipal Charter, Calling for a General Election to be Held on
Tuesday,November 8,2016,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 Positions of
City Commissioner,Seat 01 (Northern Residential Area),and City Commissioner,Seat
03 (Southern Residential Area); Providing for a Run-Off Election, if Necessary,to be
Held on Tuesday, December 6, 2016; Designating One Registered Voter Who Shall
Serve with the City Manager and the City Clerk as the Canvassing Board for Said
Run-Off Election; Providing for Conducting the Elections,Polling Places,Form of Ballot,
Voter Registration, Notice of Elections; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Russo noted Gloria Taft will be
designated as a member of the Canvassing Board for the Run-Off Election,as she was for the
Special Election in 2015. The Miami-Dade County Supervisor of Elections and her staff will
serve as the Canvassing Board for the General Election on November 8, 2016.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2566 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,Authorizing
the City Manager to Sign or Renew All Required Contracts,Agreements,and Purchase
Orders that Affect the Health, Safety, or Welfare of the City, During the Summer
Recess Period from the Last City Commission Meeting in July 2016 through the First
Regular Commission Meeting in September 2016,Subject to After-the-Fact Ratification at
the September 15, 2016 City Commission Meeting; Requiring Legal Review by the City
Attorney for Said Contracts and Agreements; Providing for an Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: None
Commissioner Aelion asked what happens if we have a catastrophic event? What happens if
we decide to give this allowance, would we have an emergency meeting? City Manager
Russo said it depends on what it is. We had this two years ago when we had the collapse of
the seawall,that ended up as a$1.7 Million project and he kept the Commission informed of
the steps we were taking,the estimated cost exposure,and we moved forward. Mayor Scholl
said if something would be out of the ordinary he is sure we are all going to get a text or a
phone call.
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2567 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City 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) for the Purchase of Two (2) Police K-9 Vehicles and All
Associated Equipment, Hardware/Software for Police Network, Storage and Trouble
Shooting Software, and the Purchase of Critical Incident Response and Ballistic Protection
Gear, in an Amount Not to Exceed $210,057.98; Providing for an Effective Date
Action: [City Clerk's Note: Items 1OE and IOF were heard with Item IOD.] City Clerk
Hines read the title, and City Attorney Ottinot said related Items 10D, 10E, and 10F can be
heard together. Police Captain Mike Grandinetti reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2568 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
an Agreement with HG2 Emergency Lighting, LLC. to Provide and Install Special
Lighting and Equipment for Emergency Vehicles, in a Total Amount Not to Exceed
$110,000.00; 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's Note: Items 1OD and 1OF were heard with Item IOE.] City Clerk
Hines read the title, and Police Captain Mike Grandinetti reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2569 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 Purchase of Two (2) Chevy Tahoe's and All Associated Equipment,Markings and
Lighting, in an Amount Not to Exceed $103,146.00, 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's Note: Items IOD and IOE were heard with Item IOF.] City Clerk
Hines read the title, and Police Captain Mike Grandinetti reported noting that this is for the
two additional K-9 Units.
Public Speakers: None
Commissioner Levin asked how much do the dogs cost? Captain Grandinetti said the dog
we have that is currently working is a German Shepard, and we paid $11,500.00. The one
we have in training right now was free because it was one of our Officer's dogs who was our
former K-9 guy. He is also a trainer and has been training it ever since, and so he is now in
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
the official Police Training School. He is a three-year old"Belgian Malinois"named Judge.
The third one, the Chief is a member of an organization that donates Police dogs for that
purpose,and we anticipate getting our third dog from them. We don't know what he is going
to be yet, and he is the one who will be trained as a bomb sniffing dog.
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2570 was adopted by a voice vote of 5-0 in favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Change Order Numbers 8 and 9 to the Agreement with Florida Engineering
Development Corporation,for Professional Construction Services for the Construction
of the 174th Street Roadway Improvement Project, by Extending the Agreement
Expiration Date,Attached.Hereto as Composite 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 Capital Projects Manager Elka Linton-Dorsett
reported these Change Orders are essentially a request for a time extension that brings the
actual contract in line to where we are in the field. Change Order No. 8 is for time that
covers delays due to weather, utility coordination, and other unforeseen conditions in the
field and are requesting 98 days. Change Order No. 9 is an addition to the Scope of Work on
the west side of North Bay Road where we have had to do more extensive asphalt work than
previously anticipated. The monetary amount of that is being absorbed in the Project
Contingency and so it is not affecting the total contract value. However,the added Scope is
increasing the timeline. Overall we are asking for 118 days in addition to the existing
contract which put the estimated completion date to December 2016.
Public Speakers: None
Commissioner Aelion asked if the Contingency amount is 10% - 15%, and Elka said yes
roughly,right now we do have a balance on Contingency that was already built into the total
contract. They are only looking for a time extension at this time. Vice Mayor Gatto had just
told some residents that it would be completed in October, and City Manager Russo said
most of these delays are caused by the Water Company, the Gas Company,we changed the
sidewalks on the latter part of it, and this additional request.
Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the
resolution. Resolution No. 2016-2571 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 Purchase of Park Site Furniture from Landscape Forms,Inc.for the Gateway Park,
Samson Oceanfront Park, and Town Center Park, in an Amount Not to Exceed
$153,167.56, 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 Cultural and Community Services Director Susan
Simpson reported that Gateway Park is near completion and we are going to need some
benches, trash receptacles, and ash urns. Samson Oceanfront Park is going to need some
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
tables, and Town Center Park was scheduled and budgeted for it to get replacements. By
ordering everything together we are saving on shipping costs as well as getting GSA pricing.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2572 was adopted by a voice vote of 5-0 in favor.
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Enter into a Master Maintenance Memorandum of Agreement with
Florida Department of Transportation (FDOT) for the Installation of Sidewalk
Decorative Pavers and Landscaping; Authorizing the City Manager to Execute Said
Agreement Providing Such Agreement is Reviewed by the City Attorney; Authorizing the
City Manager and the City Attorney to Do All Things Necessary to Effectuate the Terms of
this Agreement; Providing for an Effective Date.
Action: [City Clerk's Note: A replacement copy of the Memorandum of Agreement was
distributed prior to the meeting.] City Clerk Hines read the title, and Planning and Zoning
Administrator Claudia Hasbun reported we have been working with FDOT when we have to
replace the concrete sidewalks and each time the agency requires an agreement with us for
maintenance. This Agreement will be a Master,every time the developer or the City decides
to change that sidewalk, we don't have to go in front of the Commission again to request
these agreements,and basically you are authorizing the City Manager to sign the agreements.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the
resolution. Resolution No. 2016-2573 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
an Interlocal Agreement with Miami-Dade County for the Operation, Maintenance,
and Construction of a Skate Park Facility at Haulover Park, in Substantially the Same
Form Attached Hereto as Exhibit"A"; Authorizing the Mayor to Execute Said Agreement
Providing Such Agreement is Reviewed by the City Attorney;Authorizing the City Manager
and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing
for an Effective Date.
Action:City Clerk Hines read the title,and Cultural and Community Services Director Susan
Simpson reported this is an Interlocal Agreement with Miami-Dade County to relocate the
Skate Park, that was previously at Town Center Park, to Haulover Park so that it would be
open to all residents of this region of the County.
Public Speakers: None
Commissioner Aelion asked if this is written in stone, and City Manager Russo said no it is
not. Mayor Scholl said we are also looking at it within the content of the Cultural Master
Plan too to see what kind of ideas come out of that. We had an idea for the Art Park, and
there are a couple of ideas floating around. Commissioner Goldman said she had expressed
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
some concerns over this Interlocal Agreement, while her sentiment is given the outcry and
the nuisance to the residents at Winston Towers obviously it is in everybody's best interest to
move the Skate Park, especially since most of the people who use the Skate Park are not
residents of our City, and so what is the real benefit of having it here? But that being the
case she thinks this Interlocal Agreement, from a risk management standpoint, she is not
thrilled about this whole idea that the City is involved once we give away the equipment.
She would love to be able to say here is the equipment and thank you very much, and we
even have to pay to give them the equipment. She feels that maybe this is an imperfect
agreement and solution but again the objective to move the Skate Park is the starting place.
Ms. Simpson said in very simple terms, when we first met with the County it was they give
us the property, we give them the equipment, and they manage it. She thinks that the City
Attorney did a really good job of developing a pretty tight Interlocal Agreement that we hope
they will approve. We had planned to move forward and we want them to continue to have
that amenity rather than just give them something that may go somewhere else.
City Manager Russo said the other point is that we will still have flexibility,and he and City
Attorney Ottinot are negotiating with the County. The County still has to approve this. One
of the pluses of the Agreement is that they will have the Skate Park there. We don't know
where we will end up with the County,the Skate Park will be there one way or another. He
thinks we are better off with the Agreement to have it there, and they have assured us that it
will be there.
Mayor Scholl said to your point, we have to ask FDOT permission to maintain the
landscaping that we pay for on their property. And so, any time we do something with
another agency, as Commissioner Goldman said, it is imperfect. Ms. Simpson said it is a
Pilot Program,they have it in that location as a template, it is not a permanent place,and they
will bring it into their full Master Plan. Commissioner Aelion asked if it is going to be
stipulated in the Agreement that this is a Pilot Program? City Manager Russo said no, the
location will be temporary. Ms. Simpson said Haulover Park is the place for it.
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2574 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, Ranking
the Submittals to Perform Shoreline Surveying and Mapping Consulting Services to the
City in Response to RFQ No. 16-06-01 and Authorizing the City Manager to Begin
Negotiations with the Top Ranked Firm in Accordance with State Law;Authorizing the City
Manager to Negotiate and Enter into an Agreement with the Top Ranked Firm, Provided
Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney;
Authorizing the City Manager and the City Attorney to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action:City Clerk Hines read the title,and City Manager Russo said that Kathryn is going to
present this item because she has become our guru when it comes to anything regarding the
process for funding of either beach mitigation or beach renourishment.
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
Assistant to the City Manager for Special Projects Kathryn Matos reported the purpose of
this Resolution is to give the City Manager authority to begin negotiations for an annual
Shoreline Surveying Contract with the top qualifying firm [Sea Diversified, Inc.] that
responded to the RFQ. The reason this is important is the City has to start monitoring the
amount of sand on the beach so that in an event of a major storm that wipes out our beach,
we will have solid data to submit to FEMA for reimbursement. We will also be able to use
the data to monitor the health of the beach and for grant applications for beach renourishment
and future erosion mitigation project.
Public Speakers: None
Mayor Scholl said what you are saying is that we have got to keep track of it if we want to
hold them responsible for the operations in the future. On top of that,we have all heard from
Commissioner Heyman that we have got $11 Million in the County budget, and if he is
correct, the State matches the County and the Federal government matches both of them.
And so this year we have got hopefully roughly $40 Million coming in to address beach
erosion and we are next on the list. Last year's roughly $40 Million went to Miami Beach
but in the Army Corps of Engineering priority, our hot spots are next as far as the priority is
concerned. We just need to be vigilant in keeping an eye on the County that they don't nix
that from the budget at the last minute because that is kind of our earmarked funding at the
County. Commissioner Aelion said right,especially that area under the Pier,that is a chronic
situation and it needs to be monitored. City Manager Russo said we already started having
meetings with the Army Corps about that specific area,we know it is going to take time and
we have already started.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2575 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. A Discussion regarding a Request for Extra Security Assets at Pier Park.
Action: Commissioner Aelion said he had a request from LaPerla regarding parking at Pier
Park, and we have Roberto Rodriguez the President of LaPerla here tonight. We have all
seen the incident reports from the Chief. One of the incidents of late was an almost physical
injury that would have occurred in the infamous parking lot for the Pier. The issue is one of
oversite, and so the City has made an effort to add staff to be able to supervise the regular
traffic back and forth. What he did as a result of what happened because it only got worse,
and we would see videos every now and then from the Property Manager as to the
bottlenecking and other incidents that occur there almost on a regular basis,and he would say
dangerous. Before he even placed this item on the agenda, he went there about four or five
times at different times to find out exactly what is going on there. He sat with the City
Manager and the City Attorney and he came up with a couple of suggestions. The Police
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
cruiser sits all the way in the back towards the storage area for the beach. The City staff
supervisor also sits inside somewhere, but the important point is the entrance. Everybody
that drives north there is no movement when a car comes on the T-Road for the 826 and
Collins,they have no choice, either they turn or they come into the parking lot. The critical
point of allowing or not allowing regular traffic inside is the entrance. At almost no point did
he see the attendant at the entrance, and so his suggestion was the following: first that the
residents of LaPerla put on a special decal,he would say almost 80%to 90%will be resident
decal, and so when the attendant observes there is a decal from LaPerla, he automatically
allows them in because they are not looking for parking outside. What also happens is that
even if there is that sign that says"Lot Full"people just say I will take my chances and they
will come in. One, two or three will come in and the bottlenecking will start, somebody
comes and leaves, and then he is bottlenecked inside and then the war starts because there
was I saw it first, no I saw it first, etc. That is exactly what is happening most of the times.
Our attendant for whatever time he is going to be there,has to be placed in a booth or not but
they have to stand at all times at the entrance to accept or redirect traffic so that when the lot
is full it is understood that it is full and there is a stop with a hand that says move on. The
City Manager thought it was a very good idea and he felt that it would be conducive to
improving the situation there. Originally he thought we would have to add more assets,like
more staff but we don't have to spend extra money if we don't first go through this process
and using what assets we have there now.
Mayor Scholl asked if we can legally tell somebody they can't pull into the driveway,it is not
a public right-of-way. We want to be careful that we don't get people that say they want to
drop somebody off at the beach. City Attorney Ottinot said this is a deed restricted property
with the County and we have to keep it as some kind of public use based on this deed. If the
lot is full it would be up to the attendant to tell people that the lot is full. Mayor Scholl said
good, first of all Commissioner Aelion's idea of the decals is a great idea,they can put them
on the windshield of the car on the driver's side. This is an on-going problem over the years,
and it is a problem that has got to be managed. Spending more money to attend for 28 spaces
seemed a little over the top when he first saw his suggestion but he thinks if we direct how to
manage it. He thinks the decal for LaPerla residents is a very good idea because that way it
will take a lot of the consternation over the parking attendant to have to stop every car to ask
them what their intentions are. Commissioner Aelion said we cannot impose such a request
if LaPerla is a private condominium and is not bound by it.
Vice Mayor Gatto asked what they would do if they have guests coming in? Mayor Scholl
said the point of the decal is that when a car pulls up and the car has a decal the attendant
waves him by, if a car pulls up with no decal he will talk to the driver and he will say lot full
or they will say they are a guest. City Manager Russo said that staff will vet the idea and
come back with a proposal, it has to be vetted internally. Commissioner Aelion said when
there is a Policeman directing traffic,there is no bottlenecking,people listen. A person with
authority there who knows when the lot is full will say go or come,and he believes that most
of the time it will be official. Mayor Scholl said he thinks it is a good idea, and giving the
staff the flexibility and guidance to redirect the resources that are there.
Commissioner Levin said she was over there during the week not too long ago,and the very
first spot when you pull in there was a long bed truck parked there. They shouldn't be
allowed to park in the first spot, and when she left there was a Code Enforcement vehicle
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Summary Minutes:Regular City Commission Meeting July 21,2016 City of Sunny Isles Beach,Florida
blocking the exit, and then he was trying to reverse but in the meantime there were three or
four cars parked there, in the meantime somebody stopped on Collins in front of the exit to
let somebody in or out,and so they were blocking the traffic. All this was in the matter of an
hour during the week.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Aelion moved to adjourn the meeting,and Mayor Scholl adjourned it at 7:24
p.m.
Respectfully submitted by: Approved b the Cit Commission on Sept. 15, 2016
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Jane_A. Hines, M_MC, City Clerk George H. Scholl, Mayor
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