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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 ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 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 2 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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 3 Summary Minutes: Regular City Commission Meeting June 15, 2006 City of Sunny Isles Beach, Florida 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 4 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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 5 Summary Minutes: Regular City Commission Meeting June 15, 2006 City of Sunny Isles Beach, Florida 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. 6 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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. 7 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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. 8 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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. 9 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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. 10 Summary Minutes: Regular City Commission Meeting June 15, 2006 City of Sunny Isles Beach, Florida 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. II Summary Minutes: Regular City Commission Meeting June 15, 2006 City of Sunny Isles Beach, Florida 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 12 Summary Minutes: Regular City Commission Meeting June 15,2006 City of Sunny Isles Beach, Florida 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. 13 - 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 14 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. ..... .. . {'., 'Re'Spectfully.sulSmitted by: '~. "" '.".4~".~ "'lr \ ' '. . ... t . ,. t .l . ~ . . .. . , .:. jap~'A. Hines, 'C~G, City Clerk . . Summary Minutes: Regular City Commission Meeting 14. ADJOURNMENT . . , . J /""-., ( . \.... r'l. "'.., .-"" " (... :... ~,1 .", \ June 15, 2006 City of Sunny Isles Beach, Florida 16 ,2006