HomeMy WebLinkAbout2016-1117 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, November 17, 2016, 6:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Scholl at 6:30 p.m. with the following officials
present:
Mayor George "Bud" Scholl City Manager Christopher J. Russo
Vice Mayor Jeanette Gatto City Attorney Hans Ottinot
Commissioner Isaac Aelion City Clerk Jane A. Hines, MMC
Commissioner Dana Goldman Deputy City Manager Stan Morris
Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Planning and Zoning Director Claudia Hasbun led the Pledge of Allegiance to the
flae. and Police Chief Fred Maas eave the invocation.
Mayor Scholl gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting—3`d Budget Hearing - October 20, 2016.
Action: Commissioner Aelion moved and Commissioner Goldman seconded a motion to
approve the above mentioned Summary Minutes. The motion was approved by a voice
vote of 5-0 in favor.
3B. Regular City Commission Meeting—October 20, 2016.
Action: Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of
5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items. Hear Item 10A. General Election Results, after Item 3B;
Withdrawn: Item 10B. Donation to City.
Action: Mayor Scholl noted the above changes to the agenda.
Commissioner Aelion moved and Vice Mayor Gatto 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 November 17,2016 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
5A. A Presentation to Winners of the Sunny Isles Beach Photo Contest for the City's 2017
Calendar.
Action: Cultural and Community Services Director Susan Simpson said Alayne Yeash who
normally presents this is on vacation. She said the competition for the 2017 desktop
calendar had 49 photographers contributing, which is a record. This year's calendar
commemorated the City's 20'h year of incorporation. Many fine shots did not make the final
cut as there were only 17 spots to fill, the runner-up shots however will be used in such
places as the quarterly Living Magazine, the monthly Islander, the City's Website, and in
various marketing articles or ads.
Ms. Simpson gave a PowerPoint Presentation of the 2017 Calendar. As she announced the
winners, Senior Office Assistant Luz Rey presented them each with a blue etched glass
plaque and a gift bag of calendars. The winning photographers are as follows: Mykola
Khodorovskyi; Harry Frahm; Smadar Sasson; Sonny Sabatto; Beatrix Csinger; Ekaterina
Khramova; Laura Carrier; Deborah Newport; Guillermo Levain; Leonardo Escobar; Guido
Prado; Rafael Gonzalez;and Miriam Poletto. Ms. Simpson said she would get the awards to
those who were not here tonight.
5B. A Presentation by Elizabeth Ellis of AEA Consulting regarding the Final Draft of the Sunny
Isles Beach Cultural Master Plan.
Action: [City Clerk's Note: See additional action under the related Add-On Item 100.]
Mayor Scholl said we have been working a long time on this, and Elizabeth Ellis of the
Consulting firm is here tonight to present the final draft of the Cultural Master Plan. He
noted that former Mayor Norman S. Edelcup and Lynn Dannheiser, Esq. are also here.
Public Speakers: Elizabeth Ellis
Ms. Ellis presented the Cultural Master Plan, and noted that the full plan was presented last
month at a Workshop. She went over the changes, the drive behind it, and the vision. We
did the plan because there was a sense that arts and culture could do more of a bonding here
in Sunny Isles Beach. If we could leverage that it would bring a lot of benefits to the
• Community. The following is the Vision Statement: Arts and cultural programming will
enhance Sunny Isles Beach as a livable, family-friendly, vibrant, and creative community.
Through a high-quality, accessible, year-round portfolio of attractive cultural programs, we
will expand participation in the arts across our diverse residents, improving the quality of life
in our City. Arts and cultural programming will animate and celebrate our unique landscape
and public spaces, enhance our City's profile, and forge stronger bonds within our
community. The goals are: bridge and bond the community through inclusive and accessible
flagship events; leverage arts and culture for creative place-making; focus on families and
children in cultural programming; expand upon existing successful programs; and support
arts and culture with required infrastructure. Since last month, we added more detail, we
included some government and management problems that was referred to for the Arts in
Public Places Program,we wrote some new job descriptions for two recommended positions,
a full time Public Arts Program Manager and a part-time Music Program Manager, and we
did some research on fund raising.
Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
Mayor Scholl said we appreciate all the work done on this, and the Commission agreed. He
guarantees this plan will be acted on and not just put in a drawer like so many plans are,and
he thanked Ms. Ellis and her team. The Mayor and City Commission accepted the final draft
of the Cultural Master Plan.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Pool Gazebos—Galina Gorokhovsky("Applicant")for the Property Located
at 321 191 Street, for the Following: (Hearing 4PZ2016-11)
Summary:
The Applicant, an owner of the single-family house, is seeking approval of two variances
for gazebos. Variance No. 1 is a request to increase the allowable gazebo square footage
from 150 square feet to 298 square feet and Variance No. 2 is a request of a setback
variance to have zero feet from the rear property line where six feet is required.
Requests:
1. Pursuant to Sections 265-45 and 265-15 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a variance for an increase in
maximum allowed gazebo square footage from 150 square feet to 298 square feet.
2. Pursuant to Sections 265-45 and 265-15 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a rear setback variance of zero
feet from the property line, where six feet is required.
Protests 0 Waivers 0 Ex Parte 2
Action: Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk
Hines read a disclaimer for the Zoning hearing,and administered the oath to witnesses. City
Attorney Ottinot asked if there were any Ex Parte disclosures,and Commissioner Levin and
Commissioner Goldman said they each had spoken to Ms. Gorokhovsky about the
.Application. Planning and Zoning Director Claudia Hasbun reported that this Application is
for two variances for gazebos as she is improving her backyard at a single-family home. The
Applicant, Galina Gorokhovsky, is requesting to increase the allowable gazebo square
footage from 150 square feet to 298 square feet, and a setback variance to have zero feet
from the rear property line where six (6) feet is required.
Public Speakers: Galina Gorokhovsky; Roure Marius; Dawn Spillane; Nadeen Spillane
The Applicant Galina Gorokhovsky described the improvement project noting two of the three
gazebos have already been approved by the City. She is requesting the variances so she can
have privacy, and none of the work will affect anyone adversely. Ms. Hasbun noted that the
two gazebos were already there but they had to be bundled together because they would
exceed the setback requirements. There is a concrete wall that goes around the property.
Some of the neighbors spoke and said they are opposed to this project as they would lose their
privacy, and/or set a precedent.
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Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
The Commission were favorable of the project. Mayor Scholl said he disagrees with his
colleagues on this one, this is a beautiful plan but frankly the Code provides for a base site
plan, and this is an add-on and he doesn't feel any variance should be issued.
Commissioner Levin moved and Vice Mayor Gatto seconded a motion for approval,subject
to staff conditions. Resolution No. 16-Z-160 was adopted by a roll call vote of 4-1
(Mayor Scholl against) in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman ves
Commissioner Levin yes
Vice Mayor Gatto
Mayor Scholl no
7. ORDINANCES FOR FIRST READING
None
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 265 "Zoning" Section 265-46 of the City Code to Include Parallel and Angular
Parking Regulations; Providing for Severability; Providing for Inclusion in the Code;
Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date.
(First Reading 10/20/16)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
Ordinance on second reading. Ordinance No. 2016-490 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman ves
Commissioner Levin yes
Vice Mayor Gatto ves
Mayor Scholl ves
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Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting
the Results of the General Election Which Was Held on Tuesday, November 8, 2016,
Declaring Larisa Svechin to be Elected as Commissioner, Seat 1; Declaring Dana
Goldman to be Elected as Commissioner,Seat 3; Discharging the Canvassing Board for
Run-Off Election; Installation of New Officers; Providing for an Effective Date.
Action: City Clerk Hines read the title, and reported noting that the new officials will be
installed tonight, however,their official term begins on December 8,2016(30 days after the
General Election). City Clerk Hines installed Dana Goldman and Larisa Svechin as City
Commissioners.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2622 was adopted by a voice vote of 5-0 in favor.
10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,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.
(Deferred on 10/20/16)
Action: [City Clerks'Note: See additional action under Item 4A.] Withdrawn.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Fourth Amendment to the Agreement with R.J. Behar& Company,Inc.to Provide
Additional Engineering and Architectural Services for Improvements at the Samson
Oceanfront Park Related to Site Lighting Modifications and FDEP Permit
Procurement, in an Amount Not to Exceed $82,550.00, 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: City Clerk Hines read the title, and Capital Projects Manager Elka Linton-Dorsett
reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2623 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
IOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Purchase of Unleaded Fuel Using the Wright Express Financial Services Corporation
Fuel Card Program in Accordance with State of Florida Contract #973-163-10-1-A2,
Attached Hereto as Exhibit"A";Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Superintendent Robert
Williamson reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2624 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 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, in Substantially the Same Form 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.
(Deferred on 10/20/16)
Action: City Clerk Hines read the title, and Planning and Zoning Director Claudia Hasbun
reported this is the project along Collins Avenue.
•
Public Speakers: None
Commissioner Aelion said when Lukes' painted the medians, sometimes he latched one to
the other without the original welding, some are loose,and their height is not continued. City
Manager Russo said we are going over the entire area to restore it, section by section.
Commissioner Levin moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2625 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,Amending
Resolution No. 15-Z-150 to Extend the Time Period to Obtain a Building Permit by
TDR Towers Master Association, Inc. (the "Applicant") for the Project Entitled
"Trump Towers I, II & III Parking Extension" Located at 15811, 15901, and 16001
Collins Avenue, in Accordance with Section 265-11 (L)of the City Code;Authorizing the
City Manager and the City Attorney to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Director Claudia Hasbun
reported noting the extension is for one year, from February 19, 2017 to February 19,2018.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2626 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Confirming
the Balance of Transfer of Development Rights ("TDRs") Currently Held in the TDR
Bank Accounts by the City of Sunny Isles Beach and Private Owners,Attached Hereto
as Exhibit "A"; Requiring Yearly Updates for TDR Bank Accounts; Providing the City
Manager with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Director Claudia Hasbun
reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2627 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984,and
in Accordance with Section 932.7055, F.S.,to Expend Partial Forfeiture Funds from the
Department of Justice (DOJ) for the Purchase of a New Police Dispatch Console, Media
Storage Cabinets and Furniture for the Police Communications Center, One (1) Police K9
(Dog)and All Necessary K9 Training, One(1)Additional Security CCTV Camera Installed
on the Pier, in an Amount Not to Exceed $67,526.81; Providing for an Effective Date
Action: [City Clerk's Note: Item 10H was heard with related Item 101] City Clerk Hines
read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2628 was adopted by a voice vote of 5-0 in favor.
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Purchase of a New Dispatch Console, Media Cabinet and Furniture for the Police
Dispatch Center,in an Amount Not to Exceed$35,005.50,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 101 was heard with related Item 10H.J City Clerk Hines
read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2629 was adopted by a voice vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Renewal of the Mutual Aid and Joint Declaration Agreement between the City and
the City of Aventura, 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: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2630 was adopted by a voice vote of 5-0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the
Agreement with Miami Christmas Lights to Install Holiday Lights and Decorations at
Heritage Park and Other Related Services,in a Total Amount Not to Exceed$195,000.00
for the Duration of Three (3) Years, Attached Hereto as Exhibit "A"; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported.
• Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2016-2631 was adopted by a voice vote of 5-0 in favor.
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Ratifying a
Payment to Atlantic Broadband for Placement of New Underground Communication
Lines for the Sole on the Ocean Hotel and Chateau Beach Residences from 17275-17555
Collins Avenue, in an Amount Not to Exceed$62,095.00; 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 Russo reported noting this will be
coming out of the funds collected from these two entities.
Public Speakers: None
Commissioner Goldman moved and Commissioner Levin seconded a motion to approve
the resolution. Resolution No. 2016-2632 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
an Agreement with the State of Florida, Office of the State Attorney for the Eleventh
Judicial Circuit of Florida to Reimburse the State for the Cost of State Attorney
Prosecution of Certain Criminal Violations of the Code of the City of Sunny Isles
Beach;Authorizing the Mayor to Execute Said Agreement;Providing the City Manager and
City Attorney with the Authority to Do All Things Necessary to Effectuate the Intent of this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2633 was adopted by a voice vote of 5-0 in favor.
ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 16-09-03 for Event Rides Rental to, and Authorizing the City Manager to
Negotiate and Enter into an Agreement with The Celebration Source, Inc., Provided
Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney;
Authorizing the City Manager and the City Attorney to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported noting this will be a three-year contract.
Public Speakers: None
Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve
the resolution. Resolution No. 2016-2634 was adopted by a voice vote of 5-0 in favor.
100. Add-On:
Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the
Sunny Isles Beach Cultural Master Plan as Created by AEA Consulting,LLC,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:See additional action under related Item 5B.]Elizabeth Ellis of
AEA Consulting presented the final draft of the Cultural Master Plan.
Public Speakers: Elizabeth Ellis
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2016-2635 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
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Summary Minutes:Regular City Commission Meeting November 17,2016 City of Sunny Isles Beach,Florida
12. DISCUSSION ITEMS
12A. Commissioner Goldman said she wanted to thank and acknowledge everyone, her family
and the residents for getting out to vote. She met hundreds of people and she has a list and
will go forward fulfilling that list to make Sunny Isles Beach an even better community.
12B. Commissioner Levin thanked everyone, she has had a wonderful time the last four(4)years
serving the residents of Sunny Isles Beach. It was a wonderful opportunity and a real
privilege to be able to serve as an public official. She knows the City is in good hands with
the Commission and City staff and everybody is very committed to the job of making Sunny
Isles Beach an even better place than it is and to keep it as a world class City. Thank you to
everyone and she will still be around.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to adjourn the
meeting, and Mayor Scholl adjourned it at 7:40
Respectfullysubmitted by: Appro -d by the 'ity Commission on Dec. 15, 2016
L24,".4_2‘
Jane A. Hines, MMC, City Clerk George H. .choll, Mayor
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