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HomeMy WebLinkAbout2006 0921 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, September 21,2006,7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Ede1cup at 7:30 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman (absent/ill) Commissioner Danny Iglesias (arrived at 7:33 p.m.) Commissioner Lewis J. Thaler City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Patricia SaintVil-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: The North Miami Beach Optimist Little League led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - July 20, 2006. Action: Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 4- 0-1 (Commissioner Goodman absent) in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Add-On Items lOW for the purchase of Builders Risk Insurance for the Active Park, and lOX, Agreement to Terminate and Release Drainage Easements in favor of The View at Sunny Isles, LLC; Withdraw Item 12D re: discussion on bus shelters and benches. Action: Mayor Edelcup noted the above changes and asked that item ION be moved up when the family of Cecile Sippin are here, as well as Item 10D for the contribution to FlU Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Biscayne Bay Society. Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 5. SPECIAL PRESENTATIONS SA. Presentation to the City of Sunny Isles Beach by the North Miami Beach Optimist Little League. Action: Cultural and Human Services Director Susan Simpson introduced Loretta Mufson, a Sunny Isles Beach resident and Board member of the North Miami Beach Optimist Little League. Ms. Mufson representing the North Miami Beach Optimist Little League thanked the City Commission for their support for the past six years and presented the City Commission with a plaque. [City Clerk's note: The City Commission heard items lON and lOD after this item.] 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 Sections 256-7 and 256-9 ofthe Sunny Isles Beach Parking Authority Ordinance; Providing for a 24-Hour On-Street Parking Permit for Residents and a Monthly Permit Fee Arrangement to Allow Long-Term On-Street Parking; Prohibiting the On-Street Parking of Commercial Vehicles During Specified Hours in Certain Designated Areas Along Atlantic Boulevard; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title and Code Enforcement and Licensing Director Robert Solera reported. Public Speakers: none Commissioner Thaler asked that buses be added to list of vehicles that are not allowed to park on Atlantic Boulevard. Code Enforcement and Licensing Director Solera said that they will add buses including all commercial vehicles (page 2 of the Ordinance). Commissioner Thaler moved and Vice Mayor Brezin and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 4-0-1 (Commissioner Goodman absent) in favor. Second reading, public hearing will be held on Thursday, October 19,2006, at 7:30 p.m. Vote: Commissioner Goodman absent 2 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup m 7B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 22 of the Sunny Isles Beach Code, Entitled "Departments"; Providing for the Separation of the Zoning, Planning and Building Department; Providing for the Creation of an Engineering Department; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: none Commi~sioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0- 1 (Commissioner Goodman absent) in favor. Second reading, public hearing will be held on Thursday, October 19,2006, at 7:30 p.m. Vote: Commissioner Goodman absent Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Ede1cup m 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 8A. Public Hearing A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Vacation of 182 Drive Located Between North Bay Road and Atlantic Boulevard, as More Fully Described in Exhibit "B"; Providing for 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 Attorney Ottinot reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-964 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending the Operating and Capital Outlay Budget for Fiscal Year 2005-2006 to Add Expenditures Relating to Capital Improvement Projects and Land Acquisition; Providing for Severability and Effective Date. (First Reading 07/20/06) 3 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and City Manager Szerlag reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-262 was adopted by a roll call vote of 4-0-1 (Commissioner Goodman absent) in favor. Vote: Commissioner Goodman absent Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Ede1cup yes 10. RESOLUTIONS lOA. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Pios and Sons Enterprises, Inc. for the Construction and Delivery of 21 Beach Access Signs and Posts, in the Amount of $86,005.50, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms ofthe Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-965 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing Norman S. Edelcup as the City's Delegate to the Miami-Dade League of Cities and~ Goodman as the Alternate to Attend Meetings During Fiscal Year 2006/07; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup recommended leaving it the same as last year. Public Speakers: none After discussion it was unanimous to designate Norman S. Ede1cup as the delegate and ~ Goodman as the alternate. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-966 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 4 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Schedule for City Commission Meetings for Calendar Year 2007; Providing for an Effective Date. Action: City Clerk Hines read the title and reported correcting a typo that the April 19 meeting is on a Thursday not a Tuesday. She also stated that the second Thursday of each month would be reserved for any Workshops that may be needed beginning at 6:30 p.m. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2006-967 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City to Continue to Participate in the "Second Tuesday at Biscayne Bay Campus" Program, and Authorizing a Charitable Contribution to the Biscayne Bay Society of Florida International University (FlU), in the Amount of$5,000.00; 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: This item was heard after Item lON.] City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: Stanley Greenstein, FlU Biscayne Bay Society Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-968 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with The Miami Herald Publishing Company, for Retail Advertising Services, with Option for a Second Year; providing the Mayor the Authority to Execute Said Agreement; Providing the City Clerk and 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 reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-969 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 1 OF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of a First Amendment to the JCA Software, Inc. Consultant Agreement for 5 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Additional Work Required to Complete the Migration of Building Department Data, in an Amount Not to Exceed $17,212.50, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms ofthis Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Information Technology Director Derrick Arias reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-970 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Purchase and Service Agreement with T -Mobile for the Purchase of 28 BlackBerry Phone Devices with Unlimited Data Usage, 35 Cellular Phone Equipment, and the Delivery of Wireless Phone Services, in an Amount Not to Exceed $55,000.00 for the First Year, 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 Information Technology Director Derrick Arias reported. Public Speakers: Hillary Leusch ofT-Mobile Vice Mayor Brezin asked what the amount of savings per month is, and IT Director Arias said $300 - $400 per month plus the upgraded services. Commissioner Thaler asked how long it will take to implement this, and Hillary Leusch ofT-Mobile Business Sales said that they can get these devices to the City within two to three business days, and that they will be retaining their current cell phone numbers. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-971 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10H. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Ratifying the Acceptance of a Donation in an Amount of $2,000.00 from Lukes' Landscaping, Inc. to Partially Sponsor the City's Sunny Serenade on September 20,2006; 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 the September 20 event was cancelled due to rain, and has been rescheduled to Wednesday, September 27, 2006 ifit does not rain. Mayor Ede1cup noted that the resolution needs to be amended to reflect the date of September 27, 2006. Public Speakers: none 6 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2006-972 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Uniform Sign Plan Submitted by Malibu Plaza on the Bay L.L.c., for Shopping Plazas Located at 16100 Collins Avenue, Suite 101-114, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera and Planning and Zoning Technician Elena del Campillo reported. Public Speakers: none Mayor Edelcup stated that the signs that are in place now will remain, and Ms. del Campillo stated yes that the signs are in compliance. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-973 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2006-924 Extending the Period of Time Waiving Any and All City Building Permit Fees for Property Owners for Emergency Repairs Due to Hurricane Wilma, and for Generators for Property Owners of Facilities Used by the Public, for an Additional Three-Month Period, Effective Through October 31,2006; Ratifying Any and All Waivers Granted; 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 Building Official/Administrator Clayton Parker reported. Public Speakers: none Mayor Edelcup asked if most of the permits have been requested, as there are still a lot of buildings that have windows boarded up and blue tarp roofs. Building Official Parker said that they still have some that have not applied as they are waiting on final engineering reports, and when we get close to the end of this extension he will meet with them and see to it that they apply for their permits prior to October 31. City Manager Szerlag said that they thought about an alternative of an indefinite extension but realized that it may be an incentive for the property owner to apply in a more timely fashion if there was a deadline of permit waivers. Building Official Parker said that they will do a survey of all the buildings between now and the deadline and try to have in place all the applications. 7 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Building Official Parker said they can also go out and do a survey on all retailers/gas stations regarding permits for emergency generators. Commissioner Thaler asked if any of the gas stations hooked up generators, and Building Official Parker said we have two gas stations that have the permits to make the connections to have a mobile unit come in and they have them on call, so it has helped. Commissioner Thaler noted that they do have until July 2007 but the sooner they get them in the better. Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-974 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10K. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving a First Amendment to Agreement with Ronald L. Book, Esq. for Professional Legislative Relations and Lobbying Services, in an Amount of$55,000.00 per Year, Effective from October 1,2006 through September 30, 2007, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-975 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10L. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of21,800 Plants from the School Board of Miami-Dade County, Florida, to be Placed at the Retention Ponds on Sunny Isles Boulevard, in a Total Amount Not to Exceed $38,150.00, Attached Hereto as Composite Exhibit "A"; Authorizing the Mayor to Execute Said Agreements; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of these Agreements; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Mayor Edelcup said that he is happy that we can work with the School Board and have the children grow the plants, and encouraged the City Manager and staff to avail themselves to similar purchases in the future if they fit our landscaping needs. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-976 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 8 Regular City Commission Meeting September 2 I, 2006 City of Sunny Isles Beach, Florida 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Urging the State Legislature to Change State Law so as to Preclude Cellular Telephone Usage by Motor Vehicle Drivers While Located in a School Zone; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported. Public Speakers: Henry Kay Commissioner Thaler said that he does not feel this goes far enough in the State, that the Legislature should look further into the cell phone situation and put some additional rules and regulations in place. He said it has been six to seven years since they have prohibited municipalities to put cell phone bans on the books by themselves. Commissioner Iglesias said it should be from the State and Commissioner Thaler agreed stating that the Commissions throughout the State should get to their Legislatures. Mayor Ede1cup said the Florida League of Cities should be pushing the State to take action on it, and that it should have been passed sooner as there are countless lives that have been lost because of their inactive role in this legislation. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-977 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the Beach Access Located at 189 Street and Collins Avenue the "Cecile Sippin Beach Access" in Honor and Appreciation of her Dedication to the City of Sunny Isles Beach; Directing the City Manager and/or his/her 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: This item was heard after Item 5A.] City Clerk Hines read the title and Vice Mayor Brezin reported. Public Speakers: Gerald Sippin; Casey Gabor Mayor Edelcup noted that Cecile Sippin was unable to be here tonight but her husband, Gerald Sippin is here to accept this Resolution. Mayor Edelcup read the Resolution into the record and presented it to Mr. Sippin to give to Cecile Sippin. Mayor Ede1cup and Vice Mayor Brezin presented pictures of the "Cecile Sippin Beach Access" to the Sippin family. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-978 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the "Declaration of a Local Emergency" Imposed by the City Manager on August 28, 2006 9 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida and the "Termination of a Local Emergency" Issued on August 30, 2006 Due to Tropical Storm Ernesto; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-979 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying a Service Agreement with Otis Elevator Company for the Maintenance of Three (3) City Hydraulic Elevators Located at the Sunny Isles Beach Government Center, in an Amount Not to Exceed $42,000.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-980 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10Q. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving Change Order No. 4 to the 159th Street and 174th Street Roadway Lighting Improvements Agreement with Horsepower Electrical, Inc. for Additional Installation of New Street Lights on North Bay Road, in an Amount Not to Exceed $156,394.22, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-981 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Professional Services Agreement with the Mercer Group, Inc., to Conduct a Compensation/Classification Study and Develop and Implement a Performance Evaluation System, in an Amount Not to Exceed $18,750.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to 10 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Human Resources Director Tom Acquaro reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-982 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10S. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin Giordano & Associates, Inc. for Conducting a Hydrogeological Investigation for the Central Island Drainage System, in an Amount Not to Exceed $59,740.80, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported. Public Speakers: Shahin Hekmat Commissioner Iglesias said he met with Shahin Hekmat of Calvin Giordano and Associates, Inc. and the engineers from Beiswenger, Hoch & Associates, Inc. (BHA), and City Manager Szerlag and Assistant City Manager Vera. He said he was shocked that we didn't do a percolation test because of utility verification which is basically where we run into a lot of the field problems. He said that Hugo Guevara, from BHA went by FDOT and he asked him again and he still felt comfortable that the floor rates were good and they exceeded the factor of safety of what DERM is using. Commissioner Iglesias asked if we can use these three walls in the final project since we are going to be using them, and Shahin Hekmat said yes. He said since the last meeting there was some discrepancy on not getting the as-builts from the City of North Miami, there were two areas that we had a problem and Calvin Giordano was going to go and check it out. Mr. Hekmat said they picked up the as-builts from the City yesterday and they have prepared the package that is going to BHA tomorrow morning. Commissioner Iglesias asked if he we are pretty close where there will be no conflicts, and Mr. Hekmat said until that information is transferred to the plans that BHA has prepared, we are not going to be able to determine that. He said at that point we can see what areas that we may have conflicts with and then we can come up with a list of conflicts that we need to go out there and verify. Commissioner Iglesias said if there is something that is close, it is going to be well worth spending the money to go out there and do some soft digs to find out if there is any location because if we have to go out to the field and do it, it is going to cost us 10 times more. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-983 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 11 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida lOT. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Resolution No. 2006-931, Authorizing the Painting of the City's Three (3) Existing Shuttle Buses by Atlantic Bus Sales; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported noting that the paint colors are very similar and he therefore had instructed Cultural and Human Services Director Susan Simpson not to proceed with painting the existing buses, and this resulted in a $25,000.00 savings to the City. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-984 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. IOU. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving a Second Addendum to an Artwork Agreement with Rafael Barrios for the Repair of a Sculpture Entitled "Rising Horizons", Located at Town Center Park, which Sustained Damage During Preparation for Tropical Storm Ernesto, in an Amount Not to Exceed $18,090.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Brezin asked if we are going to incur this problem over and over again where we are going to be spending $18,000 every time we have a storm, and Assistant City Manager Vera said no, that when they were taking the statue down, a very strong wind picked it up and shifted the statue since it revolves, and what they were holding hit the ground, but now the Public Works Department knows how to tie the statue down so it will not be moveable. He said Human Resources is working with our Insurance Company to see if we can recoup some of the money. Human Resources Director Tom Acquaro said that they were with Bob Hollander today and he is going to be submitting the claim, although he is not sure at this point if there is coverage, and ifthere is, there is a $5,000.00 deductible, and they have also submitted it the City Attorney. Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-985 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 10V. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Orders for the 181 st Drive Active Park Construction: Change Order No.2 to Construction Agreement with Siltek Group, Inc., in the Amount of$943,723.91, Attached Hereto as Composite Exhibit "A"; Change Order No.1 to Agreement with Miller Legg & Associates, in the Amount of $33,500.00, Attached Hereto as Composite Exhibit "B"; 12 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Documents were handed out prior to the meeting.} City Clerk Hines read the title and City Manager Szerlag reported and noted that he had not received these change orders until yesterday [September 20,2006]. Public Speakers: none Mayor Ede1cup asked the City Manager to augment the nature ofthe $900,000 which is a lot of money that we are adding as a change order for a project that just got started. City Manager Szerlag said the ceiling issue that needs to be addressed centers around whether bids were let without input or approval from permitting agencies. He said under normal circumstances there is a sheet of paper attached to the top page of any specification and that page delineates other plains of governments for permitting agencies that are required to review those plans and comment thereon prior to going out to bid. He said that did not happen here and bids were let, there was not input that he could find, and they are still researching this from other agencies. He said once the bids were let and we had a firm price, these agencies began to make changes, a question that we ask now is we believe those changes should have been made prior to going out for bid. City Manager Szerlag said there is a difference of agreement between Miller Legg who is essentially a landscape architect firm and not a construction or engineering firm, and myself on that matter. Commissioner Thaler asked if this would change delivery of the Active Park, and City Manager Szerlag said he does not believe it will and that is why he has placed this item on this agenda instead of waiting for the October meeting. He said he is working with City Attorney Ottinot on this matter and that it may involve other changes of consultants in trying to get this project to fruition. City Manager Szerlag said he will meet with City Attorney Ottinot, Assistant City Manager Vera, Shahin Hekmat, Director of Engineering for Calvin Giordano, as well as Sabrina Baglieri, our Construction Manager, to resolve this matter either amicably with Miller Legg or look at contractual resolutions for the dispute. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-986 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. lOW. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Builders Risk Insurance for the Active Park, through the City's Insurance Broker, Brown & Brown Insurance, Inc., in the Amount of$53,569.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Documents were handed out prior to the meeting.} City Clerk Hines read the title and City Manager Szerlag reported noting that he found out yesterday [September 20,2006], that if we did not obtain Builders Risk Insurance for the Active Park project before October 1, these premiums that were quoted by Mr. Hollander would increase. Public Speakers: none 13 Regular City Commission Meeting September 2 I, 2006 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-987 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. lOX. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement to Terminate and Release Drainage Easement in Favor of The View at Sunny Isles, LLC, the Owner ofthat Certain Property Upon Which Lies the Easement, More Particularly Described as Exhibit "A"; 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: Documents were handed out prior to the meeting.} City Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-988 was adopted by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 11. MOTIONS llA. Call for a Motion to confirm the following removals/appointments to the Mayor's Advisory Council (MAC): . Traffic and Safety Committee: Remove Susan Baltes and appoint Celina Shevlin as Vice Mayor Brezin's Appointment (Susan Baltes missed three consecutive meetings). . Community Activities and Health Committee: Remove Lee Liebman and appoint Inna Kartunova as Commissioner Iglesias' Appointment (Lee Liebman is unable to serve). Action: Mayor Ede1cup noted the above removals and appointments of members to the Mayor's Advisory Council. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to confirm the removal ofthe above-mentioned members and accepted the appointments. The motion was approved by a voice vote of 4-0-1 (Commissioner Goodman absent) in favor. 12. DISCUSSION ITEMS 12A. Discussion regarding VantageCare Retirement Health Savings (RHS) Plan Benefit. Action: Human Resources Director Tom Acquaro reported noting that this is a voluntary plan and that there is no cost to the City. He introduced ICMA representatives Fernando De Aguero, Supervisor, and Tony Vilallonga the City's representative for 401a and 457 plans. 14 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Mayor Edelcup asked what percentage are employees allowed to contribute to this plan, and HR Director Acquaro said 100% through payroll. Commissioner Thaler asked if this was ongoing, and Mayor Edelcup said they can give it to their heirs, and HR Director Acquaro said yes this is an ongoing plan that you can start putting money away for Medicare years once you are retired, and noted that it can only be used upon retirement from the City. He said if you separate from the City before retirement the individual has access to their money or they can let it set or roll it over into another retirement tool. Mayor Edelcup asked if the individual decided to pull the money out of the plan before they retire to use for other then health care purposes is it immediately taxable to them and is there a penalty for taking it out. The ICMA reps said that the IRS rules state that the money can only be used for medical expenses, they cannot be used for any other purpose. City Manager Szerlag said that what he is planning on doing on issues like this to give the Commission a comfort level is to take these issues that are kind of complex, have it as a discussion item, and then come back at a subsequent meeting for action. 12B. Discussion regarding CareAccess Alternative Limited-Benefit Health Care Plan. Action: Human Resources Director Tom Acquaro reported noting that this is on a voluntary basis at no cost to the City. He said this plan is for regular intermittent employees and temporary employees who are not eligible to participate in the City's primary health care program. Mayor Edelcup asked ifthis is payroll deduction as well, and HR Director Acquaro said yes. Commissioner Thaler asked if this is tax free, and HR Director Acquaro said no. City Manager Szerlag said this would come back at the next regular City Commission meeting for formal approval. Mayor Edelcup said it would be nice ifthe City can figure out a way to be able to offer a plan like this to the citizens of the City that are not able to get insurance, if we can somehow incorporate them as a group, it may be a service that the City can provide. City Manager Szerlag said that they will look into it. 12C. Discussion regarding Community Entry Signage. Action: Assistant City Manager Vera reported noting that once they have completed the cost and location of the signs, staff will bring this item back for Commission approval. Mayor Edelcup said that the signs are attractive and that they are coming in well under the cost estimates and said that this is something that staff should move forward on. Commissioner Iglesias asked how soon they can begin the signs, and Assistant City Manager Vera said he will talk to the City Attorney but if they can piggyback off other contracts then it is just putting the order out and noted we have it budgeted for the upcoming Fiscal Year. He said he will come back and report to the Commission and get a couple of the entrances to the communities and let the Commission know where they are going to go and if the Commission would like to place additional signs throughout the City, maybe in the Parks, and we will take it from there. Mayor Edelcup said it would be helpful if staff would come to the Commission with a map ofthe City where they are proposing to place these signs, so they can see on the map where they will be and determine if we missed a spot or if we double covering, and City Manager Szerlag said yes that they will do that and that is why the next 15 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida item 12D the bus shelters was pulled because they are doing the same thing, so they will have it on the same plan review. He asked if we can have a sense of direction if we can piggyback off from an existing contract, and the Commission said yes. Assistant City Manager Vera said that they will first bring the Commission the locations of all the places and that we will have the sign company make suggestions as to which sign would fit better there. 12D. Discussion regarding Bus Shelters and Benches. Action: Withdrawn. 12E. Add-On: Discussion regarding the Meeting of Unsafe Structures Board. Action: Mayor Ede1cup asked Building Official! Administrator Clayton L. Parker to report on the meeting that took place yesterday (September 20, 2006) of the Unsafe Structures Board [regarding La Playa de Veradero III]. Building Official Parker reported that he and City Attorney Ottinot presented the City's case to the Board. He said the Board ordered buildings 2, 3 and 4 to be demolished, they did not rule on the pool, 2 & 4 are the finger parts of the building that are behind building 1 which is the restaurant. He said they did order that building 1 and the gazebo/pavilion in the back to either be repaired or demolished and application has to come to the City within 90-days and it is up to the Condominium Board to make that decision. He said they have already opted to demo the building. He said when the order comes down in about 3 -4 days we will probably get an application for demolition of the entire project. Mayor Ede1cup said that they consider that good news and hopefully we are moving closer to the day when derelict buildings such as that building will no longer be an unsightly sight in Sunny Isles Beach and hopefully we are sending a strong message to owners of properties throughout the community that you need to keep them in tiptop shape or the City will be enforcing wherever possible its ordinances to make those buildings to either come into compliance or come down. He said he feels it is a very good report from our Building Department and is glad to hear that the County Unsafe Structures Board basically is in total concurrence with the operation of where we are going in trying to improve the looks of Sunny Isles Beach. 12F. Add-On: Vista View. Action: Mayor Ede1cup said that the Commission is still waiting to hear a solution to opening the road at Vista View and he would like to make sure that road project has not been forgotten, and that it comes before them to be able to get road access at North Bay Road. City Attorney Ottinot said that he spent most ofthe afternoon researching this issue basically where we can adopt legislation to require the property owner to have that used alternate access off North Bay Road. He said he did not find anything that would preclude the City by forcing the property owner's hand, and for him to table the issue is generally who would pay for the additional ingress egress point. He said that if the property owner would find someone responsible then he would have no problem. Mayor Edelcup said that we should pursue that. 16 Regular City Commission Meeting September 21, 2006 City of Sunny Isles Beach, Florida Commissioner Thaler said that he would like to make sure that the one we are using now does not get closed, and Mayor Edelcup said that is what they are trying to do is increase it. City Attorney Ottinot said they cannot close it and that it is a private easement between the adjoining properties, we have no control over that. Mayor Edelcup said while we are looking at whatever we need to create in the way of an ordinance or resolution to open the access on one side, maybe if we can create the ordinance to make sure that it is a road that goes through since we know that there is a road there and it is a health safety welfare issues to make sure that road does remain open. City Attorney Ottinot said that is why he has to sit down with Assistant City Manager Vera and the Zoning Department because there are some parking issues and zoning issues that needs to be worked out because ifit goes through you will have to eliminate some parking and that would reduce some parking requirements over there. Mayor Ede1cup said our goal is that we haven't substituted one for the other and that we are actually opening it from both ends. He said without it open at both ends it is not worth pursuing. City Manager Szerlag said that he would bring in our Engineers for some estimated costs to affect that construction work as well, that way we know how much money we are talking about. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT ., ,,'. -. CC)Il!missioner Thaler moved, and Commissioner Iglesias seconded the motion to adjourn, and " 'Mayor "Ede1cup adjourned the meeting at 9:04 p.m. .r. " ,. ~ .:f.. R~spe.ctfull~ ~?b~lt.ted by: :.- '\. . t A::" I \ - . :'~~~ ff~'J)~ Jan'e A. H\ines, S.t1C, City Clerk ,^, . ....~} 17