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HomeMy WebLinkAbout2007 0920 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, September 20,2007, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION 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 Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias (absent) City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager/Services Jorge Vera Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Elect George "Bud" Scholl led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum, and announced that Commissioner Iglesias is not here tonight as his grandfather is ill, and he also congratulated Commissioner Elect Bud Scholl, and Vice Mayor Thaler who has been re-elected. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - August 16, 2007. Action: Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 4- 0-1 [Commissioner Iglesias absent] in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Add-On Item 10M - Ratify Disposal of Shuttle Bus as Surplus. Action: Mayor Edelcup noted the above change to the agenda, and requested that we take Item 10J out of order and hear before Item lOA as members of the School Board are here. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Presentation to the City of Sunny Isles Beach by the North Miami Beach Little League. Action: Cultural and Human Services Director Susan Simpson introduced Erica Mikowski, a Sunny Isles Beach resident and representing the North Miami Beach Little League, thanked the City Commission for their support, and presented the City Commission with a plaque. Mayor Edelcup noted with the completion of our Community Center this year, hopefully next year we will have the opportunity to have Little League games take place here in Sunny Isles Beach, and hopefully we will have our own team in the League. Ms. Simpson said that she and Ms. Mikowski have already met with the North Miami Beach Little League Board to discuss how we are going to work that out, that we can be a member of their League, and provide games and practices here. 5B. PresentationJUpdate on the Proposed Amendments to the City of Sunny Isles Beach Evaluation and Appraisal Report (EAR), with Recommendations and Analysis from the South Florida Regional Planning Council (SFRPC). Action: Assistant City Manager Vera introduced Jerry Bell of Bell David Planning Group, who presented an update of where we are at with the Evaluation and Appraisal Report (EAR) Base Amendment process. He said on May 17, 2007 they presented the draft EAR amendments and were authorized to transmit them to the State for their preliminary review, and on August 24, 2007 they received the results of that review and their Objections, Recommendations, and Comments Report. He said the State raised several issues pertaining to the text describing the Town Center District, Affordable Housing, and Portable Water Supply, but for the most part, these issues are non-substantial and can be addressed by providing clarifications in the text or directing the reviewers to other portions of the Comprehensive Plan. He said that they have prepared a response to the report and revised the proposed amendments, and are currently being reviewed by staff, and once it is out of that review they will bring it back to the Commission for adoption in a public hearing and send it back up to the State for their finding of sufficiency. Mayor Edelcup asked if there is a deadline for that report to be filed back with the State, and Mr. Bell said 120 days after receiving their Objections, Recommendations, and Comments Report, which was August 24,2007, but he will get it back to them much sooner. Vice Mayor Thaler asked if there appears to be any substantial dollar outlay that has to be done by the City on their recommendations, and Mr. Bell said no, no recommendations would have any significant fiscal impact on the City. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of TB Isle Ocean Club LP, Owner of the Property Located at 18501 Collins Avenue, for the Following (Fairmont, Turnberry Isle Ocean Resort Hotel and Residences): (Hearing #22007-04) Summary: The Applicant is seeking Site Plan approval for a 40-story Mixed-Use development which consists of 174 condo hotel rooms with 48 lockout units, and a 55-unit 2 Summary Minutes: Regular City Commission Meeting September 20,2007 City of Sunny Isles Beach, Florida condominium structure. The Applicant is also seeking approval of a Conditional Use to allow a private club which is currently operating within the existing facility and is proposed to continue operation in the new development. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting Site Plan approval for a 40-story, 174 condo hotel rooms with 48 lockout units, and a 55-unit condominium structure. 2. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a Conditional Use to allow a private club. The private club is currently being operated within the existing facility and is proposed to continue operation in the new development. (Deferred from 8/16/07) Protests 0 Waivers o Ex Parte --L Action: Mayor Ede1cup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. Community Development Director Robert Solera reported noting that this application was deferred on August 16, 2007 and the applicant went back to the drawing board to respond to comments that the Commission had, and revised the Site Plan in order to place all the parking spaces on site. Public Speakers: Clifford Schulman, Esq.; Robert Warwick, Architect; Bud Scholl Clifford Schulman, Esq., representing the applicant, summarized what was done the last time and where we are today, and that they had a problem as all of their parking was not on site. He said a portion of their parking was not in a place where it hasn't been for 20 years behind the Navarro Drugstore Pharmacy, but they were utilizing that parking lot and it became a significant issue to the Commission and to the neighborhood of Golden Shores. He said they went back with City staff and to their Architects and they spent another $5 Million Dollars to basically bringing all oftheir required parking and more on their site, so the Navarro parking lot was no longer necessary for that. Mr. Schulman said they did the following revisions: 1) reduce the number of units in the development, from 60 condominium units to 55; 2) increased the amount of parking on site by 11 parking spaces and increased the amount of handicapped spaces from 8 to 10; and 3) they would voluntarily agree to proffer to the City an agreement whereby when they pull their Building Permit for the site, they would agree to deed to the City the Navarro lot in fee simple at no cost or expense to the City, to be utilized for park or open space purposes as the City might desire. He said that property is on the tax rolls for a value of$900,000.00, it is zoned RU- TH or RTH Town House, which is a under valuation of what the real valuation is and they estimate that the property is worth in excess of $1.5 Million Dollars, and in return, the City would agree to give them Transfer Development Rights of 8 units or 22,000 square feet, no more than what that property is entitled to. He said they would take the TDRs for that site for a period of six (6) years, and they would not utilize those TDRs for this project, the City would agree to designate the Navarro site as a Sender Site, and in the event that the Beach Club use terminates prior to the issuance 3 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida of a Building Permit, they would not utilize that lot for parking purposes, and they would agree to maintain that property in a good condition prior to issuance of the Building Permit and then transfer it to the City. He said they wrote this out and he distributed it to the Commission. Mr. Schulman said the only change in the building, and he presented a before and an after rendering, is two additional floors of parking. They have also added shielding which will make it better blocked. Mayor Edelcup noted on Mr. Schulman's comment on TDRs, it is always a pleasure for the City to acquire park land, and so that would be a favorable plus for the City. He said that Mr. Schulman is asking for six years when normally our TDR life is five years, but given the current economic state of conditions particularly here in South Florida, and our TDR Code had the provision in there that ifthere was any economic problems we can extend the life of TDRs, so he believes the six years is not an unreasonable request. Vice Mayor Thaler thanked Mr. Schulman for listening to both the Commission and the people of Sunny Isles Beach in adjusting that building to what we could live with. He said one thing that they did leave out was that they increased the tandem parking, not that it is above what complies, but they did increase the tandem parking to its maximum which gave them the ability to have only two floors, and Mr. Schulman said that they were 20% when they were here before, but they were using the other lot double tandem, what they did is they are still at 20% but they are using it inside the garage for either mechanical parking or back to back parking so it is the same 20% as it was before which is within Code. Commissioner Brezin also thanked Mr. Schulman, and asked about the facing ofthe enclosed parking, ifit isjust a plain concrete slab that goes across there, and Architect Robert Warwick explained that it is a screen, an architectural metal grille work that would be applied to the outside phase of the garage, to let air go through and block light from coming out at night. Commissioner Goodman said he was concerned about the Beach Club, the last time they were there he had asked how many members are there in the Club and he did not get a response. Mr. Schulman said there are 371 members in the Beach Club, during the peak season they normally have 30 members per day on the low days, during the peak season they average 90- 100 people, on the summer season, their low is about 20 people per day, and their average is about 70 people per day. He said this facility's parking is based upon the utilization ofthe site as required by Code, whether it be a Beach Club member, a hotel member, etc., for example, if the Commission Chambers were in that building, they would calculate the parking based upon occupancy. Commissioner Goodman asked ifthey would restrict the membership of the Club as several years ago there were 1,000 members, and Mr. Schulman said no, they will not restrict membership. Bud Scholl asked if we would be setting a precedent by extending the TDR life to six years, he understands the economic impact of it and the current environment but he is concerned where someone may ask us in the future and try to hold us to that standard. Mayor Edelcup said he was assured by the City Attorney that we are not creating a precedent that this being what it is today, an economic hardship, that it would probably take longer for a building to come out of the ground based on economics of today and our TDR Ordinance when we created it years ago, took into account that situations like today could occur and that the 4 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida Commission did have the discussion to extend the life of a TDR for an undeterminable amount, so we are extending it one year and we all know what this year is like and probably next year and the economics of it, and in conferring with our City Attorney, we do not believe that we are creating any precedent for any future TDRs that could come before us that we would be bound by the decision that we are making here today. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval as amended, subject to staff conditions and the voluntary proffer and conditions by the Applicant. Resolution No. 07-Z-111 was approved by a roll call vote of 3-1-1 [Commissioner Goodman against, and Commissioner Iglesias absent] in favor. Vote: Commissioner Brezin yes Commissioner Goodman no Commissioner Iglesias absent Vice Mayor Thaler ~ Mayor Edelcup yes 6B. Request of Oceanic Development, LLC, Owner ofthe Property Located at 18915, 18925, 18955, 18985, 19001, 19025, 19035 Atlantic Boulevard, for the Following (Oceanika): [Hearing #Z2007-0 1 (a)] Summary: The Applicant is requesting Site Plan approval for a 20-unit townhouse development consisting of four (4) buildings each containing five (5) units. The Applicant is also requesting the City to abandon the existing utility easement located adjacent to the development. The Applicant is making the following requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting Site Plan approval for a 20-unit townhouse development consisting of four (4) buildings each containing five (5) units. 2. The Applicant is requesting the City of Sunny Isles Beach (City) to enact a Resolution abandoning the utility easement located within previously vacated alley/right-of-way ("Right-of- Way") located adjacent to the property and to convey to Applicant the City's interest in the East 10' of said Right-of-Way in consideration of a contribution to the City's Golden Shores Park Fund in the amount to be determined. (Applicant is requesting Deferral) Protests 0 Waivers o Ex Parte----L Action: Mayor Edelcup announced that this item has been deferred. City Attorney Ottinot said it should be deferred to a date certain. Community Development Director Robert Solera read into the record the memorandum from Jeffrey Perlow, Esq., representing the owner, requesting the deferral of application and if possible they would like to submit an amended letter of intent to include additional items to be considered at the hearing. He said the Department agrees with the request for deferral to a date certain, and noted that all reapplication and mailing notification expenses will be under the owner's expense. This item was deferred to the next City Commission Meeting scheduled on October 18, 2007. 5 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-11 of the City Code to Require Site Plan Review for Charter Schools and Private Educational Facilities with a Student Population Over 40 Students or More; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: none Vice Mayor Thaler asked on the enforcement of the 40 children, how will we go about that. City Manager Szerlag said we had a template for enforcement when we had a request earlier this year from B'nai Zion Temple and as an agenda supplement, he attached a Conditional Approval letter to the Temple that the applicant had to sign. He said for any future requests, we would use that Conditional Approval as a template, the applicant would have to sign in concurrence with those conditions. He said the Conditional Approval would be strengthened somewhat to indicate that should the student population increase to 40 or more students based on periodic audits that the City would take, there would be a strong possibility that the school would be shut down until such time as an appeal could be made to the governing body to essentially modify the ordinance to have administrative approval for more than 40 students. Mayor Edelcup said basically what this ordinance is doing is saying that the small school, having first gotten Miami-Dade County approval because a Charter School still needs County approval, we are delegating to staff to make the decision that a small school can be properly handled, for a large school of 40 or more students, they would come before the City Commission. Assistant City Manager Vera said that we could have a loop hole here and he would like to add to the Ordinance that Day Care be exempt. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading, as amended to exclude Day Care. The motion was approved by a roll call vote of 4-0-1 [Commissioner Iglesias absent] in favor. Second reading, public hearing will be held on Thursday, October 18, 2007, at 7:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias absent Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 6 Summary Minutes: Regular City Commission Meeting September 20,2007 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, Amending Section 201-5 of the Code of the City of Sunny Isles Beach Relating to Recreational Activities to Provide the City Manager with the Authority to Establish Guidelines for Organized Commercial Weddings and Special Events on the Public Beach; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 8/16/07) Action: City Clerk Hines read the title, and City Attorney Ottinot and City Manager Szerlag reported noting that there are three types of weddings: 1) simple ceremony with a runner, table and chairs, and conducted by a Rabbi or a Priest, and they are in and out in 30-45 minutes; 2) a reception which would involve a tent, wooded flooring, tables and chairs, food, alcoholic beverages and soft music, similar to a cocktail party, and noted that soft music is operationally defined as not exceeding 60 decibels at the property line; and 3) a noisy version of option 2, with a live band, and we do not recommend this one to the City. He asked the representatives of the hotels that gave staff a hand in writing the guidelines to stand up in the audience which included the Trump Sonesta Hotel, Newport, Acqualina, and Le Meridian, and he also thanked Ibis Romero of the Sunny Isles Beach Resort Association. City Manager Szerlag said he had met once with the hoteliers but he met with them again because there was an indication that perhaps the 24-hour permit was too long, and since this is essentially a new privilege we would like to start out with 6-hours, essentially from 4:00 p.m. until 1 0:00 p.m., that way the peak travel hours of pedestrians along the public beach would not be adversely impacted by the use of the public beach for a wedding and/or reception. He said that they are also asking that the privilege be implemented for nine (9) months and after that time, staff will come back to the Commission and find out what the pros and cons are and if there is any way we want to tweak the ordinance. Public Speakers: None Commissioner Brezin asked if the six hours would include setting up and breaking down, and City Manager Szerlag said it would include everything. Commissioner Goodman said he doesn't want to give up any part of the public beach, it belongs to the public and the hotels have plenty area of their own up to the high water mark, and they could have their party on their part of the beach. He said the beach is getting narrower and so he doesn't want to interfere with the public part of the beach. Vice Mayor Thaler said during the time schedule we have from 4:00 p.m. to 10:00 p.m., there are a minimal number of people on the beach as there is very little sun on the beach at that time. He feels that this will help hotels and that it would bring some recognition to Sunny Isles Beach. However, he feels there are some things lacking: 1) limit the amount of weddings per week by anyone hotel so that the beach is not used in one area for more than once a week; 2) notify the condo and/or hotel to the north and south of the building that there will be a function occurring at 4:00 p.m.; and 3) there should be signs put on the beach before the event so that people don't camp out on these areas if they are going to be there after 4:00 p.m. City Manager Szerlag said those are valid points and that he had met with the hoteliers 7 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida as recently as yesterday and they discussed the following: 1) one (1) event per week per hotel, no more than three (3) concurrent events on the beach when that event is larger than 1,000 people. If the event is smaller, perhaps 250 people, there can be multiple events, but in any case, we would not want to see more than nine (9) concurrent events of 250 people, but still one per week, and to limit that to 150 events per year. He said they also spoke about notifying contiguous property owners as part ofthe permit process. He said they did not discuss having a sign, but that suggestion would be made part of the administrative approval process. Commissioner Brezin said she has always been in favor of not limiting our public beaches to private parties, however, this is something that will be an advantage and the entire community will enjoy it. She said in addition to having the beach for swimming, we would have local facilities where we would have the ability to have a wedding and certain events taking place, and although they are utilizing part of our public beach it would also be accessible at the most popular bathing hours. Mayor Ede1cup reminded the Commission that the City Manager has indicated that this is a 9- month test period, and that we can tweak this after the 9-months, and there may be pluses or minuses that have to be made to it to adjust it, but he feels that this is a great opportunity for Sunny Isles Beach to promote the City as well as giving the opportunity to residents of the City to possibly get married on the beach. City Manager Szerlag also noted that these guidelines are for hotels only, not for condominiums. He also thanked Cultural and Human Services Director Susan Simpson and Community Development Director Robert Solera who had helped immensely on this project. Vice Mayor Thaler asked ifthere is a formula as to how many people they can have, as some hotels are wider than others, and City Manager Szerlag said that Community Development Director Solera will meet with hoteliers, take a look at essentially an imaginary line that runs north and south from the property, similar to the formula that Mr. Solera established for policing beach chairs and umbrellas, he will get input from the hotelier but the final determination will be Mr. Solera's as to what areas can be used on the public beach. He said each hotel will have a different dimension based on the width of their property. Mayor Edelcup said it is important to note that at no time willI 00% of the property behind that hotel ever be allowed for any of these affairs, and City Manager Szerlag said that is correct that they also indicated at their meeting that there will always be room for the public to traverse the public part of the beach. Mr. Solera said part oftheir discussion was that they would not host a party which would not be able to be taken into the hotel because of inclement weather. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2007-286 was adopted by a roll call vote of 3-1-1 [Commissioner Goodman against, and Commissioner Iglesias absent] in favor. V ote: Commissioner Brezin yes Commissioner Goodman no Commissioner Iglesias absent Vice Mayor Thaler yes Mayor Edelcup yes [City Clerk's Note: Mayor Edelcup said that we will now hear 1 OJ, and then take a break.] 8 Summary Minutes: Regular City Commission Meeting September 20,2007 City of Sunny Isles Beach, Florida 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing Mayor Norman S. Edelcup as the City's Delegate to the Miami-Dade League of Cities and Commissioner Gerry Goodman as the Alternate to Attend Meetings During Fiscal Year 2007/08; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none It was the consensus of the Commission to appoint Mayor Edelcup as Delegate and Commissioner Goodman as the alternate. Mayor Ede1cup reminded the Commission that they are always invited to attend these meetings. Commissioner Brezin moved and Commissioner the resolution. Resolution No. 2007-1147 was [Commissioner Iglesias absent] in favor. seconded a motion to approve adopted by a voice vote of 4-0-1 lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Schedule for City Commission Meetings for Calendar Year 2008; Providing for an Effective Date. Action: City Clerk Hines read the title. Mayor Edelcup noted that the meetings will fall on the third Thursday of the month except October which is the fourth Thursday due to Sukkot Hoshana Rabba falling on October 14 - 20, 2008. Vice Mayor Thaler noted a correction in the cover memo, October 2008 not 2007. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1148 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between Ronald L. Book, Esq. and the City of Sunny Isles Beach for Professional Legislative Relations and Lobbying Services, in an Amount of $55,000.00 Per Year, Effective from October 1,2007 through September 30,2008, with an Option for an Additional Year, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement; Providing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag reported noting that the rate is the same as last year. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1149 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. 9 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 07-05-01 to and Entering into an Agreement with Tenex Enterprises, Inc., for the 1720d Street Roadway Improvements Project, in an Amount Not to Exceed $1,066,884.00, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; 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 Assistant City Manager V era reported. Public Speakers: none Mayor Edelcup asked if at any time that road will be totally closed down, and Assistant City Manager Vera said we are trying to keep a one-way lane on 172nd Street open. He said we are working with W ASA, as we are going to have water and sewer, drainage and FPL there at the same time. He said we are working with them to try to create in the swale area just temporary paving so we will have one-way going west bound so everybody will wrap around there because Sunny Isles Boulevard is also going to be under construction during that time. Mayor Edelcup asked if the Fire Department will be out of there before this starts, and Assistant City Manager Vera said yes, they have been coordinating with the Fire Department. Mayor Edelcup said then that it won't be a problem for Fire Rescue, and Assistant City Manager Vera said no, Fire Rescue is already removing trees at the Church and they are about ready to start getting the trailers there, and the project won't start until they have moved out of there, and they should be starting the project by the beginning of next month. Commissioner Goodman asked if this is the cost for the whole project, including the flooding, sewers, undergrounding, and Assistant City Manager Vera said that it is for the drainage and paving, and that Miami-Dade County Water and Sewer are picking up that portion of the cost. Commissioner Goodman said he is hoping we are giving him enough money so at the end of the project they don't come back and say they are missing money. City Manager Szerlag said this is based on unit price, and he is not an advocate for change orders but there are times when field conditions are not commensurate to a plan and until you open a street up or take a look at what you have in the field, sometimes a change order is necessary. He said if the change order is based on field conditions it is really outside the control of the contractor, then chances are staff will recommend approval. Vice Mayor Thaler asked if this is going to do away with parking for the Rascal House and the Park, and Assistant City Manager Vera said it is not going to be torn up all at once, it will be done in stages, so we will have entrance and exit to the Park, and to the Rascal House. Mayor Ede1cup said the way the parking area is configured there is ingress and egress areas and so hopefully you won't block both of them at the same time, and Assistant City Manager Vera said we will work on keeping it open as well as for the residents along the street such as the Salem House. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1150 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. 10 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida tOE. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with BIS Digital for the Purchase and Installation of Digital Conference Recording Equipment and Related Accessories, in an Amount Not to Exceed $12,190.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and reported noting that this equipment is for the Commission Chambers, 1 st Floor Meeting Room, and the 4th Floor Conference Room. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1151 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. lOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of an Agreement with AT&T/BellSouth for the Purchase and Installation of Phone System, Wireless Access Point, Network Equipment, Related Accessories for the Community Center in Pelican Community Park, in a Total Amount Not to Exceed $80,000.00, Attached Hereto as Attachment "A"; 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 Assistant City Manager Haag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1152 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into an Agreement with ADT Security Services, Inc. for Installation and Programming of a Security System for the Community Center Located in Pelican Community Park, in a Total Amount Not to Exceed $96,000.00, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A"; Provided Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; 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 Haag reported noting that the project will be completed by Fall 2007. Public Speakers: none Vice Mayor Thaler asked for a time frame with a better completion date, and City Attorney Ottinot said that the date is October 29,2007, as noted in the Contract Summary which he distributed. Information Technology Director Edel Fonseca said that they have already started coordinating the project plan to make sure everything is delivered in a timely manner. 11 Summary Minutes: Regular City Commission Meeting September 20, 2007 City of Sunny Isles Beach, Florida Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1153 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of an Agreement with Audio Visual Innovations (A VI) for the Purchase and Installation of DVDNCR Combo Players, LCD Panels, and Related Equipment at the Community Center in Pelican Community Park, in an Amount Not to Exceed $70,715.36, Attached Hereto as Exhibit "A"; 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 Assistant City Manager Haag reported noting that the completion date is October 29,2007. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1154 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Superior Park Systems, Inc. for the Purchase and Installation of Artificial Grass, Playground Unit and Shade Structure at the Samson Oceanfront Park, in an Amount Not to Exceed $117,098.07, Attached 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 Cultural and Human Services Director Susan Simpson reported noting that they had budgeted to replace playground equipment in Samson Oceanfront Park, and during the year staff had found grant monies through Safe Neighborhood Parks, so staff expanded the project to include a shade cover and replace the sand with the entire area being covered with a safety surface, so the project and scope increased as well as the project cost, however it is going to only effect what we had originally budgeted of approximately $10,000.00 as we are going to get grant money from the County. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1155 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent] in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Joint Use Agreement in Substantially the Same Form Between the City of Sunny Isles Beach and the School Board of Miami-Dade County, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. 12 Summary Minutes: Regular City Commission Meeting September 20, 2007 Action: [City Clerk's Note: Heard after Item 9A, see action under Item 4A} City Clerk Hines read the title, and City Attorney Ottinot reported that the City and the School Board are required to enter into a Joint Use Agreement for the use of Pelican Community Park and school facilities. He noted key tenns of the Joint Use Agreement as negotiated by City staff and Schoo I Board as follows: I) during school hours the school wiH have full Use of Pelican Community Park with the exception of the Community Center, the school will be able to USe the ball field, gym, and playground area; 2) City will have full use of the Community Center during school hours for City activities; and, 3) during the non-school hours the City will control the Park also the City will be able to Use the school facilities which includes the parking garage and the cafetoriwn. City Attorney Ottinot thauked City Manager Szerlag, Cultural and Hwnan Services Director Susan Simpson, Assistant City Attorney Fernando Amuchastegui, Assistant City Manager Jorge Vera, and Mike Levine from the School Board and Principal Dr. Annette Weissman. Public Speakers: Mike Levine; City of Sunny Isles Beach, Florida Mayor Edelcup introduced Principal Dr. Aonette Weissman, Bob Welsh Chair of the Education/Schools Committee, as well as Vice Chair Janet Cini. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1156 was adopted hy a voice vote of 4-0-1 (Commissioner Iglesias absent} in favor. [City Clerk's Note: The Commission took a 5-minute recess before going to item lOA} 10 K. A Reso I ution of the Ci ty Commission of the City of Sunny Isles Beach, Florida, RatiJYing the Agreement to Retain the Services of the Law Firm of Coffey Burlington and Specifically Kendal Coffey, Esq. as Co-Counsel, to Handle All Appel/ate Litigation Matters Arising from the Litigation Relating to Publi,'s Site Plan at an Hourly Rate of $250.00; Authorizing the City Attorney to Do All Things Necessary to Effectuate the Tenns ofthis Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attomey Ottinot reported noting that Mr. Coffey is a fonner U.S. Attorney and is well respected in the field of law, and he gave us a discount rate of $250.00 per hour, as his regular rate is $550.00 per hour. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1157 was adopted by a voice vote of 4-0-1 (Commissioner Iglesias absent} in favor. 10 L. A Resolution of the City Commission of the City of Sunny lsles Beach, Florida, Approving a MOdification to Resolution No. 2005-859 to Provide Mansiana Ocean ReSidences, LLC, with a Payment Schedule Regarding Transfer of Development Rights (TDRs) in the Amount of 63,820 Square Feet of Floor Area; Approving a Promissory Note Between the City of Sunny lsles Beach and Mansiana Ocean Residences, LLC., Attached Hereto as Exhibit "A"; Providing the City Manager and City Attorney with the Authority to Do All Thiugs Necessary to Effectuate this Resolution; Providing for an Effective Date. 13 - ----- Summary Minutes: Regular City Commission Meeting September 20,2007 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that in accordance with this zoning approval, the Developer is required to pay all outstanding fees at the time they obtain their Building Permit, and the Developer had owed the City approximately $4.6 Million Dollars at the time of pulling the Building Permit. The Developer had asked the City to negotiate a 50% payment plan with respect to this balance, and the Developer paid to the City $2.3 Million Dollars on August 17,2007, and agreed to pay the remaining 50% within 60 days of the time they pulled a Building Permit [August 22, 2007J. In addition, the City had requested the Developer pay 5% interest on the remaining balance and the Developer agreed to pay it which will be due at the time of payment of the outstanding balance [by October 21, 2007J. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1158 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent} in favor. 10M. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Disposal of a 1999 Euro-Lite Legacy Shuttle Bus as Surplus Property; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate the Disposal of the 1999 Euro-Lite Legacy Shuttle Bus; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that it will be transported to Haiti at no cost to the City, for charity purposes. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1159 was adopted by a voice vote of 4-0-1 [Commissioner Iglesias absent} in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Presentation of PTWIN Program of Wireless Building Inspection Reports. Action: Building Official! Administrator Clayton L. Parker reported that the PTWIN System was implemented on July 25, 2007. Administrative Assistant to Building Official Paola Villa and Information Technology Director Edel Fonseca gave a Power-Point presentation on the system as well as future enhancements such as upgrading the system on a data base through CITREX System software. This allows the inspectors to see their schedule and the inspections, fill out the results on site, as well as print it right from their laptop. Public Speakers: Bud Scholl 14 Summary Minutes: Regular City Commission Meeting September 20,2007 Commissioner Brezin asked if this would enable inspectors to do more inspections in the course of the day, and Building Official Parker said they wouldn't have to wait until the next day for results of their inspection but the inspectors are already doing too many inspections and this will help alleviate Some of that problem, as they are doing 40-50 inspections a day. City of Sunny Isles Beach, Florida Building Official Parker said IT Director Edel Fonseca put this system together, and this is the first of its kind for PTWIN to have this interrace and wireless capability. IT Director Fonseca said they are in the process of putting in the next phase of the system which is called Permit Connect which will enable you to get results on line at the time the inspection has been done. Bud Scboll asked if this is real time, and IT Director Fonseca said yes, and that feature will Come in once we move to the CImEX data base, which will facilitate that Vice Mayor Thaler asked if this includes the Code Enforcement area, and IT Director Fonseca said yes, and they will also be able to look at their inspections and do results, and if they see any violations they can immediately input that infonaation. Community Development Director Robert Solera said the system is in place and Code Enforcement is Using it, and the Building Department is able to see if there is a violation on a parcel so if they come in for a penait they can see if a violation has been issued and if a double fee is required. He said this same computer will be established with a Code Enforcement Officer out in the field as well as a printer so they will be able to print out warnings and tickets, and it will be real time through CITREX. Mayor Edelcup asked if this system would also take care of the exception report for things that Were left open when they should have been closed, and Building Official Parker said yes, and that this program also has triggers in place to trigger when a penait is getting ready to expire. He said if the inspector has the laptop out in the field he can go in and do property searches, he doesn't have to call the office anymore to see if there is a permit for the property. Mayor Edelcup said this is also saving the trees. City Manager Szerlag thanked staff for the great job they did in implementing this system, and that they are three (3) months ahead of schedule. Commissioner GOodman said that they would still have to notifY people by mail, and Building Official Parker said yes, if a permit is getting ready to expire, the program will generate the letter for us, so it not only lets us know but it creates the letters to go out to notifY people. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT . . MaY9r 9de1cup adj<?umed the meeting at 9:30 p.m. ,'." \ '.; , \', Respectfullysubm1lted by: '. .', Approved by the City Commission on Oct 18, 2007 &'~.' "'-t' ~""- :"-'" ';: . . ~... "~ . . , . . Jane A. Hil}es;.eMC. 'CityT]erk r j "'... ", ....\' . -.. , . ..., . , .. . .-