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Home My WebLink About2011-0404 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Monday, April 4, 2011, 10:00 a.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 by Mayor Edelcup at 10:00 a.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto (absent) 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 Action: City Historian Richard C. Schulman led the Pledge of Allegiance to the flag. Mayor Edelcup gave opening remarks. City Attorney Ottinot said that both titles (3A and 4A) are similar and can be read into the record to be heard together. 3. ORDINANCES FOR SECOND READING (Public Hearings) 3A. 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 Prior to 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. (First Reading 03/17/11) Action: City Clerk Hines read the title, and City Attorney Ottinot reported and noted that in order to ensure that this proposed Charter Amendment is effective, if passed by our voters, for the 2012 Election, we will try to piggyback on the County's Special Election in May, and hopefully the County will allow us to have this proposed Charter Amendment on the May Election. He asked the Mayor and City Commission to call County Commissioner Sally Heyman to ensure that we are able to get on the County's May 24 Special Election. Public Speakers: None Commissioner Aelion suggested changing the wording of the Amendment from "at the time of qualifying" to "prior to qualifying", and it was the consensus ofthe Commission to make Summary Minutes: Special City Commission Meeting April 4, 2011 Sunny Isles Beach, Florida this change. Vice Mayor Thaler asked if it is not on the May Special Election, when is the next time it will get on, and City Attorney Ottinot said in January 2012, but the problem we may have if it is adopted in January 2012 is that our Municipal Election is in November 2012, and qualifying is in August, and so you want to give an adequate notice, the more notice the better off you are. Mayor Edelcup said that we should give everyone a year because otherwise it would not be fair. He doesn't see how it can take effect until at least a year from the time the Ordinance is effective. City Attorney Ottinot said that is fair and legally permissible from his standpoint. A year is generally adequate notice under the law, and so we can revise that to indicate that this Ordinance will be effective for the 2012 Election if a year has elapsed since its adoption. Mayor Edelcup said we also have the choice of calling our own Special Election, and so we can still do it in sufficient time, we just have to pay for that Special Election out of our own funds, but to get it done we need to be able to make that decision as well, and ifit doesn't get on the May 24 ballot, why don't we reconvene and decide if we want to call a Special Election so we get the year in there. City Attorney Ottinot said with the Commission's direction, he and City Clerk Hines can ask for a Special Election. Mayor Edelcup asked that we adopt the Ordinance with those changes, and City Attorney Ottinot clarified that the changes included the words "prior to qualifying", and that the effective date is at least a year from the day it is adopted. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to adopt the ordinance, as amended. Ordinance No. 2011-363 was adopted by a roll call vote of4-0- 1 (Commissioner Gatto absent) in favor. Vote: Commissioner Aelion yes Commissioner Gatto absent Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 4. RESOLUTIONS 4A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Calling for a Special Election on a Proposed Amendment to the City Charter to be Held on May 24, 2011, to Consider Providing for an Amendment to the City Charter as Follows: 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 Prior to at the Time of Qualifying; Providing for Permission to Make Technical and Stylistic Amendments; Providing for Copies of the Resolution and Ordinance for Charter Amendment to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Requiring the City Commission to Enact an Enabling Resolution; Providing Requisite Ballot Language for Submission to Electors; Providing for Severability; Providing for Notice; Providing for an Effective Date. 2 Summary Minutes: Special City Commission Meeting April 4, 2011 Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Attorney Ottinot Reported. The Amendment wording changed from "at the time of qualifying" to "prior to qualifying". Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution, as amended. Resolution No. 2011-1698 was adopted by a voice vote of 4-0-1 (Commissioner Gatto absent) in favor. 5. DISCUSSION ITEMS SA. Add-On Item: Discussion/Update on the Pedestrian Bridge. Action: Acting City Manager Vera reported that they are putting the Pedestrian Bridge Project packages together to send to DERM regarding the mitigation, etc., and part of that package is signed and sealed plans for the drainage. The plans were not found, and so they called Marlin Engineering, and in talking to them they said that they were terminated in July oflast year before the plans were complete. The drainage calculations and the drainage plans were about 90%+ complete. He said that Marlin Engineering is getting back to him today to see if they will proceed. Right now we are also looking to get quotes from other companies to finish the calculations for us, and sign and seal those plans so we can proceed. The structural portion of it is complete, it was done by BH&A. We are okay with the Pier, they are signed and sealed. As soon as we get quotes or if Marlin Engineering comes back to say they will finish the job, then he will come back to the Commission. Mayor Edelcup asked if Marlin Engineering was paid for 90% of the job, and Acting City Manager Vera said yes. Mayor Edelcup said then that logic would say that if we can save some money, the better part of valor would be to talk to Marlin Engineering, and they can earn some extra dollars. He said that they should be part of the bid process. Commissioner Aelion asked about the timeframe, and Acting City Manager Vera said he is already getting quotes to review the plans, and so he is still shooting for the same time frame for next year. Commissioner Aelion noted that Police ChiefMaas is here and he is sure he is unhappy because we are taking a risk without the bridge. Vice Mayor Thaler noted that he spoke to some Firemen at the tennis matches last week about the bridge, and their eyes lit up, they had no idea that we were going forward with this project. They said the bridge will save them time because they are always getting stuck on Collins A venue. Mayor Edelcup said for the safety of the residents, we must have the bridge. It was the consensus ofthe Commission to go forward and get this done as soon as possible. 6. ADJOURNMENT Mayor Edelcup adjourned the meeting at 10: 14 a.m. Respec \ lly submitted by: A proved by the City Commission on Ap' Iii 21, 20 II . A-~ ;J Jane A. Hines, CMC, City <;lerk an S. Edelcup, Mayor 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: 4/21/2011 RE: Summary Minutes for the April 4, 2011 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the April 4, 2011 Special City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes Agenda Item t.:s~ Date http://sibagenda.sibfl.net/agendalPreview.aspx?ltemID=4 7 6&MeetingID=0&MeetingDate=... 4/4/2011