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HomeMy WebLinkAbout2010-0715 Regular City Commission Meeting - SUMMARY MINUTES Regular City Commission Meeting Thursday, July 15,2010,6:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner City Attorney Hans Ottinot Assistant City Manager/Services Jorge Vera City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Jan Solomon of FlU led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Ede1cup gave opening remarks of decorum. He also announced that County Commissioner Sally Heyman is arranging for free spay and neutering of cats on July 25,2010 at Highland Oaks Park, and for more information contact Cultural and Human Services or Margie Amador in Commissioner Heyman's Office. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - June 17, 2010. Action: Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Revisions: Item 7C. Building Department Revised Fee Schedule; Additional Information: Item 100. Renderings/Photos of Covered Walkway; and Item 10Q. A Signed 1 sl Addendum and Exhibit to Letter oflntent; Add-On: Item lOR. Create an Audit Committee. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Brezin moved and Vice Mayor Thaler 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 July 15,2010 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS 5A. Announcement/Presentation by Police Chief Fred Maas of Police Promotions. Action: Police Chief Fred Maas announced the Police promotions and Mayor Edelcup and City Manager Conner presented badges to the following: Corporal Caridad Vesco; Corporal Ruben Zamora; Corporal Robert Ostrov and Diesel of the K-9 Unit; Sergeant Blake Royal; and Lieutenant Mike Mulvey. 6. ZONING None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City of Sunny Isles Beach, Florida, Authorizing the Issuance of a Stormwater Utility Revenue Bond, Series 2010, of the City of Sunny Isles Beach, Florida in a Principal Amount of$3,500,000.00 for the Purposes of Financing All or a Portion of the Costs of Certain Improvements to the Stormwater Utility System and Paying Certain Costs Related Thereto; Determining the Need for a Negotiated Sale of Such Bond to Branch Banking and Trust Company; Providing for the Terms and Payment of Such Bond and for the Rights, Remedies and Security of the Owners Thereof; Making Certain Covenants Relating to the Issuance of Such Bond; Designating Such Bond as a "Qualified Tax-Exempt Obligation" within the Meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as Amended; Authorizing the Proper Officers of the City to Do All Other Things Deemed Necessary or Advisable in Connection with the Issuance of Such Bond; and Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance MinaI Shah reported that this will assist in the payback of the borrowing from the Capital Projects Fund for stormwater drainage improvements, as well as future drainage improvement projects. The borrowing is for 15 years at an interest rate of 4.02%. Public Speakers: None Commissioner Goodman moved and Commissioner Scholl 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 at a Special City Commission Meeting on Tuesday, July 27, 2010, at 12:00 p.m. V ote: Commissioner Brezin ~ Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 2 ..... Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida 7B. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Chapter 96 of the City Code Pertaining to Alarm Systems; Providing for Repealer; Providing for Inclusion in the City Code; Providing for Severability, Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported that many of the false alarms are due to improper use of alarms, and therefore we are amending the ordinance to allow only one free false alarm for commercial uses, and the fees have been adjusted by raising them $50 per false alarm. Public Speakers: None Mayor Edelcup said then that there is no change in fees for residential false alarms, and Mr. Vera said that is correct. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5- o in favor. Second reading, public hearing will be held on Thursday, September 16, 2010, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 7C. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Chapter 156 of the Sunny Isles Beach Code Entitled "Fees, Miscellaneous"; Adopting a Revised Fee Schedule for the Building Department, Attached as Exhibit "A"; Providing the City Manager with the Authority to Review Annually All Building Department Fees; Providing for Repealer; Providing for Severability; Providing for Codification; Providing for an Effective Date. Action: [City Clerk's Note: A revised Fee Schedule was distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and Assistant City Manager/Services Vera reported noting that a revised Fee Schedule was distributed. Some of the fees have been adjusted, and a new permit fee has been created for the condominiums in order to allow them to pull a one-time permit fee, the Annual Facility Permits (Premise Permits), for maintenance of condominiums for the entire year. However, the condominiums are required to have certified maintenance personnel there. Public Speakers: None Mayor Ede1cup clarified that this would primarily be a cost savings to the condominiums that have multiple repairs. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, September 16, 2010, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman m Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 3 - Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach to Include Bicycle Rules and Regulations; Providing for Penalties and Enforcement; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 06/17/1 0) Action: City Clerk Hines read the title, and Vice Mayor Thaler reported that this was established because there have been bikes at night without reflective and/or lights, and this gives our Police Department the ability to stop them, providing more safety within the City. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2010-346 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup ~ 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2008-309 and Ordinance No. 2009-331, Regulating Intersections Determined to be Dangerous; Providing for Recorded Image Monitoring and Enforcement of Red Light Traffic Control Signals Consistent with General Law as Provided by Chapter 2010-80, Laws of Florida (2010) ("The Mark Wandall Traffic Safety Act"); Providing for Adoption of Representations; Repealing All Ordinances in Conflict; Providing for Severability; Providing for Inclusion in the Code; Providing for Savings, Ratification and Reservation of Rights; Providing for an Effective Date. (First Reading 06/1 7/1 0) Action: City Clerk Hines read the title, and City Manager Conner reported that this ordinance will bring us into compliance with the requirements of new State Legislation that would allow us to initiate a red light camera program if we so choose. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2010-347 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 4 Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida 9B.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with American Traffic Solutions (A TS) for the Red Light Camera Program, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A", Providing that Any Changes are Approved as to Form and Legal Sufficiency by the City Attorney; 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 Manager Conner said now that the Ordinance is adopted, we can officially have a red light program. We had a contract with A TS prior to the State law being enacted, which now requires a new process for entering into agreements with these companies. We were on a per ticket basis but with the new legislation they cannot charge per citation, the idea is to get an arms length agreement in which we are required to pay a flat fee. We will not have to pay anything ifthere is not enough activity, and if the tickets don't cover the costs. They will allow us to deduct from any cost up front, our portion for the true cost that we incur as we go through the process. The original proposal was that we could be on line for any future shortfalls to them, we would have had to put that money into an escrow account and hold it until the end of the contract to make sure that at that terminus point we didn't owe them anything. After the first six months we are going to the reconciliations on a quarterly basis. Commissioner Scholl clarified that there is a quarterly true-up, and then you have an agreement for our out-of-pockets as an expense to the revenue stream. Vice Mayor Thaler asked if they did the collection, and City Manager Conner said that the State does the collection and remits a check to us and we remit it back to them under the new process. Vice Mayor Thaler said then that we don't give A TS anything until we get the check from the State, and City Manager Conner said that was correct, we can only pay what we receive, it is based on our revenue stream. Mayor Edelcup said we have a consensus from the Commission to go forward with this. City Attorney Ottinot said that the Commission can approve this contract in substantially the same form as attached, and that way we don't need to come back to the Commission with the contract. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2010-1576 was adopted by a voice vote of 5-0 in favor. 10. lOA. RESOLUTIONS A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2010-1525 Amending the Schedule for City Commission Meetings for Calendar Year 2010 by Changing the Time of the Regular City Commission Meeting on Thursday, October 14,2010 to 6:00 p.m.; Adding a Special City Commission Meeting on Thursday, September 2, 2010 at 6:00 p.m. to Hear an Appeal; Adding Special City Commission Meetings Tentatively on Tuesday, September 14,2010 and Tuesday, September 28, 2010, at 6:00 p.m., for Fiscal Year 2010/2011 Budget Hearings; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2010-1577 was adopted by a voice vote of5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Pursuant to Section 5.1 of the Municipal Charter, Calling for a General Election to be Held on Tuesday, November 2, 2010, for the Purpose of Submitting to the Electorate of the City of Sunny Isles Beach the Names of All Qualified Candidates for Election to the Position of Mayor, City Commissioner, Seat 02 (Central Residential Area), and of City Commissioner, Seat 04 (Mid-South Residential Area); Providing for a Run-Off Election, if Necessary, to be Held on Tuesday, December 7, 2010; Providing for Conducting the Elections, Polling Places, Form of Ballot, Voter Registration, Notice of Elections; Providing for an Effective Date. Action: City Clerk Hines read the title. Commissioner Goodman asked if there was a run- off election, would those people take office 30 days from the run-off election date, and after reviewing the Charter, City Attorney Ottinot said yes. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1578 was adopted by a voice vote of 5-0 in favor. 10e. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager or His Designee to Sign or Renew All Required Contracts, Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare ofthe City, During the Summer Recess Period from the Last City Commission Meeting in July 2010 through the First Regular Commission Meeting in September 2010, Subject to After-the- Fact Ratification at the September 16,2010 City Commission Meeting; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1579 was adopted by a voice vote of 5-0 in favor. 10D.A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Expend Monies from the Miami-Dade County Federal Drug Control and System Improvement Program (Byrne/JAG Grant) in the Amount of $5,173.00, to Purchase Two (2) Document Scanners and Battery Back-Up Systems to Support the "Records Improvement" Program; Authorizing the Mayor to Execute Said Grant Application; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Captain Michael Grandinetti reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1580 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984 to Expend Up to $75,000.00 from the Partial Federal Forfeiture (DOJ) Funds for the Purchase of Miscellaneous Investigative Equipment to be Used by the Police Department's Detached Detective and his DEA, HIDT A Group; Providing for an Effective Date. Action: City Clerk Hines read the title, and Chief Fred Maas reported. Public Speakers: none Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1581 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Mayor to Apply for, Receive and Expend Additional Funding in the Amount of $200,000.00 for the Enhancement of Law Enforcement Technology Under a Community Oriented Policing Services ("COPS") Technology Program, Sponsored by the United States Department of Justice; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Captain Michael Grandinetti reported noting that we were one of the few agencies that were invited to apply for this grant. The monies will be used for purchasing tag readers which are camera systems that go inside Police cars that read tags as they pass to check for stolen cars; to purchase a AM radio station that we can preset with messages, warnings, evacuation notices, general advertisements, etc.; replace some of the defibrillators in the Police Cars; and a battery backup system to support the network. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1582 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Selecting Six (6) Engineering Firms to Perform General Engineering, Structural, Geotechnical, Traffic Services for the City, in Response to RFQ No. 10-04-01; Authorizing the City Manager or his/her Designee to Enter into Continuing Consultant Agreements with Said Engineering Firms, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further Authorizing the City Manager to Do All Things Necessary to Effectuate the this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1583 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Selecting Four (4) Architectural Firms to Perform Architectural Services for the City, in Response to RFQ No. 10-04-02; Authorizing the City Manager or hislher Designee to Enter into Continuing Consultant Agreements with Said Architectural Firms, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further 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 Conner reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1584 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving Change Order No. 1 to Agreement with Fortin, Leavy, Skiles, Inc. to Provide Additional Platting Services for the Government Center, in an Amount not to Exceed $5,165.98, Attached Hereto As Exhibit "A"; Authorizing the Mayor to Execute Said Amendment to 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 Assistant City Manager Vera reported noting that everything has been done including recording the Plat. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2010-1585 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No.4 to Agreement with Tenex Enterprises for Change in Landscaping and for Additional Sidewalk and Landscape Work, in an Amount Not to Exceed $65,160.45, Attached Hereto as Exhibit "~"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines reah the title, and Assistant City Manager Vera reported noting that this is from 183 rd Street tll78th Street. Public Speakers: none Vice Mayor Thaler moved an Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1586 was adopted by a voice vote of 5-0 in favor. 8 -. Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida 10K. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Citv Manager to Negotiate a Parking License Agreement with National Deli Corporation, D/B/A the Epicure Market - Sunny Isles (Epicure), to Jointly Share for 30 or 20 Exclusive Designated Parking Spaces in Epicure's Parking Lot Located at 17190 Collins Avenue, in Order to Accommodate Potential Overflow from the Patrons of Town Center Park, for a Flat Rate of$750.00 for 30 spaces or $500 for 20 spaces per Month, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement and 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 City Manager Conner reported that the Commission had asked him to look at modifying the contract to say "exclusive" use of the 30 parking spaces, and Epicure countered with 20 exclusive spaces and we can ask for 10 shared spaces as well. Public Speakers: none After discussion, it was the consensus of the Commission to give the City Manager the authority to negotiate and come back with 30 exclusive spaces at $9,000 or 20 exclusive spaces at $6,000. Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this resolution, as amended. Resolution No. 2010-1587 was adopted by a voicevoteof5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Temporarily Naming of the Proposed Park Located in the Area Between the East Bound and West Bound Lanes of Sunny Isles Boulevard as "Gateway Park"; 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 Conner reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1588 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City to Participate in the "Prestige Cultural Series at Biscayne Bay Campus 2010- 2011" Program, and Authorizing a Charitable Contribution to the Biscayne Bay Campus of Florida International University (FlU), in the Amount of $3,000.00; 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 City Manager Conner reported. Public Speakers: Jan Solomon Jan Solomon of FlU thanked the Commission, and Mayor Edelcup noted that we have a Cultural Four Seasons Program next Wednesday, July 21 from 7:30 p.m. to 9:00 p.m., atthe 9 - Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida School Auditorium with free parking at the School Parking Garage. Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2010-1589 was adopted by a voice vote of 5-0 in favor. 10N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Consultant Agreement with Calvin, Giordano and Associates, Inc. to Provide Professional Government Consulting Services for All Permitting Issues on the Emergency/Pedestrian Bridge and the Newport Fishing Pier, in an Amount Not to Exceed $80,850.00, 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 City Manager Conner reported, noting that approximately half are funds set aside for this process that we don't think we will need, and it will require the Commission's additional approval to make sure we can move forward to get these projects done. Public Speakers: none Commissioner Goodman said he was upset today when he got the email from the City Manager stating that the Pier and the Bridge were not approved. We were waiting on permits and now we find out that the State said the plans are completely unacceptable. Mayor Edelcup said we may not have chosen the appropriate consultants but the only way these two projects are going to get accomplished in a reasonable amount of time are face-to-face meetings with the regulatory bodies involved, email and telephones are too easy to hide behind, and too easy for misunderstandings that later might hold up the project. He is urging staff and consultants to recognize that the Commission is really upset about the delays, in particular, the bridge is a life saving situation everyday when that bridge is not in place there is the possibility of a major catastrophe. We need to be very forceful with our consultants and ourselves to meet often, and as long as it takes to get these projects on the road. He hopes that we can do better than the estimates being presented to us as to the time table. Commissioner Goodman said this will also create many jobs. Mayor Edelcup asked that staff and consultants come back to them, we are politically connected in some form or another with people that are in the various levels of the State, and if need be contact the Commission and they will help in any way they can to contact people in the State Senate, or State Legislature or Governor's Office, or regulatory agencies as this is a combined effort and we all have to pitch in to make this thing happen. Commissioner Brezin asked what our next step is, and City Manager Conner said step no. 1 was already taken and that was today to talk to the design structural engineer, go over the listing of items that the State wants addressed, and he and City Attorney Ottinot have already talked about going up to Tallahassee. We now have the schedule in front of us, and we are going to make it on a regular basis at the workshops of walking through each ofthe projects and their timetables and where we are. On the Pier, our first step is that we will go to Tallahassee and set down with the plans and find out why these are unacceptable, and in reading through their report, some of the issues may be easily resolved. 10 Summary Minutes: Regular City Commission Meeting July 15,2010 City of Sunny Isles Beach, Florida Mayor Edelcup said we need to move forward and hire the new consultants. We also need to bear in mind that staff is asking us to cancel the contracts with the previous consultants, and with that he would also add the proviso that our City Manager and City Attorney look at those contracts and if there are monies to be recovered for failure to perform on the part of the previous contractor, that we pursue the collection ofthose funds. Commissioner Scholl said we also have to be vigilant about our own Building Department in the way we handle our citizens when they bring their plans and to be clear, precise, and responsive. Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2010-1590 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Awnings of Hollywood, Inc. to Furnish and Install a Covered Walkway for Pelican Community Park, in an Amount Not to Exceed $24,900.00, 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's Note: Additional information was distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and Assistant City Manager Vera reported noting that renderings of the covered walkway were distributed, however the color has not been chosen yet. Commissioner Scholl said to try to make it as aesthetic as possible, and focus on the aesthetics of the park and the awning combination. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1591 was adopted by a voice vote of 5-0 in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Payment of Judgment in the Eminent Domain Case Entitled City of Sunny Isles Beach vs. Marks, et ai, Case No. 09-55633 CA 21; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is to close out the eminent domain litigation involved in the Doll House property. The City had acquired a neighborhood property for $9 Million plus in terms of extra benefits that we gave to the neighborhood property, and the jury basically considered that property as identical property and issued a judgment of $10.6 Million. The City had already deposited $7.7 Million with the court, and now has to deposit the additional funds. Basically the property is City property at this time, there is still some provisional litigation involved on the property owners, will turn over the proceeds, but everything else is mostly closed and we can move forward on developing the construction of the park Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2010-1592 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes: Regular City Commission Meeting July 15, 2010 City of Sunny Isles Beach, Florida 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Letter of Intent Between the City of Sunny Isles Beach and H & M Gables Investors, LLC to Lease Property to Construct, Develop and Operate an Aquarium and Related Facilities in the City of Sunny Isles Beach in Substantially the Same Form; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Additional information was distributed prior to the meeting. See additional action under Item 4A.} City Clerk Hines read the title, and City Attorney Ottinot reported noting that a signed First Addendum and an Exhibit to the Letter of Intent were distributed. At the January 28, 2010 City Commission Meeting, Arthur Hertz the owner of the Seaquarium gave a presentation to this Commission of a proposed Aquarium Complex that he would like to put on City-owned property located at 151 Sunny Isles Boulevard. After the presentation the Commission directed staff to work with Mr. Hertz to develop a public/private partnership to build that Aquarium. Mr. Hertz has hired counsel to negotiate with his office to develop a lease agreement and a development agreement. We have drafted a Letter oflntent to formalize the public/private partnership, it is a non-binding, with terms included in the letter. We still have to negotiate a final agreement with Mr. Hertz which will come before the Commission for approval, and we have agreed to a 90-day time period to have these agreements. Public Speakers: none Mayor Edelcup noted the Exhibit that was added, and City Attorney Ottinot said yes, it basically describes the scope of work of the Aquarium Complex, which was distributed at the January 28, 2010 City Commission meeting. Commissioner Scholl said that he supports the Aquarium effort but he is going to be very critical of the documents that come before them and the representations of the other parties. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1593 was adopted by a voice vote of 5-0 in favor. lOR. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Creating a Committee Entitled "Audit Committee"; Providing for the Appointment of Committee Members to Include a Chairperson; Providing for the Selection of Committee Members; Providing for an Effective Date. Action: [City Clerk's Note: This Item was added and distributed prior to the meeting. See additional action under Item 4A.} City Clerk Hines read the title, and Assistant City Manager/Finance MinaI Shah reported that the City's external audit services contract has expired, and as a result the City went out with an RFP for audit services. The Florida Statutes outline certain responsibilities that the City must comply with in order to solicit audit services of which includes forming an Audit Committee. She also noted that the members would be the City Manager, Assistant City Manager/Finance as Chairperson, and Assistant Finance Director. Public Speakers: none 12 - Summary Minutes: Regular City Commission Meeting July 15, 2010 City of Sunny Isles Beach, Florida Vice Mayor Thaler asked if these are the specific members required by the State, and Ms. Shah said no, positions are not specifically outlined in the Statutes, only the fact that we have to form an Audit Committee is. Mayor Edelcup said that the Commission still has the final approval of the Auditors, and Ms. Shah said yes, the role of the Audit Committee is to evaluate, recommend, and rank the audit firms but that decision is up to the Commission. Mayor Ede1cup recommended a three-year engagement with an auditing firm in order to get a better rate, and Ms. Shah said when we sent out the RFP we did identify that it would be a three-year contract with two one-year renewals in order for them to recoup their start-up cost. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1594 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Goodman moved to adjourn the meeting, and Mayor Edelcup adjourned it at 7:45 p.m. R~spectfully submitted by: Approved by the City Commission on Sept. 16, 2010 :.~A~ . Jane A. Hines, CMC, City Clerk . t/ .... .. '~ . '... ",. . . ~ ... I' . . . ~. . . 13 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 9/16/2010 RE: Summary Minutes for the July 15,2010 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the July 15,2010 Regular City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=315&MeetingID=O&MeetingDate... 7/26/2010