Loading...
HomeMy WebLinkAbout2011-0915 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, September 15,2011,6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Ede1cup at 6:30 p.m. with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl City Manager Alan J. Cohen City Attorney Hans Ottinot Assistant City Manager Jorge Vera City Clerk Jane A. Hines, CMC 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Former Commissioner Roslyn Brezin led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Ede1cup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - July 21,2011. 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: Revisions: Item 7E. Cover Memo and Exhibit "A", Budget Amendment; Deferral: Item lOE.1. Agreement with Calvin Giordano for Pier Project; Withdrawn: Item lOE.2. Award RFQ to Calvin Giordano for Pedestrian Bridge Project; Revision: Item lOF. Resolution to Approve Agreement with BG Group for Demolition Services; Additional Information: Item lOX. Amendment to Revised Letter of Intent from Weintraub Group; Withdrawn: Items lObb & lOcc. Name Beach Accesses. Action: Mayor Ede1cup noted the above changes to the agenda. Vice Mayor Thaler 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 September 15, 2011 City of Sunny Isles Beach, Rorida 5. SPECIAL PRESENTATIONS SA. Recognition of the Following Norman S. Ede1cup / Sunny Isles Beach K-8 Students (Academic Year 2010-2011) for their Dedication in Helping their Fellow Students in the School's Chess Club master the complex and challenging game of Chess: Leo Levain, Michael Talalaevsky, Allison Bouganim, Andrea Junco, and Teacher Faith S. Hutin. Action: Mayor Ede1cup and the Commission presented Certificates to the students, and Marianna Talalaevsky accepted for teacher Faith Hutin as she was out of the country. 5B. A Certificate of Appreciation to be Presented to the Winners of the Greater Miami and the Beaches Hotel Association (GMBHA) Inn Key Award: Trump International for the "Employee Relations" A ward for a Hotel with Over 200 Rooms; and to Alberto Ruiz, of the Acqualina Resort and Spa, for "Engineer Achievement" A ward. Action: Mayor Ede1cup and the Commission presented Certificates to representatives from the Trump International, and to Alberto Ruiz of Acqualina Resort. 5C. A Proclamation to be Presented Proclaiming October 29, 2011 as "Alzheimer's Association 2011 Miami-Dade Walk to End Alzheimer's Day" in the City of Sunny Isles Beach. Action: Mayor Ede1cup read the Proclamation into the record and, on behalf of the Commission, presented the Proclamation to a representative from the Alzheimer's Assoc. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 26-6 of the City Code to Revise the Qualifying Period Dates of the General Election for the Office of Mayor or City Commissioner; Providing for Repealer; Providing for Severability; Providing for Inclusion in the City Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported noting that this is at the request of the Miami-Dade County Elections Department. Qualifying dates would move a week earlier to August 14 - 17,2012 for the November 6,2012 General Election. 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 of 5- o in favor. Second reading, public hearing will be held on Thursday, October 20, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 2 Summary Minutes: Regular City Commission Meeting September 15, 20 II City of Sunny Isles Beach, Rorida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Article V of the City Code by Creating a New Section 265-24, Entitled "Private Purchase of Air Rights Not as Part of the Transfer of Development Rights Program" ("TDR Program"); Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported noting that this clarifies the City's ordinances that the transfer of air rights in no way transfers any kind of developable rights which are only transferable through our TDR Program. If there is a sale or transfer of air rights from a low-rise building to a high-rise building the builder of the high-rise building cannot use any of those rights in making his building any bigger. All he can do is assure himself that the low-rise building next to him will not be built higher. At a future date if that low-rise building is demolished, they can only build to that same height of the old building because the air rights have been sold or they have to renegotiate and try to reacquire the air rights to build any higher. Public Speakers: none Commissioner Scholl said to effectuate the goal of not building a higher building next door they would really be buying a deed restriction, and what the Mayor is concerned about is that he never wants the air rights ever to be construed as a transfer of developable rights from one property to another like we do with the TDRs. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, October 20, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 14-16 of the City Code to Authorize Code Enforcement Lien Search Fees; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported that this ordinance is incorporating these fees into Code Enforcement Chapter 14, and also increasing the fees by $25 for the research. Public Speakers: none Vice Mayor Thaler moved and Commissioner Gatto 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, October 20, 2011, at 6:30 p.m. 3 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida Vote: Commissioner Aelion Commissioner Gatto Commissioner Scholl Vice Mayor Thaler Mayor Ede1cup yes yes yes yes yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 267.2(B) of the Code of Ordinances of the City Sunny Isles Beach, Providing for Adoption of a Revised Fee Schedule for Planning and Zoning Services; 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 Assistant City Manager/Services Vera reported that the current fees for Planning and Zoning is on a lump sum basis and sometimes it gets confusing for applicants, especially for the single families and the smaller commercial uses. This ordinance is providing a detailed cost associated with the application and segregates the applications as to reducing fees on the size of the development that is being proposed. 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, October 20, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2010-352; Amending the City's Budget for the 2010-2011 Fiscal Year; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; and Providing for an Effective Date. Action: [City Clerk's Note: A revised Cover Memo and Exhibit "A" were distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and Assistant City Manager/Finance Minai Shah reported noting that this amendment is being presented as an ordinance, however, some of the budgetary amendment items can be passed via a resolution based on the overall impact of the budget. She noted that the cover memo and amendment were revised omitting items E and F. Public Speakers: none Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, 4 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida October 20, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 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 Planning Agency of the City of Sunny Isles Beach, Florida, Approving and Recommending an Ordinance Entitled "Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan", Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. LPA Resolution No. 2011-66 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, Entitled "Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan"; Providing for Transmittal to the Florida Department of Community Affairs; Providing for Inclusion in the Code; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 07/21/11) Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported that this is to change the Comprehensive Master Plan regarding the properties that the City has purchased and to change them into open space park, and this is the final step. Public Speakers: None Mayor Ede1cup explained that this is a housekeeping chore where the land that was previously zoned for business or other uses is now being zoned for parks. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the ordinance. Ordinance No. 2011-366 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 Ede1cup yes 5 Summary Minutes: Regular City Commission Meeting September 15.2011 City of Sunny Isles Beach, Rorida 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-52.A.(21) and 265-57 of the Code of Ordinances of the City of Sunny Isles Beach; Providing for Temporary Off-Premises Open House Signs; Providing for Registration Requirements and Penalties; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 07/21/11) Action: City Clerk Hines read the title, and Commissioner Aelion reported. City Attorney Ottinot noted that real estate brokers could place open house signs off premises for 24 hours and remove the sign within 24 hours, and if not removed the City can impose penalties against that real estate broker. Public Speakers: None Mayor Ede1cup noted that this is strictly for single family homes. Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2011-367 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 Ede1cup yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 68-2 (A) of the City Code to Provide Reimbursement for Mileage in Accordance with Rates Established by the Internal Revenue Service; Providing for Severability and Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 07/21111) Action: City Clerk Hines read the title, and City Manager Cohen reported noting that this provides a more equitable arrangement for City employees that are being reimbursed for mileage. The IRS adjusts the rate at least annually, if not more often. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2011-368 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 Ede1cup yes 6 Summary Minutes: Regular City Commission Meeting September 15.2011 City of Sunny Isles Beach, Rorida 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Additional Signage from Graphplex Signs for the Beach Area, Municipal Parking Area, and Replacement of Old Signage, in an Amount Not to Exceed $33,475.00, Attached Hereto as Exhibit "A", Under the City of Weston RFP No. 2009-03; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported noting that the majority of the signs will be placed along the beach area to replace public beach signs regarding beach rules, ie. no dogs allowed on the beach. We are also replacing the City logo that is on the FPL substation at the entrance to the City, and we are buying additional signs for the parking garages for the pay and display meters. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1754 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, Canceling the Agreement Between the City of Sunny Isles Beach and American Traffic Solutions, Inc. ("A TS") for Traffic Safety Camera Program; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 07/21/ 11) Action: City Clerk Hines read the title, and City Attorney Ottinot said after litigation had ensued relating to the legality of the Red Light Camera Program, the City Commission instructed staff to suspend the program in 2009, and the Commission asked that we terminate the program. This resolution will instruct the City Attorney to give notice to A TS, the operator of the Red Light Camera Program, that the City no longer wants to continue the program. Under the contract, after three years we have a right to terminate with no penalty. Public Speakers: None Mayor Ede1cup noted that we will still be enforcing traffic laws via our Police Department. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1755 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, Authorizing Mayor Norman S. Ede1cup as the City's Delegate to the Miami-Dade League of Cities and Vice Mayor Lewis J. Thaler as the Alternate to Attend Meetings During Fiscal Year 2011/2012; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: None 7 Summary Minutes: Regular City Commission Meeting September 15, 20 II City of Sunny Isles Beach, Rorida Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1756 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, Establishing a Schedule for City Commission Meetings for Calendar Year 2012; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported that the meetings are scheduled on the third Thursday of the month with the exception of Mayas he had a conflict and requested that it be the second Thursday in May. There will be no meetings in August. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1757 was adopted by a voice vote of 5-0 in favor. 10E.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFQ No. 11-07-01 to and Entering into an Agreement with Calvin Giordano and Associates, Inc. for Special Inspection, GeotechnicaVContract Administration Services for the Newport Pier and Restaurant Project, in an Amount Not to Exceed $434,532.50, 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: See additional action under Item 4A.] Deferred to a Special City Commission meeting on September 20,2011 at 6:30 p.m., following the Second FY 2011120 12 Budget Hearing. IOE.2 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFQ No. 11-07-01 to Calvin Giordano and Associates, Inc. for Special Inspection, GeotechnicaVContract Administration Services for the North Bay Road Pedestrian Bridge; Authorizing the City Manager to Negotiate and Agreement; 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: See additional action under Item 4A.] Withdrawn. IOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFP No. 11-07-03 to and Entering into an Agreement with The BG Group, LLC for Professional Demolition Services for Multiple City Properties; Approving an Agreement with The BG Group, LLC for Demolition Services at 16060 and 16100 Collins Avenue, in an Amount Not to Exceed $53,916.00, and Contingency Services in an Amount Not to Exceed $95,520.00, 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: Revised Resolution distributed prior to the meeting. See 8 Summary Minutes: Regular City Commission Meeting September 15, 2011 City of Sunny Isles Beach, Rorida additional action under Item 4A.] City Clerk Hines read the title, and City Manager Cohen reported that this is for demolition of properties that the City owns. The properties are currently occupied but are soon to be vacated. After demolition they will be developed into part of the Intracoastal Park system. Public Speakers: None Commissioner Scholl asked what the timing of the vacation is on these properties, and City Attorney Ottinot said October 8, 2011 for the Ari Steiger Building, and the other building will be April 2012. He said one of the tenants requested an extension of time, but the Commission said no. Commissioner Scholl asked about 167th Street, and City Attorney Ottinot said RK Plaza, 151 Sunny Isles Boulevard is December 31, 2011, and the Weiner Property where the strip club is located is no later than February 2012. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution, as amended. Resolution No. 2011-1758 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, A warding RFP No. 11-08-01 to Brown & Brown/Preferred Government Insurance Trust (PGIT) as the City's Provider for the Commercial Package Policy (Property, Liability, and Auto), Workers' Compensation, and Miscellaneous Insurance Coverage for the Period of October 1, 2011 through September 30, 2012, in the Amount of $638,623.00, as Outlined in Exhibit "A"; Authorizing the City Manager to Enter into Agreements with the Provider, 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 Hines read the title, and Assistant to City Manager/Human Resources Priscilla Walker reported noting that Bob Hollander from Brown and Brown was here for questions. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1759 was 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 an Agreement with Logistics Management Group to Provide Logistical and Event Management Services for the Fourth Annual Jazz Fest 2011 on October 13 - 16,2011, in an Amount Not to Exceed $65,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported. Public Speakers: None 9 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida Mayor Edelcup noted that this will be a four-day event, Thursday through Sunday. Ms. Simpson said on Thursday it will be at Pelican Community Park with the food truck and jazz music; on Friday it will be at Kitchen 305; on Saturday it will be at Heritage Park; and Sunday morning at Sole for a brunch. Tickets will be available on Tuesday, September 20, it will be on the website, and you can also purchase tickets in City Hall. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1760 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with All Star Events, Inc. to Provide Rides and Games for the City's Halloween Event October 28 - 29,2011, in an Amount Not to Exceed $11,980.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported that on October 28 - 29, 2011 we will be having our annual "Booogie by the Beach" Halloween event at Pelican Community Park. She also urged residents to get their resident ill card to get a discounted rate for the rides. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1761 was adopted by a voice vote of 5-0 in favor. IOJ. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing a Contribution in an Amount Not to Exceed $1,000.00 to Sponsor an Event on September 21, 2011 to Officially Dedicate the Community School as the Norman S. Edelcup / Sunny Isles Beach K-8; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup abstained passing the gavel to Vice Mayor Thaler. Cultural and Human Services Director Susan Simpson reported noting that the Community Center uses the school and we are partnering with them to host an event on September 21, 2011 to officially rename and dedicate the Community School as the Norman S. Edelcup / Sunny Isles Beach K-8. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1762 was adopted by a voice vote of 4-0-1 (Mayor Edelcup abstained) in favor. 10 Summary Minutes: Regular City Commission Meeting September 15, 20 II City of Sunny Isles Beach, Rorida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing a Contribution in an Amount Not to Exceed $1,000.00 to Co-Host an Opening Event on September 24, 2011 at Bella Vista Bay Park for the Annual Dragon Boat Race; 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 this event has been happening for the last two years at Haulover Park. The City of Sunny Isles Beach benefits from this event as their guests stay at our hotels, and it brings people in from all over the world. The City will be sponsoring a breakfast at Bella Vista Bay Park kicking off the event on Saturday, September 24, 2011 at 9:00 a.m. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1763 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 an Agreement with Aboard Publishing, Inc. to Provide Non-Exclusive Advertising Services Including the Publication of One (1) Issue of the City's Visitor Guide, in an Amount Not to Exceed $14,700.00, 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 Cultural and Human Services Director Susan Simpson reported noting that this is our annual City Guide that we publish. In addition to that, by using this company we get to have two pages in a hard cover book which is placed in 28,221 hotel rooms in the greater Miami-Dade County area that promotes our City. Public Speakers: None Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1764 was adopted by a voice vote of 5-0 in favor. 10M. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Payments to Expressions Arts for Program Instruction Provided by Expressions Arts for the Musical Theater Program, in an Amount Not to Exceed $13,759.22, 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 Cultural and Human Services Director Susan Simpson reported that we had a very successful program this year and with the Summer Camp enrollment, it put us over the $10,000 limit. The contract is a revenue split and so revenues were collected that covered the expense of the contract. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1765 was adopted by a voice vote of 5-0 in favor. ] I Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida 10N. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Payments for Program Instruction Provided by DBP Robotics Corp. for Camp Program Services, in an Amount Not to Exceed $17,018.80, 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 Cultural and Human Services Director Susan Simpson reported that this was also a very successful program, and again revenues were collected to cover this contract. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1766 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup also noted that next Wednesday (September 21, 2011) is our first Sunny Serenade, and Ms Simpson said it will be held at Samson Oceanfront Park and the Fabulons will be featured beginning at 7:30 p.m. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving First Amendment to Agreement with Argent Systems, Inc. for the Provision of Information Technology Support Services, in an Amount Not to Exceed $20,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Minai Shah reported that the City has been using Argent Systems for the past two years to provide IT support systems during vacancies or when we are down staffed. Public Speakers: None Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1767 was adopted by a voice vote of 5-0 in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Extending the Building Permit Issued to Mansiana Ocean Residences, LLC; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that as a result of a court hearing relating to this project, the property owner, the City, Commerce Bank, and Dezer Development were able to resolve an outstanding issue relating to permits for that project. The property owner owed the City $607,585.16 plus interest relating to outstanding building permits, and the Bank, on behalf of Dezer Development, the property owner, has paid the City that amount. As part of an agreed order that we filed in court, the City by operational law has to give them an extension of time in respect to the permit, the extension of time is up to two (2) years, and we have given an additional six (6) months to resolve some litigation issues. Additionally, the Bank and property owner has agreed to maintain the 12 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida property in accordance to City Code. If the property owner does not maintain the property, the Bank will take over maintenance of the property. He noted for the record that Gil Dezer, Warren Stamm, and Danny Tantleff are here to answer any questions. Public Speakers: None Commissioner Scholl reminded them about the Tropicana next door to them, and lots of agreements have been made to them and they have been fulfilled in a kind of haphazard manner, and if you could all sit with them again at some point to kind of allay their fears that there is a process now and that you are on track. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1768 was adopted by a voice vote of 5-0 in favor. IOQ. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of Change Order No. 2 to Agreement with Tenex Enterprises, Inc. for Atlantic Isles Roadway and Utility Improvements, in an Amount Not to Exceed $281,844.47, 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, Mayor Edelcup abstained and passed the gavel to Vice Mayor Thaler, as well as Commissioner Scholl as they are property owners. City Manager Cohen reported that most of the items were actually completed quite a long time ago and this is housekeeping. There is one item for additional asphalt that is a small component to this, and that is what is required to complete this project. The sewer project is done, the road project is done except for the last coat of asphalt. Once we get this Change Order approved, we will be able to issue a Notice to Proceed and finish the project. Public Speakers: None Vice Mayor Thaler said that the additional cost is about $28,000. Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1769 was adopted by a voice vote of 3-0 (Mayor Edelcup and Commissioner Scholl abstained) in favor. lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Fund Balance Policy for all Governmental Funds Consistent with Governmental Accounting Standards Board (GASB) Statement No. 54, 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 Assistant City Manager/Finance Minai Shah reported noting that the Fund Balance Policy serves three (3) purposes: 1) It clearly defines the different categories within the fund balance to be in compliance with GASB Statement No. 54; 2) Commission will need to commit to $10 Million remaining in the Emergency Hurricane Disaster Recovery Fund in order to be able to recover from whether it is a man- made or natural disaster; and 3) Establish a Fiscal Stability Reserve where it would equal 13 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida 25% of the General Fund operating expenditures, that we will build over the next six years. Public Speakers: None Mayor Edelcup asked how that additional reserve would work, and Ms. Minai said that it would assist the City to manage a cash flow, for example, during the first three months of the fiscal year we have ongoing operating expenditures but we are waiting for property tax revenues to come in, or if there are any other dips in revenues that cannot cover our operating expenses. Commissioner Aelion said then that the goal would be to have about $17 Million, and Mayor Edelcup said yes when you put them together. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1770 was adopted by a voice vote of 5-0 in favor. 10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Purchase of Server Equipment and Software from Dell for the Information Technology Departmen t, Under S tate of Florida Contracts #250-000-09-1 and #250- WSCA -10- ACS, in an Amount Not to Exceed $76,300.00, 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 Assistant City Manager/Finance Minai Shah reported this is to ensure the integrity of our IT infrastructure and to be able to support the cooperation of our City. These items include a storage solution, a virtual appliance system, and additional firewall. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1771 was adopted by a voice vote of 5-0 in favor. lOT. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Global Print Services, Inc. to Design, Print and Publish a Book Entitled" An Overwhelming Sense of Community Pride: The Architecture of Sunny Isles Beach", in an Amount Not to Exceed $18,000.00, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported that this IS In anticipation of the City's 15th Anniversary, the City has commissioned the Historic Preservation Consultant Ellen Uguccioni to author an architectural book that will highlight the City's world renown hotels, condominiums, and provide a medium for highlighting all the events that have taken place in our City's buildings. It is a rich distinct modern culture and architecture that we are developing. The City will purchase 1,000 copies of the book at the unit cost of $15 per copy. In addition, the City has entered into an agreement with David Gartner to photograph the City's architecture book. We are asking for a $30,000 cap. This is like the book we published for the City's 10th Anniversary "Sandbar to Sophistication" this is the add-on book of all the development that has taken place on the Beach. 14 Summary Minutes: Regular City Commission Meeting September 15, 2011 City of Sunny Isles Beach, Rorida Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1772 was adopted by a voice vote of 5-0 in favor. IOU. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Payment to Repair the City's Street Sweeper Performed by Environmental Products of Florida, Corporation, in an Amount of $6,179.45 for a Total Amount Not to Exceed $20,778.48, 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 City Manager Cohen reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1773 was adopted by a voice vote of 5-0 in favor. 10V. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Eleven (11) "Luke" Master Meters from Parker Systems, in an Amount Not to Exceed $107,960.25, Attached Hereto as Exhibit "A", Under the Lee County Parks Contract #IW080-363; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported that we will be purchasing 11 parking meters although we are not going to be using all of them at this time. This pre-purchase will save the City approximately $50,000. Three of the meters will be replacing meters that are five years old, we are adding one for the Bella Vista Bay Park, and an additional meter for Heritage Park. The additional six will be for the future parking garage at Gateway Park. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1774 was adopted by a voice vote of 5-0 in favor. lOW. Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Purchase of Eighty (80) Decorative Litter Containers from Toter Incorporated, Pursuant to a National I.T.A. Agreement through the City of Tucson 083008-01, in an Amount Not to Exceed $28,728.00, 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 City Manager Cohen reported. Public Speakers: None Commissioner Aelion asked if we are going to have a uniform color, and City Manager Cohen said yes and no, on the beach itself we will have a uniform color, we will have some other colors that we will put in some satellite locations, but the beach itself will have one 15 ---- -- - --- Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida color. Vice Mayor Thaler said the other colors that are on the beach now will be taken off and used in other places. Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1775 was adopted by a voice vote of 5-0 in favor. lOX. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Updated Letter oflntent Between the City of Sunny Isles Beach and The Weintraub Companies for the Purchase of 18080 Collins Avenue ("Alamo Property"), in the Amount of $7,500,000.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Amendment to Revised Letter of Intent distributed prior to meeting. See additional action under Item 4A.] City Clerk Hines read the title, and City Manager Cohen reported there have been some significant revisions made to the Letter of Intent that the Commission authorized at the last Commission meeting. In essence it changes the agreement from an outright purchase to a lease/option to buy arrangement, the ultimate purchase price is still $7.5 Million, the deal structure is still the same. The Weintraub Group has already provided us with $100,000 deposit, another $100,000 would come to us once the lease agreement is ratified and signed by the Commission, an additional $800,000 at Site Plan Approval, another $500,000 would come to us soon after that, and then another $1.5 Million after a TCO is issued. After that there would be a 25-year lease with rent payments equal to $4.5 Million plus a 5.5% interest rate. One item of note is that the Commission in the past had agreed to waive some of the FAR Bonus Fees, Counsel had advised that it is better if we go a different route, and the revised Letter of Intent also accommodates the City providing some TDRs to the developer in lieu of the waived Bonus Fees. Public Speakers: Abraham Weintraub Commissioner Scholl said then that the economics haven't changed, just the legal structure of the deal, and City Manager Cohen said that was correct, and in particular it does two very important things, it takes the City out of the position of being a banker and so the City is not going to be holding the mortgage. Secondly the City maintains title on the property until an actual purchase is consummated at the end of the deal and so the City is in a stronger position. Commissioner Scholl said then that it actually puts more risk on the developer as opposed to the City because the City would not have to foreclose and perfect its position to get the property back if the developer defaulted. Vice Mayor Thaler said that they would have the right to prepay. Commissioner Aelion asked if the interest of 5.5% is the interest throughout the life of the lease, and City Manager Cohen said yes, the meaning and intent is clear for our purposes for the Letter of Intent, we will be presenting a more detailed lease agreement that will have much more extensive language. Commissioner Scholl asked the developer if this arrangement still enables him to employ the financial structure that was discussed last time, is he still comfortable that his financial structure works under this arrangement, and Abraham Weintraub said basically what happens is that the structure before wouldn't allow for the actual condominium sales, you wouldn't be able to transfer condominium units, and this allows them to do condominium units. 16 Summary Minutes: Regular City Commission Meeting September 15, 2011 City of Sunny Isles Beach, Rorida Mayor Edelcup said if we approve this tonight when will the lease be before us, and City Manager Cohen said that we are planning on asking the City Commission to schedule a Special Commission Meeting the first week of October to ratify the lease. Mr. Weintraub said they are ready to have the lease to the City by Tuesday or Wednesday next week. Mayor Ede1cup said that at the Workshop they had indicated October 4, and City Manager Cohen said we would schedule it the evening of October 4,2011 [at 6:00 p.m.]. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1776 was adopted by a voice vote of 5-0 in favor. 10Y. 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 $113,814.99 from the Federal Forfeiture (DOJ) Funds for the Purchase of Miscellaneous Law Enforcement Equipment and Technology; 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 Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1777 was adopted by a voice vote of 5-0 in favor. 10Z. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of One (1) Ford F350 Special Purpose Police Vehicle and Associated Equipment from Alan Jay Automotive Network, Under the Florida Sheriffs Association Contract Bid #10-18-0907, in an Amount Not to Exceed $55,000.00, 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 Police Captain Michael Grandinetti reported noting that this vehicle will replace an II-year old vehicle they have now. Public Speakers: None Commissioner Aelion asked what they will do with the old vehicle, and Captain Grandinetti said it will either be sold, or Public Works may take it to replace one of their trucks. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1778 was adopted by a voice vote of 5-0 in favor. lOaa. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Ten (10) Macbook Pro Laptop Computers and Accessories from L.A. Computer Company, for the Police Department's Detached Detective/DEA Task Force, in a Total Amount Not to Exceed $14,050.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. 17 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida Public Speakers: None Commissioner Gatto moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1779 was adopted by a voice vote of 5-0 in favor. 10bb. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the Beach Access Located at 16047 Collins Avenue as the "Connie Morrow Beach Access" in Honor and Appreciation of Her Dedication to the City of Sunny Isles Beach; Directing the City Manager and/or His Designee to Place Signage Commensurate with this Distinction at Said Beach Access; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See additional action under Item 4A.] Withdrawn at the request of the family. IOcc. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the Beach Access Located at 17001 Collins A venue as the "Lila Kauffman Beach Access" in Honor and Appreciation of Her Dedication to the City of Sunny Isles Beach; Directing the City Manager and/or His Designee to Place Signage Commensurate with this Distinction at Said Beach Access; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See additional action under Item 4A.] Withdrawn at the request of the recipient. IOdd. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Donation of Two (2) Crown Victoria Vehicles to the Village of Biscayne Park; 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 City Manager Cohen reported that the Village of Biscayne Park had lost two of their police vehicles and were unable to purchase new vehicles. We had two surplus vehicles and we were able to donate them. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1780 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 18 Summary Minutes: Regular City Commission Meeting September 15,2011 City of Sunny Isles Beach, Rorida 12. DISCUSSION ITEMS 12A. Discussion on Obtaining a Bank Qualified Loan to Refund the 2001A Series Florida Municipal Loan Council Revenue Bond and Obtain New Monies for Financing Approved Projects, in an Amount of $10 Million. Action: Assistant City Manager/Finance Minai Shah reported that staff is looking for direction to proceed in refunding the 2001A Municipal Revenue Bond which the City acquired in 2001 for about $10.3 Million. After the November 1, 2011 payment the remaining balance is about $7.6 Million. Currently the interest we are paying ranges from 4.75% to 5.25% and so the effective rate is about 4.99%. As of right now the Bank has said that the estimated interest rate would be about 3.3% and so there would be an annual interest savings of$75,000 with the life of the loan savings of about $1 Million. We are also looking to attain additional proceeds from the refinancing. The City is able to take out up to $10 Million in tax exempt bond proceeds. After the $7.75 Million refunding, we have about $2.25 Million available to take out, the additional debt service cost for the additional monies would be about $196,000 less the $75,000 tax savings, our additional impact and debt service would be about $122,000. Commissioner Gatto moved and Commissioner Scholl seconded a motion for staff to move forward. The motion was approved by a voice vote of 5-0 in favor. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Ellis Beyda said the Commission is doing a good job with getting rid of the red light cameras, and in bringing in more parks and events. He wanted to remind the Commission about the Skateboard Park that it is noisy, and when the Commission is ready to address it because they are breaking the noise pollution law, and they have a loud speaker as well. 13B. Discussion by Jeniffer Viscarra, Marc Mogil, and Sharon Elster concerning the protocol and procedures for the resignation of a Commissioner. Marc Mogil noted that he sent a letter to Governor Rick Scott concerning this. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 7:45 p.m. .) ') ." " .' ,'; ~ .., --... J .. 10 ".; Re.spectfully submitted by: ...~~L ... . . JaneA. Hines, CMC, City Clerk .' ~ 19 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: 10120/20 II RE: Summary Minutes for the September 15,2011 City Commission Meeting RECOMMENDA TION: Attached for your consideration are the Summary Minutes for the September 15, 2011 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=608&MeetingID=O&MeetingDat... 10/11/20 II