HomeMy WebLinkAbout2016-1020 Regular City Commission Meeting j .
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, October 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 (Absent\ill) City Manager Christopher J. Russo
Vice Mayor Jeanette Gatto City Attorney Hans Ottinot
Commissioner Isaac Aelion Deputy City Clerk Mauricio Betancur, CMC
Commissioner Dana Goldman Deputy City Manager Stan Morris
Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE/INVOCATION
Action: Finance Director Audra Curts-Whann led the Pledge of Allegiance to the flag, and
City Manager Russo gave the invocation.
Vice Mayor Gatto gave opening remarks of decorum, and noted Mayor Scholl is not here
tonight as he is not feeling well.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting— 1St Budget Hearing September 6, 2016.
Action: [City Clerk's Note: Item 3A was heard with Items 3B and 3C1 Commissioner
Aelion moved and Commissioner Levin seconded a motion to approve the above
mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1
[Mayor Scholl absent] in favor.
3B. Special City Commission Meeting—2nd Budget Hearing September 15, 2016.
Action: [City Clerk's Note: Item 3B was heard with Items 3A and 3C.] Commissioner
Aelion moved and Commissioner Levin seconded a motion to approve the above
mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1
[Mayor Scholl absent] in favor.
3C. Regular City Commission Meeting— September 15, 2016.
Action: [City Clerk's Note: Item 3C was heard with Items 3A and 3B.] Commissioner
Aelion moved and Commissioner Levin seconded a motion to approve the above
mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1
[Mayor Scholl absent] in favor.
Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items. Revised: Item 10I. PBA Agreement revised page 29; Deferral:
Item 10A.Donation by Milton Trust;Withdrawn: Item 10K.FDOT Agreement;Add-On:
Item 10M. Florida Engineering CO#12; and Item 12A. Discussion on Ocean III Extended
Hours for Construction.
Action: Vice Mayor Gatto 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 4-0-1 [Mayor
Scholl absent] in favor.
5. SPECIAL PRESENTATIONS
5A. Special Presentation by Arie Steiger (Florida Israel Friendship League).
Action:Arie Steiger,on behalf of the Florida Israel Friendship League,presented a plaque to
the City Commission,City Staff and Police Department for the City's support over the years
for the Israeli Independence Day celebrations.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 265 "Zoning" Section 265-46 of the City Code to Include Parallel Parking
Regulations;Providing for Severability;Providing for Inclusion in the Code; Providing for
Repeal of Conflicting Provisions; and Providing for an Effective Date.
Action:Deputy City Clerk Betancur read the title,and City Attorney Ottinot reported that the
purpose of this Ordinance is to provide regulations for the construction of parallel parking
stalls within commercial and residential development projects.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 4-
0-1 [Mayor Scholl absent] in favor. Second reading, public hearing will be held on
Thursday, November 17, 2016, at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin
Vice Mayor Gatto yes
Mayor Scholl absent
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Summary Minutes:Regular City Commission Meeting October 20,2016 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
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.
(First Reading 09/15/16)
Action:Deputy City Clerk Betancur read the title,and City Manager Russo reported that this
is the more stringent requirements,as we discussed the details at the last meeting,and it is in
the Ordinance before you on the repaving and resurfacing of new roads,newer roads versus
older roads.
Public Speakers: None
Commissioner Levin moved and Commissioner Goldman seconded a motion to approve
the Ordinance on second reading. Ordinance No.2016-486 was adopted by a roll call
vote of 4-0-1 [Mayor Scholl absent] in favor.
Vote: Commissioner Aelion y
Commissioner Goldman y
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl absent
9B. 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.
(First Reading 09/15/16)
Action:Deputy City Clerk Betancur read the title,and Finance Director Audra Curts-Whann
reported this is the final Budget Amendment for fiscal year 2015/2016. This is our final
audited fund balances and our cleanup so that we can be prepared for our audit.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the Ordinance on second reading. Ordinance No.2016-487 was adopted by a roll call
vote of 4-0-1 [Mayor Scholl absent] in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto des
Mayor Scholl absent
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
Sitting in as the Local Planning Agency and the City Commission, to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9C. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach,the Approval of the Ordinance
Amending Chapter 265 of the City Code "Zoning" to Add Section 265-39 "Workforce
Housing Density Bonus and Incentives Program"; Providing for an Effective Date.
Action: [City Clerk's Note: Items 9C and 9C.1 and related Items 9D and 9D.1 were heard
together.] Deputy City Clerk Betancur read the title, and City Attorney Ottinot reported.
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. LPA Resolution No. 2016-104 was adopted by a vote of 4-0-1 [Mayor
Scholl absent] in favor.
9C.1 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.
(First Reading 09/15/16)
Action: Deputy City Clerk Betancur read the title, and City Attorney Ottinot reported the
purpose of these Ordinances is to permit zoning incentives for the construction in
development of workforce housing in the City. Specifically,a developer can build eight(8)
additional units per acre if they provide workforce housing, and we are not talking about
affordable housing, workforce housing for teachers, police officers, etc. where an income
level of the household is normally $57,000 per year.
Public Speakers: None
Commissioner Aelion said then it is optional for the developer, and City Attorney Ottinot
said it is a voluntary program.
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the Ordinance on second reading. Ordinance No. 2016-488 was adopted by a roll call
vote of 4-0-1 [Mayor Scholl absent] in favor.
Vote: Commissioner Aelion y
Commissioner Goldman
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl absent
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
Sitting in as the Local Planning Agency and the City Commission, to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9D. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach,the Approval of the Ordinance
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 an Effective Date.
Action: [City Clerk's Note: Items 9D and 9D.1 and related Items 9C and 9C.1 were heard
together.] Deputy City Clerk Betancur read the title, and City Attorney Ottinot reported.
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. LPA Resolution No. 2016-105 was adopted by a vote of 4-0-1 [Mayor
Scholl absent] in favor.
9D.1 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.
(First Reading 09/15/16)
Action: Deputy City Clerk Betancur read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the Ordinance on second reading. Ordinance No.2016-489 was adopted by a roll call
vote of 4-0-1 [Mayor Scholl absent] in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman y
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl absent
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Accepting a
Charitable Donation of$4,000,000.00 from the Nilda Milton Revocable Trust("Trust")
for Additional Construction Services Rendered Including Structural Enhancements
and Improvements Outside the Scope of the Design-Build Agreement for Gateway
Park; Authorizing a Memorial Plaque to be Installed within Gateway Park to Honor
the Charitable Donation; Providing the City Manager and the City Attorney with the
Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: See additional action under Item 4A.] Deferred to November
17, 2016.
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Sixth Amendment to the Agreement with Calvin, Giordano & Associates, Inc. to
Provide Additional Professional Landscape Architecture Services Related to the North
Bay Road Bridge Paving Design, in an Amount Not to Exceed $12,085.50; Ratifying
Previous Expenditures Under the Contract, in an Amount Not to Exceed $94,479.27,
Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Sixth Amendment
to the Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title, and Capital Projects Manager Elka
Linton-Dorsett reported we are requesting approval of two items on this matter. One is the
6th Amendment to the Agreement with Calvin, Giordano's Scope of Services for the
Pedestrian/Emergency Bridge at North Bay Road to allow for some aesthetic enhancements
to the bridge including landscape planters and a decorative surface on the pavement of the
bridge which is not part of the original concept. Additionally, we are asking approval to
ratify expenses in the amount of$94,479.27 that have occurred through the life of the project.
Public Speakers: None
Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2611 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Change Order No. 11 to the Agreement with Florida Engineering Development
Corporation, for Professional Construction Services for the Construction of the 174th
Street Roadway Improvement Project, to Upgrade the Lighting, in an Amount Not to
Exceed$151,704.05,and Extending the Agreement Expiration Date,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: Item IOC was heard with related Item 10M.J Deputy City
Clerk Betancur read the title, and Capital Projects Manager Elka Linton-Dorsett reported
noting at the October 15, 2016 Commission meeting we spoke briefly about the need to
upgrade the existing lights in the 174th Street Corridor. This is the formal Change Order
request from the Contractor that essentially allows us to remove all the existing conduit and
wiring and replace it with new conduit and wiring. This will greatly alleviate the issues we
have ongoing with the lighting on 174th Street. The total Change Order amount is
$215,266.84, and a portion of that, approximately$53,000.00 will be absorbed through the
project contingency, while we requested a budgetary increase of$151,704.05 to cover the
balance. In addition to the monetary impact there is also a time impact on the project. It will
extend the final completion date 30 days to February 10, 2017. The contractor is working
diligently to have the roadway substantially complete prior to that and keep to their
December timeframe to at least have the roadway open but at least officially based on the
added scope of work their completion date for final will be February.
Public Speakers: None
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
Commissioner Aelion said we are not increasing the number of light poles, right? Ms.
Linton-Dorsett said we are relocating and adding two(2)but that is within the original scope
of work. Commissioner Aelion said he has noticed about 40 or 50 feet,maybe more,the tree
and lamp post placement are not centralized in the median between the section of North Bay
Road and 174th Street going west. On an aesthetic thing, you want things placed in the
middle of the median, but it is not only an exception but a lineage of such behavior
landscaping. What is the reason that is on the side? City Manager Russo said that is the
pattern of the landscaping. Ms.Linton-Dorsett said the trees were specifically designed to be
staggered and off center partly to help improve the lighting and the travel of light through the
corridor. She believes right now there are a lot of utilities within the corridor and the median
specifically so we staggered the trees to avoid utilities. Keep in mind that all of the trees are
also not in, because of the constraints we have, we installed in some cases only one side of
the median and our wait in placement of curb to install on the other side.
City Manager Russo said if you also remember, we specifically did go over that here. The
pattern of the bushes and shrubs, and he thinks they are flowering, are going in like an"S"
pattern around the trees. Commissioner Aelion said that is understood,the only issue he is
having is if you look at the total lineage distribution of those Palm trees from the end near the
500 building,the edge coming back,a large part of them are placed and centered. These are
completely on the side, so is it temporary, if it is permanent it looks very unattractive. City
Manager Russo said he thinks when you see the whole plan done it will be attractive,we can
off line go through the landscape plans with you. It is the ends, all the noses are pretty
symmetrical in terms of the nose trees is symmetrical with it. In the middle of the wider,and
he means length-wise,that has got the trees off-set because the shrubs that were part of the
plan, kind of goes in an "X" type of shape around those trees which was laid out in
coordination with the lighting study that was done. That is fundamentally why it is that way.
Commissioner Aelion said we have many medians,neighboring cities,Bal Harbour,Golden
Beach,a straight arrow,there is no reason why,and he understands what the City Manager is
saying but he would ask that, you know, everything now is out and if there are any
corrections to be made,it is a valid concern. Ms.Linton-Dorsett said we will circle back and
we can have further discussion. Vice Mayor Gatto said she does think it is a valid point,
hearing about improved and additional lighting in 174th Street in one sense makes her happy
but it is really in the dark there and at times it just feels a little creepy. It seems like you
have done some scientific studies behind the method to your madness and so she thinks it
sounds like it may work. She just wants to make sure it does work this time and you don't
have to go back and re-tool it because it has been really a hardship for a lot of us with people
walking dogs, coming back from the store, and it is pitch black. She is interested in seeing
the improvements.
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2612 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Expenditure of Budgeted Funds in an Amount Not to Exceed $65,421.34 on the
Purchase of Software Licensing and/or Products from Sungard Public Sector,Inc.for
Fiscal Year 2016/2017 for Police Software System Maintenance and Support;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title, and Chief Information Officer Derrick
Arias reported this is our annual reoccurring maintenance with Sungard. This is our main
Police system for dispatch, records, and mobile field reporting.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2613 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the
Donation of a Surplus Police Vehicle(2009 Ford Crown Victoria)to the City of Cedar
Key,Florida; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title,and Police Chief Fred Maas reported that
Cedar Key is a small island on the Gulf Coast. Hurricane Hermine devastated them when it
came down below the Keys up the Gulf Coast and made a direct hit on that area. They were
impacted so greatly that more than $10 Million in damage was done displacing them from
the City,all the Police Department,and almost all of their functions. In an emergency crisis
they reached out to the State municipal agencies and asked for anyone that could help them.
They didn't even have patrol vehicles once the storm was gone and they were in recovery
phase to have vehicles to patrol what was left of their devastated area. He mentions this
because two(2)agencies,the City of Melbourne sent two(2)vehicles,and the City of Sunny
Isles Beach sent a vehicle over there that that we would have received a nominal amount of
money for surplus vehicles that we were going to advertise to sell. They didn't need help
three (3) weeks later, they didn't need help two (2) months later, so to cut through all the
bureaucracy the City Manager got this done and so this is a ratification of a move that the
City did in benevolence to the City of Cedar Key. He thanked the City Manager for
immediately getting it done and supporting this, and Captain Grandinetti, the Finance
Department, all those who had a hand in getting this done. The next day they were down
here with a flatbed to load that vehicle onto their truck, that is how desperate they were to
bring that police vehicle back, ready to go, ready to use. It made the local paper up there
recognizing the City of Sunny Isles Beach and the City of Melbourne for their benevolence
and more importantly their brotherhood in helping them out in an emergency time.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2614 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
the"Declaration of a Local Emergency" Imposed by the City Manager on October 5,
2016 and the "Termination of a Local Emergency" Issued on October 7, 2016 Due to
Hurricane Matthew; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of this Resolution; Providing for An Effective Date.
Action: Deputy City Clerk Betancur read the title, and City Manager Russo reported that
thankfully uneventful Declaration on October 5,although we still incurred quite a bit of cost
in being ready, and it is great that he can say for the most part uneventful. On the other side
of the coin,the preparation,the effort,the resources that we had prepared worked flawlessly
between the Police Department, Cultural and Community Services, Public Works, Finance
Department, every Department of our City government, the Building Department in
particular especially prior and after worked very well unbelievably independent and together
but he is happy to say that for the most part, it was an non-event that we declared this
temporary emergency for.
Public Speakers: None
Vice Mayor Gatto said she thinks we are all well aware of the effort that went behind the
preparations with the Police Department and the City Manager's entire staff,and she thanked
him for that. Commissioner Aelion said at 3:00 p.m. that day he got a call from the Mayor
saying we dodged a bullet, and so we dodged the bullet the last hour from the Hurricane
Center that they really didn't know until then whether it would stay off shore or not, it was a
really touch and go situation. City Manager Russo said the other thing was, and he doesn't
recall that it may have happened in the past but he never remembers us being in the actual
line between the hurricane and tropical storm,that was the closest that he recalls of being in
that line and not knowing what to expect.
Commissioner Levin moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No.2016-2615 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
an Agreement with Southeastern Print Company, Inc. D/B/A FDC Print, LLC for
Printing Services for Fiscal Year 2016/2017, in an Amount Not to Exceed $150,000.00;
Authorizing the Mayor to Execute Said Agreement;Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title, and Cultural and Community Services
Director Susan Simpson reported this is our annual print work that we do for "Living",
"Islander",our biggest expense here is going to be the shuttle bus maps because we added the
App and so we have a little more expense than usual. We went out to bid last year, and this
is our second year of that bid option. The name is different, last year it was Franklin Dodd
who got bought out by the Southeastern Print Company but the same people are still
working,and they are the same conditions,the same location,they are doing a great job,and
they are holding the same price.
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No.2016-2616 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Write-Off of Uncollectible Accounts(NFS Items)in the Amount of$1,975.00 in the
General Fund, and $2,506.05 in the Building Fund,with a Total Amount of$4,481.05
Being Written Off;Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title,and Finance Director Audra Curts-Whann
reported that this is for mainly non-sufficient funds items that have been issued to the City
over a period of years. When they age to a certain level by best practices under the
accounting rules, we will write them off the books, however, they are not written off
completely because they are recorded on the individual accounts in our SmartGov and/or
RecPro Systems in the Building Department and in CCS. In the future if someone comes
back and wants to participate in City services they still must settle their original debt, but
these are write-offs for purposes of audit so that we don't retain these on the books
indefinitely. This is the first time we have done this because the new process was put in
place a couple of years ago, and so you will see this coming back to you on an annual basis.
Public Speakers: None
Commissioner Goldman moved and Commissioner Levin seconded a motion to approve
the resolution. Resolution No. 2016-2617 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Collective Bargaining Agreement Between the City of Sunny Isles Beach and Dade
County Police Benevolent Association ("PBA"), Attached Hereto as Exhibit "A" in
Substantially the Same Form;Authorizing the Mayor and the City Manager to Execute Said
Agreement;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: A revised page 30-31 to the Agreement was distributed prior to
the meeting.] Deputy City Clerk Betancur read the title, and City Manager Russo reported
that we came to agreement on the Collective Bargaining Agreement with the Police Union.
There are three or four highlighted points he will make: for the first time we have created a
level of health insurance benefits into retirement to the credit of our Police Union
Representatives who were able to come up with a very financially prudent plan in light of the
high cost of health care. We also made a small amendment to the schedule of percentage of
payout upon termination or retirement on accumulative sick leave,we broke up one level into
two (2) and split it. Typically every five (5) years, there was a slight change, we made a
change between the 16th and the 19th years we had a similar percentage of 50%between ten
and 19 we broke that up to 16 and 19 at 65% versus 50% of the maximum accumulation.
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
We determined our salary survey and compensation plan again for another two years. This is
something, in fact, many of these benefits that are in this Union contract are benefits that
even before we had a Union contract were in line and worked cooperatively with the
members of the Department to create the salary plan for example. Lastly, and pretty
importantly, this is the first renewal of the Collective Bargaining Agreement, the first one
was the initial one and there was a lot of language in that Contract that dealt with the initial
or the first and we cleaned that up quite a bit. This is subject to the vote which is coming up
soon within the next few days of the Union membership. Like always, this was a
collaborative effort, we worked together on it notwithstanding the new constraints of
working on the formal Collective Bargaining Agreement but he has to give the members of
the Department, members of the Negotiating staff, the Chief, Captain Grandinetti in
particular,the Legal Department for all their efforts in helping to bring this together in a very
amical way.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2618 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Fifth Amendment to the Agreement with Keith & Schnars, P.A. for Professional
Services for the FPL Overhead to Underground Conversion Project,in an Amount Not
to Exceed $12,750.00, 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: Deputy City Clerk Betancur read the title, and City Manager Russo reported this
Amendment is a minor one but it is important to note that this is the engineering for the
undergrounding related to the Sole and to the Chateau for which we collected the funding for
that stretch from the developers.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2619 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Enter into a Locally Funded Agreement 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's Note: See additional action under Item 4A.J Withdrawn.
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10L. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying a
Letter Agreement and Permanent Easement Agreement with Prince of Sunny Isles,
LLC,to Grant the City Authorization to Construct a New Dumpster Pad for Property
Located at 17395 North Bay Road, Sunny Isles Beach, Florida, Attached Hereto as
Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title, and City Manager Russo reported with
the cooperation of the owner of the commercial plaza at Winston Towers, the northwest
corner,they have agreed to give us a license agreement to place a dumpster enclosure. Now
that the landing of the bridge,which as you know has a wall that lands at about 12 feet high
and then tapers down, has eliminated the ability to collect all the garbage from each of the
rears so we came to an agreement with them on how it would be handled and they have
agreed to give us a license agreement.
Public Speakers: None
Commissioner Goldman moved and Commissioner Levin seconded a motion to approve
the resolution. Resolution No. 2016-2620 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
10M. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Change Order No. 12 to the Agreement with Florida Engineering Development
Corporation, for Professional Construction Services for the Construction of the 174th
Street Roadway Improvement Project, Extending the Agreement Expiration Date,
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: Item 10M was distributed prior to the meeting, and was heard
with related Item 10C. See additional action under Item 4A.J Deputy City Clerk Betancur
read the title,and Capital Projects Manager Elka Linton-Dorsett reported this item is related
to Winston Towers 200. This is mainly a time extension. There is no monetary impact
because it will be completely absorbed through contingency. This refers specifically to
creating a median opening where there was one prior to construction for access for Winston
Towers 200 residents to make a left turn movement from their loading dock.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2621 was adopted by a voice vote of 4-0-1 [Mayor
Scholl absent] in favor.
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11. MOTIONS
11A. A Discussion/Motion regarding a Request by Social Citizens of Southeast Florida for
Use of City Facilities.
Action: City Manager Russo said since we had the previous organization of Social Seniors
he has had a couple of meetings with their Treasurer, Finance Director Harvey Busch, and
the last meeting was with Harvey and Dennis Stubbolo over this. They have now
reconstituted themselves as the Social Citizens of Southeast Florida. They informed us they
will no longer need the funding from the City, and they have ensured us that they still have
the majority of their membership from Sunny Isles Beach. They are not asking for any
financial support of the organization,however,they are asking as for the use of certain City
facilities for meeting space. They have given us the following dates for use of Pelican
Community Center on January 15,2017 from 5:30 p.m.to 8:30 p.m. for a Holiday Party,and
February 9, 2017 at Samson Oceanfront Park for a festival from 6:30 p.m. to 8:30 p.m. If
this is approved by the Commission, they would work it out with Cultural and Community
Services Director Susan Simpson for these events. We are looking for direction from the
Commission on this. Just like the previous structure of their organization, they are a
501(c)(3) not for profit still, and whether or not they are asking for a waiver of fees
associated with that or just for the use of the building, that is what comes to mind initially
with this.
Public Speakers: Harvey Busch
Commissioner Aelion asked about the date of February 9,2017,regarding the completion of
Samson Park,are we going to have the ribbon cutting by that date? City Manager Russo said
he does not think so in terms of ribbon cutting but again we can still work with them on the
dates. Commissioner Aelion said he does not have an issue but he thinks that Harvey should
come before us and state the position of the organization regarding what the City Manager
voiced now with the extra fees that may or may not be incurred by the City regarding whether
it is security, or whatever.
Harvey Busch said the organization would very much appreciate the opportunity for these
two dates to use the facilities. The Vice Mayor was at one of our meetings today, and he
thinks she enjoyed it. We are doing as much as we can for the citizens of our City and it is
just to entertain them, and for their enjoyment. They really would appreciate anything the
Commission would allow them to do on those two particular dates where they have a special
show, a special band, and for a celebration.
Vice Mayor Gatto asked if we have to get over the 501(c)(3) before we can further this
discussion? City Manager Russo said he is just going by what our practice has been. There
are two things, we should have on file a record of their new status, perhaps an insurance
certificate, and the other item which is similar to what we have done with the Rabbi for
example, they will pay the out of pocket expenses that we have where in this case it is
custodial services, a staff person, an operations worker that needs to be on duty when
something is going on, and waive any costs for the use of the facility.
Commissioner Aelion said what he wanted to suggest is, in light of the fact that most if not
all of the seniors who are participating in the program when the City was actually monetarily
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
appropriate for these two particular events at least for us to absorb any costs that would be
incurred because the City would have to lay out costs for policing, safety,or other needs. If
we are going forward, if the public venues of the City are going to be sought by the
organization,then we will come up with a formula like the City Manager just stated then we
would have to take into consideration some out of pocket costs that the organization may
have to pay if this goes on a regular basis.
Commissioner Levin said she is okay with that,and Vice Mayor Gatto said she does not have
a problem with any of this as long as we get over the legalities of what we need to do. City
Attorney Ottinot said the Commission can give the City Manager a directive to work with the
Social Seniors. City Manager Russo said work with them on these two events and we can
come back in writing with the procedure which again would be similar to what we have done
in the past.
City Attorney Ottinot said the Commission can make a motion directing the City Manager to
work with the Social Seniors Organization relating to scheduled events and also the issues
that the City Manager had discussed with respect to trying to make sure that, and
Commissioner Aelion said the legal issue,and City Attorney Ottinot said and the funding for
in-kind service. Commissioner Aelion said it is also understood in the motion that these two
events are going to be, and City Manager Russo said yes, we should memorialize it and
following our practice we will bring it back at the next meeting as a Resolution as a
contribution for these two events and what we are going to do. Deputy City Clerk Betancur
said just to confirm the motion, it is to direct the City Manager to work with the Social
Seniors for event dates and to provide in-kind services? City Attorney Ottinot said basically
to negotiate certain costs for in-kind services.
Commissioner Aelion moved a motion directing the City Manager to work with the
Social Seniors Organization relating to scheduled events and costs for in-kind services.
The motion was approved by a voice vote of 4-0-1 [Mayor Scholl absent] in favor.
12. DISCUSSION ITEMS
12A. Add-On:
A Discussion regarding Ocean III Extended Hours for Construction Activities.
Action:[City Clerk's Note: See additional action under Item 4A.J Michael Clark,Esq.said
he is here on behalf of the Ocean III Condominium Association. They are here tonight
because Ocean III is suffering from a development directly to its north which is being
developed by RDR Seashore LLC. The development is called Residences at Amani Casa.
The General Contractor for the project is Coastal. The problem that the Ocean III residents
are having is that for the past 6 to 8 months essentially Coastal has requested extended
construction hours for all days that it does work,and those extensions have been in almost all
circumstances approved. The construction itself is a necessary evil here in South Florida,
development drives us in some respects,and he is a construction lawyer by trade. But these
extended hours shouldn't be imposed upon the Ocean III residences. They do have a copy of
the relevant Code sections,and he passed them out to the Commission. The Code prescribes
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when construction activities that cause noise can take place,and it is set forth in Section 193-
6 it provides construction 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to
5:00 p.m. on Friday,and 9:00 a.m.to 5:00 p.m.on Saturday. That is fine,and the Code also
provides when extensions can be granted, and that is in Section 193-8. The touch stone of
when an extension can be granted is when there is no reasonable alternative. There are some
construction activities that require extensions that require additional time to perform. But in
this case they have asked for extra time every day for the past seven(7)months. There's not
been every day for seven months worth of activities that need extra time. We hope that you
agree that activities that cannot be completed in a day doesn't render them no reasonable
alternative, in fact recently the contractor asked for an extension and citing no reasonable
alternatives they said"rejection of request will require Coastal to perform mass foundation
operations for a longer period of time at additional cost to itself and the property owner." It
is not that there is no reasonable alternative,it is that they want to save money,but it can't be
to the detriment of the residences of Sunny Isles Beach and that is exactly what is going on
here in this circumstance. The second out of the four prongs that has to be met in order for
an extension to be provided is that there will be a unique hardship or practical difficulty but it
also has to be with no reasonable alternatives and more money isn't a unique hardship and it
is not a practical difficulty. Maybe units get sold for a little more, there are other measures
that can be taken. It is not a unique hardship,it is simply wanting to make more money. The
next thing, the prong of the Code that is absolutely on point with his client is that the
extension cannot cause a substantial or undue adverse impact upon the adjacent property.
People are trying to put their children to bed, people are being awoken early on Saturday
mornings, it is an adverse impact,and it is a substantial impact on our residents. He knows
that their residents have sent you emails complaining, and the residents shouldn't be
impacted in this way. To their knowledge, no assessment has been performed by anybody.
As to the adverse impact to Ocean III or other City of Sunny Isles Beach residents because he
has not seen any assessment in any application, all they do is simply say there will be no
adverse impact and so we should be able to just go ahead and go on with it. The last of the
four (4) prongs also which isn't met, is that it must be an activity of a temporary duration.
The Code is being abused,you all enacted this Code,or the Commission before you,and he
presumes you did it for the health and the wellbeing of the residents of the City. That is the
past,nothing can be done about the last seven months but since his firm became involved in
March,each time when we receive one of these requests we have objected to it. Irrespective
of their objection the request generally gets granted. Right now we understand there to be
three(3)pending and outstanding requests,there is one for Saturdays beginning this Saturday
through after Thanksgiving from 7:00 a.m. to 9:00 a.m. and 5:00 p.m. to 7:00 p.m. and so
they went two hours on each side of the day. They are asking for weekdays from Oct. 24
through Nov. 3 from 7:00 to 11:00 p.m. They want weekdays from Nov. 7 to November 30
and so for the balance of November from 6:30 p.m.to 10:30 p.m., again,the Code provides
for when an extension should be granted, and it is simply not being complied with. These
extended hours are negatively impacting the residents of Ocean III and other residents of the
City. So far, short of coming here tonight,we haven't been able to do anything about it. He
believes we were recently advised that they had asked for Sunday construction and that had
been denied, and for that we are grateful. They had asked for a Saturday extension and that
had been denied and since then reasserted six days later. We want to bring this to the
Commission's attention and that is primarily why he is here tonight. We ask that you all do
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whatever you can to ensure that the laws that you enacted are complied with rather than
abused.
Public Speakers: Michael Clark, Esq.; Michael Thomas, Esq.
Vice Mayor Gatto said requesting and then allowing it are two different things, and she is
under the impression that we approved maybe six (6) extensions out of seventeen(17)that
were asked,is that correct? City Manager Russo said yes it is but he would have Deputy City
Manager Stan Morris who is handling this whole issue with the City Attorney's Office,this
year as it relates to the Amani Casa project, and so he would direct any questions to him.
Vice Mayor Gatto said okay she just doesn't want to paint a picture that we are not cognizant
of what is going on,we don't care what is going on. And then we did reduce Saturdays and
Sundays. Mr. Clark said he appreciates that and if his information is poor he apologizes, in
some instances it has been not so easy to get information. He understands that the
Commission recently enacted an Ordinance pursuant to which we are to be told by the
Applicant, and Vice Mayor Gatto said that was the second point she was going to bring up.
Mr. Clark said they are not getting noticed and all he is hearing from the people in the
building is that construction is going on when it is not supposed to be.
City Attorney Ottinot said the Applicant's Attorney is here so he can give his client's side of
the report. Michael Thomas,Esq.on behalf of RDR Seashore LLC said Vice Mayor Gatto is
absolutely correct on her numbers of seventeen (17) applications and only six (6) of them
approved,and so the City has been saying no more than they have been saying yes. He wants
to correct a couple of other things on the record. He has all the applications that they have
submitted to the City,all of them were accompanied by a requisite,copies of the prior notices
to the neighbors within 150 feet of our site,with return receipt requested copy attached to it,
so that we have complied with all the requirements, Ocean III has been given advanced
notice of all of these requests. We are in a situation where we have two(2)different property
owners with two (2) different property rights, we have a development Ordinance that has
been approved by the City,by the City Commission to build this building,and under the laws
of the State as well as the Ordinances of this City,one of those property rights that we enjoy
is the right to petition for relief from those work hours restrictions imposed under
circumstances, and to have that request reviewed by the City exercising good faith and
reasonable discretion and we believe the City has. In situations where it is appropriate to
grant the extension and the extension was granted,and in situations where they believe it was
inappropriate was denied. We are going to continue to make those requests if we believe it is
in the best interest of not just ourselves but also of all of the residents of the City of Sunny
Isles Beach whenever we can reduce congestion, reduce traffic, reduce risk of property
damage and not to just our site but also to the neighboring properties in situations that have
been the basis for our previous requests. As Mr. Clark says,construction requires overtime,
in contrary of his position overtime is not cheap, and it certainly is not free, and when we
work overtime hours and we ask people to stay to 11:00 at night. We ask our contractors to
work on Saturdays to minimize traffic if we have to excavate 22,000 cubic yards of fill and
then replace it with 22,000 cubic yards of concrete that is going to require more than a
thousand trucks. If we ask them to work overtime and with the City's permission to bring
that fill on and off the site, and the concrete to and from the site which was little impact to
the City as possible and to the residents as possible, we have to pay them to do that and it
certainly costs them money and so these requests for extensions are not to pay bonuses,they
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are not to build our building any quicker to increase profit, we do it when it is in the best
interest of the City and all the residents. We have worked very hard, we want to be good
neighbors,we are sympathetic to all of the Ocean III resident's concerns about construction,
we understand that it is noisy,we understand that it creates dust,we have been trying to work
with them since March 2015 to put an agreement in place to impose a whole host of
construction mitigation, process, and measures that would hopefully address some of their
concerns. Unfortunately for reasons we believe are out of our control,we are just not there
yet but hopefully we are there soon. We think that the Ocean III residents interests would be
better served if they paid a little more attention to us and see if we can come to a good
neighbor agreement and then we will promote a more harmonious relationship going forward
and hopefully eliminate some of the emails that are clogging your inboxes.
Vice Mayor Gatto said she is not going to let him off the hook easily because there are some
residents from Golden Shores that have been complaining that trucks are running through the
neighborhood and parking there,and Golden Shores is this little enclave,no sidewalks there,
a lot of people walking the street, walk their dogs, a cute little neighborhood with mostly
single-family homes. And so there is a halo effect of disturbance that is going on with this
construction site. She just wanted to put it out there because she has been receiving a lot of
complaints from the Golden Shores folks as well. Mr. Thomas said he appreciates that and
he will bring it to the attention of their general contractor immediately.
Commissioner Goldman said when this issue first arose when the Commission first started to
get bombarded with correspondence and with emails, she specifically requested the City
Manager if in similar municipalities whether or not these types of requests are ever granted
by the Commission or if they are more of a staff and an administrative level, and un-
equivalently the City responded that this is a staff issue not a Commission issue. The
Commission really does not set hours,and again as a practicing attorney where she has had a
similar client and a similar situation where she represented a unit owner controlled
association against a very large and reputable developer, she has to say that, and while she
respects the concerns of the residents, she certainly never advised her client to throw hand
grenades at the Commission. She feels that we have been really in some ways unfairly
bombarded with these types of certified letters and correspondence by the law firm and so
forth when in fact these are decisions that are best left to staff and administrative level. So
there is really a way to work this out amicably. We as the Commissioners set policy,we do
not get bogged into this type of issue which is more at the level of staff in connection with
the expertise of the Building Official. We don't really make those determinations,so to kind
of rope us into the middle of this discussion is a little bit unfair to us. There is a way to
handle it is what she is saying. In fact when she advises clients she would not interpose the
Commission in the middle of this type of a discussion when in fact we really have nothing to
do with those hours.
Mr. Clark said he appreciates that and he apologizes if you feel as if we have been
bombarding you with hand grenades, that has not been their intent. But, when the policies
and the Codes that you have enacted,are not being complied with. Commissioner Goldman
said the Code is very clear that this is a staff decision about overtime. She gave a
hypothetical, is the time extension issue the only issue your client has with this in the
equation with the developer and the construction company? Let's say if all the hours were
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Summary Minutes:Regular City Commission Meeting October 20,2016 City of Sunny Isles Beach,Florida
taken off the table and they granted you every request is that the only thing that is really here,
or are there other issues? Mr.Clark said there are,as Mr. Thomas intimated,there have been
discussions between the Association and the developer in order to reach a good neighbor
agreement. Commissioner Goldman asked then why are you interposing the Commission by
putting them in the middle when you exact array of other issues and decisions? Mr. Clark
said because this is not the subject of that, this is apart from that. Commissioner Goldman
said so let's put that aside,that is a staff issue. Is that the only reason why you are up in front
of us? Mr. Clark said this is about the hours. Commissioner Goldman said this is a staff
determination. Mr. Clark said it is a staff determination that we don't feel that the staff has
dealt with appropriately. Commissioner Goldman said it is not within the purview of the
Commission. Mr. Clark said so the Commission passes the laws and then it is powerless if
the staff is not enforcing it. Commissioner Goldman said we are not powerless, we don't
have the expertise. We are relying on the Building Officials and our Chief Building
Inspector has 35 years of experience. We are not out there making inspections on a daily
basis, we are not out there approving those determinations, isn't that really more of a
function at the staff level. She knows when she had a client during that construction in the
south beach area, we told our client to go to staff, work it out behind the scenes. Mr. Clark
said we have tried that,there have been meetings,there have been requests,there have been
complaints, we have tried all of those things. At the point when the residents try all the
things at some point they want to turn to the elected officials and say help,and that is where
they are. Commissioner Goldman said it is not a decision for the elected officials.
Vice Mayor Gatto said what she thinks the Commissioner is saying is we bounce it back to
staff but she would like to answer that. First the emails are coming to her private aol
account, she has no idea how he got her private aol email, The second thing is that she got
an envelope a couple of days ago and when she opened it she thought she was getting sued
with this giant legal document certified letter, it is a little bit heavy handed and you have to
understand that we bounce it right back to staff again. We rely on staff to help us with these
kinds of issues. We set the policy but technically at some point it is out of our hands because
we are not the experts. Mr. Clark said first of all as to your aol address, he is the one who
typed the addresses onto the letter that his assistant sent. He did not have many of the
Commissioners addresses,for all of them he used the first initial,the last name,and then the
City's domain, he has no idea how it went to aol. Vice Mayor Gatto said she is getting it in
two places, the City and her private email, she just wanted to bring it to your attention.
Commissioner Goldman asked why certified letters, and the City Attorney has repeatedly
told you to bring it to staff,stop involving everybody. City Attorney Ottinot said he thinks it
is appropriate now to let Deputy City Manager Morris speak on the process, and some
communications.
Commissioner Aelion said he wants to say a few words first,he does not know if in the past
your firm was retained for similar issues within our City but as you may have learned if you
don't know already,our City from its inception back in 1997 has had basically a tremendous
infrastructure urbanization process where buildings were being erected year after year. So
this issue has come before the Commission in the past, issues of noise and so forth, tests
were done also sometimes to evaluate the level of noise vis-à-vis the allowed level of noise,
and in many cases it was found that noise that was propagated by traffic is similar or even
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higher than the noise that is being challenged as far as a disturbance nuisance. He agrees
with his colleagues that it is very improper to send certified mail unless there is a very
serious issue that is almost imminent of legal action and so forth. Just to get the attention of
the Commission, there are proper venues without having to be threatening because any
certified mail unless it is an IOU of a bill payment or something he thinks it sounds
threatening and he agrees with his colleagues. To summarize, staff is very cognizant and
very sensitive to the needs of our community, they would never accept just because the
developer is coming to our City and we are looking at down the road tax benefits,so we are a
carte blanche behavior entity, no, we are far from that. We are very cognizant,we are very
conscious,in fact six(6)out of seventeen(17)is something that shows and speaks for itself,
and we will continue to behave in the similar fashion going forward as an organization and
our staff will oblige going forward. So you have to go back to the residents in his opinion
and to calm them and to basically explain to them that only under,and you are a construction
lawyer so you are very well equipped to be able to explain to them the necessity that a
construction process has and the need that course when extended hours are sought and this is
not something that is done in any way just to have monetary gain at the end of it. That is the
atmosphere of which he thinks going forward they should be seen and addressed.
Deputy City Manager Stan Morris said he can respond to a lot of the comments that were
made, in terms of our responsiveness to the residents we have really gone out of our way to
hear from the residents of Ocean III and the records will show that out of the seventeen(17)
requests we have denied eleven (11) of those requests for extended hours including some
recent requests that were made. He has been in numerous meetings with the Building
Official, the City Attorney, the City Manager, a lot of the developers, the Construction
Managers, and we carefully review every request that we get for extended hours with the
Building Official including looking at the plans and the need for those. So we carefully
consider them and as a matter of fact, our recent Code revision that we presented to the
Commission concerning extended hours was in response to a lot of the complaints we
received from the residents requiring some additional notification and so he feels in this case
we have really gone above and beyond in trying to hear from the residents and respond to
them. Mr.Clark said we appreciate that but to the extent that we are not being complied with
we just don't know where to turn.
Commissioner Goldman said again, she wants to absolutely concur with her colleague
Commissioner Aelion to us here on the dais, you really need to work it out with your
neighbors. This is all about working it out, while we have plenty of compassion for the
needs of the residents in all respects,if this is really best worked out with your neighbors,the
other property owners, this is a balancing act, not to throw the Commission into it.
Commissioner Levin said initially a few months ago we started getting some emails and she
attempted to respond to one, and then all of a sudden it started to snowball, and so it has
probably already been cleared up for the record but she does not want the residents to think,
and perhaps she is speaking on behalf of everybody since they have all made the same
comment,she is not responding to each individual email that she gets because she thinks it is
inappropriate for her to do it. It needs to be centralized because we are all being copied on it
so we shouldn't all be responding giving separate responses, and so she does not want the
residents to think that she does not care, and that is why she has not been responding, it is
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because we have been forwarding it to staff to deal with. She too is an attorney,and she was
a little shocked when she got the certified letters because we are represented by Counsel,and
as a practicing attorney if she has to send a certified letter, she sends it to the attorney, and
she does not copy their client. So she felt that is not the way she practices law, and maybe
you look at it differently because we are a government entity.
Commissioner Levin said another question she has,when developers come to us initially for
the site plan approval, one of the questions we always ask is have you talked to the
neighbors, and the neighbors have an opportunity to come and speak, and so her question is
they knew this project was going to be constructed and that construction has its negative
impacts on the surrounding areas, and she understands that you are concerned about the
extended construction hours and the staff has been dealing with it. But she remembers
initially seeing an email that they were complaining about the dust and maybe that is what
Commissioner Goldman was getting at, is it just the hours or are they nitpicking over
everything because there are some of the reasons that they are doing so that if they got
everything that they wanted with regard to hours,are they going to go away or are they going
to start complaining about something else. That is it,do we have a bucket of things here that
we are dealing with?
Mr. Clark said he thinks that many of the things are within the Ordinances and they are
operating within the Ordinance and for those he would counsel them to come here. Speaking
to Commissioner Goldman's point,we are all about working things out with our neighbors,
we have been trying to work those things out that we can but he doesn't necessarily think it
would even be appropriate for us to work out with our neighbors an agreement pursuant to
which we say you guys can go ahead and violate the Code, he does not think that is their
place. So that is something that we can't work out with our neighbors,everything else there
have been quite productive discussions between the neighbors,that is number one. Number
two, this whole certified mail issue,he never thought of it as that aggressive, it is simply to
ensure that something is received.
Commissioner Goldman said in terms of a Code violation occurred,she takes issue with that,
she thinks Mr. Clark is speaking way out of turn. Mr. Clark said to the extent that we don't
believe that the, and Commissioner Goldman said you don't believe but that is your
interpretation, there is no violation of the Code here. Mr. Clark said then so there are no
reasonable alternatives when they could stop the equipment and come back the next day,that
is not a reasonable alternative? City Attorney Ottinot said to Mr. Clark that you are hearing
again, you know there is a well established flow about the discretion that the City Manager
has and for these requests. City Attorney Ottinot said that he has advised you and others
from your firm. You look at the numbers,the numbers speak for themselves seventeen(17)
requests and only six(6)out of seventeen(17)were approved,and that is reasonable. Do not
argue that it is unreasonable, if you had a legal basis to challenge us on that, we would be
downtown but you are not downtown because he does not think you have a legal basis, and
so the issue that we have is basically work with the City Manager,work with the Deputy City
Manager when you file your complaint,they will review it. You don't have the expertise as
our Building Official has in making those decisions, and so we can set here all day arguing
about this but from his opinion, from a legal perspective, we are complying with our Code,
we are consistent with our Code. We have met numerous times, at least two(2)or three(3)
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times with lawyers from your firm, condo association board members, at one point we had
both parties in the room, and his assumption was it was in place because we didn't get their
emails for at least a month,then whatever happened after that,the emails started again. He
knows there has been some dialogue between your firm and the developers firm,so the issue
on the extended hours from a legal perspective are in compliance. If you disagree
intellectually with our decision, then that is a different issue.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Caroline Mathews regarding a Discussion on the Four (4) Water Meter Covers on
Atlantic Avenue at 182"d Street.
Action: Ms.Mathews said they were fixed beautifully after her last complaint,however,one
of them fell and so it is about an inch and a half into the ground. Their response to this was
to flip the cover over which makes it more dangerous because the cover has rivets in it, so
not only when people land on it, it moves, but ladies in high heels get caught in the track.
Commissioner Levin asked if it is was by the school? Ms.Mathews said on Atlantic Avenue
and 182"d Street, there are four (4) in a row. City Manager Russo asked if it is on the
sidewalk in back of the shopping center across from the school? Ms.Mathews said yes. City
Manager Russo said he walked past there a few weeks ago and it was okay when he saw it.
Ms. Mathews said she was just there before the meeting,and it is flipped over and that means
it wasn't either secured or, even though it is flipped over it is still sunk into the ground, it is
dangerous. There are children, there are women with heels, and it needs to be fixed. City
Manager Russo said he would have it checked.
Commissioner Levin said she was actually over there a couple of years ago right before a big
event at the school,and one of those covers was broken, is there something about what they
are made of that they just break? Ms. Mathews said she thinks this is one of the problems,
because they are not secured to the ground in some way where they don't move when they
are stepped on, that is what causes them to break, and that is what causes the danger.
14. ADJOURNMENT
Commissioner Aelion moved and Commissio - evin seconded to adjourn the meeting,and
Vice Mayor Gatto adjourned it at 7:56 p.m.
Respectfully submitted by: App •ved oy the City Commission on Nov. 17, 2016
_ 4 ,. - v.
Jane A. Hin- , MMC, City Clerk George . . Scholl, Mayor
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