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HomeMy WebLinkAbout2011-0223 regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Wednesday, February 23,2011,6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl Acting City Manager Jorge L. Vera City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Former City Commissioner Gerry Goodman led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - January 20, 2011. Action: Vice Mayor Thaler moved and Commissioner Aelion 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. Additional Information: Item lOB. Employee Health Insurance; Revised Items: Item 10D: Agreement with Offshore Events; Item 101: Resolution and Agreement with Miller Publishing; Add-On Item: Item 10K. Pay Experts Costs and Attorneys Fees in Eminent Domain Action, 215-255 Sunny Isles Boulevard. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Aelion moved and Commissioner Scholl 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 February 23, 2011 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS SA. City Commission Employee Recognition Program: Certificates of Appreciation to be Presented to the Following City Employees: Mike Fiorey, Mike Tribby, and Joel Grunzweig. Action: Mayor Edelcup reported on the Employee Recognition Program. The City Commission presented Certificates of Appreciation to the above employees, and noted that each recipient will receive a $100 check. Mike Fiorey was instrumental in rebuilding History Hall; Mike Tribby is the voice of Channel 77, and an expert in filming, reformatting, designing, etc., recording all City events as well as City Commission meetings; Joel Grunzweig is involved with the artistry in our City beginning with the restoration project of the horse and carriage, and the Pelican in Pelican Community Park (PCP), as well as providing artistic work for the haunted house for Boogie Nights; the Santa Claus at Christmas time; most recently at the children's playground area at PCP; and last year Joel was the artist that did the Official Poster for the 2010 Jazz Festival. Mayor Edelcup noted that these three employees are the first recipients of the Program, and that there will be quarterly award presentations. 5B. Recognition of Police Officer Albert Porro upon his Return from Active Duty in Iraq. Action: Police ChiefMaas reported and welcomed Police Officer Albert Porro, who is also an Army Staff Sergeant, back after a year of active duty in Iraq. He noted that Staff Sergeant Porro's unit was ambushed, comparing it to a warship getting hit by a torpedo, and even though he was injured he saved the lives of his men who were also injured. Upon returning home he learned that he was to be presented with a Bronze Star, and he has since then been awarded the Purple Heart as well. With Officer Porro's wife and two children looking on, Mayor Edelcup presented Officer Porro with that Bronze Star. The City Commission and Chief Maas presented Officer Porro with the embedded coin that was received for his courage and dedication which has been in the Roll Call Room for the past year as a reminder. The City Commission and Chief Maas thanked him and all military personnel for their service to this Country. 6. ZONING None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 138 of the Code of Ordinances of the City of Sunny Isles Beach to Require Disclosure by Contractors of the Cost of Construction Permits Required for Construction or Reconstruction of Residential Premises; 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 requires contractors to itemize and disclose the fees of construction permits on invoices for construction on residential premises. Public Speakers: None 2 Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida Commissioner Aelion asked how this can be enforced, and City Attorney Ottinot said that the resident would file a complaint with the City, and if the invoice or contract doesn't have the permit fees itemized as a separate line item, they could be penalized with a $500 fine. Mayor Edelcup explained that this Ordinance is being proposed because there have been many instances where contractors have gone to their customer and claimed that they were being charged by the City for the permit fee, and the fee they were charging the customer included a markup by the contractor. He said it would help if the residents would help the City in policing this, and once it is known throughout the City, he is sure they will comply. City Attorney Ottinot said that the City Manager will put a notice on the 3rd Floor on this. Mayor Edelcup said it would be helpful if the condo associations would put a notice in their own building informing residents that a separate line item must be disclosed on any invoice or proposal being submitted to them, and between the City and the customer, we can bring compliance into this form. Vice Mayor Thaler also suggested that an article be put into the newspaper relating to this, and Commissioner Aelion said it should be put into the informational booklet being prepared by staff with all the fees as well. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, March 17,2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 7B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending its Comprehensive Plan to Update the Capital Improvements Schedule Pursuant to Section 163.3177(3)(b)1., Florida Statutes (F.S.); 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 Acting City Manager Vera reported noting that this Ordinance is for housekeeping purposes complying with Florida Statutes. It mandates that all local governments annually amend their adopted Comprehensive Plan to update the Five- Year Capital Improvement Schedule. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, March 17,2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 3 - Summary Minutes: Regular City Commission Meeting February 23,2011 City of Sunny Isles Beach, Florida 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-68(D) of the Code of Ordinances of the City of Sunny Isles Beach regarding Landscaping Requirements; 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 Acting City Manager Vera reported noting that staff has been looking at various sections of the Code, and this one was brought to staff s attention that under the landscaping section of the Code, an automatic underground irrigation system was a requirement for all zoning sections. After reviewing the Code on the amount of landscaping areas in the single family and two-family dwelling sites, it was staffs opinion that the requirement to install an automatic underground irrigation system in these two residential areas is excessive and creates an unnecessary additional cost to the home owner. Public Speakers: None Mayor Edelcup said this concerns single family homes and duplexes required by ordinance to have a sprinkler system in their front and back yard, and this Ordinance exempts them. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, March 17,2011, at 6:30 p.m. V ote: Commissioner Aelion ~ Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 7D. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 265-47(E) of the Code of Ordinances of the City of Sunny Isles Beach regarding Clear Sight Triangles for Driveways; 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 Acting City Manager Vera reported that this is more of a safety issue. This section deals with the clear sight safety triangle in driveways and street intersections, and this amendment clarifies this section and includes easy to read chart forms and graphics making it more user friendly. Mayor Edelcup noted that this is citywide. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5- o in favor. Second reading, public hearing will be held on Thursday, March 17,2011, at 6:30 p.m. V ote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 4 Summary Minutes: Regular City Commission Meeting February 23,2011 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 256 of the Code of Ordinances of the City of Sunny Isles Beach to 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. (First Reading 01/20/11) 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 Edelcup said that it does not include private property, it is basically for public property and streets. Vice Mayor Thaler noted that this is following the State Legislature who recently passed a similar law. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to adopt the ordinance. Ordinance No. 2011-358 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Employment Agreement with Fred Maas for the Position of Police Chief of the City of Sunny Isles Beach, 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. The Commission welcomed Chief Maas back to the City. Public Speakers: none Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-1677 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Selection of Humana as the Provider for Employee Health and Dental Insurance; EyeMed as the City's Provider for Vision Care; Mutual of Omaha as the Provider for Life Insurance, Accidental, Death & Dismemberment (AD&D) Insurance, Long Term Disability Insurance, Voluntary Short Term Disability Insurance, and Voluntary Life Insurance, for a One-Year Period; Authorizing the City Manager to Enter into Agreements with these Providers, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Documents were distributed prior to the meeting.) City Clerk Hines read the title, and Assistant to the City Manager/Human Resources Priscilla Walker reported. She noted that the rates from Mutual of Omaha are frozen for three years. Public Speakers: none Mayor Edelcup asked if in the future we can get Humana to freeze the rates for three years for health and dental so we don't have to go through this process every year, and Ms. Walker said they tried this year, but the rates were not competitive, and they would only issue it for one year. Patricia Hennessey from Brown and Brown said that the carriers will not guarantee rates for three years because it depends on how things are running. Vice Mayor Thaler asked if this affects many ofthe employees who have their own doctors, and Ms. Walker said most should fair better because Humana is a nation-wide plan where our current provider is a Miami-based plan. Humana plans are in-network at a lower cost, a premium plan which is more expensive is out of network, and there is a PPO plan for health and for dental. Vice Mayor Thaler asked what the cost difference is between the plans, and Ms. Walker said on the medical side they offer three plans, the HMO-High which is our standard plan and is $3 more than the HMO-Low. The HMO-Low is a little higher than the current provider. Mayor Edelcup noted on page 6 of7 of the handout it lists the rates. Commissioner Scholl said that most of the doctors in the old plan are covered in this plan, and if not, they could take the PPO plan and they would be covered, and Ms. Walker said that was correct. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-1678 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Judge Robert Newman, Maurice Donsky, Esq., Mimi V. Turin, Esq., Regine Monestime, Esq., Rafael E. Suarez-Rivas, Esq., and Ellen Lavin, Esq. as Special Masters, for a Period of One Year, in Accordance with City Code Section 14-3; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Vera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-1679 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Offshore Events, LLC, for Off-Shore Powerboat Races in Sunny Isles Beach Scheduled June 16-19, 2011, in an Amount Not to Exceed $40,000.00, in Substantially the Same Form as Exhibit "A", Attached Hereto; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: A Revised Agreement was distributed prior to the meeting. A magazine and articles were passed around.) City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported that the vendor is requesting an additional $25,000 totaling $65,000. Mayor Edelcup said the City will not go over $40,000. Public Speakers: Brad Schoenwald; Larry Goldman Brad Schoenwald, Offshore Events, said this is the 4th year of this event, and noted highlights of the past three years and why they need the additional monies. The Commission offered several suggestions on how to raise money, and the vendors said they have tried all of those suggestions, but people are not willing to provide them the additional $25,000 needed to produce a professional event and additional safety security. Mr. Schoenwald said that he and Larry are working tirelessly, and they have to at least break even as they can no longer pay out of their pockets. Mayor Edelcup said that the elected Commission cannot go out and solicit, however the vendors can work with City staff who will help support their efforts. Ms. Simpson said that each year they have sent out sponsor package solicitations on behalf of the City to businesses, condos, hotels, etc., and staff will again help promote the event and develop a sponsorship package. Mayor Edelcup noted that if they don't get additional sponsors, the City will not go above the $40,000. Ms. Simpson asked if we can incorporate deadlines into the contract before financial commitments, and City Attorney Ottinot said yes. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution as amended in the form of a caveat of deadlines and recommendations in the Agreement. Resolution No. 2011-1680 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of Bid No. 11-01-01 to and Entering into an Agreement with Southern Waste Systems LLC for Waste Management Services, in the Amount Not to Exceed $18,635.10 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 this represents a savings to the City of $30,000. Public Speakers: none Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-1681 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Two (2) Vehicles and Associated Equipment from Hub City Ford D6D Reid Ford, IRe., for Use by the Public Works Department, in an Amount Not to Exceed $32.953.00 $33,917.00, 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 Public Works Director Gio Batista reported noting that we decided to go with a Florida Sheriff s Association Contract as opposed to the State Contract, and therefore are recommending Hub City Ford in an amount of $32,953. Public Speakers: none Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution as amended. Resolution No. 2011-1682 was adopted by a voice vote of5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Sedona Cleaners, Corp. for Dry Cleaning Services for the Police Department, in an Amount Not to Exceed $13,000, 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 Police Captain Michael Grandinetti reported noting that this is a local provider, representing an estimated savings of $4,000 annually. Public Speakers: none Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-1683 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Proposal from Verizon Wireless Based on the Terms and Conditions Set Forth in State Contract #725-330-0501, MA497, to Provide Wireless Broadband Access for Data Connectivity between the Police Communications Center and the Police Vehicles, in an Amount Not to Exceed $31,192.20 Annually, 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 Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-1684 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting February 23, 20 II City of Sunny Isles Beach, Florida 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement Between the City of Sunny Isles Beach and Miller Publishing, Inc. D/B/A Community Newspapers, for Advertising Services, in a Total Amount Not to Exceed $30,000.00, 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's Note: A revised Resolution and First Amendment to Agreement was distributed prior to the meeting.) City Clerk Hines read the title, and Public Information and Events Specialist Stephanie DeThomas reported noting that we are expanding from 8 pages to 10 pages. Mayor Edelcup noted that this is the first increase since 2002. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution as amended. Resolution No. 2011-1685 was adopted by a voice vote of5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2010-1629, Co-Naming 183rd Street -MSth Terroee as "City Commissioner Roslyn Brezin Street"; Authorizing the City Manager to Expend Funds in an Amount of up to $600.00 for the Installation of Street Signs and to Do All Other Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: Roslyn Brezin Former City Commissioner Roslyn Brezin explained that she is now in favor of changing it to 183rd Street as she received several calls stating that 169th Terrace is not a through street, it is actually an entranceway into the shopping center owned by Raanan Katz. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution. Resolution No. 2011-1686 was adopted by a voice vote of3-2 (Vice Mayor Thaler and Commissioner Gatto against) in favor. 10K. Add-On Item: A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Pay Expert Costs and Attorneys Fees in the Eminent Domain Case Entitled City of Sunny Isles Beach vs. Marks Et AI. Case No. 09-55633 CA 23; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was distributed prior to the meeting.} City Clerk Hines read the title, and City Attorney Ottinot reported noting that this is property located at 215-255 Sunny Isles Boulevard acquired by eminent domain, and under Florida's eminent domain law, the City is required to pay all costs and attorney's fees for the owners. Through a contested fee hearing, the City was able to reduce the amount of expert costs and fees 9 Summary Minutes: Regular City Commission Meeting February 23,2011 City of Sunny Isles Beach, Florida requested by three law firms, for a total savings of $201 ,884.76 as reflected in the table. Public Speakers: none Mayor Edelcup asked if the judge has seen these reduced costs, and City Attorney Ottinot said yes, in fact he will include the Order awarding attorney fees on apportionment and expert fees and cost for trial and apportionment. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve this resolution as amended. Resolution No. 2011-1687 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Status Report on Solis. Action: Acting City Manager Vera reported that Solis has completed some of the items on their list of items that were to be done. Public Speakers: Danny Tantleff; Greg Nicklas, President Tropicana Condominium Association; Y oa Okurliand-Pack, President, Arlen House East Danny Tantleff of Solis noted items completed, and that they will be painting the building in March. He is meeting with Greg Nicklas of Tropicana Condominium Association, and others regarding completing the work on the lot. Greg Nicklas handed out a status report and a timeline schedule. He said there has been progress but asked the Commission for help: 1) the attorney representing the hoist company is refusing to allow the hoist be removed from the property and that is one of the remaining eye sores; and 2) due to their past history, he would like to get some teeth into the timeline schedule he distributed, so that if the schedule is not met, there will be some consequences. He is optimistic that he and Danny can work together to accomplish this, and he thanked the Commission for their help. Commissioner Aelion was concerned about the Rebar, by taking action will there be any compromise to the structure, and if so, will we have an analysis of the affected removal of the Rebar. Mr. Nicklas said he has been on conference calls with Jim and Danny, and they have agreed to get that process started again, pay a structural engineer, and pay to get some of that work that needs to be done, to cut some of the Rebar, bend some of it and tuck it into the housing so it is not sticking up anymore. Mr. Tantleff said he has sent letters and has worked to get concept drawings. He understands that the Building Permit comes up again in August for renewal, and so they are working on the building and will box in the Rebar under the roof and paint the building. Commissioner Aelion asked how the City is addressing the Rebar, and Acting City Manager Vera said he has asked Mr. Tantlefffor a revised report on the condition ofthe Rebar because he has some concerns on what the salt water may have done to it, and once received, the City will analyze 10 Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida it. Mr. Tantleff said the report was requested and we should have it within two weeks. He said he has been working non-stop in trying to secure a loan. Mayor Edelcup asked why they won't take the hoist out, and Mr. Tantleff said it belongs to East Coast Hoist and they tell us it is down to their stress pass and that they are better off losing the equipment on site, because it would cost $50,000 to $100,000 to take it down, and their attorney told them that they are better off legally not to move it. Mayor Edelcup asked since hurricane season is coming and for safety reasons, is it better for us to force them or to leave it. Acting City Manager Vera said it is tied down but with hurricane season coming, it is better if it is removed. City Attorney Ottinot said we can take legal action, and Mayor Edelcup said he thinks we should move in that direction to go forward with removing the hoist if it is okay with the engineer. Vice Mayor Thaler said he is looking at the timeline schedule and noted on March 4 they are going to send a letter to the Structural Engineer, why are they waiting until March 4 to send a letter, and Mr. Tantleff said he had already spoken to Greg on that and he will go ahead and send the letter out tomorrow morning and he will copy Greg on it. Commissioner Scholl said he is lucky he has a gracious neighbor because this is ridiculous, these are very good people and they have been living with this for a long time, he is impressed that Greg has been very diligent in pulling this together and bringing the schedule to accountability. Mr. Nicklas asked what kind of penalty we can impose here if the schedule is not met, and City Attorney Ottinot said we will have another Agreement ready by Monday, Feb. 28. Vice Mayor Thaler asked who we are dealing with, are we dealing with the bank or the owners, and Mr. Tantleff said that the bank is moving forward and the owners are moving forward. Mayor Edelcup said that is why it is hard to know what direction we can go until we know what the bank is doing because the City's course of action is different if it is the bank. He asked that a copy of the schedule be attached to the Agreement. Y oa Okurliand-Pack said she is the President of Arlen House East and they are the most impacted by this building as they overlook the lot. They have 200 families that look at this building everyday. They want this lot cleaned up now and they have seen very little progress in the last two months. 12B. Discussion/Status Report on the Pedestrian Bridge. Action: Acting City Manager Vera reported that we need to do a mitigation study, and the issue that we have now is in order to get the grant we need to do the study. Staff is requesting not to do the study. In 2009 when we started the NEP A Grant, somewhere along the way, staff did not follow through and we were not going ahead with the grant which was a $350,000 study. We can do the study and continue once we have a study and mitigation plan in tact, then the plans are basically good, and it is a matter of finding funds for it. Mayor Edelcup said then that we can begin negotiations with DERM regarding the mitigation requirements up front and go from there. Vice Mayor Thaler asked if we can look at other federal grants, and Acting City Manager Vera said no not federal grants but we will look at other grants that are out there. II Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida Mayor Edelcup requested a timetable revision, and Acting City Manager Vera said we should get the permit in June 2012, one year after that we will have a finished product. Mayor Edelcup said it is the will of the majority of the Commission to push forward as forcefully as we can, move it along, and try to shorten the negotiations period. He asked him to try to compromise so that we can move forward. Acting City Manager Vera said that he has already started with DERM seeking their requirements for mitigation. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Mariana Talalaevsky discussed Overcrowding in the Sunny Isles Beach Community School. Action: Mariana Talalaevsky handed out school board items and noted severe overcrowding of the schools. She said they will create a committee to look at different options, and that parents are complaining that the school is not part of a mail out. She went before the City Advisory Committee and they recommended bringing it before the City Commission. Vice Mayor Thaler said he would like to call Martin Karp and find out why the school is not there, and report back to this Commission as our representative to the School Board and find out what he believes we should do here to get people out of our public schools that should not be here. It is the School Board who should operate it, not the City Commission. Mayor Edelcup said we can sit back and give advice but in the end it is the County's school, and it is their problem to search out people that should not be there. We have made this offer and other offers for programs many times to the School Board, and we asked the Police to get involved, and so there isn't much more we can do other then lobby Mr. Karp. Commissioner Aelion said they found addresses that were rejected, and have a better feel of the number of correct addresses. Ms. Talalaevsky said that our school was not part of it, and she had asked Dr. Weissman if it is an issue of the money because most of the school's funds have been frozen, and is talking about our school funds being frozen. It is true that at our school a lot of the students last names are different from who they are living with, i.e. grandparents, uncles, etc. Today she worked in a B Class, she asked how one class can have so many students, and she was told that there are four classes in one, and even worse was the ih grade where they have seven classes in one with two coaches. Weare the number one school out of compliance. Mayor Edelcup said as much as he sympathizes with her, he reminded her that the School Board is run by a different governmental agency, and they may resent the fact if the County were to tell us how to run this City, and therefore a City can't cross the line and tell the County how to run their school as a governmental agency. The citizens of our City that has children in the school or want to be an activist can certainly lean in that direction. Commissioner Scholl said he sympathizes with her too but he believes that the School Board has to induce the administrator of the school to deal with this problem, and he doesn't believe that the administration of the school really wants to deal with this problem because they have talked to the administration ofthe school repeatedly, and so he agrees with both the Mayor and Vice Mayor and unfortunately we don't have control over that. We have been a great community partner with the school system, and have contributed greatly to the school, but unfortunately if they don't want to do something that we ask them to do, they don't have 12 ---- - Summary Minutes: Regular City Commission Meeting February 23, 2011 City of Sunny Isles Beach, Florida to, no matter what that partnership is. He thinks we have played as much politics that we can, but the parents can put pressure on the school and that is how you are going to get results. Ms. Talalaevsky said she knows that the City does do business with them, and City Attorney Ottinot said yes however the Interlocal Agreement doesn't address class size, it is mostly for sharing facilities. Commissioner Scholl said the school administration doesn't want to get behind us and so he approves the tact that Ms. Talalaevsky is taking, and he would offer resources as well. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:35 p.m. Respectfully submitted by: ~eAM~rk Appr ved by the City Commission on Mar. 17,2011 ,/.' /' / 13 --- --~~~ - .....-.- Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 3/17/2011 RE: Summary Minutes for the February 23, 2011 City Commission Meeting RECOMMENDA TION: Attached for your consideration are the Summary Minutes for the February 23, 2011 Regular City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes .. http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=4 5 6&MeetingID=O&MeetingDate=... 3/ I /20 11