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HomeMy WebLinkAbout2006 0316 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March 16,2006, 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 ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:34 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 Deputy City Attorney Patricia SaintVil-Joseph Mayor Edelcup gave opening remarks of decorum. 2. PLEDGE OF ALLEGIANCEIINVOCA TION Action: Miami-Dade County Commissioner Sally Heyman led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - February 16, 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 5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Defer Item 5A; Add Item 5C; Amend Item 7 A; and hear lOA after presentations. 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. Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Presentation of Law Enforcement Traffic Unit Officer Awards (LEO) by Police Chief Fred Maas to the Sunny Isles Beach Motorcycle/Traffic Unit. Action: Deferred at the request of Police Chief Fred Maas. 5B. A Proclamation to be Presented to Mary Ann Eicke-Shaw Proclaiming March 16, 2006 as "Mary Ann Eicke-Shaw Day in the City of Sunny Isles Beach". Action: Mayor Edelcup on behalf of the City Commission presented a Proclamation to Mary Ann Eicke-Shaw in honor of her dedication to this City and to its citizens. 5C. Add-On: A Proclamation Proclaiming the Week of April 2 - 8, 2006 as "Miami-Dade Public Library System Appreciation Week in the City of Sunny Isles Beach". Action: Mayor Edelcup on behalf of the City Commission presented a Proclamation to Sunny Isles Beach Library Branch Manager Jennifer Dewsnap. Mayor Edelcup said that he and the Commission are looking forward to April 5, 2006 when they will be reading stories to the children at the Library, and noted that County Commissioner Sally Heyman will also be there on April 7, 2006. Mayor EdeIcup introduced County Commissioner Sally Heyman and she thanked him and the Commission, and commended the Miami-Dade County Library System. 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 Ordinance No. 2006-249 and Repealing Section 193 of the Code of the City of Sunny Isles Beach Relating to Construction Noise; Providing for Purpose and Intent; Providing for Definitions; Providing Limitations on Construction Activities; Providing for Waivers; Providing for Penalties and Enforcement; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported noting that a revised Ordinance was distributed. He said that this Ordinance extends the time period for construction activity as follows: Standard Time: 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday; Daylight Savings Time: 7:00 a.m. to 7:00 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, and noted that there is no construction activity permitted on Sundays and certain Federal Holidays. He said the waiver provision has been beefed up to provide standards for granting of waivers, and that the range of monetary 2 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida penalties had remained the same. Public Speakers: George Berlin; Ron Choron; Henry Kay; Lauren Benz; Rick Kolb; Clifford Schulman, Esq. Mayor Edelcup said we put in stiffer penalties last month to ensure better compliance with the noise ordinance, and at the same time we were requested by developers and their attorneys to look at the hours that the City was allowing people to create noise during construction. He said that they have now come up with an ordinance that is a compromise to the problem by adding a half hour in the morning and about an hour and half to two hours in the evening for construction noise, with the proviso that the heavier penalties will fall into play if those extended hours are violated. Commissioner Thaler noted an article that appeared in the Miami Herald/Neighbors from a person who related his distaste for the extension on the time but one of the things that he omitted was the fact by giving them the right to pour longer, it will shorten the time the noise will be there, and it will get done faster. Commissioner Iglesias said when there is work on Collins A venue and you have to close a lane for a pour, traffic gets very heavy, so the quicker you are in and the quicker you are out the happier we are in FDOT. Vice Mayor Brezin agreed and noted that people have to be patient as it is not a permanent situation. Ron Choron, of Jade, requested that the Commission consider tying the hours to a decibel rating on noise. He said if they are not making any noise and they are pouring concrete that they would like to continue pouring. Mayor Edelcup said that this Ordinance is only covering noise making construction equipment, and Commissioner Iglesias said that ifthere is no noise you can paint all night long. Mr. Choron asked if the preliminary, advanced notice of concrete pours is still in force, and the Commission said yes. He asked what the decibel rating is, and Code Enforcement and Licensing Director Robert Solera said 120 db. Assistant City Manager Vera said what this Ordinance is doing is stopping outdoor work, and trawling machines, etc., are outdoor work, and what the Commission is referring to is once you close up and you make the building dry, they don't have a problem with you working in the inside. Building Official Clayton Parker said that it might be a good idea to add that decibel rating in the Ordinance, and noted that the 120 db is fair. City Manager Szerlag said that the decibel rating would be taken at the property line, noting that there is an ambient standard for traffic noise. He said sometimes a municipality will have an Ordinance indicating that construction noise can be a certain db level but cannot exceed the ambient noise of traffic also at the property line and it is whatever is less, and so it is more restrictive. Rick Kobi of Pavariti Construction, pointed out that it is very important that you assign a decibel rating to the Ordinance and 120 is fair, and it would allow them to work within the noise ordinance restrictions and be able to monitor themselves, and agreed that it should be measured at the property line. Code Enforcement and Licensing Director Solera said that he tends to disagree on that as he will have to have his officers trained on a decibel meter in terms of measuring the decibels. Mayor Edelcup said he would suggest leaving the Ordinance the way it is with a procedural instruction to the City Manager or his designee to determine what is the appropriate noise level permitted within the City. He said it would be better that we pass the Ordinance that 3 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida prohibits noise, and leave it open enough so that the City Manager has the flexibility to be able to measure it rather then having everyone walking around with a decibel reading meter. Commissioner Goodman said that a lot of the major problems when it comes to construction are that they don't have staging areas and the trucks that come to the development are blocking the traffic on Collins Avenue. He said the Police Department has to close off one lane and sometimes two lanes and they put people out there with a stop sign for trucks coming in and out of the property. Clifford Schulman, Esq., representing Joe Milton and Associates, noted that he had raised one point with the City Attorney on what grounds they have to show in order to get the extraordinary hours for the big pours, and that the City Attorney had indicated to him that between now and second reading, they would work that out. City Attorney Ottinot said it is basically a scrivener's issue that he will correct before second reading. Commissioner Goodman 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 of 5-0 in favor. Second reading, public hearing will be held on Tuesday, April 11, 2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup yes 7B. Emergency Ordinance An Emergency 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. Action: City Clerk Hines read the title, and Mayor Edelcup reported noting that this Ordinance is a companion Ordinance that was previously adopted where we require the gasoline stations operating within the City to have a generator Public Speakers: none Commissioner Thaler pointed out that Publix has already stated that they will put generators in every one of their stores by 2007. Building Official Clayton Parker said that the Commission is a step ahead of the State. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to adopt the emergency ordinance. Ordinance No. 2006-250 was adopted by a roll call vote of5-0 in 4 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 7C. Emergency Ordinance An Emergency Ordinance of the 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. Action: City Clerk Hines read the title, and Mayor Edelcup reported noting that this was a companion Ordinance to the previous Ordinance. City Attorney Ottinot noted that the State set it at 75-feet as the threshold. Public Speakers: none Vice Mayor Brezin asked if there is any law in place where the generators have to be tested regularly, and Building Official Parker said yes, that the Fire Department annually tests the generators. Mayor Edelcup asked if we need to consider on an interim or test basis if that would be something that Building or Code Enforcement should take on within the City rather then rely on an annual visit by the Fire Department. Building Official Parker said that in the old Code the Building Department should also inspect the buildings but they took that out about eleven (I I) years ago and left it to the Fire Departments to do those inspections. He said we can look at it. Mayor Edelcup said this is first reading and that we should add in the provision that on a local basis we should be able to test that out. City Attorney Ottinot said that the Commission wanted these ordinances adopted on the fast track and this is an emergency ordinance and only requires one reading, so if you want this provision, we will amend the ordinance tonight, and Vice Mayor Brezin said that she would like it amended tonight. City Attorney Ottinot said that this Ordinance will be effective for 90-days and then we have to re-adopt it to make it permanent under State law, and go through first and second readings. Commissioner Thaler suggested adopting it as is, and when we come back put the amendment in it. Commissioner Goodman asked how often would you check the generator, and Building Official Parker said that they would look at their maintenance record and have them test the building. Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to adopt the emergency ordinance. Ordinance No. 2006-251 was adopted by a roll call vote of5-0 in favor. Vote: Commissioner Goodman ~ 5 Summary Minutes: Regular City Commission Meeting March 16, 2006 City of Sunny Isles Beach, Florida Commissioner Iglesias ves Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Requiring a Permit for Public Assembly Within the City Limits; Establishing Criteria for the Issuance of a Permit; Providing for Definition; Providing for Processing Fees and Compliance Procedures; 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 and noted that at this time the City doesn't have any regulations dealing with public assembly on public property. Public Speakers: none Commissioner Thaler 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 Tuesday, April 11, 2006, at 7:30 p.m. Vote: Commissioner Goodman Commissioner Iglesias Commissioner Thaler Vice Mayor Brezin Mayor Edelcup yes ~ ~ ~ yes 7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-34, 265-35, and 265-36 of the Zoning Code to Increase the Price ofa Bonus Participation Unit from $35,000.00 to $50,000.00 in Certain Zoning Districts; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported. Public Speakers: none Commissioner Thaler said that he would like to add that we review this every year or every two years and that it should be put into the Ordinance, and it was the consensus of the Commission to put it in the Ordinance to review every two years. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Tuesday, April 11,2006, at 7:30 p.m. V ote: Commissioner Goodman ~ Commissioner Iglesias ~ 6 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup ~ Mayor Edelcup asked to take lOB out of order and hear it now and then call for recess, as representatives from Mount Sinai Hospital are in the audience, and the Commission agreed. 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Requiring Marina Owners and Operators to Install and Maintain a Safety Fence or Railing Lining the Perimeter of All Docks Located Adjacent to a Walkway; Providing for Purpose and Intent; Providing for Definitions; Providing for Height Limitations; Providing for Enforcement and Penalties; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 02/1 6/06) Action: City Clerk Hines read the title and Vice Mayor Brezin reported noting that this Ordinance applies to commercial marinas only. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-252 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 250-12 of the Code of the City of Sunny Isles Beach Relating to the Utility Requirements of New Construction and Rehabilitated Structures; Providing for the Installation of Underground Service Facilities on All New Construction Within the Town Center District; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 02/16/06) Action: City Clerk Hines read the title and Mayor Edelcup reported noting that we had the provision that covered Collins A venue but we did not have the provision for the undergrounding to be done by the Developers in the Town Center/Sunny Isles Boulevard. 7 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Thaler asked if a project were to come up where a complex was torn down and started from scratch in one of the areas beyond 172nd Street that would not be included. Mayor Edelcup said what Commissioner Thaler is suggesting is in the interior part of the City that presently have overhead, if we could cover those areas such as single-family homes, low- rise areas, town house areas. Mayor Edelcup said we have covered the business district and if the Commission wants to look at bringing something forward later that covers the other districts, rather then hold this one up. City Attorney Ottinot said we would follow through with these comments to see what other areas we could cover. Mayor Edelcup said that some areas should be excluded. Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to adopt the ordinance. Ordinance No. 2006-253 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 yes Mayor Edelcup yes 9C. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Prohibiting the Use of Window Covering Material, Barrier or Sign that Exceeds 15% of the Total Transparent Area of Any Window Within a Commercial Establishment; Providing for Penalties; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 02/16/06) Action: City Clerk Hines read the title and City Attorney Ottinot reported noting the purpose of this Ordinance was to preclude businesses from preventing visibility from outside. Public Speakers: none Commissioner Thaler moved and Commissioner Goodman seconded a motion to adopt the ordinance. Ordinance No. 2006-254 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor EdeIcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement Between the School Board of Miami-Dade County, Florida, and the City of Sunny Isles Beach Relating to the Construction of a K-8 Public School in Sunny Isles Beach, in Substantially the Same Form Attached Hereto as Exhibit "A"; 8 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for Ratification by the City Commission; Providing for an Effective Date. Action: [City Clerk's Note: Taken out of order after Presentations.] City Clerk Hines read the title and City Attorney Ottinot reported. Mayor Edelcup said that this is one of those nights that are monumental for us as we are entering into an Interlocal Agreement with the Miami-Dade School Board which will provide the operating policies that we have agreed to, working jointly with them. Public Speakers: James Brako, Esq.; Bob Welsh James Brako, Esq., with Miami-Dade County Public Schools, said it was a pleasure dealing with the elected officials and also the City Manager's Office in structuring this Interlocal Agreement, and the help they received in negotiations with the property owners. He said that both lawsuits with the two properties were filed in February and Order of Taking Hearings trial is scheduled for May 2006. He said they are moving on the fast-track and based on the terms of the Interlocal Agreement, are committing to having the school constructed for the opening school year of 2008. Bob Welsh, Chairman of the Education and Schools Committee, thanked everyone and said after two years of the committee negotiations and meetings, we are taking a forward step and moving. Mr. Welsh said he wanted to especially thank City Attorney Ottinot and Attorney Brako, and Janet Cini who is the Vice-Chairman of the Education and Schools Committee who was his right hand. Commissioner Goodman said that this is the first time in the history of Dade County that a City donated money, $10 Million, to build a school in Miami-Dade County, and the City deserves a lot of credit, and if more cities did that, education would be much better in the State of Florida. Mayor Edelcup said that hopefully we will be a guide to other cities to emulate what we have done. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-897 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Logisticare Solutions, LLC for Round Trip Transportation Services for Qualified Residents to Mount Sinai Hospital, in the Amount of$675.00 Per Week on a Three-Month Trial Basis with an Option to Renew Annually, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement and Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: [City Clerk's Note: Taken out of order after 7E, and a revised Exhibit "A" was distributed.] City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: Jared Smith, Mt. Sinai; Charlene Walker, Mt. Sinai; Alex Batista, Logisticare 9 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida Ms. Simpson said that this service goes into effect on Monday, April 3, 2006, and it will be put on CATV, Sunny Isles Beach Sun, and the City's Website. She said Mt. Sinai is working with the City on a brochure which will go out to the shuttle buses and condos. Commissioner Iglesias asked if we provide services to take citizens to A ventura Hospital, and Ms. Simpson said currently our Shuttle Bus System links up with A ventura Shuttle Bus System at the Mall. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-898 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: City Commission took a 5-minute recess before going to Item 9A.J 10C. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida Approving an Agreement with Shenandoah Construction Company for the Cleaning of Storm Water Drains and Catch Basins and Jetting of Lines Throughout the City, in an Amount of $24,475.50, with Two One-Year Renewal Options, 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 Public Works Director James Watts reported. Public Speakers: none Commissioner Thaler said he would like to add a date of "June 1 st" of each year before the beginning ofthe Hurricane season. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2006-899 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 Approving an Agreement with Southeast Mechanical Contractors, Inc. for Maintenance Services for the Sunny Isles Beach Government Center Air-Conditioning System, in the Amount of $21,789.95, with Two One-Year Renewal Options, 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 Public Works Director James Watts reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-900 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Approving an Amendment to Agreement with Lukes' Landscaping, Inc. in an Annual Amount of $52,000.00, Attached Hereto as Exhibit "A", in Accordance with Resolutions No. 2003-556 and 2001- 390, for Landscape Maintenance of Town Center Park; Authorizing the Mayor to Execute Said Amendment to Agreement; 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 Public Works Director James Watts reported. Public Speakers: none Vice Mayor Brezin asked if this is the same fee that will be in existence for them to maintain the landscaping even if we are not putting anymore landscaping in, and Public Works Director Watts said that this is predominately maintenance, and that there are certain areas that we guarantee replacement such as the annual flowers. Commissioner Goodman asked if we collected any money from the loss of the foliage in any of the parks, and Public Works Director Watts said that we have filed applications and are still working with FEMA. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-901 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For and Accept a County Incentive Grant through the Florida Department of Transportation (FDOT) on Behalf of the City, in an Amount of $763,000.00 with Matching Funds, in Order to Design and Construct a Pedestrian/BicycIe Greenway Connector Bridge between 172nd Street and 174th Street; Authorizing the City Manager to Take Any and All Action Necessary With Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Commissioner Goodman asked if we are moving ahead with getting approval from all the City and State agencies for this project, and if we have a time period when we are going to start and complete this project. Assistant City Manager Vera said he would get the time line, noting that the monies would not be awarded until down the road. Commissioner Thaler announced that County Commissioner Sally Heyman has agreed to carry this request for us to the County Commission. Commissioner Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-902 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias abstained as he is with FDOT] in favor. II Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida lOG. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Payment of$39,000.00 to 17200 Collins Avenue Ltd.,for the Purchase and Installation of Additional Fencing at the Town Center Park; 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 Assistant City Manager Vera reported. Public Speakers: none Commissioner Goodman asked when the bathrooms will be built in Town Center Park, and Assistant City Manager Vera said that staff is already looking into it and that the City's Consultants, Calvin Giordano and Associates, are looking into the purchase of pre-fabricated bathrooms that would be installed but he does not have a date yet. Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-903 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida Authorizing the Payment of $11,000.00, to TowBoatU.S. North Miami/Action Marine Towing & Salvage, Inc., for Removal and Disposal of a Disabled Vessel in the Waterway; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Code Enforcement and Licensing Director Robert Solera reported. Public Speakers: none Mayor Edelcup asked if we can take whatever legal actions necessary to recover the cost from the owner, and Mr. Solera said yes. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-904 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Computer Maintenance Services Agreement with International Business Machines (IBM) Corporation, in the Amount of$II,785.27 and Substantially the Same Form as the Agreement 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 Information Technology Director Derrick Arias reported. Public Speakers: none Commissioner Thaler asked if this was ongoing and IT Director Arias said yes it is an on- 12 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida going annual cost as long as we maintain that system. Commissioner Thaler asked if the price will go up each year, and IT Director Arias said yes but that there is a cap on it. Mayor Edelcup asked if we would get a better price if we did a multi-year agreement as opposed to a single year, and IT Director Arias said that the vendor, Midrange, indicated that there is no advantage to a multi-year agreement. Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-905 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 the Base Color of Two (2) New Community Shuttle Buses that the City is Purchasing from 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 Mayor Edelcup said we had a workshop and this is the Resolution for the approval of the base color [light blue with a dark wave]. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-906 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Supporting the Miami-Dade County Public School Legislative Priorities and 2006 State Legislative Program; 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 Mayor Edelcup reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-907 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2005-807 to Approve a Set of Amended Plans Attached Hereto as Exhibit "A", for the Park-Like Improvements at the Western Portion of Sunny Isles Boulevard Causeway as Part of a Parking Licensing Agreement by and between the City of Sunny Isles Beach and Fortune Beach, LLC; Authorizing the City Manager to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: City Attorney Ottinot said he is requesting to defer this item until April because he has been in contact with the attorney for Fortune and they are trying to work out a parking agreement and that they indicated that they ran into some soil problems under the Sunny Isles Beach bridge and they need additional time to commence construction, and so they want this amendment and the amendment to the site plan to be done at the same time. 13 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to defer this item to April 11, 2006, and it was approved by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding the Baywalk. Action: Assistant City Manager Vera reported noting that the City contracted with Calvin Giordano and Associates to commence study and permitting of a baywalk connecting the western end of Town Center Park with the proposed pedestrian and bicycle bridge at North Bay Road. He said after meeting with DERM the location of the original walk that abutted Salem House Apartments could not be placed on ground level, and noted that a second alternative would be to place the walk north of the mangrove area although it would be elevated. He said that staff is seeking direction from the Commission to proceed with the permitting, and the consensus was to proceed with it. Commissioner Iglesias asked if this was like an extended dock and Assistant City Manager Vera said yes. 12B. Add-On: County Commissioner Sally Heyman report regarding Segways and the Regional Hurricane Training Program. Action: County Commissioner Sally Heyman said that tomorrow (Friday, March 17,2006) one of the Sunny Isles Beach Police Officers will be trained on the human transporter the Segway which is an additional law enforcement tool. She said that the City has a wonderful policing structure and with Chief Maas supporting this we are going to expand community policing to include the Segways. She said this will put one of our officers outside a vehicle, motorize them, so he or she can get throughout Sunny Isles Beach especially at a congested time not only on the streets but the pedestrian access points. She said they are going to be trained tomorrow with other officers and be certified at the end of the day, and that North Miami Beach is hosting the training, with her office's donation to this City as well as other cities to enhance a fine law enforcement agency. County Commissioner Heyman also noted that on Monday (March 13,2006), the City of Sunny Isles Beach participated in a regional hurricane training program held at the Koven Center, and that twelve of the thirteen cities in the Northeast Dade region participated. She stated that we are looking forward to a community well prepared with resources behind it. 14 Summary Minutes: Regular City Commission Meeting March 16,2006 City of Sunny Isles Beach, Florida 12C. Add-On: Discussion regarding Coordination of Activities. Action: Mayor Edelcup said that there was a topic brought up that he feels bears some merit and he would like the City Manager and staff to look at it and that is with all the confusion we have had this past week with traffic and so many jobs going on simultaneously almost grid locking the City, and he thinks that we need to have better coordination so that we don't live through this past week as we have had to. He said that he thinks we need to look into how to coordinate the activities that have to take place in this City so we are aware of all of them and can prioritize how they can happen so we don't have the same confusion we had this past week. City Manager Szerlag said that staff will examine the permit procedure and see what kind of input we can have on the State highway. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Commissioner Goodman moved and Commissioner Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 9:23 p.m. R~spectfu11y submitted by: Approved by the City Commission on April 11, 2006 , , , - /~ IA. ~ ~~ '~~ JaneA. Hines, CMC;City Clerk , \ . , , , ! " 15 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency, . The form must be read publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating, . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed, DISCLOSURE OF LOCAL OFFICER'S INTEREST I, \)f-h1';( 'IiI 'PI, I~h. , hereby disclose that on n1 /1.r ( \1 Jl"" ,20~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me, (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which I. LtJov-K. C-o r- 1\,\~ FIII1. u@pr- at T/,fv1Spo!1n-ii 0/;' LI/I/O b /;)U1<~ Signature Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000, CE FORM 88 - EFF, 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS MAILING ADDRESS \~lll ( tl ~t CITY .:t, IHl DATE ON WHICH VOTE OCCURRED 1bb (, NAME OF BOARD, COUNCIL, c;OMMISSION, AUTHORITY, OR COMMITTEE r lfrI1lt - THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: I;J>C1TY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Set1-t .:S MY POSITION IS: \:J~LECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112,3143, Florida Statutes, Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies under Sec. 163,356 or 163,357, F,S" and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes, APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters, However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction, IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1