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HomeMy WebLinkAbout2011-0120 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, January 20, 2011, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL; OF MEMBERS The meeting was called to order byraYOr Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Acting City Manager Jorge L. Vera Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot Commissioner Isaac Aelion City Clerk Jane A. Hines, CMC Commissioner Jeanette Gatto Assistant City Attorney Fernando Amuchastegui Commissioner George "Bud" Scholl 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Gloria Taft led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation, and called for a moment of silence in memory of those who lost their lives and those recovering from the tragedy in Tucson, Arizona on January 8, 2011, and for the two Miami Police Officers who were killed in the line of duty today. Mayor Ede1cup gave opening remarks of decorum, and welcomed newly elected Commissioner Isaac Aelion. He also recognized three former Commissioners who were in the audience: Danny Iglesias, Roslyn Brezin, and Gerry Goodman. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - December 16,2010. Action: Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Add-On Item: Item lOR. Parking License Agreement with Epicure;. Action: Mayor Edelcup noted the above change to the agenda. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the above change to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Annual Report on the "State of the City" by Mayor Norman S. Edelcup. Action: Mayor Edelcup read the State of the City Address, noting that this is the eighth time he will be doing this. He noted that the City continues to be very secure and financially strong. 5B. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 2009/20l0. Action: [City Clerk's Note: Two handouts were distributed: a booklet entitled "The Quick Guide to Local Government Financial Statements ", and a pamphlet of Financial Highlights for the Year Ended September 30, 2010.] Assistant City Manager Shah presented Fiscal Year 2009/2010 Audited Financial Statements with a clean opinion. She introduced Cindy Calvert, the partner on engagement from the firm of Keefe, McCullough & Co. LLP, who provided the Commission with a brief presentation of the City's Financials. She noted that the Finance Department decided to submit an application to the Government Finance Officers' Association for a Certificate of Achievement for Excellence in Financial Reporting Award for this year's Financial Statements. This award is not easy to get on your first attempt but she feels that the City has a good chance of receiving it for 2010. Mayor Edelcup on behalf of the Commission thanked Ms. Calvert and internal staff for delivering the Audit very timely, it has been a number of years since we got the Audit completed early. He also noted that they found significant adjustments that needed to be worked on or any deficiencies that needed to be cured, and so that too was good news. 5C. A Proclamation Declaring the Martin Luther King, Jr. Holiday, as a "Day of Service" in the City of Sunny Isles Beach. Action: Mayor Edelcup noted no one was in the audience to accept the Proclamation, and suggested that the Commission approve the Proclamation as submitted. Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the Proclamation as submitted. The motion was approved by a voice vote of 5-0 in favor. 5D. Add-On: A Certificate of Appreciation to be Presented to Janet Cini for her many accomplishments to the City of Sunny Isles Beach. Action: Mayor Ede1cup surprised Janet Cini with a Certificate of Appreciation and a City of Sunny Isles Beach Wrist Watch, and Ms. Cini thanked the Commission. 6. ZONING None 2 Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach to Authorize the City to Have Towed and to Impound Vehicles Unlawfully Displayed for Sale, Hire, or Rental; Providing for Penalties and Enforcement; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this Ordinance authorizes the City to remove vehicles that are parked in public areas for the purpose of displaying the vehicles for sale. Public Speakers: None Mayor Ede1cup asked if this also covers private property, and City Attorney Ottinot said it excludes private property, if they have permission from the property owner, they can display their vehicle. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Wednesday, February 23, 2011, at 6:30 p.m. V ote: Commissioner Aelion yes Commissioner Gatto ~ Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup ~ 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None lO. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Appointing Jorge Vera as "Acting City Manager" Pending the Appointment of a Permanent City Manager by the City Commission; Providing the Mayor and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk Note: See action under Add-On Item J 2D re: Police Chief Fred Maas.] City Clerk Hines read the title, and Mayor Edelcup reported noting that City Manager Rick Conner is retiring at the end of the month, and that the City is in need of an interim City Manager. He said that Assistant City Manager Vera is qualified, able and willing to serve as 3 Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida Acting City Manager, and noted that a merit bonus would be given to him upon the completion of service. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-l659 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing an Additional $20,000.00 to Utilize the Services of Colin Baenziger and Associates, Inc. to Conduct a City Manager Search; 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 Mayor Edelcup reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-l660 was adopted by a voice vote of 5-0 in favor. lOC. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the Purchase of Unleaded Fuel Using the Wright Express Financial Services Corporation Fuel Card Program, Attached Hereto as Exhibit "A", Piggybacking from State of Florida Contract #973-163-10-1; Authorizing the City Manager or Designee to Execute Said Agreement and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager MinaI Shah reported, noting that this agreement will offer flexibility of using local gas stations within City limits, and recognize a savings of 8.5 cents on the gallon, which would have been a $6,000 savings in the prior year. Wright Express serves 8,500 gas stations in Florida, two of which happen to be right next door to Government Center. Public Speakers: None Mayor Ede1cup said that this will save time as well because rather than drive all the way over to the County station, a good half hour or more away, and will be more efficient use of the driver's time. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-l66l was adopted by a voice vote of 5-0 in favor. lOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Macmillan Oil Company of Florida, Inc., for the Purchase of Diesel Fuel for the 2,000-Gallon Above Ground Tank Located on the Southwest Portion of Government Center, in an Amount Not to Exceed $65,000.00 Annually; Piggybacking from Miami-Dade County RFP No. 683; Authorizing the Mayor to Execute Said Agreement; 4 Summary Minutes: Regular City Commission Meeting January 20, 20 II City of Sunny Isles Beach, Florida Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Minai Shah reported noting that we expect to save between $600 and $1,000. The diesel fuel is used for the community buses and the street sweeper, the higher capacity vehicles. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-l662 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Office Depot and with Staples for the Purchase of Office Supplies, in an Amount Not to Exceed $70,000.00 Annually for Each Agreement, Piggybacking from State of Florida Department of Management Services Contract ITN No. 618-001-10-1; Authorizing the Mayor to Execute Said Agreements; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Minai Shah reported noting that based on the evaluation it was decided it would serve the City best by using both Office Depot and Staples based on categories of products, recognizing a savings of about 30% which is valued at about $24,000. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-l663 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup asked Assistant City Manager Shah to introduce the Purchasing Agent, Marc Tulloch. Mayor Ede1cup welcomed him and thanked him for his work in saving the City money, and with his watchful eye, we will continue to realize more savings as time goes on. lOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2010-1600 Establishing a Schedule for City Commission Meetings for Calendar Year 2011 by Changing the February l7, 2011 Meeting to Wednesday, February 23, 2011; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup noted that one of the Commissioners had a conflict. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-l664 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of RFP No. 1 O-ll-O 1 to and Entering into an Agreement with SFM Service, Inc. for Landscape Maintenance Services, in an Amount Not to Exceed $580,000.00 5 Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida Annually, in Substantially the Same Form as Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Attachment "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported noting that we have come to the end of our partnership with Lukes' Landscaping, and we sent out an RFP for a landscape service vendor. SFM Service was one of the lowest bidders overall, which shows $1.3 Million overall, however, we are procuring services from SFM depending on the need. Once Lukes' comes off their contract, we have to go out and do a City-sweep, and in the event that we have to do upgrades to certain irrigation systems, we wanted to have some dollars in there. Public Speakers: None Mayor Edelcup asked ifin the $580,000 annually, does that factor in the new Heritage Park, and Mr. Batista said that they hope the $580,000 will be an annualized dollar amount for years to come. Yes, it will include Heritage Park and all the other Parks, and we are looking at complimenting their services along with Public Works staff who are eager to be able to start services in landscaping as well, and so we are looking at joining forces. Mayor Ede1cup asked if we know how that $580,000 would have compared to what we spent last year with Lukes', and Mr. Batista said for Lukes' on a monthly basis for maintenance it was roughly $55,000 a month, which comes out to about $360,000 plus the added items of irrigation it came out to over $700,000 for Lukes' last year. We are looking for a savings this year once we get this monthly calendar in effect and are able to work together with the vendor. Mayor Edelcup said that we are not only saving dollars but we are also adding in some new Parks as well that Lukes' didn't cover, and so we are seeing a savings even greater than that. He said from the perspective of our residents and tourists that come to our City, landscaping is a paramount issue and it is extremely important to continue landscape maintenance and maybe even be better than it was in the past. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-l665 was adopted by a voice vote of 5-0 in favor. lOH. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of a Battery Backup System for the Police Department from CDW Government, in an Amount Not to Exceed $14,050.00, Attached Hereto As Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported noting that this provides emergency battery supply backup which runs the CAD System which are the laptops to dispatchers, our telephone recording system, and the telephones. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-l666 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida lOI. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Interim Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984, to Expend up to $23,784.00 from the Partial Federal Forfeiture (DOJ) Funds for the Purchase of One Police Vehicle and Associated Equipment; Providing for an Effective Date. Action: [City Clerk's Note: See related item J OJ below.] City Clerk Hines read the title, and Police Captain Michael Grandinetti reported that this funding is for an additional vehicle over and above the 11 vehicles that they budgeted for this year. The unmarked vehicle will be utilized by one of the Detectives in the Investigative Services Division. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-l667 was adopted by a voice vote of 5-0 in favor. lOJ. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Twelve (12) Vehicles and Associated Equipment and Lighting for the Police Department, in an Amount Not to Exceed $316,897.76, 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 related item J OI above.] City Clerk Hines read the title, and Police Captain Michael Grandinetti reported noting that $23,784 will be taken out of DOJ Funds for the additional vehicle. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-1668 was adopted by a voice vote of 5-0 in favor. lOK. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with South Coast Growers, Inc. for the Installation of Landscaping Material Along the Northwest Corner of Collins Avenue and Sunny Isles Boulevard (SR826), in an Amount Not to Exceed $23,597.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Vera reported that this is for an easement that Dr. Cornfeld provided to the City in order to continue the Collins Avenue Streetscape. Dr. Cornfeld will provide $16,600 for four (4) Medjool Palm Trees, and the City's cost is $7,000. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-l669 was adopted by a voice vote of 5-0 in favor. 7 ~ Summary Minutes: Regular City Commission Meeting January 20,201 I City of Sunny Isles Beach, Florida lOL. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Agreement with United Iron and Aluminum Contractors for the Fabrication and Installation of an Aluminum Picket Fence Along the Northwest Corner of Collins Avenue and Sunny Isles Boulevard (SR826), in an Amount Not to Exceed $16,935.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Vera reported noting that we are replacing a chain-link fence currently along that property with a five-foot high black picket fence to continue the look of the City. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-l670 was adopted by a voice vote of 5-0 in favor. lOM. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into an Agreement with BG Group to Provide Demolition Services for l6200 Collins Avenue, in an Amount Not to Exceed $21,790.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Vera reported noting that this is the first strip shopping center that we bought, all the tenants are out, and we are ready to demolish it. They will be coming before the Commission to present a schematic by our new landscape architects, SFM Services. Public Speakers: None Mayor Ede1cup noted that this will be the first phase of the Intracoastal Park System. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2011-l67l was adopted by a voice vote of 5-0 in favor. lON. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with Tally Engineering, Inc., for Additional Inspection Services for Heritage Park, in the Amount Not to Exceed $36,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First 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 Acting City Manager Vera reported, noting that this is only for the Park area to finish the density test, the additional properties that we acquired and all the additional roadwork that we did. Public Speakers: None Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve this 8 Summary Minutes: Regular City Commission Meeting January 20, 20 I I City of Sunny Isles Beach, Florida resolution. Resolution No. 2011-1672 was adopted by a voice vote of 5-0 in favor. lOO. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Forty (40) Decorative Litter Containers from Toter Incorporated, Pursuant to a National I.T.A. Agreement through the City of Tucson 083008-01, in a Total Amount Not to Exceed $15,000.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Vera reported that this is the second phase of placing decorative containers along the beach and taking out those containers that the County has provided. We purchased 40 additional containers and they are on delivery and should come out by January 21. Public Speakers: None Vice Mayor Thaler said that eventually all of the containers will be changed on the beach, and they will all be these Toter containers, and this is the second shipment. We will need two more years of 40 each year to take care of the 2.5 miles of beach. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-l673 was adopted by a voice vote of 5-0 in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Change Order No.5 to Agreement with Tenex Enterprises for Additional Sidewalk Work, in an Amount Not to Exceed $30,994.20, 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 Acting City Manager Vera reported noting that this area is from the Oceania entrance to the Atlantic Isle entrance on the west side of Collins A venue. This will cover everything there, and we will be finished with all the contracts with Tenex for the sidewalk work, and we will be issuing an RFP for the remainder ofthe City for the sidewalk work. Public Speakers: None Mayor Ede1cup asked if we can get that new contract when we bid it out for all the open areas that are left on the west side, and Acting City Manager Vera said yes, that is the intent. Vice Mayor Thaler asked about doing the eastside along the way, and Mayor Edelcup said it has not been budgeted but that he would hope that some day in the future we can incorporate a plan to do something on the eastside as well, but that has not been addressed as of yet. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-l674 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida 10Q. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Pay Expert Costs and Related Fees in the Amount of $26,000.00 to the Law Firm of Hicks & Schreiber, P.A., as Evidenced in Exhibit "A", in the Eminent Domain Case Entitled City of Sunny Isles Beach vs. Marks Et AI. Case No. 09-55633 CA 23; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is an order issued by the court related to fees and expert costs. He noted that he has a hearing tomorrow for additional fees and costs, and hopefully this matter will be resolved by the end of this month. Public Speakers: None Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2011-l675 was adopted by a voice vote of 5-0 in favor. lOR. Add-On: A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Parking License Agreement with National Deli Corporation, D/B/A the Epicure Market _ Sunny Isles (Epicure), to Jointly Share Non-Exclusive Parking Spaces in Epicure's Parking Lot Located at 17190 Collins Avenue, in Order to Accommodate Potential Overflow from the Patrons of Town Center Park, for a Yearly Fee of$8,799.99, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and Acting City Manager Vera reported noting that Epicure will pay the City $8,799.99 for extending the useful life of its development rights (TDRs) for another year, and so in reality it is not costing the City anything. Public Speakers: Roslyn Brezin Mayor Edelcup noted that in negotiations it was agreed that the City will not use the lot on Thanksgiving Day, Christmas Eve, Christmas Day, and New Year's Eve. Acting City Manager Vera said that we will also be placing a sign at the lot saying Epicure and Town Center Park Parking and another sign in the Park saying you can park at Epicure. Mayor Edelcup noted that you can park there for Town Center Park but you cannot park there to go to the beach, if you go to the beach you have to pay the valet parking service at Epicure. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-l676 was adopted by a voice vote of 5-0 in favor. l1. MOTIONS None 10 Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida l2. DISCUSSION ITEMS 12A. Discussion on the Status of Solis. Action: Acting City Manager Vera reported that on January 14,2011 the City sent a letter to the Solis representative (Danny Tantleff) stating and outlining what work was to be done as to the statements that he made at the December 16, 2010 Commission meeting, and the deadlines that were to be met. We have been in contact with the representative who said that he has been away, and the only thing that he has submitted has been the keys to open the doors. He met with him today and he finally got the quote for the fence, and he stated that he would start removing the fence on the west side by January 25, 20 II, and should commence with the fence by January 31, 2011 on that side. He is going to be fixing the mesh in the back as it is down, and he is pulling permits because he has to change the fence in the back to the picket fence that we have. On January 25 he is going to start removing the barricades or handles that are on each floor made out of wood, and prepare to start painting the building. Public Speakers: Harold Gordon (Tropicana) Mayor Ede1cup asked how this compares to the Letter of Agreement that was signed between him and the City, and Acting City Manager Vera said that we told him to replace the front fence with a picket fence and to install the landscape buffer by January 28, and ifthat doesn't happen by that date, he is asking for direction from the Commission. We could proceed now but he wanted to see if Solis submits a permit by tomorrow. Mayor Edelcup said from his own perspective, ifhe doesn't see anything happening near completion of what he promised for January 28, he will be back here in February asking to have their permit cancelled for the construction of the building, and that they need to know that this Commission means what it said when we entered into an agreement with them. There have been too many delays, and coming in now at the last minute to promise to start pulling permits on the 25th when everything was supposed to be completed on the 28t\ to him, that is not living up to what they had promised, and apparently we need to get tougher with them. He said that the City needs to warn them that if we don't see the Letter of Agreement completed by January 28, 2011, that in February he will be pushing the Commission to consider revoking their permit. Acting City Manager Vera said he will send them a letter tomorrow putting them on notice. Mayor Ede1cup instructed Legal staff to look into what actions we can take in February in addition to the removal of the permits as to remedial action on the property and how we can assure ourselves of getting a perpetual lien if we so choose. He also asked the Acting City Manager to come in with an estimate of what that would cost, and come our February meeting, if we need to take specific action at least we don't have to wait another 30 days. 12B. Discussion on the Pedestrian Bridge. Action: Acting City Manager Vera reported that the Pedestrian Bridge and the Pier were simultaneously being done at DEP and South Florida Water Management. At the beginning of last year the decision was made by management that we wanted to put all our efforts into the Pier. The permitting and the plans for the Bridge are complete, and the Mitigation Plan is pending, and so we have instructed our Consultants to start on it. Weare going to be meeting with DERM to bring up everything again as the Pier is now in DERM and it should 11 Summary Minutes: Regular City Commission Meeting January 20, 20 II City of Sunny Isles Beach, Florida be out of there within the next couple of weeks for the demolition of the Pier. Once that is done, we want to go back and put all our efforts into the Mitigation Plan, and that is why we want to start dialogue with DERM to see where we are going to be mitigating. We had some type of opinion of where we are going to mitigate but the plan itself was never developed. In April or May 2010, the Commission passed a resolution that allowed for this mitigation, and so the plan is already paid for, and it should take about five months. Acting City Manager Vera explained the mitigation process once we are disturbing mangrove areas while we are placing the Pedestrian Bridge from 174th to 172nd. When any mangrove area or any type of sea grass is disturbed we have to mitigate and place it somewhere else, and the last that we had to do was to mitigate it towards the back area of Town Center Park. Hopefully they will allow us to put it there, as we have the room to place it there. The other alternative was to pay toward a mitigation bank but at the time we were speaking to them, there were no mitigation banks available. We are going to try again, and ifthat is possible, we will come back to the Commission with the amount of money needed to put into a mitigation bank. Whatever we do behind the Town Center Park we will still have to spend money to mitigate that area as we have to dredge it and put in new seeding and mangroves. Commissioner Aelion asked if they have been specific on a timeframe for this process, and Acting City Manager Vera said with the Mitigation Plan, and with discussion and finalizing the issues with South Florida Water Management and DERM, it will take five to six months. Mayor Ede1cup asked for some kind of timetable in the next 30 days, assuming that the mitigation gets completed in five months, to the next anniversary date of some major event occurring, to the final opening ofthe bridge so that we will have some kind of perspective of when we can see a final bridge in front of us. Without a bridge we are putting life safety in haphazard for many people who live in the Winston Towers area, and the sooner we have a bridge there, the better off they will be as well as residents of the entire City in the event ofa catastrophe on Collins Avenue. He can't emphasize enough how important it is to have a secondary road going through the City and as a Commission we need to know when we can expect that and try to hold ourselves to a timetable. If we don't have a timetable, nothing will happen, if we do have a timetable we can all drill down on it and hopefully move it along to a completion but we need to have a start date and a date that we can expect certain events to occur to the completion. Acting City Manager Vera said after the meeting with DERM, and he is trying to set it up for next week, we should have an idea if there is a bank out there to donate to, it will make things a lot simpler, and if there is no bank, then we will have to go through a Mitigation Plan which could delay us. And so that will give us an idea as to where we are at, and then it is just pulling permits and having the availability. Mayor Ede1cup said besides the mitigation situation, is there any other major permit that could possibly cause another delay, and Acting City Manager Vera said no, the mitigation is DERM and South Florida Water Management, they were working together and it was a big issue but that is basically it. There was an issue with submerged land but the Attorney has addressed that issue, and City Attorney Ottinot said we would have to meet and go through a process with DERM on the submerged land issue. 12 Summary Minutes: Regular City Commission Meeting January 20,2011 City of Sunny Isles Beach, Florida Mayor Ede1cuP said then all the other issues as to rights-of-way, coming to and off the bridge, etc. have all been resolved, and Acting City Manager Vera said yes, we have the easement on Bellagio, and we have the right-of-way, the dead-end on North Bay Road. Commissioner Scholl asked ifthere was an issue with Army Corp of Engineers, and Acting City Manager Vera said no, it was taken care of. Mayor Ede1cup said then once DERM signs off on this mitigation issue, we should be home free to start moving, and Acting City Manager Vera said yes, and then we go out for an RFP. Mayor Ede1cup said then to build on your assumption, five months for that and then everything else as to how many more months thereafter it would take to go to completion, and then ifDERM gets delayed we will all be able to manipulate that timetable to add a month at the end or a delay at the front end. He assumes that Public Works Director Gio Batista will be in charge of supervising that construction, and between the two of you, you can get back to the Commission next month with a timetable. Commissioner Aelion asked for clarification on the mangrove issue with the bridge, this is protected land and that is why DERM is concerned, basically they would allow the plants to be transferred to another location, and Acting City Manager Vera said yes, on a two for one basis, if one plant dies, we have to replace it with two plants. Vice Mayor Thaler asked what the timetable is for the Fishing Pier, and Acting City Manager Vera said they are meeting with the contractors tomorrow, and hope to give them a Notice to Proceed by the end of next week. DERM is moving along and have given us a preliminary approval for the demolition, and gave us until April 1, 2011 to have the demolition done on the Pier because turtle season starts in May and they want everything cleared by April so nothing happens until October. During that time we are going to continue to work. The only thing that is stopping us now is Fish and Wildlife as they have a lot of conditions for the construction of the Pier. Hopefully if everything goes well, once we finish the demolition, and they give us the permit for the Pier, we are going to be asking them to let us start on the Pier from the water inland because their biggest concern is on the sand area where we would disturb the turtle area, and that is where the restaurant will go. Depending on the weather and if everything goes well, we should be done by November or December of this year. Mayor Edelcup said for the record, a letter was sent out yesterday notifying the restaurant that they have to move out by February 19,2011. l2C. Discussion on Future Agenda Review Workshops. Action: Mayor Edelcup said we had cancelled the Agenda Review Workshops but some of the Commissioners are requesting that we bring these workshops back the Tuesday prior to the Thursday meeting, and it was the consensus of the Commission, with a voice vote of3-2 [Vice Mayor Thaler and Commissioner Scholl against] in favor to reinstate the Agenda Review Workshops. 12D. Add-On: Discussion on the Police Chief Position. Action: Acting City Manager Vera stated that he received correspondence from former Police Chief Fred Maas expressing his desire to rescind his retirement letter that he 13 . I Summary Minutes: Regular City Commission Meeting January 20, 2011 City of Sunny Isles Beach, Florida submitted to the City and return to his position as Police Chief. With the blessing of the Commission, he would like to instruct and direct the City Attorney to draft an employment agreement for his signature in accepting the rescinding of retirement from Fred Maas and for Chief Maas to start his position of employment effective Monday, January 31,2011. Mayor Edelcup said that they look forward to seeing ChiefMaas come back to our City as he did an admirable job for all the years that he was our Police Chief, and it was the consensus of the Commission to welcome him back to the City as Police Chief. [City Clerk's Note: Due to the death/funeral of two Miami Police Officers, Chief Maas began employment on Monday, January 24, 2011.] 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Brent Allen discussed Municipal Water. He urged the Commission to really study the chemicals that they are putting into the water, and asked them to make phone calls to North Miami Beach urging them to ban fluoride and other harmful chemicals in the water. l4. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:02 p.m. . . 'RespeCtfully submitted by: Approved by the City Commission on Feb. 23, 2011 . < " ~, ~ ." -~L~ . " Jane A. Hines, CMC, City Clerk / . ..,." I' . . ~ 14 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax l\1E~OMNDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 2/23/2011 RE: Summary Minutes for the January 20, 2011 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the January 20, 2011 Regular City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes / Agenda Item ~ A. Date ~_-?~~- I \ http://sibagenda. sibfl.net/agenda/Preview .aspx?I temID=4 3 6&MeetingID