HomeMy WebLinkAbout2006 0615 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, June 15,2006, 7:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER / ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 7:30 p.m., with the following officials
present:
Mayor Norman S. Edelcup
Vice Mayor Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
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 Honor Guard presented the colors. Police Chief Fred Maas led the Pledge of
Allegiance to the flag, and gave an invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - May 18, 2006.
Action: Vice Mayor Brezin noted a correction on page 19, second paragraph, line 6, change
the wording to "She said she can understand that a lot of these were recommended to us
because they require less care." City Clerk Hines said she would make that revision.
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
above-mentioned Summary Minutes, as amended. The motion was approved by a voice
vote of 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: substitute Ordinance 7B, 10J Luke's Landscaping; two Add-on
Items: Item 10K, Agreement with Sergio Diment; and Item 10L, Purchase & Installation of
Four (4) Beach Access Signs.
Summary Minutes: Regular City Commission Meeting
June 15, 2006
City of Sunny Isles Beach, Florida
Action: Mayor Edelcup noted the above changes.
Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
SA. Add-On:
Presentation to Police Chief Fred Maas by John Rivera, President of the Miami-Dade
County Police Benevolent Association.
Action: Mayor Edelcup introduced John Rivera, President ofthe Miami-Dade County Police
Benevolent Association, who said that whenever the Police Chief of the Year A ward came
around, it was always Chief Maas' name that came up again and again, and they decided to
name the award after ChiefMaas. He said that this award was presented to ChiefMaas at the
Police Chief s Gala and tonight he is re-presenting the very first award to him, the "Chief
Maas Outstanding Law Enforcement Leadership A ward" and it will forever be memorialized
as such. He noted that Chief Maas was the first police officer he had ever rode with some 31
years ago.
Chief Maas thanked the Commission and introduced his wife, and two of his four children
who were present tonight, and Mayor Edelcup presented Mrs. Maas with red roses. Chief
Maas thanked John Rivera and Steve Rothline, Deputy Director for the Miami-Dade Police
Department, who he served with for so many years.
5B. Add-On:
Presentation to Lieutenant Rick Feisthammel by Police Chief Fred Maas.
Action: Chief Maas stated that Lt. Feisthammel has recently put in his retirement papers
after eight years of serving this community. Chief Maas read an open letter to Lt.
Feisthammel to capture how we feel about his leaving the City. He commended him for his
personal work ethic, incredible wealth of experience, common sense, and a spirit to make a
difference. -
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending
Section 33-2 of the Code of the City of Sunny Isles Beach Relating to Lobbyist
Registration and Fees by Repealing Section 33-2 in its Entirety and Creating a New
Section; Providing for Definitions; Providing for Annual Expiration and Renewal for
Lobbyist Registrations; Requiring Registration of Principals; Requiring Disclosure of Annual
Lobbyist Expenditure by January 15th of Each Year; Providing for Penalties and
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Enforcement; Providing for Repealer, Codification, Severability and an Effective Date.
Action: City Clerk Hines read the title and reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call vote of
5-0 in favor. Second reading, public hearing will be held on Thursday, July 20, 2006, at
7 :30 p.m.
Vote:
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
Vice Mayor Brezin
Mayor Edelcup
yes
yes
yes
yes
yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Ordinance No. 2006-246 Relating to Alcoholic Beverage Ordinance; Providing for a
Change in the Prohibited Hours of Operation for Hotels and Apartment-Hotels; Providing for
Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for
Effective Date.
Action: [City Clerk Note: a substitute ordinance was distributed) City Clerk Hines read the
title, and City Attorney Ottinot reported noting that this amendment would permit sales to take
place until 4:00 a.m. every day, and will permit sale of alcoholic beverages through room
service only until 8:00 a.m.
Public Speakers: Mario Garcia-Serra, Esq.
Commissioner Goodman asked what time they can start serving and City Attorney Ottinot
said the start time has not changed, the week days start time is at 8:00 a.m., and on Sunday it
is 10:00 a.m., and Commissioner Goodman clarified that this is for the inside of the hotel
only, not outside.
Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the
proposed ordinance on first reading, as amended. The motion was approved by a roll
call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, July
20,2006, at 7:30 p.m.
V ote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
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9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Mandating
that Owners and Operators of Food Stores Including Pharmacies Located in the City of
Sunny Isles Beach Have Alternate Energy Sources, Such as Emergency Generators,
with Sufficient Electrical Charge to Ensure the Uninterrupted Supply of Power During
a Declared State of Emergency; Establishing Definitions; Providing for Approval by the
City Manager; Providing for Exemptions for Limited Periods; Establishing Penalties and
Enforcement Procedures; Providing for Severability; Providing for Repealer; Providing for
Inclusion in the Code; Providing for an Effective Date.
(First Reading 05/18/06)
Action: City Clerk Hines read the title and Mayor Edelcup said that the State of Florida
Legislature decided that they needed to study this longer at the State level, and has put a hold
on this for another year, therefore we will not be able to pass this ordinance at this time.
However, he said he would like the City to work up an incentive program for the affected
stores by giving them a partial cost recovery on the part of the City and/or not charging any
fees for the permitting of it. He said he would like staff to come back at the next meeting and
propose for the Commission to consider for the opportunity to do what is right for the people,
and to have power in these stores whenever there is a hurricane.
Public Speakers: none
Commissioner Thaler said that Publix has already announced that they will put a generator in
every one of their stores. Commissioner Goodman said we have a couple of pharmacies here
and we should be in contact with them. Mayor Edelcup said to ask staff to see if they can
come up with something to encourage this to take place even though we cannot pass an
ordinance, and City Manager Szerlag said that staff will work on that and bring something
back for the Commission's consideration in July.
City Attorney Ottinot asked for a motion to adjourn this item.
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adjourn this
item. The motion was approved by a voice vote of 5-0 in favor.
9B. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Mandating
that Owners and Operators of High-Rise Buildings with a Total Height of 75-Feet or
Higher Located in the City of Sunny Isles Beach have Alternate Energy Sources,
Including Emergency Generators, with Sufficient Electrical Charge to Operate at Least
One (1) Elevator Unit within Each Building During a Declared State of Emergency;
Establishing Definitions; Providing for Applicability; Providing for Penalties and
Enforcement Procedures; Providing for Severability; Providing for Repealer; Providing for
Inclusion in the Code; Providing for an Effective Date.
(First Reading 05/18/06)
Action: City Clerk Hines read the title and Mayor Edelcup said that we have been preempted
by the State but the State did agree with us and there is now a State provision that requires
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buildings 75-feet or taller to have generators, and so we will be withdrawing this ordinance
since it is being replaced at the State level. Mayor Edelcup asked staff to make a review in
this situation and also to see if there is any help or aid that the City could give for some of
these buildings to help accelerate the process of getting it in place earlier rather then later.
Public Speakers: Henry Kay
Commissioner Goodman asked if the State set a date when this has to be done, and City
Attorney Ottinot said yes, the new law will be in effect on July I, 2006.
Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to withdraw this
item. The motion was approved by a voice vote of 5-0 in favor.
Commissioner Thaler said that there was a third ordinance that was set up that was superseded
by/or stricken by the State and that was the one pertaining to gas stations. He said he has
asked staff to check to see how many gas stations in Sunny Isles Beach actually have
conformed to it, and noted if they have 14 bays or more they must have a generator.
Commissioner Iglesias said do not replace common sense, generators can be blown away or
flooded, this does not guarantee that these stores will have power even though they have
backup power.
9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Addressing
Graffiti on Public and Private Property Within the City Limits; Defining Graffiti and
Establishing Criteria for the Prohibition and Removal of Graffiti; Providing for Penalties and
Enforcement, Exemption and Restitution; Providing for Severability; Providing for Repealer;
Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 05/18/06)
Action: City Clerk Hines read the title and Code Enforcement and Licensing Director Robert
Solera reported.
Public Speakers: none
Commissioner Thaler moved and Commissioner Goodman seconded a motion to adopt the
ordinance. Ordinance No. 2006-259 was adopted by a roll call vote of 5-0 in favor.
V ote: Commissioner Goodman yes
Commissioner Iglesias ~
Commissioner Thaler yes
Vice Mayor Brezin ~
Mayor Edelcup yes
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10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Calvin Giordano & Associates for Consulting Services for the Town
Center Park Restroom and Lighting Project, in an Amount Not to Exceed $25,872.00,
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 the
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager Jorge Vera reported.
Public Speakers: Marianna Talalaevsky
Commissioner Iglesias said while we are doing this we may want to look at the lighting to
have it a little more decorative, at the focal point of the entrance, maybe we can put in
lanterns, if not now maybe in the future to be more aesthetically pleasing.
Mayor Edelcup noted that the Park will be open until 9:00 p.m. and that we will be posting a
sign at the Park.
Commissioner Thaler said that we asked for bathrooms to be put into the Park and it opened
last November, and now we are talking about another 11 months. After discussion, Mayor
Edelcup said it was the consensus of the Commission to expedite this project and that we do
not want port-o-potties in the Park.
Commissioner Thaler said he would like the City Manager to come back at the next
Commission meeting [July 20, 2006] with a change in the date of completion. Assistant City
Manager Jorge Vera said in an effort to try to expedite this we are going to try to get a pre-
fabricated building. He said we also have other issues, including the 1nnd Street sewer main
which collapsed.
Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the
resolution. Resolution No. 2006-927 A was adopted by a voice vote of 5-0 in favor.
lOB. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the Purchase of Uniforms and Related Items for the Police Department from Gold
Nugget d/b/a Argo Uniform Company, in an Amount Not to Exceed $24,000.00;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Police Chief Fred Maas reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the
resolution. Resolution No. 2006-928A was adopted by a voice vote of 5-0 in favor.
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10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Chief of Police to Utilize Tip Top Dry Cleaners, Inc. for Dry Cleaning Services for
the Police Department, in an Amount Not to Exceed $15,000.00; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title and Police Chief Fred Maas reported.
Public Speakers: none
Commissioner Thaler asked if this is a local company, and Chief Maas said yes that they
have five branches and two of them are in North Miami Beach. He noted that they contacted
the cleaners in Sunny Isles Beach and they either did not meet the criteria or they were more
expensive then what we pay this vendor.
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2006-929 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, Adopting
"Florida's Riviera" and Replacing "A Life With a View" as the City's Official Slogan;
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 Administrative Services Director Alyce Hanson
reported. City Historian Richard Schulman reported noting as Historian he did some
research on this issue and noted that the definition of the word Riviera in Webster's
Unabridged Dictionary is "A resort area along the Mediterranean coast extending from St.
Tropez in southeast France to La Spezia in northwest Italy; often any similar coastal resort
area, the Florida Riviera." thus the term Florida's Riviera becomes one of interpretation and
perception. He said in his opinion the name Florida's Riviera as a slogan has a positive
connotation along with a healthy mental image of our Oceanside community. Mayor
Edelcup asked City Attorney Ottinot if there is any legal impediment as to why we cannot
adopt this slogan, and City Attorney Ottinot said that he researched this issue and has
determined that nothing precludes the City from using the term "Florida Riviera".
Public Speakers: Henry Kay; Audrey Beckhoff; Marianna Talalaevsky
Mayor Edelcup said it is interesting to note that some of the newspapers including the New
York Times and the Wall Street Journal has already referred to Sunny Isles Beach as the
Florida Riviera, and some of the comments here are tinged with sour grapes and now there is
reference that we don't see the sun here due to the buildings blocking the view. He said the
name Florida's Riviera is a plus for Sunny Isles Beach in that it denotes a luxury
environment, and an environment that has a beach meets the definition as researched by our
Historian. He said he has been in favor of it and it has been in the press for the last six
months, we have been testing it out and have had our consulting firm in a meeting here in an
earlier workshop where we discussed this and we have not received any negative comments
from the professional consultants as to the selection of that name.
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Commissioner Iglesias said that we are better than the Riviera, and that the idea for the name
came from the New York Times. He said in reference to the shade on the beach, he lived in a
two-story condominium before the high-rises came, at 2 :00 p.m. December 21 his two-story
condominium already covered the whole beach. He said this Commission has taken steps to
make sure that there are enough setbacks so there are still view corridors and enough sun.
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the
resolution. Resolution No. 2006-930 was adopted by a voice vote of 4-1 [Commissioner
Goodman against) in favor.
Administrative Services Director Alyce Hanson asked for direction, as she and Cultural and
Human Service Director Susan Simpson met with the Altius Group, that if the tag line was
approved that they would recommend evolving into using it and that we keep our branding.
Mayor Edelcup said to start with the new Fiscal Year probably at the time when we are
printing new stationery which will usually come in November with the change of the vice
mayor position. Mayor Edelcup said that we are not talking about doing away with the wave,
only replacing "Life With a View" with "Florida's Riviera". Ms. Hanson said the Altius
Group recommended that the City evolve into a little bit more softer look and they would
like to work with the City in doing that. Mayor Edelcup said they can work with staff and
when they have something to present to the Commission then we will look at it. City
Manager Szerlag said what Ms. Hanson is referring to is taking the actual "Florida's Riviera"
slogan and begin placing it on literally everything, and that we would start looking at that in-
house, and then ifthere are any large amounts to effectuate this change, we will wait until the
new budget cycle which starts in October. Commissioner Thaler said not to order anything
else in the clothing area with the slogan "Life With a View".
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Painting of the City's Three (3) Existing Shuttle Buses, by Atlantic Bus Sales, in the
Officially Approved Base Color of "LN" Light Blue Effect and an Amount Not to Exceed
$24,900.00, as Quoted and Attached Hereto 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 Hines read the title and Cultural and Human Services Director Susan
Simpson reported that this is to paint our current three City shuttle buses the light blue that
the two new buses are arriving in so that our entire fleet will match.
Public Speakers: none
Mayor Edelcup asked about the white buses that he sees that are still being used, and Ms.
Simpson said when the two new light blue buses are in and the other three are painted, we
will surplus them.
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-931 was adopted by a voice vote of 5-0 in favor.
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lOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of 12 Bus Shelters from Tolar Manufacturing Company, Inc., in a Total
Amount Not to Exceed $76,300.00, as Quoted and Attached Hereto as Exhibit "A",
Piggybacking City of Coral Springs Agreement #05-B-136M, Attached Hereto as Exhibit
"B"; 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 Cultural and Human Services Director Susan
Simpson reported noting that these bus shelters will go into the locations where they have
already been designated and currently have bus shelters in them.
Public Speakers: none
Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-932 was adopted by a voice vote of 5-0 in favor.
lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Nutting Engineers of Florida, Inc. for Construction Materials
Testing and Special/Threshold Inspection Services, in an Amount Not to Exceed
$30,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of this Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and Cultural and Human Services Director Susan
Simpson reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the
resolution. Resolution No. 2006-933 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
the Acceptance of a Donation from the Sunny Isles Beach Resort Association, in the
Amount of $5,000.00 to Help Pay for the Fireworks Display at the City's 9th
Anniversary Event; Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title and Cultural and Human Services Director Susan
Simpson reported.
Public Speakers: none
Commissioner Iglesias asked ifhe should refrain from voting on this item as he is a member
of the Resort Association, and City Attorney Ottinot said under the law there is no conflict.
Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the
resolution. Resolution No. 2006-934 was adopted by a voice vote of 5-0 in favor.
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101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Appointing
the City Manager or Designee and Assistant City Manager or Designee as Members to the
Shoreline Development Review Committee; Providing for an Effective Date.
Action: 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. 2006-935 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Addendum to the Parks/Medians/Rights-of-Way Landscape Maintenance
Agreement (Base Agreement) with Luke's Landscaping, Inc., in an Amount Not to
Exceed $45,000.00, Attached Hereto As Exhibit "A", for Additional Seasonal Plantings in
the Medians, City Entryways, and Samson Oceanfront Park; Authorizing the Mayor to
Execute Said Addendum; 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 meeting.} City Clerk
Hines read the title and City Manager Szerlag reported noting that this is for enhanced
landscaping in essentially six areas: Collins A venue, where there are 50 median noses and 38
of them currently do not have flowers, Samson Oceanfront Park, Winston Boulevard,
Lehman Causeway, Arlen House, and Atlantic Isle entrance. He said in addition they can
plant some flowers along most of the area of the fence that is contained in the median.
Public Speakers: none
Commissioner Thaler asked if there will be additional landscaping for the entranceways to
the City and City Manager Szerlag said we do have Lehman Causeway. Mayor Edelcup said
that the others are medians, north and south on Collins A venue, and the other one is on the
building at FPL. Commissioner Thaler asked about the entryway at 163rd Street, and City
Manager Szerlag said that they had spoken about some additional planting at a later point.
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the
resolution. Resolution No. 2006-936 was adopted by a voice vote of 5-0 in favor.
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10K. Add-On:
Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an
Agreement with Sergio Diment to Provide Advertising Services to Cover the City's 9th
Anniversary Celebration and Other City Related Events, in the Amount Not to Exceed
$12,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of the Agreement; Providing for an Effective Date.
Action: [City Clerk's Note: See Item 4A, documents were handed out prior to meeting.}
City Clerk Hines read the title and Administrative Services Director Alyce Hanson reported.
She said that they are also asking that Mr. Diment change the name of the Sunny Isles
Magazine to the Sunny Isles Beach Magazine, and that any City information he presents in
this magazine be in both Spanish and in English
Public Speakers: none
Vice Mayor Brezin said that she would recommend that distribution include some of our
businesses such as the Rascal House, Trump International, Bico Restaurant in La Meridien,
which would give people that have private homes access to the magazine as well, and Mr.
Diment agreed.
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2006-937 was adopted by a voice vote of 5-0 in favor.
10L. Add-On:
Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Proposal from Signs For You, Inc. for the Purchase and Installation of Four (4) Beach
Access Dedication Signs, in a Total Amount Not to Exceed $14,400.00, Attached Hereto 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: See item 4A, documents were handed out prior to meeting.}
City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson
reported noting that these are completely separate from the general beach access signs that
are out to bid right now.
Public Speakers: none
Mayor Edelcup said that these would be kept in inventory until we need them.
Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the
resolution. Resolution No. 2006-938 was adopted by a voice vote of 5-0 in favor.
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11. MOTIONS
llA. Call for a Motion regarding Nominations for the Florida Cities of Excellence Awards.
Action: Vice Mayor Roslyn Brezin reported nominating Mayor Norman S. Edelcup for the
category of Mayor of the Year, and Commissioner Lewis J. Thaler for the category of
Council Member of the Year. She said that they have added so much to the success of Sunny
Isles Beach by their loyalty, their dedication, and by their accomplishments.
City Attorney Ottinot said that this voice motion will be turned into a resolution for the
record.
Vice Mayor Brezin moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2006-939 was adopted by a voice vote of 5-0 in favor.
12. DISCUSSION ITEMS
12A. Discussion on the Status of Negotiations relating to FPL Franchise Fees.
Action: City Manager Szerlag reported that since the last report by Mayor Edelcup the
County has agreed to repay three years out of the four years instead of two years that they
originally agreed to, which will equate to about $590,000.00. He said we will still need to
have an operational definition of the franchise fee payment methodology from this point
forward, and once we get that and all the newer municipalities agree, we will then come back
to our individual governing bodies and recommend approval.
Mayor Edelcup gave some background information reporting that after a series of meetings
over the last couple of years, the County and the cities are very close to reaching an
agreement, which three out of the four years of the collections, differing from the original
formula, will be paid to us. He said a new formula will be entered into an agreement
between the City and the County as well as the other four cities [A ventura, Key Biscayne,
Pinecrest, and Miami Lakes] going forward. He said this dispute has been going on since
2001 when this was brought to the attention of the City Commission that the County had
unilaterally made this change, and through our efforts as well as the other cites we have been
able to recoup this money.
Commissioner Thaler said through Mayor Edelcup's perseverance and standing up to the
other cities and to Miami-Dade County, to get three years for Sunny Isles Beach and the other
cities, where most of the other cities were willing to settle for two. He said Mayor Edelcup
held out and the others finally agreed with him and here we are getting $200,000.00 above
and beyond what we would have had if our Mayor had not been involved in this negotiation.
12B. Discussion on the Status of Utility Undergrounding.
Action: Assistant City Manager Vera reported noting that he and City Attorney Ottinot met
today with an FPL representative to discuss replacement of the utility lines. They gave FPL
the right-of-way maps for Atlantic Isle so they can go ahead and try to expedite and provide
the City with an answer as to when we can underground those utility lines and we should
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receive that answer in the very near future.
Commissioner Iglesias said that Collins A venue has less and more stringent utility lines
under the ground then what you are going to get in the 21- foot easement that you have in
Atlantic Isle, so they are saying by August 2006 FPL will be making the determination on
whether to use public or private lands for the undergrounding of the utilities. Assistant City
Manager Vera said it will be quicker then that after today' s meeting. Commissioner Iglesias
said if they come back and say we can't use public right-of-way, we gave up land behind
Navarro's where they split the right-of-way which they are using as an easement, the same
thing could be done on Atlantic Isle with a caveat that easement that is given to those
property owners will be for a utility easement for the undergrounding.
Mayor Edelcup, on behalf of the Commission, instructed staff to include Commissioner
Iglesias the next time they meet with FPL, since he will recluse himself as it relates to
Atlantic Isle, he could be working on behalf of the common interest.
Commissioner Thaler said after this goes underground, lets go to the other side, the people of
Golden Shores will have to connect with this line? Assistant City Manager Vera said yes, as
well as Atlantic Isle, if one individual does not connect, the poles stay up. Mayor Edelcup
said that every single homeowner will have to connect from the easement area where the
direct line runs through to their individual home. Commissioner Iglesias asked if someone
decides not to connect, can we pass an ordinance forcing people to connect? City Attorney
Ottinot said that there is law that supports the City position to require certain residents to
underground, the issue is, is the City going to pay for the cost connection and eventually
recoup the cost from a Special Assessment. He said the bottom line is generally there is a
mechanism that you can do it and if the resident refuses to pay for the connection costs, you
have to pass an ordinance to recoup it to some kind of Special Assessment. Commissioner
Iglesias said that it's not because they don't want to do it, but maybe they just won't have the
money at the time. Mayor Edelcup said when we get there we can find out, that is a finance
mechanism, and whether or not the City fronts it and then collects over a period of time is
something that can be worked out.
City Manager Szerlag said he didn't see the right-of-way maps, and asked if they delineate
the existing location of utility lines, and Assistant City Manager Vera said no. City Manager
Szerlag said we will have to do a stake and location within the right-of-way, identify what
specificity the location of existing utility plant material, then we can go to FPL and talk to the
decision maker and say, okay here is the cross section of the right-of-way, here is the location
of existing utility lines, here is where you can place the undergrounding, and that would be a
better argument for us. Commissioner Iglesias said that is fine, and asked if we have a soft-
dig contractor that can go out and do utility verifications or do we have to contract that out,
as right now it is very easy, we've got everything that is overhead, underground, we have
septic tanks, so the only thing we may have is water, just find out where the water lines are.
City Manager Szerlag asked if there were any storm drainage underground, and
Commissioner Iglesias said no. Mayor Edelcup said that there have been a couple of homes
built that put their service underground, and Commissioner Iglesias said their service
underground is basically from their property line.
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Summary Minutes: Regular City Commission Meeting
June 15,2006
City of Sunny Isles Beach, Florida
Commissioner Goodman asked what would the probable cost be per homeowner, and
Commissioner Iglesias said about $500 to tap from the house to the line. City Attorney
Ottinot clarified that the FPL representative indicated to him that the cost may vary based on
the age of the home.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Request of Herbert Abramson to Discuss the Status of the Beachwalk.
Action: City Manager Szerlag thanked the Commission for taking time out of their
schedules to walk the area on the public beach contiguous to Samson Oceanfront Park that
was piped with an 8-foot piece of railroad tie, while that area that was piped did not result in
better compaction per se, it was easier to traverse and the residents that were there indicated
that we should try to, on a continuing basis, have an area for a beachwalk that is essentially
piped by using a combination of moisture and a heavy pipe or piece of wood to drag along
the beach.
City Manager Szerlag said that this issue is also intertwined with the umbrella and beach
chair issues that he is working on with property owners on the east side of Collins A venue.
He said he believes after meeting with those property owners, addressing some of their
concerns, taking two of their number and reinstating the Beachwalk Fact Finding Committee,
and address this issue of exact location of the piping in conjunction with maintaining the
entire public and private beach area, as well as locating chairs and umbrellas, that we may be
able to find a commonality that is acceptable to all, with the recommendation coming back to
the Commission.
Public Speakers: Mercedes Cantrell; Alex Fusco; Dr. Kathy Schultz; John Higgins; Herb
Abramson; Isaac Aelion
Dr. Kathy Schultz, Chairperson of the Beachwalk Fact Finding Committee, noted that how
pipe is dragged or what exactly you use definitely alters what kind of a surface you get. She
said over the last year privately contracted Shane French [Beach Service East, Inc.] has
handled doing a lot of the smoothing of the beach, and he went through great pains to make
sure it was approved by DEP and people that allow how much you can compact and where
you are going to interfere with the turtles. She said if you go slightly west of where the
garbage cans tend to be, that area is already somewhat more compacted because the trash
vehicles, emergency rescue vehicles, and parks vehicles tend to go there, and once Mr.
French does his thing across it, it actually becomes very comfortable shallow walking and
provides a very firm surface. City Manager Szerlag noted that he has invited Shane French
to the meetings that he is going to be having as a resource person.
Herbert Abramson said there have been some good improvements in the center of Collins
A venue, safety improvements, putting fences in the landscaping to prevent visitors and
citizens alike crossing and being injured or killed, or destroying the landscaping, but
unfortunately at Poinciana Island at 160th Street, the City has allowed concrete to replace
landscaping, allowing a developer to pour concrete where landscaping should be and he
asked that the Commission reconsider, as that developer went ahead and took out Poinciana's
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Summary Minutes: Regular City Commission Meeting
June 15, 2006
City of Sunny Isles Beach, Florida
northbound left turn lane without a permit and is required to put it back, but they didn't put it
back properly. Commissioner Iglesias said that the concrete was put in by the developer, but
he received a call today from City Manager Szerlag and Assistant City Manager Vera saying
that the developer was told by DOT that specs have changed. He said he did not recall those
specs changing so he spoke to Howard Desdune who is the District Design Engineer, and he
specifically told him that concrete is not a prerequisite and therefore they are going to remove
it so we can put landscaping in the median to make it more pedestrian friendly. He
acknowledged Mr. Abramson's hard work from the very beginning pushing for landscaping
in this City.
Herbert Abramson said he was disappointed that he was not appointed to the Beachwalk Fact
Finding Committee. He said he spent over a year researching this, and a beachwalk is doable
without harm to the turtles. He said he would like the City to go forward with a beachwalk,
and he had over 3,000 citizens that signed the petitions. He urged the Commission to hire a
professional beachwalk engineer to design what needs to be done to give the citizens of
Sunny Isles Beach a beachwalk. Mayor Edelcup said when the Beachwalk Fact Finding
Committee was appointed it was done at an open hearing and all the members of this
Commission participated, and we increased the size of the Committee because
Commissioner Iglesias wanted to add one other person. Commissioner Iglesias said that
person asked him to be put on that committee, and Mayor Edelcup noted that a lot of people
were involved that wanted to be on this committee but we had to limit the size so that it
would be a workable committee. He noted that they had thanked the Sunny Isles Beach
Beautification Trust at that time for all the work they did. He said the Beachwalk Fact
Finding Committee did not advise the City as to what to do, but only brought the facts
forward.
Dr. Schultz said that Mr. Abramson must have missed their Beachwalk Fact Finding
Committee presentation because had he been there he would have understood more clearly,
as we provided a very thick report on numerous matters including the reasons why our beach
was in no way comparable to Bal Harbour in particular, the fact that we barely have a
primary dune, the amount of beach that would be lost in generating two layers of dunes
which would be required if you ever built behind one, and that our private property lines are
far forward into the sands of the beach, which no other beach in South Florida is actually in.
Dr. Schultz said the people on that committee came on board initially with very strong
opinions and quite evenly decided, and deliberately so on the Commission's part, on both
sides and they sat together over a long period of time and looked at what things were
possible. She said the report states approximately 4 or 5 different ways a beach can have a
walk placed and we looked at all of those and why they would or would not be possible or
useable for our particular beach. She said by the end of the time when that committee
worked together, people on all sides were very clear that the various things that we presented
that we were all in agreement that this was as near as possible. She said Calvin Giordano and
Associates, provided them with an expert who works with placement of beach walks in areas
and various other environmentally sensitive issues and she was tremendously valuable in
providing very accurate and scientific information.
15
Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to adjourn the
,me<;ting, and Mayor Ede1cup adjourned it at 9:36 p.m.
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'Re'Spectfully.sulSmitted by:
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.:. jap~'A. Hines, 'C~G, City Clerk
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Summary Minutes: Regular City Commission Meeting
14. ADJOURNMENT
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June 15, 2006
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