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Home My WebLink About2011-0317 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March 17, 2011, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES 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 Assistant City Manager Minai Shah City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Aelion led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. [City Clerk's Note: Acting City Manager Jorge L. Vera is out of the country, Assistant City Manager Minai Shah in his stead.] 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - February 23,2011. 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. 3B. Special City Commission Meeting - March 8, 20 II. 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: Additional Information: lOB. Correspondence from RK Associates; Add-On: Item 7 A. Ordinance Scheduling a Special Election re: Charter Amendment; Item 12C. Discussion re: Potential Lease Agreement for Dock Space. 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 March 17,201] City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS None 6. ZONING None 7. ORDINANCES FOR FIRST READING 7A. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 2.3 (b) "Residential Areas" to Require Persons Running From a Particular Residential Area to be a Resident of the Residential Area Continuously for at Least One Year at the Time of Qualifying; Providing for Requisite Ballot Language for Submission to the Electorate; Providing for Copies of the Charter Amendment to be Available for Public Inspection; Calling a Special Election on the Proposed Charter Amendment to the City Charter to be Held in Conjunction with the Miami-Dade County Special Election or General Election; Providing for Notice of Election; Providing for Balloting and Election Procedures; Providing for Severability; Providing for Inclusion in the Charter; 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 City Attorney Ottinot reported noting under the City Charter, in order to run for a Commission seat, a person must reside in the City for at least one year prior to qualifYing, and in that residential area upon qualifYing, with this amendment, the person must also have lived in that residential area for at least one year prior to qualifYing. Mayor Edelcup clarified that each Commissioner representing a district must be a resident of that district for at least a year, however, the Mayor seat is city-wide and can live anywhere in the City. Public Speakers: Roslyn Brezin Commissioner Scholl clarified that a Commissioner carmot move out of their respective residential area while in office. 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, April 21, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler yes Mayor Edelcup yes 2 Summary Minutes: Regular City Commission Meeting March 17,2011 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinances Amending the Land Development Regulations (LDRs): 9A.1 A Resolution of the Local Plarming Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending its Comprehensive Plan to Update the Capital Improvements Schedule Pursuant to Section 163.3I77(3)(b)l., Florida Statutes (F.S.), Attached as Exhibit "A", and the Required Transmittal to the State Land Plarming Agency; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2011-65 was adopted by a voice vote of 5-0 in favor. 9A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending its Comprehensive Plan to Update the Capital Improvements Schedule Pursuant to Section I 63.3 I 77(3)(b ) I., Florida Statutes (F.S.); Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 02/23/11) Action: City Clerk Hines read the title, and Assistant City Manager Shah reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2011-359 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup yes 3 Summary Minutes: Regular City Commission Meeting March 17,2011 City of Sunny Isles Beach, Florida 9B. 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. (First Reading 02/23/11) Action: City Clerk Hines read the title, and City Attorney Ottinot reported, noting that this Ordinance would be effective in ten (10) days. Public Speakers: None Mayor Edelcup said that this ordinance protects the residents in order to understand what the fee is that the City is charging for any permit. In order for the City to police this Ordinance, we depend upon the resident to let us know if they receive an invoice that does not list the permit fee as a separate line item. There is no way the City can find out unless our residents work with us in the policing and enforcing of this Ordinance, to make it a successful one. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2011-360 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl ~ Vice Mayor Thaler ves Mayor Edelcup yes 9C. 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. (First Reading 02/23/11) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this exempts the single family and duplex owner from being required to install an underground sprinkler system. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the ordinance. Ordinance No. 2011-361 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 4 Summary Minutes: Regular City Commission Meeting March 17, 2011 City of Sunny Isles Beach, Florida 9D. 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. (First Reading 02/23/11) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is a safety issue and deals with the clear sight safety triangle in driveways and street intersections. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2011-362 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion ves Commissioner Gatto ~ Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup ~ 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A), to Provide Post Design Services for the Sunny Isles Beach /Newport Fishing Pier, in a Total Amount Not to Exceed $41,000.00, 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 Public Works Director Gio Batista reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2011-1693 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Kimley-Horn and Associates for Professional Engineering Services to Provide a Traffic Study of 183rd Street and Collins Avenue, in a Total Amount Not to Exceed $15,290.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Correspondence from RK Associates was distributed prior to the meeting.J City Clerk Hines read the title, and Public Works Director Gio Batista reported, noting that this is a necessary study in order for FDOT to consider approval. RK Associates has agreed to pay 50% of this expenditure (up to $7,645). Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2011-1694 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting March 17,2011 City of Sunny Isles Beach, Florida 10C. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Two (2) Jet Ski's from Broward Motorsports for the Ocean Rescue Division, in an Amount Not to Exceed $24,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-1695 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Two (2) "Luke" Master Meters from Parker Systems to be Placed in the Parking Garage at Heritage Park, in an Amount Not to Exceed $19,772.80; 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. Public Speakers: none Vice Mayor Thaler noted that this was included in the $650,000 that was passed (Resolution No. 2011-1690) at the March 8, 2011 Special Commission meeting. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve this resolution. Resolution No. 2011-1696 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, Opposing Passage of House Bill 4195 Repealing Chapter 205, Florida Statutes, Relating to Local Business Tax/Occupational Licenses; Urging the Florida Legislature Not to Pass Such Legislation; Providing the City Manager With the Authority to Do All Things Necessary to Effectuate this Resolution; Providing Directive to the City Clerk; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported noting if this Bill passes, it would eliminate municipalities Local Business Tax which would have a major fiscal impact on the City. Assistant City Manager Shah said occupational licensing revenues are $220,000. Public Speakers: none Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2011-1697 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 6 Summary Minutes: Regular City Commission Meeting March 17,2011 City of Sunny Isles Beach, Florida 12. DISCUSSION ITEMS 12A. Discussion/Status Report on the Parking Garage at Heritage Park. Action: Public Works Director Gio Batista reported that the roadway going into Heritage Park is substantially completed, we are working toward getting substantial completion for the Park itself and that requires a TCO. We are at the point where we are pending the Fire Marshall inspection, and we got a courtesy review which was just minor adjustments. Now we are waiting for them to do a pressure test on it, the sprinkler system, etc. The contractor has committed to be finished by March 31, 20 I I, and we should open on April I, 20 II. The rest of the Park should be completed by May 31, 2011. Vice Mayor Thaler said that the Fire Department was there today checking it out. Mayor Edelcup asked if the Marco Polo has been notified that they can start parking cars in the garage on April 1, and Public Works Director Batista said that they have been working with Acting City Manager Vera. Vice Mayor Thaler said that they do know as he spoke to them today. City Attorney Ottinot said we will be sending them a memo. Mayor Edelcup said then that we will be receiving the increased revenue tentatively from April I and he asked if that is billed in advance or in arrears, and Assistant City Manager Minai said we collect it in arrears. Mayor Edelcup said this will give us the opportunity to start cleaning out under the Lehman Causeway for the development of the basketball court, and Director Batista said yes, they met with the contractor and his subcontractor to go over the specifics, and they would formalize an estimate by next week. Mayor Edelcup said part of the configuration is, when Marco Polo moves out we will need to re-designate the area for recreational vehicles, and they will have to be notified. He asked if they are still thinking about putting the Public Works facility under the Causeway, and Director Batista said yes, we are waiting for finalization from FDOT to move forward on that. Mayor Edelcup said that the City's armiversary weekend is June 18-19, and hopefully we would have the grand opening of the Park on Saturday, June 18. Even though the Park will be officially opened on May 31 , we would ask people to stay out of the Park until June 18th to give the landscaping, particularly the trees and grass, an opportunity to take root. Cultural and Human Services Director Simpson noted that hopefully we will have a catering agreement for the armi versary party on the next agenda. 12B. Discussion/Status Report on the Sunny Isles BeachlNewport Fishing Pier. Action: Public Works Director Gio Batista reported that the demolition on the land side of the Fishing Pier is pretty much complete. They are proceeding to do test pilings, monitoring, taking pictures of the Newport Hotel area, and it is moving along very well. Commissioner Scholl noted the great aerial showing the demolition of the Pier. Mayor Edelcup said if all goes well, it may be ready for our 15th anniversary party next year. 7 Summary Minutes: Regular City Commission Meeting March 17,2011 City of Sunny Isles Beach, Florida 12C. Add-On: Discussion regarding a Potential Lease Agreement for Dock Space at Bella Vista Bay Park. Action: [City Clerk's Note: Distributed prior to the meeting. See additional action under Item 4A.] Cultural and Human Services Director Susan Simpson reported that the Sir Winston Yacht was purchased by another owner, who is now requesting a lease agreement for dock space at Bella Vista Bay Park. They will pay $1,600 per month in advance, and it will be on a month-to-month basis for now, as we are doing improvements at the Park. Mayor Edelcup asked if this is the same yacht, and if we would have the opportunity to lease it for a City event, and Director Simpson said yes and that they are willing to discuss a better rate than we had with Sir Winston because they are allowing us to have our own caterer. Commissioner Scholl asked if the Commission has to approve it, and Director Simpson said no as in 2008 the Commission gave the City Manager authority to approve the agreements to lease dock space. She also noted that she received a phone call today from someone who has a 22-foot boat and is interested in leasing dock space from the City. 12D. Add-On: Discussion regarding the Status of Offshore Events Agreement. Action: Mayor Edelcup asked how do we stand with Offshore Events, and City Attorney Ottinot said that their attorneys advised him that all outstanding debts with respect to vendors, with the exception of Steiger and Steiger who have some issues because there is a business relationship involved, but Offshore Events have agreed to pay all vendors, and he has a copy of that. Mayor Edelcup asked about their agreement, and Cultural and Human Services Director Simpson said we have been holding off executing the agreement based on this issue. She noted that he called her saying that he now has a presenting sponsor which is offsetting the money, and Mayor Edelcup said to make sure there are no outstanding claims, and to go ahead with the agreement. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Mayor Edelcup noted that there are several residents here tonight to discuss Noise at the Skate Park in Town Center Park. Action: Former Commissioner Gerry Goodman read into the record a letter from Audrey Bekoff, Vice President of Winston Towers 600, that she was in favor of the Skate Park. Several people spoke saying they were in favor of the Skate Park but that something needs to be done about the unbearable noise at the Park, such as sound proofing it. Public Speakers: Gerry Goodman; Alexander Collins; Jaclyn Matityahu; Ruth Matityahu; Shai Matityahu; Rachel Beyola; Ellis Beyda; Commissioner Gatto said she also lives at Winston Towers right over the Park and it is a continuous unique loud noise, along with kids screeching, etc., seven days a week, ten hours a day. She said it was built without doing a sound study, and she knows that the City is now looking into this and that they are going to rectifY it. 8 Summary Minutes: Regular City Commission Meeting March 17,2011 City of Sunny Isles Beach, Florida Mayor Ede1cup said if anyone is skating there after hours to let the Police Department know so they can send someone there. He also noted that a study is being made and we are waiting on that report to determine what alternatives are available. Vice Mayor Thaler noted that they did discuss sound and noise, and that is why there is a cover over it. The City spent over $100,000 on it to contain the sound, and so the fault was that we did not get the right cover, not that the City didn't take it into consideration. 14. ADJOURNMENT Mayor Ede1cup adjourned the meeting at 7:31 p.m. Respectfully submitted by: Approved by the City Commission on April 21, 2011 .~ l\-~ Jane A. Hines, CMC, City Clerk 9 Preview Page I of I City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMO~NPUl\1: TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 4/2I/2011 RE: Summary Minutes for the March 17, 20 I I City Commission Meeting RECOMMENDATION: Attached for your consideration are the Sunnnary Minutes for the March 17, 2011 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes Agenda Item ~A. Date http://sibagenda.sibfl.netlagendalPreview.aspx?ItemID=4 73&MeetingID=0&MeetingDate... 3/18120 II