HomeMy WebLinkAbout2016-0915 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, September 15, 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: Jeniffer Viscarra led the Pledge of Allegiance to the flag,and Captain Dwight Snyder
gave the invocation.
Mayor Scholl gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—July 21, 2016.
Action:Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of
5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items. Hear Item 10AA after 6B: TDRs; Revised: Item 7B. Backup;
Additional Information: Item 7C. Income Limits; Deferrals: Item 6A and 10Z. Zoning
Hrg for Estates at Acqualina&TDRs; Add-Ons:Item LOAD.Extend Time Period to Obtain
Building Permit by Miami Beach Marian Towers;Item 10AE. Express Support for Institute
for Sefardi and Anousim Studies;Item LOAF.Accept Donation of Police K-9 Dog;and Item
10AG. Extend Time Period to Obtain Building Permit by St. Tropez.
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.
Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
5A. A Proclamation will be Presented to The Leukemia&Lymphoma Society(LLS)Designating
the Month of September 2016 as "Blood Cancer Awareness Month" in the City of Sunny
Isles Beach.
Action: Mayor Scholl read the Proclamation into the record,and presented it to Neha Arora
of the Leukemia& Lymphoma Society.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. .
6A. Request of Estates at Acqualina Site Plan Modification — GSF Acquisition, LLC
("Applicant")for the Property Located at 17901 Collins Avenue,Site Plan Modification
for the Following: (Hearing#PZ2016-05)
Summary:
The Applicant is requesting approval of a site plan modification to an approved site plan for
property located at 17901 Collins Avenue. The request includes an increase of density from
264 residential units to 265 residential units and an increase in square footage from 1,085,205
square feet to 1,197,298 square feet of Floor Area Ratio (FAR). Further, the Applicant is
requesting approval of the purchase of additional Transfer of Development Rights(TDRs)in
the amount of 107,998 square feet of FAR.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a site plan modification to an approved site plan for an increase of
density from 264 residential units to 265 residential units and an increase of square footage
from 1,085,205 square feet to 1,197,298 square feet of FAR.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting the approval of the purchase of 107,998 square feet of floor areas
from the City's TDR Bank.
(Hear in Conjunction with Item l0Z)
Protests 0 Waivers 0 Ex Parte 0
Action: Deferred to October 20, 2016 City Commission meeting at the request of the
Applicant.
Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
6B. Request of The Mansions at Acqualina Site Plan Modifications—Ruslan Krivoruchko
("Applicant")for the Property Located at 17749 Collins Avenue,Site Plan Modification
for the Following: (Hearing #PZ2016-08)
Summary:
The Applicant is requesting a modification of the approved site plan to increase square
footage from 431,305 square feet to 431,666 square feet(361 square-foot increment)in order
to enclose a section of a penthouse unit's balcony. Further, the Applicant is requesting
approval of the purchase of additional Transfer of Development Rights(TDRs)in the amount
of 361 square feet of Floor Area Ratio (FAR).
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting a site plan modification to an approved site plan
for an increase in square footage from 431,305 square feet to 431,666 square feet of
Floor Area Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting the approval of the purchase of 361 square feet
of TDRs from the City's TDR Bank.
(Hear in Conjunction with Item 10AA)
Protests 0 Waivers 0 Ex Parte 0
Action: [City Clerks Note:Item 6B was heard with related Item 10Z.] Mayor Scholl gave
opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the
Zoning hearing, and administered the oath to witnesses. City Planner Claudia Hasbun
reported that this Application for a site plan modification for the property located at 17749
Collins Avenue, is a modification of existing Penthouses at level 44. The Applicant,Ruslan
Krivoruchko, is requesting to enclose an existing terrace for 361 square feet of FAR. The
square footage will come from the City's TDR Bank as exceeding what the Applicant has
already in the project itself. It is required for him to pay$45,125.00 for TDRs if approved.
Public Speakers: Clifford Schulman, Esq.
Cliff A. Schulman, Esq. said the Condominium documents for the Mansions called out what
we call Penthouse Enclosure Option Units which allows,subject to plans which were attached
to the condominium documents,the ability to enclose and create an additional bedroom,and
that bedroom was 361 square feet. Some of those units were built as part of the original
construction of the Mansions and some of them, in this particular case,are coming afterwards.
But unfortunately even though it is only 361 square feet, any increase in density or intensity
under the City's Land Development Regulations has to come back before the Commission for
site plan approval. Art Robinson from Stuart Cohen Associates,the Architect is here to show
you if you wish where this bedroom is going to be. But in this particular instance,we believe
that there are no variances involved, we are substantially hundreds of thousands of feet less
than allowable FAR. There may be further applicants that decide to combine units,and in this
case it is on the 44th floor in a combined penthouse unit that will add the additional bedroom.
It is consistent with the Comp Plan, no variances required, from the aesthetic point of view
really no impact upon the development as a whole.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
Commissioner Aelion asked the City Attorney about the general intent of the TDRs in our
City and also its limitations in the sense that at what point does the developer come and ask
for FARs. He doesn't know if the Mansions have been legally transferred to a Condominium
Association Board at this point. Mr. Schulman said yes, the Condominium documents
provided to the City Attorney indicate the consent to these expansions but separately and
distinct from that, the Association wrote a separate letter to the City Attorney approving this
particular expansion. Commissioner Aelion said he understands but as far as our position on
the use of TDRs, is that open to development and individual posts like we are facing now or is
the use of TDRs,and he is talking about intent not the legality of it because the general use of
TDRs is important. City Attorney Ottinot said from a policy and also from a legal
perspective, these do not preclude the individual owner of a unit or property from buying
TDRs from the City, the tenants are always allowed wherever to buy TDRs.
Mayor Scholl said what could have happened is the developer could have come in and bought
all the TDRs when they did the deal to enclose all the balconies and have available as an
option with the TDRs. In this case the developer built the building only with the presold units
with enclosed balconies that they needed to buy the TDRs for, and so a new buyer comes
along and says I want to enclose my unit, and the density is not there. And so to him this is
relatively administrative because it could have been cleaned up in the beginning but the
developer would have spent an extra couple of hundred dollars buying the TDRs. The
important thing here is it is consistent with what we approved in the building in the first place
and consistent with the Condo docs. City Attorney Ottinot said it does not exceed the FAR.
Mr. Shulman said the limitation that you have in your Code as the City Attorney will explain,
is that you cannot use TDRs in excess of 30% of the total amount of square footage of the
base plus your bonuses, we are well below that.
Commissioner Levin said when she first heard about this that they were enclosing the balcony,
the first thing she thought of was that it was going to come all the way out to the balcony
railing and it was going to go up,and the aesthetics of the building would change,and that is
not what is happening. Mr. Schulman said he has a rendering of what it will look like. This is
the 44th floor and what you will basically see is this particular enclosure has already been done
on the 46th floor as part of the original built Building Permit. Now his clients wants to do the
identical here so the difference is before and after, that is the visual impact if any.
Commissioner Aelion moved and Commissioner Levin seconded a motion for approval,
subject to staff conditions. Resolution No. 16-Z-159 was adopted by a roll call vote of 5-
0 in favor.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl ves
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 238 of the Code of Ordinances of the City of Sunny Isles Beach to Add a New
Section 238-16 Regulating Work Within the City of Sunny Isles Beach Rights-of-Way;
Providing for Standards for Construction and Repairs of Streets Within the Boundaries
of the City; Providing for Suspension of Permit; Providing for Exceptions; Providing for
Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and City Manager Russo said the purpose of this
Ordinance is to improve any necessary repairs to the pavement, the surface of roadways in
the City which we may have repaved within five (5) years. Fundamentally, what happens
with streets is, you have the utility companies that from time to time have emergencies
whether it is the water company, the County Sewer Department, the gas company, or even
FPL with wires that they have underground,and they have to do emergency excavations in a
road. This can happen to a road that is 10 years old, 20 years old, but when it happens to a
road that we have just recently resurfaced that might be less than five (5) years old, this is
going to put a somewhat more onerous repair procedure in place for the utility company. As
an example, typically if a utility has to do an emergency repair you will see a trench in the
middle of the asphalt pavement cut out for the length of their work and then you will see a
repair, and it always looks different than the rest of the road. What this will do is, for those
streets that are less than five (5)years old, they will have to go curb to curb with that repair,
and for a certain length of whatever the work that they were doing. The idea is to keep the
road looking newer, fresher and smoother for a longer period of time. The motivation for
this is we are in the process of totally rehabilitating the single largest road that the City owns
in this City and that is 174th Street. With the anticipated completion of that project,we want
to make sure that utility companies are not going to come in the next day and start cutting
open that road and leaving patches in it after we just finished the multi-million dollar project.
Public Speakers: None
Commissioner Aelion said the issue is sidewalks that basically become part of an entrance to a
single family home where part of the entrance is for vehicular purpose, and there are areas
where the property line ends inside a moat or garage area wherein it becomes a common area.
How would we treat that issue if it ever arose about standardizing that particular area: a) it
could become a common area between private and public; and b) if it is asphalted enough?
City Manager Russo said the only areas that would come into play on a repair of a public
street, because he is talking within the curb to curb on this paving, would be where the
entrance to that private entity, the common element as you say, would not be effected. We
would seek which we did on 174th Street, the permission of the property owners and in this
case the Associations, to be able to properly grade the asphalt and blend it in with their
entranceway. We have to re-pitch a lot of the entranceway driveways where we had to go
back a few feet and so we would take that into consideration if it were something right on the
entrance. Commissioner Aelion said in other words whether it is a public undertaking or by
the private property owner this would apply. City Manager Russo said we would require them
to repair properly even if that means, and it could very likely happen,that it requires taking it
back a few feet to have it pitched properly.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
Commissioner Goldman 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,October 20,2016,at
6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto ves
Mayor Scholl ves
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Ordinance No. 2015-461; Amending the City's Budget No.BA1516-04 for the 2015-2016
Fiscal Year - General Fund, Street Construction & Maintenance Fund, Building Fund,
Public Art Trust Fund,Capital Projects Fund, Stormwater Operations Fund,and Stormwater
Capital Fund; Authorizing the City Manager to Do All Things Necessary to Implement the
Terms and Conditions of this Ordinance; Providing for an Effective Date.
Action: [City Clerk's Note: A revised copy of the Budget Amendment Narrative was
distributed prior to the meeting.]City Clerk Hines read the title,and Finance Director Audra
Curts-Whann reported this is the final budget amendment for the year,mostly housekeeping
items. We are recording some final audited fund balances, we are doing some transfers
between departments,and some transfers between projects that need to be done just to match
timing, and get things ready for year-end, and of course make some adjustments that
finalized where we ended up with revenue.
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,October 20,2016,at
6:30 p.m.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Chapter 265 of the City Code "Zoning" to Add Section 265-39 "Workforce Housing
Density Bonus and Incentives Program" and Providing for Legislative Findings, a
Statement of Purpose, Definitions, Density Bonuses, Qualifications for Eligibility for
Purchases or Rental of Workforce Housing Units, Restrictions on Workforce Housing Units,
and Annual Reports; Providing for Severability; Providing for Repealer; Providing for
Inclusion in the Code; Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
Action:[City Clerk's Note:Additional Information `Income Limits"was distributed prior to
the meeting. Item 7C was heard with related Item 7D.] City Clerk Hines read the title,and
City Attorney Ottinot reported when the City adopted its Comprehensive Plan in 2000, the
Commission made a commitment to provide affordable workforce housing to residents by
creating zoning incentives for developers to construct workforce housing units. Workforce
housing units under the program will be available for households with income of 120% or
less of the median income in Miami-Dade County,which is currently$57,000.00 per year as
a household. He emphasized that we are not talking about low income housing, we are
talking about workforce housing. The proposal is to keep the vision of the proposal to allow
developers additional incentives than we had in the past. Developers will be able to
construct eight (8) units per acre instead of five (5) units per acre in the RMF-2 Zoning
District located on the west side of Collins Avenue. The east side is not part of this
Ordinance. The workforce housing must be available to individuals who meet the qualified
requirements. Also, the workforce housing unit will be restrictive for 30 years made
affordable to those who qualified. Moreover, the Miami-Dade County Commission has
made emphasis that all municipalities in Miami-Dade County must provide workforce
housing,and this proposed Ordinance promotes the construction of workforce housing in the
same fashion as the proposed workforce housing ordinance adopted by Miami-Dade County.
Public Speakers: None
Mayor Scholl said we have always had this Ordinance on the books but it wasn't an
Ordinance that ever got dusted off because we have never had a condition where somebody
comes in and asks for bonuses based on workforce housing, largely because most of the
development activity has been on the east side of Collins Avenue. Those buildings have their
own incentives and the cost of the units on the east side of Collins Avenue are very expensive.
We are starting to get more potential development activity on the west side of Collins Avenue,
and we talked many times on the Commission that on the west side of Collins Avenue we are
going to be tough on density because that is where most of the density comes from. On the
east side of Collins Avenue certain buildings are more occupied than others but in general a
lot of the newer buildings are not heavily occupied as a lot of them are bought for investment
properties. We believe on the west side of Collins Avenue that will not be the case.
Mayor Scholl said the County has gotten a little feisty lately about trying to impose workforce
housing onto municipalities, and we are not too fond of that because we don't like to be told
what to do by the County. This is a way of kind of middling that where we are going to have
a little more teeth in our Workforce Housing Ordinance so that potential developments that
might be coming down the road might be able to utilize this and at the same time meet some
County requirements. At one point the County was talking to us about a 20% development
tack-on or a fee that would just be there for workforce housing, and they said if you can't
provide it that they would take the money. It was a tax basically and they were going to put
the housing in another part of the County, and so we said no thank you that we would rather
try to create our own circumstances for workforce housing.
Commissioner Goldman said she is in favor of this, she actually works on projects like these
for clients in her private practice and the way to create a great policy is to create incentives in
the marketplace for developers to create and to hopefully emulate a condition that we have
which is a lack of affordable housing in our County. She likes the way that this is presented,
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
she likes the fact that we give prioritization in preference to employees, police officers and
employees of our City and she likes the whole concept of putting it out and publicizing it. She
found that one of the challenges actually even though it is great to have workforce housing,
there is always a challenge to get people for eligibility and so the idea to promote it and
advertise it and again to give the preference to the people who work in our City is a win, win.
Commissioner Goldman 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,October 20,2016,at
6:30 p.m.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl ves
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Sections 265-34, 265-36 and 265-38 of the City Code to Permit Density Bonuses for
Workforce/Affordable Housing in Accordance with Guidelines Established for Affordable
Workforce Housing; Providing for Repealer; Providing for Severability; Providing for
Inclusion in the City Code; Providing for an Effective Date.
Action:[City Clerk's Note:Item 7D was heard with related Item 7C.] City Clerk Hines read
the title, and City Attorney Ottinot.
Public Speakers: None
Commissioner Goldman 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,October 20,2016,at
6:30 p.m.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin yes
Vice Mayor Gatto ves
Mayor Scholl des
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. 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.
(First Reading 07/21/16)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
Ordinance on second reading. Ordinance No.2016-483 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin
Vice Mayor Gatto ves
Mayor Scholl ves
9B. 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.
(First Reading 07/21/16)
Action: City Clerk Hines read the title, and Deputy City Manager Morris reported this
Ordinance requires the applicant to provide copies of the reasons for requesting the extended
hours to the adjacent property owners as well as a copy of our approval or denial.
Public Speakers: None
Mayor Scholl said we are trying to tighten up our rules to be able to, and it may be a little
more onerous for developers but basically it makes them prove it up that they need it, and
also to deal with adjacent property owners. Quite frankly when we give extended hours,
there is a lot of good technical reasons why we give the extended hours but at the same time
the adjacent property owners are often the ones that are getting impaired,and so this causes a
little more exposure, and it holds folks to more of an accountable standard.
Commissioner Aelion said what is happening now is that the owners do get the notice from
the developer but it just says simply that they asked the City for extended hours, and
basically they are making a statement. This includes the rationale and the reasoning behind
the need.
Vice Mayor Gatto moved and Commissioner Aelion seconded a motion to approve the
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Summary Minutes:Reeular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
Ordinance on second reading. Ordinance No.2016-484 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto �s
Mayor Scholl yes
9C. 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.
(First Reading 07/21/16)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported this is to make
sure we are meeting the market demands for our Special Magistrate.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
Ordinance on second reading. Ordinance No. 2016-485 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman ves
Commissioner Levin yes
Vice Mayor Gatto ves
Mayor Scholl ves
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Renewal of the Commercial Package Policy (Property, Liability, Automobile),
Workers Compensation, and Miscellaneous Insurances with Brown &
Brown/Preferred Government Insurance Trust (PGIT) for the Period of October 1,
2016 through September 30,2017,in an Amount Not to Exceed$1,000,000.00,as Outlined
in 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 Human Resources and Risk Management
Director Yael Londono reported that after negotiations with our carrier we were able to
obtain a renewal which is about 4% more than what we currently have.
Public Speakers: Bob Hollander;
Commissioner Aelion asked if this is comparable to marketing fees, or less than marketing
fees? Bob Hollander of Brown and Brown, said the increase is strictly due to an increase in
the basis of the premium which is the payroll and vehicles and different number of
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
employees. We are actually in the second year of a rate guarantee and so our rates are fixed
but when there is a basis where we have more vehicles than we had last year,more payroll,in
our experience modification our Worker's Comp has increased slightly. He is very glad we
accepted that rate increase last year because as of October 1 there is a potential rate increase
on Worker's Comp of almost 20% across the State of Florida. And so this is not a rate
increase, it is a premium increase due to increased payroll, vehicles, and experience rating
under Workman's Comp. Basically the municipalities that accepted a tier rate you are doing
very well,and even though the experience modifications has gone up,it is still excellent,you
are still 22%less than the standard,getting a nice credit under the Worker's Comp policy but
the overall rates are very competitive with the standard industry practice and best practices.
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2579 was adopted by a voice vote of 5-0 in favor.
10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
Commissioner Isaac Aelion as the City's Delegate to the Miami-Dade League of Cities
and Mayor George "Bud" Scholl as the Alternate to Attend Meetings During Fiscal Year
2016/2017; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Scholl reported.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the
resolution. Resolution No. 2016-2580 was adopted by a voice vote of 5-0 in favor.
IOC. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Establishing
a Schedule for City Commission Meetings for Calendar Year 2017; Providing for an
Effective Date.
Action: City Clerk Hines read the title,and reported the meetings are scheduled on the third
Thursday of the month with the exception of September where we have a Jewish holiday,
Rosh Hashanah,which falls on September 21,and therefore we are scheduling it on Tuesday,
September 19, 2016.
Public Speakers: None
Commissioner Goldman moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2581 was adopted by a voice vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an
Agreement with The Miami Herald Publishing Company for Retail Advertising Services
in Fiscal Year 2016-2017, in an Amount Not to Exceed $50,000.00, Attached Hereto as
Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2582 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
the Second Amendment to the Agreement with Safeware,Inc.to Extend the Term of the
Agreement to End no Later than January 14, 2017, Attached Hereto as Exhibit "A";
Authorizing the Mayor to Execute Said Second Amendment to the Agreement;Authorizing
the City Manager to Do All Things Necessary to Effectuate this Resolution;Providing for an
Effective Date.
Action: City Clerk Hines read the title,and Chief Information Officer Derrick Arias reported
that we are extending the end date of the Agreement due to the delays in the completion of
Gateway Park so that we can process payments.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2583 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Donation of Surplus Computer Equipment to the Miami-Dade County Public
Schools and South Florida Digital Alliance; Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Chief Information Officer Derrick Arias reported
noting that since the agenda was prepared, he has heard back from the School and they are
not interested in any of the equipment, and so it will all be going to the South Florida Digital
Alliance.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2584 was adopted by a voice vote of 5-0 in favor.
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10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
the City Manager to Expend Budgeted Funds on Purchases of Hardware Products and/or
Hardware and Software Maintenance and Support from DELL for Fiscal Year
2015/2016, in an Amount of$36,000.00 for a Total Amount Not to Exceed $111,000.00;
Authorizing the City Manager to Do All Other Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Chief Information Officer Derrick Arias reported
this is to raise the amount in order to use already budgeted funds for the purchase of Police
Laptops primarily to replace the older Laptops.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2585 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 16-04-05 to and Entering into an Agreement with Action Labor Management
d/b/a Staffing Connection for the School Crossing Guard Services,in an Amount Not to
Exceed $229,924.00 for the Initial Two (2) Year Term, Attached Hereto as Exhibit "A",
Based on the Terms, and Conditions Listed in the Bid Response, Attached Hereto as
Attachment "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title,and Police Captain Michael Grandinetti reported we
are currently using this company. A Bid was issued and we got five (5) responses,and after
reviewing the responses,Action Labor Management was deemed the lowest and responsive
responsible bidder and would like to enter into an initial 2-year agreement with three one-
year contract renewals.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2586 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, Ratifying
the Third Amendment to the Agreement with Craig A. Smith & Associates,to Provide
Engineering Services for the Reconstruction of the 174th Street Roadway Improvement
Project, in an Amount Not to Exceed $168,502.00, 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 Capital Projects Manager Elka Linton-Dorsett
reported that Craig A. Smith is currently the Consultant on the 174t Street Project. Their
initial contract for construction phase services was based on an I1-month construction
schedule, through this amendment we are requesting an extension of six (6) months which
also has a monetary value of$168,502.00, and that will bring their time line in accordance
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with the actual construction schedule.
Public Speakers: None
Commissioner Aelion said in terms of time line, it came to being because of unexpected or
something the engineers did not foresee? City Manager Russo said it was a combination of
things. Probably the biggest and single most thing was the length of time that we had to deal
with the North Miami Beach Water Company over the replacement of not totally ended
lifetime but portal difficult to handle lateral lines connecting the buildings that we finally
decided on replacement with. We had gas lines that were not where they were reported to be
based on the marking service. Those two things was the majority of the delay but on the
other hand, we had some additional excavation to deal with material issues and we made a
calculated decision to change from five-foot sidewalks to seven-foot throughout the project
in the field. That is fundamentally the reasons. For the record, we are going to more than
likely have one more change order on this job for something we did not anticipate replacing
and that is the entire wiring system for the streetlights on 174th Street based on the problems
we have had. It would be prudent to do it now,and he thinks it may be around$200,000.00.
Mayor Scholl asked if they put the conduits in? City Manager Russo said no, none of that
was contemplated but we are going to be replacing everything but the transformer. He said
we did get one of those grants for 174th Street, for$500,000.00. Vice Mayor Gatto is very
happy to replace those lights but is it going to effect the end date of the project? Ms. Linton-
Dorsett said we are working to do it within the same time frame.
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2587 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,Ratifying the
Agreement with Southern Underground Industries, Inc., to Provide Continuing
Services on an As-Needed Basis for Small Construction Projects Throughout the City,
in a Total Amount Not to Exceed 553,559.99,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 Capital Projects Manager Elka Linton-Dorsett
reported this contract is for the repair and replacement of existing sidewalk. \Ve have been
undertaking a program of repair and replace sections of sidewalk throughout the City that are
in disrepair and poses a hazard to residents. This particular contract addresses multiple
locations around Atlantic.
Public Speakers: None
Commissioner Goldman moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2588 was adopted by a voice vote of 5-0 in favor.
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10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the
Second Amendment to the Agreement with Alex David and Associates, Inc. for
Additional Planning and Zoning Services, in an Amount Not to Exceed $10,000.00;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported this is to take the contract to the end of October.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2589 was adopted by a voice vote of 5-0 in favor.
IOL. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ranking
the Submittals to Perform Continuing Landscape Architect Services for the City in
Response to RFQ No. 16-06-02 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 reported that we received
eight (8) responses and we ranked three (3) top firms: 1) O'Leary Richards Design
Associates; 2) Craven Thompson and Associates; and 3) Calvin Giordano and Associates.
All three firms are highly qualified.
Public Speakers: None
Commissioner Aelion moved and vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2590 was adopted by a voice vote of 5-0 in favor.
10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring
Principles of Inclusion for Individuals with Autism and Other Special Needs,and Urging
Action by National, State,and Local Governments,Businesses,and Residential Communities
Consistent with these Principles; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Vice Mayor Gatto reported that there was a
program that was brought to our attention called the Wallet Card Program. It is related to
identifying individuals with Autism Spectrum Disorder or ASD,and she introduced Jeniffer
Viscarra the Chairperson of the City Advisory Committee of which Committee is a liaison
between the City and the Commission. They have quarterly meetings and she would
encourage as many people as possible to go.
Public Speakers: Jeniffer Viscarra
Jeniffer Viscarra said the concept of the Wallet Card Program intended target are people on
the Autism Spectrum who are 15 years or older and they are independent and out and about
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
in the community. These are the individuals who are more likely to come into contact with
Police Officers. Sometimes the behavior may seem suspicious to a Police Officer who
doesn't know this person is on the Autism Spectrum and the person may not have a way of
communicating this to the Police Officer and in a situation like that matters can escalate into
a bad situation. The Wallet Card Program creates a card that the person with the disability
can have on their person,and there is training for them on how to ask for permission on how
to present the card. The card informs the Police Officer that this is a person of Autism
Spectrum and their behavior should not be deemed suspicious. It tells them that this is a
person who would like to cooperate and it can be also customized to say for example when I
am nervous I flap my hands,etc. It also provides an emergency contact person so that person
can come and help deescalate the situation. The Program provides training for the person
with the disability and also the Police Department. She is a family law attorney and she
stumbled on this when she was working on one of her cases. It happens to already be in
place in Coral Gables and in other cities. And so we are in good company and well ahead of
the curve. She asked families who have family members with ASD to contact us so that we
can help you get this card, it is actually free of charge, and it will help prevent a problem.
Commissioner Aelion asked how does that set with privacy issues and what circumstances
can the card be used? Ms. Viscarra said the program is entirely voluntary and you don't have
to register but these are really questions for the Disability Independence Group (DIG) who
are the ones in charge of the Program. Vice Mayor Gatto said DIG's website is justdigit.org.
Police Chief Fred Maas said we already reap the benefits of this Program,we were ahead of
the curve and he and the City Manager co-authored an article in The Islander that went out to
all of the homes advising of this Program,encouraging people to take advantage of it. On the
other side was the training for our Police Officers. We were a couple of weeks ahead of an
unfortunate incident that occurred in an neighboring city that many people are aware of
dealing with a similar situation. Anytime we are ahead of something like that it is a
tremendous benefit. Our Officers also know where to go specifically to look for some of
these people when they become lost a lot of the times. This is a tremendous benefit for the
City and for the Police Department.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2591 was adopted by a voice vote of 5-0 in favor.
ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Blanket Purchase Orders for the Purchase of Necessary Office and Other Supplies and
Services from Various Vendors for Fiscal Year 2016/2017 Under S50,000.00, 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: Related Items ION through IOR were heard together.] City
Clerk Hines read the title, and Mayor Scholl noted these are blanket purchase orders.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2592 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
100. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager or Designee to Purchase Necessary Office and Other Supplies from
Home Depot for Fiscal Year 2016/2017, in an Amount Not to Exceed$67,500.00,Subject
to Certain Conditions; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution: Providing for an Effective Date.
Action: [City Clerk's Note: Related Items ION through IOR were heard together.] City
Clerk Hines read the title, and Mayor Scholl noted these are blanket purchase orders.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2593 was adopted by a voice vote of 5-0 in favor.
10P. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
the City Manager or Designee to Purchase Necessary Office and Other Supplies from
Staples for Fiscal Year 2016/2017, in an Amount Not to Exceed $65,000.00, Subject to
Certain Conditions; Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution: Providing for an Effective Date.
Action: [City Clerk's Note: Related Items ION through IOR were heard together.] City
Clerk Hines read the title, and Mayor Scholl noted these are blanket purchase orders.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2594 was adopted by a voice vote of 5-0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
the City Manager or Designee to Purchase Necessary Office and Other Supplies from
Costco for Fiscal Year 2016/2017, in an Amount Not to Exceed $55,000.00, Subject to
Certain Conditions; Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution: Providing for an Effective Date.
Action: [City Clerk's Note: Related Items ION through IOR were heard together.] City
Clerk Hines read the title, and Mayor Scholl noted these are blanket purchase orders.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2595 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
10R. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager or Designee to Purchase Parts and Supplies from W.W. Grainger,Inc.
for the Maintenance of the Government Center, Streets, and Parks for Fiscal Year
2016/2017, in an Amount Not to Exceed $60,000.00, Subject to Certain Conditions;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: [City Clerk's Note: Related Items ION through 1OR were heard together.] City
Clerk Hines read the title, and Mayor Scholl noted these are blanket purchase orders.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2596 was adopted by a voice vote of 5-0 in favor.
10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Sixth Amendment to the Agreement with The Goodyear Tire & Rubber Co. to
Provide Fleet Maintenance and Repair Services, in an Amount Not to Exceed
$125,000.00 for Fiscal Year 2016/2017, Attached Hereto as Exhibit "A"; Authorizing the
Mayor to Execute Said Amendment to the Agreement;Authorizing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Superintendent Rob Williamson
reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2597 was adopted by a voice vote of 5-0 in favor.
10T. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Third Amendment to the Agreement with Enviro Waste Services Group, Inc. for
Storm Water Management System Preventative Maintenance Services, in an Amount
Not to Exceed $200,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Amendment to the Agreement;Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Superintendent Rob Williamson
reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2598 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
10U. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Amendment to the Agreement with Bonnie Bennett Creative, LLC. to Provide
Graphic Design Services to the City for Fiscal Year 2016/2017, in an Amount Not to
Exceed$98,800.00, Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said
First Amendment to the Agreement; Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2016-2599 was adopted by a voice vote of 5-0 in favor.
10V. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Ninth Amendment to the Agreement with Lukes-Sawgrass Landscaping, Inc. for
Citywide Professional Landscaping Maintenance,Irrigation and Arborist Services for
Fiscal Year 2016/2017, in an Amount Not to Exceed $886,629.00, Attached Hereto as
Exhibit "A"; Authorizing the Mayor to Execute Said Ninth Amendment; 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 noting that this is the last year for renewal with Lukes. We will be
going out to bid next year.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2600 was adopted by a voice vote of 5-0 in favor.
10W. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 16-08-01 to Elite Tent Company as the Primary Vendor for Event Related
Equipment Rental, in an Amount Not to Exceed $150,000.00 for an Initial Two (2) Year
Term; Awarding Bid No. 16-08-01 to Sunbelt Rentals as the Secondary Vendor for
Specialized Equipment Rental,in an Amount Not to Exceed$40,000.00,for an Initial Two
(2) Year Term; Authorizing the City Manager to Enter into Agreements with the Vendors,
Provided Said Agreements are 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 Cultural and Community Services Director
Susan Simpson reported.
Public Speakers: None
Commissioner Goldman moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2601 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
10X. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Purchase of a 2017 Eldorado Aeroelite Shuttle Bus from El
Dorado National, in an Amount Not to Exceed $132,512.00, 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 Clerks'Note: Scrivener's error, the wrong name was provided. The vendor
is El Dorado National, the manufacturer and participating contractor in the cooperative
contract] City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported. Vice Mayor Gatto asked if this is an additional bus and not a
replacement? Ms. Simpson said it will replace our oldest bus which is a 2006. Mayor Scholl
noted it can be tracked on the Ap.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2602 was adopted by a voice vote of 5-0 in favor.
10Y. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
an In-Kind Donation to the North Miami Beach Little League in an Amount Not to
Exceed $350.00 for Use of the Chief Fred Maas Baseball Field to Provide their Challenger
Program; 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 this is a wonderful program for disabled children.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2603 was adopted by a voice vote of 5-0 in favor.
10Z. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Authorizing
the Transfer of Development Rights("TDRs")in the Amount of 107,998 Square Feet of
Floor Area (FAR) and 54 Dwelling Units to GSF Acquisition, LLC. for the Property
Located at 17901 Collins Avenue from the City's TDR Bank Account; Directing the
Zoning Administrator or Designee to Transfer the TDRs from the City's Bank Account in
Accordance with Zoning Resolution No. ; Authorizing for the Adjustment and
Modification of the City's TDR Bank; Providing the City Manager and City Attorney with
the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
(Hear in Conjunction with Item 6A)
Action: Deferred to October 20, 2016 City Commission meeting at the request of the
Applicant.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
l OAA. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Transfer of Development Rights ("TDRs") in the Amount of 361 Square Feet of
Floor Area (FAR) and Zero Dwelling Units to Ruslan Krivoruchko for the Property
Located at 17749 Collins Avenue PH 4401 and 4402 from the City's TDR Bank
Account; Directing the Zoning Administrator or Designee to Transfer the TDRs from the
City's Bank Account in Accordance with Zoning Resolution No. ; Authorizing for
the Adjustment and Modification of the City's TDR Bank; Providing the City Manager and
City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: [City Clerks Note: Item IOAA was heard with related Item 6B.J City Clerk Hines
read the title, and Planning and Zoning Administrator Claudia Hasbun reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2604 was adopted by a voice vote of 5-0 in favor.
10AB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
the City Manager to Enter into a Maintenance Memorandum of Agreement ("MOA") with
the Florida Department of Transportation ("FDOT") for the Installation of Pattern
Pavement, Decorative Pavers, and Median Fencing, Attached Hereto as Exhibit "A";
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 Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported this will cover Collins Avenue with improvements.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2605 was adopted by a voice vote of 5-0 in favor.
10AC. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
a Revised Pay Step Plan for Sworn Police Officers Based on a Salary Survey Conducted
Pursuant to the Collective Bargaining Agreement Between the City of Sunny Isles Beach and
the Police Benevolent Association(PBA),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 City Manager Russo reported this is the two-year
pay plan per PBA.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2606 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
10AD.Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Resolution No. 14-Z-145 to Extend the Time Period to Obtain a Building Permit by
Miami Beach Marian Towers, Inc. (the "Applicant") for the Renovation Project Entitled
"Marian Towers"Located at 17505 North Bay Road, in Accordance with Section 265-11(L)
of the City Code; 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's Note: Item IOAD. was distributed prior to the meeting. See Item 4A
for additional action.] City Clerk Hines read the title, and Planning and Zoning
Administrator Claudia Hasbun reported noting this is for the top floor and four additional
units.
Public Speakers: None
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2607 was adopted by a voice vote of 5-0 in favor.
10AE. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Expressing
Support for the Institute for Sefardi and Anousim Studies(ISAS)at Netanya Academic
College in Israel for its Efforts in Promoting Cultural Heritage and Bringing Together
Jews and Christians of Latin Ancestry; Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Item IOAE. was distributed prior to the meeting. See Item 4A
for additional action.] City Clerk Hines read the title, and Commissioner Isaac Aelion
reported. He said it is "in" to look into our roots and ancestry, and for the last 20 years the
Academy in Israel took to task this phenomenon that occurred. It started with the Inquisition
in the 15th Century wherein much of the population who practiced Judaism had a choice to
either convert to Catholicism or be expelled, and many of them were expelled to Latin
America. Today there are about 55 Million people within the United States from Latin
ancestry both Christian and Jewish ancestry, and the Mission Statement of the College is to
enrich the fabric of these people and be able to promote cultural and heritage within this
community. Mayor Scholl noted that we just hosted a conference across the street at the
Trump via Netanya Academic College, and the former Secretary of Housing was there,
Henry Cisneros, and it was a very interesting conference. Commissioner Aelion added that
our Mayor was honored at the conference.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the
resolution. Resolution No. 2016-2608 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
LOAF. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Accepting a
Donation of a Police K-9 (Dog) from the Miami Beach K9 Knights, Inc. with an
Estimated Value of$9,000.00 to$12,000.00;Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Item 10AF. was distributed prior to the meeting. See Item 4A
for additional action.] City Clerk Hines read the title, and Chief of Police Fred Maas
reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2609 was adopted by a voice vote of 5-0 in favor.
10AG. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 15-Z-151 to Extend the Time Period to Obtain a Building Permit by St.
Tropez Beach Developers, LLC. (the "Applicant") for the Project Entitled "St. Tropez
Office Bldg" Located at 16690 Collins Avenue, in Accordance with Section 265-11 (L) of
the City Code; 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's Note: Item 10AG. was distributed prior to the meeting. See Item 4A
for additional action.] City Clerk Hines read the title, and Planning and Zoning
Administrator Claudia Hasbun reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2610 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
11A. Add-On:
Candidates Forum hosted by The Concerned Citizens of Sunny Isles Beach Request for Use
of a City Facility.
Action: City Manager Russo said The Concerned Citizens of Sunny Isles Beach requested to
use the Commission Chambers for a Candidates Forum on Wednesday, September 28,2016
at 6:00 p.m. He said he wanted to get the Commission's approval on this.
Commissioner Aelion made a motion to approve the use of the Commission Chambers by
The Concerned Citizens of Sunny Isles Beach. The motion was approved by a voice
vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
12. DISCUSSION ITEMS
12A. Discussion and Presentation by La Perla Condominium regarding Pier Park.
Action: Commissioner Levin said La Perla Condominium is located at the end of the Pier on
Collins Avenue, and in front of the Condominium is Pier Park but the Park is actually a
parking lot. Since she has been on the Commission during the last four(4)years,initially we
would get emails and videos from La Perla from time to time showing types of incidents that
had happened in the parking lot. Right now we have budgeted $60,000.00 a year for three
(3)years to have an attendant in the parking lot, and at Commissioner Aelion's suggestion,
we have added another$33,000 for an additional attendant for weekends and extended hours
on holidays to be at the front of the property where people actually enter to keep them from
going into the parking lot if it is full. She had met with Danny Iglesias who was lobbying for
La Perla a number of months ago and Eduardo Castineida,the Architect and she is assuming
that they met with each of the other members of the Commission on an individual basis.
They came to us with a plan because it is not just a matter of inconvenience,there has been a
number of safety issues and activities that have occurred in the parking lot that are criminal
in nature, people getting hurt, batteries. After speaking with some members of the Board of
La Perla, and they are feeling their frustration, she thought the best thing for them to do was
to present them with a forum where they could come and tell the Commission as a whole
because we have never talked about the issues as a group before to come and tell us whatever
they would like to tell us or want to know, because she wants to open the door for
discussions going forward to try and resolve the issues beyond just having a parking
attendant in the parking lot.
Public Speakers: Eric Glazer, Esq; Eduardo Castineida, Architect; Zaida Medina; Luis
Aadeo; Al Mintz; Yefim Levy; Jose Miscelli; Richard Paparian; Maria Magumo; Tony
Rodriguez; Sophia Barcheko; Crucite Rodriguez; Michael Kaufman; Erica Focaro; Anna
Maria Tropiano; Yolanda Friedman; Stephen Walshe; Yona McWilliam;Ron Isriel;Richard
Brown Morilla; Roberto Rodriguez; Denisse Bercomo; Alexander Palacios; Madeline
Barcheko
Eric Glazer, Esq., the attorney representing La Perla which borders Pier Park to the north of
the property. La Perla consists of 327 residential condominium units and because it borders
to the north,that particular property suffers the most burden as a result of that property being
utilized for 29 parking spots. The people from the building and some of the neighbors as
well will urge you tonight to please consider relocating the 29 parking spaces from the Pier
Park location to the new garage that is going to be located on the south end ofA1A basically
across the street. The first question that you may have to ask yourself is whether or not you
actually have the authority to relocate these 29 parking spaces from what is essentially a
public park. Earlier in the week he delivered to the City Clerk a copy of the First
Amendment to the Interlocal Agreement between Miami-Dade County and the City of Sunny
Isles Beach dated October 18, 2010. If you look at that Agreement it specifically states that
after the completion of construction and the opening of the parking garage located on Sunny
Isles Boulevard and the west side of AIA (the new parking garage to the public) the City
shall have the authority to move the 29 parking spaces from Pier Park to the proposed new
parking garage. The question for the Commission is moving it in the best interest of the
residents of Sunny Isles Beach, and he thinks at the conclusion of the presentation that the
Commission will certainly think so. He said the Manager at La Perla prepared a very short
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video which shows the violence that occurs at Pier Park, the fighting that goes on, the
dangerous driving conditions that go on, and he is sure your Police staff will tell you that
they are severely burdened by what goes on at Pier Park,and it certainly would be in the best
interest of the community to relocate the 29 parking spaces to the new garage across the
street. He showed a short video on what the problems are at Pier Park. He noted that they
were specifically asked to provide a video that contains no sound, so what you didn't hear is
the screaming and arguments that occur at that property on a daily basis.
Eduardo Castineida, Architect, said they were contacted several months ago by La Perla to
look at this situation from an architectural design point of view and planning at some degree
and see what they could come up with in terms of creating a better situation. He is reminded
that we have been looking at not only Gateway Park but the whole relationship between
Gateway Park and the beach for many years now. It was five (5) years ago when they first
approached the Commission with the concept for the Park that at that time was the aquarium,
and one of the things that they did in that presentation was propose a sky-bridge that would
take people from, and at that moment it was the aquarium project, across over the overpass
and through where the cars are parked now at Pier Park and deliver them at the beach.
Obviously that was a very ambitious design and idea,but the idea was based on a reality that
he put there that again as you all saw, that whole scenario where the driveway and the
parking is extremely dangerous, and the situation is going to get even worse when Gateway
Park opens. You are going to have a lot more people parking at those facilities where the
restaurants and all the excitement that is going to happen there, and the park activities, and
then eventually they make it over to the beach and now they are going to again cross Collins
Avenue and go right through the driveway because that is what makes sense,and make it to
the beach and sand. And so what they saw in that situation was basically that there is no easy
way of solving it other than not to have the cars. We came up with an idea that they thought
was along the lines of that original concept which is to create a linear connection between the
sidewalk on Collins Avenue and the beach, and that is to create a linear bridge that is not
elevated, in this case it would be a couple of feet from the ground. It is a spine that would
run along where the cars are parked now because we don't have any other areas to put it,and
basically create it as an art piece. So again, the idea has a very practicality nature to it but
there is also a very symbolic and artistic aspect to it that is almost like it becomes the end
statement to the whole Gateway Park experience. It becomes kind of like a really interesting
thing because it sort of frames as you enter this spine, this bridge, at the end it frames the
beach which is what Sunny Isles Beach is all about. At that time they did a very quick sketch
and a very quick analysis and this is what they presented to the folks at La Perla. They also
met with several of the Commissioners and they presented the idea, but as you see this
drawing[rendering]shows the area now where people pretty much walk on,the area where
now you have all the cars, they will not be there. We will have several of the handicapped
parking spaces because they believe it is necessary to give the handicapped parking at that
point but it will be limited to four (4) spaces. This element that they render here is that
bridge element that spine that he is describing. The idea is very simple,you give somebody a
nice experience and nine times out of ten they are going to take it, they are going to use it,
they are going to want to go through it, and so it is more than just a boardwalk, it becomes
something architecturally very beautiful, exciting, and at night it can be lit up. It is
something that once you enter it,there is no way to get out other than to go straight and finish
at the beach, and so that will deviate people from wandering back into the driveway. At the
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end of the day you are not going to control everybody, you can't take their hand and make
them go through this experience but it is one of those things in architecture that we do all the
time and knowing human nature that once you create something that is exciting and
beautiful, again Sunny Isles Beach is a city where you have a lot of vacationers, a lot of
people that will really want that for the moment, and to capture the essence of why they are
here in Sunny Isles Beach. And so a lot of people are going to go to Gateway Park, a lot of
people are going to go to the restaurants. Again,they are going to want to walk to the beach,
and at the end of the day it becomes that sort of experience. He handed out a presentation of
images with a little description, as you go through it you will see that architecture is a lot of
things, it can be very exciting with trellises, landscaping, materials and this is again,just to
capture the idea of what they are talking about and to keep in mind that this is an element that
becomes symbolic not only a practical element that is used in a certain way but it is also one
of the elements that can be a signature piece and symbolic to Sunny Isles Beach. In the
Gateway Park project they have that pattern wall that has been kind of almost like the symbol
of the project that was based on certain ideas of a park and a tree or flowers and it is
something that they feel that once people start using it, that is going to be kind of like the
moment in the park where everybody is going to want to take a photograph, it is where you
are going to see models coming out and photographs and that nature because it has a strong
architectural element. This can be kind of like a continuation of that, an element that
recaptures that. There is also a small building there at the end which is the restroom and they
are also proposing,and one of the ideas was to kind of dress up that building and wrap it in a
sort of scan or materials or architectural treatment that will tie the symbolically back to
Gateway Park and also beautify it and become something a little bit nicer than what it is now.
The idea is that not only in the day time, the shadows and all that sort of interesting
architecture experience but at nighttime you can see it illuminated and it becomes kind of
like this glowing walkway experience for people who are using it after hours.
Several La Perla residents as well as neighboring residents expressed their concerns of public
safety issues and violence at that parking lot, and requested that the 29 parking spaces be
moved across the street from La Perla.
Police Chief Fred Maas said he has dealt with a number of the residents at La Perla because
their situations have come either individually or collectively to the Police Department. Every
single word that has been spoken here representing this group from a public safety standpoint
is absolutely true. It may be our single most difficult area to deal with,we have witnessed it,
and he is speaking also on behalf of his officers who have been put in harm's way numerous
times and just short of critical situations that they have had to handle there involving fire
arms and these confrontations, and so forth. We have witnessed it, we have been told the
same insults have been hurled at us including himself when he has gone out there with the
City Manager on weekends,holiday weekends,dating back years ago. He is going to tell the
facts only, his detectives are in the back of the room, those who were responsible for
rounding up the five and six suspects who have committed robberies, not once but twice in
the last couple of months. The critical point of this is the fact that it is a very bad mix when
you have outsiders coming in who have criminal records, who have terrible tempers, who
have demonstrated poor behavior and they come into this area because they can, they can
drive into that area, it is public property and so it is accessible. We can control it only on a
response to a situation and that is our difficulty. Even if he puts Police Officers out there as
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the public will know, we can't order them "you can't come in here because you don't live
here." There is accessible parking, that semi quasi area where people are allowed to come
into. Who is it that is coming in, that is the bigger issue. Even when we tell them that they
cannot block the driveway, and they just say they want to unload and go to the Pier. Well
they will and they will leave their car there,they will not come back and their car is basically
perpendicular to the other parking spaces. And it goes on and on, and then we have
confrontations when they go inside the building to those spaces, unfortunately, and have
confrontations with the residents. He said even back then, it is never a good thing to have
outsiders going into a private building. We have had to go in there and pull people off from
different floors on which they don't belong, totally irrelevant to the area of the parking
spaces. Why are these comments important? Because he knows they are the root cause of
the problem that is going to continue. Even if you reduced it to two(2)parking spaces from
what you have there, it is not going to change anything. As long as they have the
accessibility to come in and park,you will have 20 people fighting over those two(2)parking
spaces. That is the root cause of the problem.
Eric Glazer. Esq. clarified that yes tonight you primarily heard from the residents of La Perla
but it is not just about the residents of La Perla. Earlier in the week he presented a series of
letters that he filed with the City Clerk, one from Trump Towers Condominium, another
from the Pinnacle Condominium, another from Ocean I Condominium, and another from
Sands Point Condominium all in favor of relocating the parking spaces and as you can see,it
is a tremendous liability and safety issue to any traffic that is driving north on Collins
Avenue. He doesn't want this Commission to think it is only about La Perla because it is
not, it effects everybody that is driving in and out of this City. In conclusion, he hopes that
the testimony of everybody here this evening convinced this Commission of the real danger
of the current status of the 29 parking spaces,and the true desperate need to relocate them to
Gateway Park. He thanked everyone for their time and their attention this evening, and he
hopes we can get this matter to a public hearing by year's end.
Mayor Scholl said he would like to frame some things so you can understand, like
everything, there is no silver bullet solution,and unfortunately in this case, it was bad policy
that started it, it was the developer and he disagreed with Richard Brown Morilla because
ultimately those decisions were made before the building was built, it wasn't a bait and
switch after the building was built. Those decisions were made by a Commission that was
very developer friendly, it was bad policy to begin with, and former Commissioner Danny
Iglesias is sitting back there, it was a mess to start with, and unfortunately the developer did
not characterize that entrance properly when that building was built. In his mind, the
situation was doomed from the start. Again for clarity, he probably met with these folks a
dozen times over the years and you know, negotiated the garage spaces, the fact is, what is
difficult here is that there were trade-offs given to that developer when there was a true
vision that became a public asset, and so as much as it would like to sound like we should
have just given you those 29 spaces, the public owns those spaces, they weren't your spaces
unfortunately. What he is trying to say is the space is in the garage, we are talking about in
the garage now because those spaces were characterized, and again those spaces belong to
the public, Pier Park belongs to the public,and we have got a trade-off there now. We have
got a series of conflicting priorities, he doesn't disagree, it is a terrible problem. He does
agree that we have to look at it more closely to try to find some solutions but now we have a
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commercial enterprise there,we have a Pier, and a restaurant that gets used in the evening for
that as well. Unfortunately it is not just your set of priorities any more, it is a public piece of
land. It should never have been done that way in the first place, it is terrible. That entrance
is a disaster, it has been a disaster from day one, and like you said, the problem has gotten
worse, we have tried to escalate our response to it, and helped the best we could. So the
issue has been over the years, we've continually escalated our response and to the Chiefs
point, he completely agrees with the Chief, it has been a mess.
Mayor Scholl said your proposed solution is interesting but basically you created a custom
entrance to your building at the behest of a public piece of land. He is not totally convinced
that people aren't still going to try to pull in and drop their people off at the beach and you
are going to say, well put an entrance gate in so that only we can get in. Well, he doesn't
know if we can do that either. He doesn't think the answer is going to be as simple as
relocating the spaces but at the same time he believes we have got a conflicting set of
priorities with the Pier,with the restaurant lease,and there are other issues going on there. So
his point is that we hear you, and we appreciate everybody coming out. He is very familiar
with it, to the gentleman with the five (5) questions, he has been there on the weekends, he
knows it is a mess, when he goes there he goes on his scooter because he can park by the
bicycle racks on the end to go to the restaurant. But he thinks we are going to have to look at
it in a public policy standpoint as well as a life safety issue because it is both because it is
very difficult for us to ignore the other pieces that are there. He does believe with the Park
opening hopefully we are going to have some alternatives, and we are going to look at that.
The City Manager brought up to him the other day about the fact that the lease for the Pier
restaurant has got a parking requirement in it. Your own Condo docs are very loose when it
comes to short term rentals, and so you are creating intensity on your building as well. So
the answer might be a trade-off between all of us. We may try to de-intensify some of it,and
you might have to try to de-intensify some of it as well. He can tell you, the short term
rentals,they put a lot of pressure on your building and they bring an element in your building
that is very undesirable. The Chief will tell you, most of the issues we have in buildings
today is because of B&B and short term rentals and he gets called all the time because of this.
So, this is an issue as well that you might have to address. So again, his point is that we are
going to look at it vigorously, he can promise you, but there is a series of trade-offs here
unfortunately because it just is not our land to give you. He has said this many times, it was
a bad situation to begin with and we have created a situation that gave ingress and egress to
public land and so it is just not so easy to redecorate it and make it a custom entrance. Even
with the handicapped spaces there, it is still pretty ugly because he still believes that people
are going to want to pull in and drop people off. But he does believe that there might be
some ways to mitigate it, moving the spaces but also mitigating the way the ingress and
egress works which he thinks we have got to go to the staff and let the staff take a hard look
at it. But again, his point is there is no silver bullet, it is a problem that is going to have to be
managed, and we have to look at it carefully. The one thing he appreciates is he loves it
when people show up and they are upset, it shows him that people care about their
community because many nights we sit here and the staff is in the audience and we are
making all our decisions and we don't really feel the intensity and the emotion of the
community and so it is very important that you came tonight. He appreciates the
organization, he appreciates the calm too, we have had meetings in here where people are
screaming and yelling, and frankly that doesn't get your point across but he thinks you all
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raised your issues in a very articulate manner, and you certainly got through to him, and he
appreciates it.
Roberto Rodriguez said he has three issues that you brought up. First of all you talk about
the restaurant,all of a sudden the restaurant is a focal point,if you would talk to the owner of
the restaurant he would tell you that maybe less than 3%of the people that come in there and
park go to that restaurant, and he would tell you that he is all for it. Mayor Scholl said he
didn't tell him that a week ago,he met with him,and Mr. Rodriguez said that is because you
are the power over him, and that is exactly what he said to him and he said he is willing to
create a world class park there. Mayor Scholl said if he is willing to modify his lease,that is
going to help. Mr. Rodriguez said then you made a comment that you went on line and you
looked at Condo docs, he can bring you their manager and the short term rentals that they
have are under control and the reason why is because they have a system in place where those
people have to register prior to coming into the building, where we run a check on them. So
for you to associate us with the rest of the other short term rentals in other buildings, that is
totally wrong. He can guarantee you that they have the best control of short renters and they
knew that was going to come up because the City Manager also mentioned that. Our short
term renters do not create any type of problem when it comes to Pier Park. Mayor Scholl
asked how many times a year do you allow your unit owners to rent their unit? Mr.
Rodriguez said 12. Mayor Scholl said that is a hotel, and he asked how many units do you
have in the building? Mr. Rodriguez answered 326 units. Mayor Scholl said that is 3,600
tenants. Mr. Rodriguez said he can give you a statistic that is less than 4% of their rental
units rent to that capacity, and he can give you the stats.
Madeline Barcheko said she works for a municipality as well, and she is surprised that you
are addressing all of these residents that are here tonight. She is a single mother and has a 20
and 22 year old and she bought her unit in 2007. Why did she buy into La Perla, and she
does not have to mention everything that has been said here but she also bought because she
had the opportunity to rent because she cannot afford to pay 53,000+ in mortgage, and she
has to say like Roberto says, La Perla has one of the best property managers,and she is very
passionate about this because it hurts her that they voted for you to be where you are and you
are not supporting our cause. You are going to have a fatality there,somebody is going to get
shot. The reason she bought that condo was also because it was for her 22 year old son,and
he doesn't come to La Perla because every time he comes he gets into a confrontation. Why
does she have to pay so much for a condo when her family can't even come and enjoy the
premises because they are afraid. Mayor Scholl said he is not saying we are not going to try
to address your issue, what he is saying is that it is not so simple. It is not your land.
Madeline said the short terms there are very strict,you have to go through an investigation in
order to rent there. Mayor Scholl said he is not saying that is the problem, what he is saying
is, there is a lot of contributing factors, we have some and you have some.
Commissioner Levin said she received a letter that is addressed to all Sunny Isles Beach City
Commissioners, and she is assuming that everybody else received it, it is from Severina
Vilenchik, a resident of La Perla, re: public safety and traffic concern, and Commissioner
Levin gave it to the City Clerk to be entered into the record. She is glad that she gave the
residents this opportunity to come speak tonight. She will perceive that there is a big
problem. As many of you know she is not seeking re-election so as of December 8, 2016,
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she will no longer be acting as a Commissioner. She is hoping that the Commission will
continue to look into this matter,obviously there are issues,and as the Mayor said there is no
silver bullet but this City has the brainpower and the ability to put together something that
works, and she really believes that, and something can be done to make it happen. She may
not be on the Commission anymore but she will continue to support you however that she
can.
Vice Mayor Gatto said several times she has spoken to Roberto Rodriguez about how
sympathetic she is about the situation because one of the gentleman that was here earlier
brought up the Skate Park and that was about having your quiet enjoyinent ruined for seven
(7) days a week, she personally suffered from that. She said it was a little harsh and unfair
for Tony Rodriguez to say she came to La Perla and spent a couple of hours there. She
knows that the Commission did, and so they did give you the time, it is not just for tonight,
and so she just wanted to say that she wants to be fair about this and she wants the rest of the
group to know that a lot of us has spent time over at your building and we understand what is
going on. She doesn't want this to come out the wrong way but it has to do with the safety
issue with the caliber of people you are all describing that is on the beach. The district that
she oversees is Winston Towers, and Samson Park is part of her district. We deal with
characters all the time from homeless situations to bad people and quite honestly we don't
need cars to get them there, they walk there or they are walking up and down the beach and
they get there, and so that part of the problem is not just indicative of that area because you
have a Pier there. We are dealing with it in our district and they probably deal with it on the
rest of the beach. The Police does a magnificent job of managing that and controlling that,
and so she understands the concern about the safety issue you talk about on the beach but she
thinks we need to separate that which is a whole different thing,from what is going on in the
actual parking lot. She thinks linking the two might be a little unfair, we get our share of
characters whether they are on foot or in car, it does not make a difference. She just wanted
to clarify that. Again, with that said, she knows and she has worked with the Mayor for
many years and with this Commission, and she knows we are going to sit down and figure
out a solution, she doesn't know what the solution is off hand but she knows we will figure
out something because as the Mayor said,we heard what you are saying and you got to us,so
we will figure something out.
Commissioner Aelion said that many of you know that he took this issue to heart personally,
he came many times, he met the Board, he met with all of you that sat together with the City
Manager and alone, and the video that we saw is self-explanatory of what you are going
through on a regular basis. With that said, he wants to touch upon what the Mayor voiced
here tonight. It is very easy to feel that the solution may be a simple one because of the 2010
Agreement, and think that the Commission has a right to basically move the 29 parking
spaces and the public piece of land should be also pro-fitted for the use. If it is pro-fitted it
then becomes a singular use,and the singular use is the egress and ingress from La Perla and
with that the use becomes singular and it becomes for the use of La Perla,end of story. Even
with what the Architect had presented, you can enlarge the sidewalk to make it nice and
attractive beach access and so forth. He will tell you something that may open your eyes as
far as what the Mayor was referring to. The City of North Bay Village has a liquor store
called Happy Stork, it is right there on the 79th Street Causeway. It has been there for over 60
years together with a lounge, and so you can imagine what type of people visit there. The
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Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida
City decided at one point to build an elementary school, 25 years after that. Of course there
was an outcry from the community to tell the property owner who owns the liquor store and
lounge to move because we are coming in with an elementary school, and guess what, the
City's hands were tied because what was there and the use that was allowed before had to be
respected and continue to be respected. The analogy here is that Pier Park and the use of Pier
Park and we are talking about fishing, if the Pier was not there, it would have been a beach
access, end of story.
Commissioner Aelion said the fact that Pier Park has been there for almost 80 years and the
use has been public, long before the inception of the City,you have to look at this in a bigger
picture. First of all with the Master Plan of the inception of the City, the Chief of Police
touched upon safety and so on, and really the Police has to be commended for their oversite
not only there but over the City. The issue is one that the motivation within the inception of
the City through the Master Plan was always to take safety into consideration. So before the
City got built without going into too many details, everybody knows there were rundown
motels, and the crime rate through the County because it was oversite by the County Police,
they couldn't even handle the amount of crime when the motels were here. And so the idea
was really to develop the beach to allow beach accesses which we have plenty,to the public,
but to have a safer environment to live in. Guess what, 19 years down the road it is a reality,
and so most of what was problematic on the beach is gone. So it is not an easy task by the
City that is bound by historic development and is bound by public use and it is very clear and
is very understanding of what is going wrong, your safety is number one. The City has to
find a formula, and by the way, he is also impressed by the residents of La Perla and-
everybody's point is very well taken here but not one and not two City Commissioners and
prior City officials said that La Perla should never have been built to begin with because they
foresaw this issue when they came and then reality. However, it was built,and the issue that
was brought up by Richard Brown Morilla and argued by the Mayor, came to be and we are
still living with it today so it is not a solution of just saying change the use, it is still going to
be public land but into single use, it is not a simple matter to just brush it off like this. It is
something that the Mayor and Commissioners voiced here that taking into account the
importance of the safety of the residents there, and he agrees the issue is serious and we will
find a solution in the public interest, not only La Perla but all the residents and visitors of
Sunny Isles Beach will be taken into consideration, and a decision will be done. Definitely
the fact that the Pier area is here today as the result of the upcoming opening of Gateway
Park with those available spaces. That is an element that will definitely be coming to play
very soon and we hope by the end of this year we can cut the ribbon for Gateway Park and at
the same time we will definitely sit down or maybe from now until then we will strategize an
approach that will address all sides of this issue.
Commissioner Goldman said she is very much impressed with the complexity and depth of
this presentation and she thinks you all did a wonderful job of presenting the issues. As you
may know she represents the south side and she is an attorney by training and she looks
forward to the opportunity to really analyze the issue,the legal policy perspective,and she is
looking forward to meeting you all in person in the near future. Public safety and traffic
issues are really paramount for her and she has to say that she does see it first-hand because
she is the person who drives home from downtown at night at 9:00 and she sees the Police
cars,the fracas,the roads,the place cordoned off and so she does see it as well and she shares
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your concerns about the various impacts to your quality of life. So she looks forward to
really analyzing this and working with the Commission to come up with some realistic
solutions to this problem.
Mayor Scholl said he thinks what we are hearing tonight is that and what he is going to direct
the staff to do is, we are going to have to look at our conflicts, and the conflicts are the Pier,
the Lease, the public parking aspect of it, the public elements of it. Truthfully,the plan that
you presented,the way it is designed turns it into a private access,and he does not believe we
can do that in that nature. So what he is going to suggest, and he asked Roberto who is on
point for them, and Roberto said Eric Glazer. Mayor Scholl said to give us a couple of
weeks and we will have a meeting together and we are going to look at the constraints on our
side, and we are going to sit down with you and we can collaborate on those restraints and
then see if we can come up with some ideas. Again, we appreciate everybody coming
tonight.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
14. ADJOURNMENT
Mayor Scholl adjourned the meeting at 10:07 p.m.
Respectfully submitted by: Approved by the City Commission on Oct. 20, 2016
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suINY shit City of Sunny Isles Beach
18070 Collins Avenue
. ` •-"t" •1. Sunny Isles Beach,Florida 33160
• e �ee : (305)907 0606 City Hall
a•�•e.„ (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J.Russo,City Manager
FROM: Jane A. Hines, MMC,City Clerk
DATE: 10/20/2016
RE: Summary Minutes for the September 15,2016 Regular
City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the
September 15,2016 Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Description
Summary Minutes
Item Number:3.C.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=2001 10/14/2016