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HomeMy WebLinkAbout2011-0615 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Wednesday, June 15,2011,6:30 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 I 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 City Manager Alan J. Cohen City Attorney Hans Gttinot Assistant City Clerk Mauricio Betancur Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE I INVOCATION Action: Former Commissioner Roslyn Brezin led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum, and welcomed our new City Manager Alan J. Cohen to his first official City Commission meeting. Vice Mayor Thaler announced that at 4:00 p.m. today the Miami-Dade County School Board renamed the School here in Sunny Isles Beach for Norman S. Edelcup. Mayor Edelcup said it is a great honor and he appreciates this honor that the School Board gave him. He believes the School changed the direction of our City and created a younger demographic group. Cities that keep young keep growing, cities that stop growing don't attract young people to a city. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - May 19,2011. Action: Commissioner Scholl moved and Vice Mayor Thaler 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 (AdditionslDeletions/Amendments) 4A. Request to Hear Items: Add-On: Item 7B. Ordinance to Amend Chapter 98 Alcoholic Beverages; and, Item 12B. Discussion regarding SeaDuction Floats; Hear Item 7 A with lOA; Hear Out of Order: Item ION after Item 7B. 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 June 15,2011 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Presentation by North Miami Beach Optimist Club/Little League Baseball Program to the City of Sunny Isles Beach. Action: Erica Chow, President of North Miami Beach Little League, thanked the Mayor and City Commission for what they do for them. She said there are 325 kids in the program, and they would not be able to provide the service that they do without the help of the City of Sunny Isles Beach by donating the field time to them. She noted that they are sending teams to the Little League World Series. She presented a Plaque to the Commission for their continued support. She noted that Commissioner Aelion sponsored a team in the name of Sunny Isles Beach. She introduced newly elected Mayor George Vallejo of North Miami Beach who is on the Board of Directors, and Chief Umpire of the North Miami Beach Little League. 6. ZONING None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 26 of the City Code to Accept the Charter Provision Set Forth in Said Chapter and Approved by a Majority of the Voters on May 24, 2011 According to Official Results to Amend the City Charter by 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 Qualifying; Providing for Permission to Make Technical and Stylistic Amendments; Providing for Repealer; Providing for Severability; Directing the City Clerk to Amend the City Charter in Accordance with the Election Results and this Ordinance; Providing for Inclusion in the City Charter and Code; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard with Item lOA.] Assistant City Clerk Betancur read the title, and Mayor Edelcup reported. Public Speakers: none The proposed ordinance was approved on first reading by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, July 21, 2011, at 6:30 p.m. Vote: Commissioner Aelion Commissioner Gatto Commissioner Scholl Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes 2 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach. Florida 7B. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 98 of the Code of Ordinances of the City of Sunny Isles Beach regarding Alcoholic Beverages; Providing for Severability; Providing for Repealer; Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: This item was added to the agenda, see action under Item 4A.] Assistant City Clerk Betancur read the title, and City Attorney Ottinot reported that under the current City Code, a liquor package store must be at least 750 feet from a church or school, and the purpose of this amendment is to include a public park as a buffer zone from a liquor package store. Public Speakers: none Commissioner Scholl asked if the existing stores are grand fathered in, and City Attorney Ottinot said yes. Commissioner Scholl asked if you sell your business does that grandfathering get conveyed with your business, and City Attorney Ottinot said yes, that location is grandfathered in. Vice Mayor Thaler clarified that this is an oversight that is being corrected by adding Parks. 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 of 5- o in favor. Second reading, public hearing will be held on Thursday, July 21, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes [City Clerk's Note: Item lON was taken out of order and heard after Item 7B.] 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None 3 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Results of the Special Election Held on Tuesday, May 24, 2011, on a Proposed Amendment to the City Charter; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard with Item 7A.] Assistant City Clerk Betancur read the title, and Mayor Edelcup reported. Public Speakers: none Resolution No. 2011-1722 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, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984, to Expend up to $34,943.00 from the Federal Forfeiture (DOJ) Funds for the Purchase of Lightning Prediction and Warning System, and Surveillance CameraslEquipment (Amendment) for Heritage Park; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Police Chief Fred Maas reported. Public Speakers: none Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1723 was adopted by a voice vote of 5-0 in favor. 1Oe. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of Bid No. 11-05-03 to and Entering into an Agreement with Action Labor Management d/b/a Staffing Connection for School Crossing Guard Services, in an Amount Not to Exceed $112,914.00, Attached Hereto as Exhibit "A", Based on the 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: Assistant City Clerk Betancur read the title, and Police Chief Fred Maas reported noting that it would be the same number of School Crossing Guards at a slightly less cost. Public Speakers: none Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1724 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach. Florida lODe A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of Bid No. 11-04-02 to and Entering into an Agreement with Castle USA Corporation for Design and Construction of the Fabric Canopy Structure at Heritage Park, in an Amount Not to Exceed $128,236.00, Attached Hereto as Exhibit "A", Based on the 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: Assistant City Clerk Betancur read the title, and Public Works Director Gio Batista reported noting that this cost includes a $20,000 contingency based on the RFP allowing for additional review of the stage lighting system. Public Speakers: none Vice Mayor Thaler asked what the timeframe is, and Public Works Director Batista said according to the RFP 120 days which will be negotiated taking us into October. However, we are trying to reduce that time to 70 days, depending on the outcome of the design we are looking at, and Mayor Edelcup said as long as it is completed by October 14, 2011. Mr. Batista said in response to Commissioner Aelion's question, the warranty on the canopy structure is for ten years, and according to the Florida Building Code, it will withstand up to 150 MPH winds with a caveat that it will be removed at 75 MPH winds, and is waterproof. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1725 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. 11-04-03 to and Entering into an Agreement with A & A Drainage & Vac Services, Inc. for Storm Water Catch Basin Cleaning & Line Jetting Services, in an Amount Not to Exceed $40,320.00, Attached Hereto as Exhibit "A", Based on the 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: Assistant City Clerk Betancur read the title, and Public Works Director Gio Batista reported noting that this RFP is a substitution through the Purchasing Department. We need a contractor to clean and maintain our stormwater lines under the NPDES which is the National Pollution Discharge Elimination System permit that we have. If we extrapolate the cost to cover the entire City, under our previous contract it would roughly be $140,000 or more, with the help of Purchasing Agent Marc Tulloch who sought a co-op contract, he found that to do the entire City at this point under this contract, it is now costing us $40,320. Mayor Edelcup recognized Purchasing Agent Tulloch for saving the City $100,000, and noted that he has done a great job in helping to reduce the cost of operating our City, and as the Mayor, a Commissioner, and a taxpayer he thanked him for saving the City some money. Public Speakers: none Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1726 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of Bid No. 11-05-01 to and Entering into an Agreement with Namin Construction Company, Inc. for Bella Vista Bay Park Improvements, in a Total Amount Not to Exceed $375,807.00, Attached Hereto as Exhibit "A", Based on the 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: Assistant City Clerk Betancur read the title, and Public Works Director Gio Batista reported this is for Bella Vista Bay Park improvements including a kayak launch concession stand. This cost is $12,907 over the base bid to include the alternative which replaces the pressure treated wood with PVC decking which is longer lasting and less maintenance. He noted that the timeframe for this project to be completed is about 14 weeks from the time of issuance of the Notice to Proceed. Public Speakers: none Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1727 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 Purchase and Installation of a Lightning Prediction and Warning System for Heritage Park from Thor Guard, Inc. in an Amount Not to Exceed $17,925.00, Attached Hereto as Exhibit "A", as a Sole Source Vendor; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Public Works Director Gio Batista reported noting that this company currentl y installs and maintains these systems for the City. This prediction system for Heritage Park includes a strobe to be placed at Golden Shores Park with no horn, however, the horn in Heritage Park will be heard. Public Speakers: none Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1728was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of Bid No. 11-05-02 to and Entering into an Agreement with Unique Charters for Transportation Services-Motor Coach Rental, in a Total Amount Not to Exceed $50,000.00, Attached Hereto as Exhibit "A"; Establishing American Coach Line of Miami as the Alternate, Attached Hereto as Exhibit "B"; 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: Assistant City Clerk Betancur read the title, and Cultural and Human Services Director Susan Simpson reported that this is primarily for Summer Camp field trips. The children are transported four days a week to different field trips throughout the summer. She noted that American Coach Line is a backup in case Unique Charter does not have enough vehicles available to us. The cost is covered through Summer Camp registration fees. 6 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Thaler asked if we have used Unique Charter before, and Ms. Simpson said no but they did provide transportation for the Tennis Tournament in Key Biscayne for two years and were very happy with them, and they used over 27 buses per day. Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1729 was adopted by a voice vote of 5-0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Purchase of Wall Plaques for Heritage Park from Gateway Monument Company, in an Amount Not to Exceed $17,300.25, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Cultural and Human Services Director Susan Simpson reported noting that these plaques will be installed on Friday morning (June 17,2011) at Heritage Park for the Veteran's Wall and the Commission Wall. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1730 was adopted by a voice vote of5-0 in favor. Mayor Edelcup reminded everyone that Cultural and Human Services Director Susan Simpson is hosting the Grand Opening of Heritage Park on Saturday, June 18, 2011 beginning at 4:00 p.m. and will be providing games, food, and entertainment, and he invited everyone to attend. Ms. Simpson said to also join us on Sunday, June 19,2011 for the City's 14th Anniversary Celebration at Samson Oceanfront Park beginning at noon. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Purchase of a Yamaha C7 Concert Grand Piano from Tony Siciliano's Piano Music Center for Pelican Community Park, in a Total Amount Not to Exceed $25,275.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Cultural and Human Services Director Susan Simpson reported that the University of Miami annually hosts a slightly used piano sale, and this piano is valued at $69,770. We have used it and it is perfect. Public Speakers: none Mayor Edelcup encouraged people to come to Pelican Community Park to hear our concerts. Commissioner Aelion asked what will become of our present piano, and Ms. Simpson said it will be placed on Gov.Deals or eBay. It was donated to us from Christine Lee's. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1731 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida lOK. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with Buildnet Corporation for the Purchase and Installation of Additional Surveillance Cameras in Heritage Park, in an Amount Not to Exceed $17,018.00, 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: Assistant City Clerk Betancur read the title, and Assistant City Manager/Services Vera reported noting that this is for additional cameras in Heritage Park and parking garage. Public Speakers: none Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1732 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Merit Bonus for Assistant City Manager Jorge Vera upon the Completion of his Service as Acting City Manager; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup reported proposing a $10,000 merit bonus be provided to Assistant City Manager Vera upon the successful completion of his services as Acting City Manager with thanks from the City Commission. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1733 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Create a Merit Base Compensation Program Consistent with Section 166.021, Florida Statutes; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup reported that this Resolution provides the City Manager authority to create an extra compensation program including merit bonuses to reward our outstanding employees. This is in response to a new State Statute that was recently passed. City Manager Cohen clarified that this is for the 2010/2011 Fiscal Year, and Mayor Edelcup said it would also carryon for succeeding years. Public Speakers: none Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1734 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Ground Lease and Development Agreement and Design-Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC., in an Amount Not to Exceed Ten Million Seven Hundred Thousand Dollars ($10,700,000.00), in Substantially the Same Form as Exhibits "A" and "B" Attached Hereto, to Design and Build an Upscale Lifestyle Center in Gateway Park Consisting of a Park, Parking Garage, and Restaurant(s); Authorizing the City Manager and the City Attorney to Negotiate Final Agreements with 4M Investors, LLC for Approval by the City Commission Within Thirty (30) Days; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This Item was taken out of order and heard after Item 7B. See additional action under Item 4A.] Assistant City Clerk Betancur read the title, and City Attorney Ottinot reported noting that on April 21, 2011 4M Investors came before the Commission and submitted a revised proposal, and the Commission accepted the proposal. Joe Milton is required to obtain Site Plan Approval with respect to its schematic proposal which was submitted on April 21, 2011 by no later than December 31, 2011, and is required to obtain and submit for both permits no later than June 30, 2012. Mr. Milton has agreed, upon the City's issuance of Notice to Proceed, to finish construction of the project in no more than 310 days. With respect to contract price for the permit aspect of the project, Mr. Milton has agreed to a price not to exceed $10 Million as the guaranteed maximum price for the project comprising the parking garage, city park and related amenities. There is also a contingency involved in respect to the site, if Mr. Milton is not able to secure an acceptable restaurant operator, the Commission can terminate the ground lease and move forward and develop the entire site as a park. In this case, the parties have agreed that 4M will expand the city park to include the additional 60,000 square feet of the property and will do so at a cost not to exceed $700,000.00. The ground lease is for 99 years, and Mr. Milton has agreed to provide the City with 30% of gross rent, that term based on workshop comment and what was discussed with the City Manager to clearly define what the gross rent is, and will tell Mr. Milton what the gross rent is. In respect to private development, Mr. Milton is required to build with development in conjunction with the public development, basically within the same timeframe on pulling a permit. There will be a permanent parking garage on the site, and the City will earn all revenues on the 308 parking spaces under the ground lease and the design-build agreement. City Manager Cohen reported that the Commission is approving, in substantially the same form, the contracts and the implication here is that the City and 4M have agreed in principal on the major points, but there is some tweaking that we need to do to the language in the contracts. The base price for this project is $10 Million and an additional carve-out of $700,000 for the additional park land if in fact the retail development does not take place. The actual cost of the retail parkland based on our staff assessment is $1.7 Million which number was developed both in-house and in discussions with Mr. Milton and his representative. The City and the Milton family are going into a partnership and are sharing risks in this partnership. The City is paying a little more up front but you can look at the upfront price in a number of different ways. Can we build a parking garage for less than $10 Million, probably but would we get the same quality product that we are going to get from this deal, no we would not. The reason he strongly believes that is that the Milton family has a strong vested interest in the success of this project because of the development they own on 9 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida the adjacent property. The success of our project and the partnership that we enter into will serve to enhance their project as well, and they have extensive experience in building these types of facilities. In the backend of the deal is where the Milton family is taking a larger share of the risk in saying that they will provide the City with 60,000 square feet of parkland for $700,000 when the actual cost for the City should really be $1.7 Million. If in fact they are in a position where they don't find a tenant for this property and they do have to provide this parkland to the City, they will provide it at a loss. Public Speakers: Cliff Schulman, Esq. Attorney Cliff Schulman representing 4M Investors, LLC said it was a pleasure dealing both with City Manager Cohen and City Attorney Ottinot in representing the City's best interests and he believes they have reached agreement on all major points. Commissioner Aelion noted that the cost was within industry standards. Commissioner Scholl asked if the City can unreasonably withhold approval of any restaurant tenant that they proffer, and City Attorney Ottinot said yes, that the City Commission has the final say. Vice Mayor Thaler said we have worked in every area of this contract to get everything up front, and to get the price as right as we could. Commissioner Gatto said she met with Assistant City Manager Vera and City Manager Cohen and she is satisfied. Mayor Ede1cup thanked staff for stepping up to the plate very quickly in getting this resolved. The City and the Milton family have been working on this for the past three years, and it is nice to be coming to a point of fruition on this project. Commissioner Scholl asked who is responsible for demolition of the site, and City Attorney Ottinot said that the City is responsible. City Manager Cohen said the Resolution before us has an amount not to exceed $10 Million, and so that should be amended to $10.7 Million. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution, as amended. Resolution No. 2011-1735 was adopted by a voice vote of 5-0 in favor. 100. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Temporary Hours of Operation for the Skateboard Park Located at Town Center Park; 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's Note: See action below, Item l2A.] After discussion it was the consensus of the City Commission to temporarily reduce the hours of operation at the Skateboard Park until the beginning of the school year on August 22, 2011. City Manager Cohen said the new hours would be Sunday through Friday from 1 :00 p.m. to 7:00 p.m., and on Saturday from 11 :00 a.m. to 7:00 p.m. with the understanding that the two hours on Saturday from 11 :00 a.m. to 1 :00 p.m. are restricted to pre-teen instruction only. Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1736 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding the Skate Park. Action: City Manager Cohen reported that he visited the Skateboard Park area yesterday, and was in Winston Towers 300 and in Salem House to get a personal sense of the issue. He wants the community to know that this is an issue that we are not only aware of but are taking it seriously and we are focusing more efforts on what we can do to not only mitigate the problem in the short run, but also the long run. Regarding the short run, a suggestion was made at the last Commission meeting to investigate reducing temporarily the hours of operation of the Skateboard Park, and Cultural and Human Services Director Susan Simpson has negotiated with the vendor and worked out some significantly reduced hours in comparison to the non-school hours which is where we are right now as school is over. City Manager Cohen said the current non-school hours are from 10:00 a.m. to 8:00 p.m., Monday through Saturday and 11 :00 a.m. to 8:00 p.m. on Sunday, and the vendor has agreed to a reduction in hours as follows: Sunday through Friday from 1:00 p.m. to 7:00 p.m., and on Saturday from 11:00 a.m. to 7:00 p.m. with the caveat that the additional two hours on Saturday morning would be specifically for a pre-teen instruction program. This is important because we are talking about a younger demographic that are not going to be doing the jumps and generating the level of noise that the older more adept youngsters would be, and is recommending that the City Commission approve these new hours. Public Speakers: Rachel Beyda; Jac1yn Matityahu; Commissioner Gatto thanked City Manager Cohen and Cultural and Human Services Director Simpson for their efforts in doing this. She did a comparison of the hours of current and revised hours, and the Skateboard Park is down really only four hours a week but she thinks it will make a difference. She understands that we still have a bigger issue which is the noise, and she knows we will be addressing that down the road. After public discussion, Mayor Edelcup asked City Manager Cohen to reiterate the new hours, and City Manager Cohen said the new hours would be Sunday through Friday from 1 :00 p.m. to 7:00 p.m., and on Saturday from 11 :00 a.m. to 7:00 p.m. with the understanding that the two hours on Saturday from 11 :00 a.m. to 1 :00 p.m. are restricted to pre-teen instruction only. Mayor Ede1cup asked if this covers school days as well, and City Manager Cohen said this is only until the beginning of the school year on Monday, August 22, 2011. Commissioner Gatto moved and V ice Mayor Thaler seconded a motion to approve the new hours as stated above. [City Clerk's Note: See additional action under Item lOa.] Commissioner Gatto said she had a conversation with the City Manager and asked him to take us to the next steps in terms of coming up with ideas, estimates, and bids for enclosing the Park or something along those lines in reducing the noise. Mayor Ede1cup said even though we have reduced the hours, that does not mean that we have stopped looking to see if II Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida there is an alternate solution to the problem, but in the interim this is a temporary measure until such time we are able to come up with a more permanent solution. 12B. Add-On: Discussion regarding SeaDuction Floats. Action: [City Clerk's Note: Correspondence and photographs were distributed prior to the meeting.] Mayor Ede1cup said this is a discussion and presentation by James Harrison of Atlantic Beach Clubs, Inc. and noted that material was handed out prior to the meeting. Mr. Harrison said he is the President of Atlantic Beach Clubs, and the inventor, patent holder and manufacturer of the SeaDuction line, and wishes to have this commenced in the City as its home base, and have done everything they can to accommodate their product line in the City. Vice Mayor Thaler said that staff had told him that this has been turned down by the City of Miami or Miami - Dade County, and Mr. Harrison said that is correct for use of the product in the recreation corridor, and he has had three meetings with them. They are under the belief that they don't wish to engage in any more permitting within the corridor, and believe that they are turning this over to the City of Sunny Isles Beach for total management of the beach. He said he told them he didn't think that would ever happen, and he spoke to City Attorney Ottinot who also said it would never happen. He said he doesn't want this near the public access areas or recreation corridors, he wants it in a more quiet area, and noted that he listed the parameters in his handout. Vice Mayor Thaler said he has no problem putting it in an unrestricted area but he does have a problem until staff comes back to him and tells him the reasons why Miami turned it down and are referring it to us. Mr. Harrison said he dealt with Mr. Ripple, the Operation Director of Miami-Dade County Parks and Recreation, and he got the impression that they want to shove it off to the City. They feel if they had to permit a float that it would force them into permitting every County Park. City Manager Cohen said he would investigate this and he understands there are staff concerns here as well as at the County level, but he also knows there is interest in this activity, whether or not we can find common ground he can't say but he will investigate it. Mayor Edelcup said to defer this to the City Manager doing his survey internally in the City along with City Attorney Ottinot as to the legal ramifications. The type of amenity that is being presented to us certainly is conducive to the tourist atmosphere that we have in the City and he would like to see if there is a way we can accommodate this kind of amenity as long as it is properly controlled and safe for the environment. He is in favor of the concept, whether or not we can execute it and come up with the right controls and regulations of our City without also advocating or receiving anything from the County that we don't want to receive which is total control of the beach. With that said if you can do a study of this issue and see if it can be accommodated, and if it can be to bring it back before the Commission. Commissioner Aelion asked if this would have an effect on the turtle season, and what the width ofthe float is. Mr. Harrison said he asked Wesley Seech ofDEP if this would interfere with the turtle season, and he said no; the float is six (6) feet in width and seven (7) feet in length. Commissioner Aelion said Item 10 on the handout in setting the parameters, you are suggesting not to exceed six (6) per property. Mr. Harrison said he set the parameters to no less than 30 feet apart. 12 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida Commissioner Scholl said he received a call about three months ago from a business person that wanted to do something on the beach, and he told that person that we don't own the beach, to go to the County. That person called him back three weeks later and said that the County said if it is okay with the City it is okay with them, as they don't want to regulate your beach anymore, which is a very similar comment received from Mr. Harrison. The County cannot cede control to us, they can do it as kind of a facto-ceded but they can't hold us responsible for taking care of the beach because they are not permitting. Vice Mayor Thaler said this instrument should not be used until it is approved, and it has been on the beach and he thinks it should be taken off until we approve it. City Manager Cohen said he would concur with Vice Mayor Thaler and if you are here in good faith and you want us to pursue this, then to deploy these without our permission would be acting in bad faith and it would not put you in good stead with this City. Mr. Harrison said he voluntarily has not put them out since he was told through the Permit Office, Helena Forbes. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Dawn Spillane, Nadeen Spillane, and Juan Crespi regarding the Basketball Court at Heritage Park and Access through Golden Shores Park Tot Lot. Action: Dawn Spillane said she has not seen anything distributed on this item. Mayor Ede1cup said it was discussed at a Workshop and the Commission gave City Manager Cohen instructions to send the letter out sometime after July. Ms. Spillane asked if the gate will be locked meanwhile, and Mayor Ede1cup said no, however it will be locked after Park hours. Cultural and Human Services Director Susan Simpson said Park hours for the remainder of June is from 3:00 p.m. to 9:00 p.m. to allow the construction company to finish up. Once that is completed, the hours will be 7:00 a.m. to 9:00 p.m. the same as Town Center Park. Ms. Spillane asked if the air quality test was ever done, and last night at 9:45 p.m. kids were out there playing basketball, and she called the Police that someone had broken a bottle there. Mayor Edelcup said that we are opening the Park on Saturday, June 16, 2011 and that the security cameras were approved at tonight's meeting and will be in operation as soon as they are installed. In the interim when the Park opens on Saturday, the Police Department will be incorporating it into their route. Whether there is a basketball court there or not, the issues raised will still be there because we have always had parking under the Lehman Causeway, we have always had people come to that area and now that we have activities there, if anything, we are increasing whatever security that used to be there to a higher level. As it pertains to the entrance gate at that Park, that gate is there because the majority of the residents of Golden Shores came to our Commission meetings when we were designing that Park and pleaded with us to put that gate there, and we have honored that commitment. We have reached an impasse where we will not resolve this issue to everyone's liking, and so we are going to do the best we can to reach a compromise. We have made every honest effort that we can to improve the quality of life in Sunny Isles Beach to give the children the opportunity to have a place to play that is going to be safe for them, and that is going to have more security. City Manager Cohen said there is also another element that is under review right now. Staff has looked at the pathway running through the Park, and has determined that there is an alternative route that they will be working on in the weeks ahead to ensure that bicycle traffic does not intersect or interact with the children that are playing in the Park. Weare looking into putting in a new walk around that area so that the bicycles don't go through it. 13 Summary Minutes: Regular City Commission Meeting June 15,2011 City of Sunny Isles Beach, Florida Juan Crespi said he originally brought this request to the Commission about a year ago, and he thanked the Commission for that, and he also submitted a document outlining how, when, and where to get from Golden Shores to Heritage Park which was the extreme west side of the Park in an enclosed separate bike or pedestrian access totally detached from the Tot Lot. The City has moved the gate from a remote area to where the toddlers play. It is dangerous and you should block it up and reconsider as you did not follow the request. We still have a problem of getting from point A to point B, going off on 191 st into Collins into the down ramp from William Lehman Causeway, cars are going 50 to 60 miles per hour, nobody uses the sidewalk, everybody is jaywalking through that median and landscaped area, under the other down ramp and into the Park or the beach. That is a death waiting to happen as kids are not going to use that route, and it is a kid after a ball that is going to run into the street. The issue of kids playing basketball is great, however, it has to be accessible to them, it has to be friendly and he heard that the kids will have to pay to play. But how are the kids going to get from our neighborhood to the Park, you have got to move that gate to where it was originally suggested, separately fenced so that the kids do not run over the toddlers, and there is no gate on the property. Now we have a barrier where the kids can hide behind, we want the kids to be safe, we want the planting to be safe, and we want visibility. You need to put in a permanent gate, a safe path through Collins where there are no ways or means to jaywalk, and there is a natural trail already there at the end of North Bay Road next to the water pump, and all the kids are taking it. There is an opening between the pump and the first resident. Vice Mayor Thaler said that Mr. Crespi is right, it was discussed at the Workshop, and there are drawings that were discussed a year ago to move the walk into the corner and bring it out to the street from there. That would require a fence to be put up and we had talked about putting plants there but it would not help with tots running out into the street. Perhaps we need a fence from the toddler area and split the Park, so that there is a toddler area and an area for people to come through with their bikes or walk through, that is something to look at. Somewhere along the way it can be worked out, and the gate should be open to let the people come through to the Park. Mr. Crespi said it doesn't make sense to keep that gate open. Vice Mayor Thaler said the other people that called had said it is great, they can now get through to the Park, within your own community there is a deep split as to if it should or should not be open. It will be resolved, and we are looking at it. 13B. Former Commissioner Gerry Goodman congratulated Mayor Ede1cup on the well deserved naming of the School, and noted that the school is located on Gerald "Gerry" Goodman Street. They have been together in this City for 13 years, and now will be close together forever. He congratulated the Commission for working to get the School named after the Mayor. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8: 14 p.m. Respectfully submitted by: Approved by the City Commission on July 21,2011 -- - _ (7--' I~' ':~ ~~~, ~~) Jane A. Hi~es,'CMC, City.~lyrk " . - 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: 7/21/2011 RE: Summary Minutes for the June 15,2011 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the June 15, 2011 Regular City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes http://sibagenda.sibfl.netlagendalPreview .aspx?I temID=528&MeetingID=0&MeetingDate,.. 6/24/2011