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HomeMy WebLinkAbout2007 0315 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March l5, 2007, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRA TION 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 I. 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 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: Bud Scholl led the Pledge of Allegiance to the flag, and Chief Fred Maas gave an invocation. Mayor Edelcup gave opening remarks of decorum, and on behalf of the City Commission he extended holiday wishes for Easter and Passover which are coming up between now and our next meeting. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - February 15,2007, 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 5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information/Material for Items 7C - correspondence re: Noise Ordinance, lOD - Photographs of Promotional Items, 10H - memo/photographs of swings; Defer Item lOC - Agreement with Zambelli Fireworks; Amendments to Items SA - corrected page 6 of Audit Report, Item lOI - revised Resolution regarding Property Tax Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida Reform; Add-Ons included Items lOJ - purchase airline tickets for the Havazalot-Netanya Dance Troupe, and 1 OK- rental agreement for a portable restroom in Town Center Park. Action: Mayor Edelcup noted the above changes. Commissioner Iglesias moved and Commissioner Brezin 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 PRESENT A TIONS SA. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 2005/2006. Action: [City Clerk's Note: Correction to page 6 of report and a RevisedAudit Report was distributed prior to the meeting.} Dwayne Mathews, Audit Supervisor from Rachlin Cohen & Holtz noted that our City Auditor, Gerry Chioca is out sick tonight. Mr. Mathews presented the City of Sunny Isles Beach Audit Report for Fiscal Year 2005/2006, and said that the City is in very good financial shape, and he thanked Finance Director Jean Watson, Assistant Finance Director Linda Dosal and Assistant City Manager/Finance Douglas Haag for all their hard work. City Manager Szerlag stated that the City is a financially sound organization, our assets exceeds our liabilities, our fund balances are healthy and absent any major property tax revision beyond our control that would have an adverse affect on our income stream, we are postured for a very prosperous future. Mayor Edelcup noted that in the report our unrestricted surplus is just over $ll Million Dollars and that is approximately the same as the prior year, and that speaks well because during the year we acquired some land, the Park on the northern end of the City where we dipped into that surplus and we were able to replenish it by the end of the year so that we wound up with an undiminished surplus. He said on page 12 of the Report, there is an item that is called "Compensated Absences" of$l ,234,350.00, and he would like for discussion, and he doesn't need to have an answer today, have the Auditors and the City Manager confer as to whether or not it would be in the better interest of the City to take from the "Unrestricted Cash and Surplus" that we have, the $1.2 Million and set it up as a restriction and incrementally adjust that from year to year so that if and when the time comes that is actually called upon to be paid out, there will be funds there to pay it out and not have to scurry around and borrow those funds at some future date. He said it may make sense on a more conservative fiscally sound basis to actually accrue and set aside funds to cover that expenditure. Mr. Mathews said he will get back to the Mayor on that as well as involve Gerry Chioca with the City Manager so everybody can confer. Commissioner Brezin clarified that what Mayor Edelcup is asking for would be a reserved fund that we could use where we will be using part of these monies and set it aside as a reserve fund to be used if we need it, so if anything arises we won't be in a position where we wouldn't be able to access that money and have to borrow, this way we will have the money in place. Mayor Edelcup said that is correct, what we have done now is accrue the liability but we have not set aside the funds to actually pay it, and he is suggesting that since we do have the funds, which is right now in the unrestricted surplus, that we consider 2 Summary Minutes: Regular City Commission Meeting March 15, 2007 City of Sunny Isles Beach, Florida restricting that amount so that it is not transferred to some other need and then we find later on that we don't have it to pay this, and it may be that we never pay this accrued compensation because it may be used rather then paid. He said what he is also suggesting is, from year to year we just adjust incrementally up or down the Reserve Fund to match the liability, and basically in effect, pre-fund that liability and not have to worry about funding it as a more conservative approach to this. Mayor Edelcup said that the year ended September 30, 2006, and we are almost at the end of March, what can be done to make sure that we get the report delivered to the Commission on a more timely basis. He said that we previously had discussions on this and he believes that 90-days after a fiscal year end is sufficient to get a audit report to the Commission and really it has turned into 180 days and that is not adequate in his way of thinking. He asked Mr. Mathews to address that with Gerry Chioca and get back to management as to what can be done in the future so that we get the report no later than our January meeting. The Audit Report was accepted as amended, by a voice vote of 5-0 in favor. 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 265-52 ofthe Sign Code to Permit a Television or Computer Monitor Within the Window Sign Area; Providing for Repealer; Providing for Severability; 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 this is a minor technical amendment based on what the Commission did at the last meeting. Public Speakers: None Mayor Ede1cup said as the Commission may recall we allowed the television screen to be in the window concurrently with any other signage that would encompass the 20%, so this is amending the Code to provide for that television. Vice Mayor 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 of5-0 in favor. Second reading, public hearing will be held on Thursday, April 19, 2007, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes ~ yes yes m 3 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida 7B. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Creating a New Chapter Entitled "Nuisance" to Establish Guidelines to Regulate Various Types of Public Nuisance Within the City's Jurisdiction; Providing for Penalties and Enforcement; Providing for Repeal, Severability, Codification and an Effective Date. Action: City Clerk Hines read the title and Community Development Director Robert Solera reported. Public Speakers: None. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, April 19, 2007, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes m yes yes yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 193 of the Sunny Isles Beach Code of Ordinances Entitled "Noise" by Establishing Regulations Relating to Various Types of Noise; Providing for Repeal, Severability, Codification and an Effective Date. Action: [City Clerk's Note: Correspondencefrom George Sevecekofthe Florida Ocean Club was distributed prior to the meeting.) City Clerk Hines read the title and Community Development Director Robert Solera reported. He said the Ordinance provides a better description of two types of noises, regular noise and construction noise, and it provides for decibels of 60 db's. Public Speakers: Mercedes Cantrell Mayor Edelcup said under this ordinance it is really up to the citizens to report a violation. City Manager Szerlag said our intent is that, unlike construction activity which is a continuous successive noise where we give permission during certain time frames to exceed 60 decibels, once a structure is occupied, whether it is a single family residence or a condominium, and we have a noise complaint, a police officer or a code enforcement officer will respond. He said like most ordinances, this one was developed as a result of a problem that surfaced, specifically there is a conflict between two condominiums, Ocean IV and Florida Ocean Club whereby Ocean IV has exhaust fans that run 24/7 that exceed 60 decibels at the property line. He said we had the Building Department try to work with Ocean IV to install some C02 or Carbon Monoxide Sensors that, when carbon monoxide reaches a certain level, fans would go on and make the atmosphere safe, and so instead of having fans on 24/7 they might be on l5- 20 minutes every 2 - 3 days. He said that would be one solution, and if that solution would go into place even though during that intermittent time frame, 60 db's may be exceeded, that would be commensurate to, as an example, someone cutting their grass, which would have an excess of over 60db's at the property line but only for a few minutes every week. He said we 4 Summary Minutes: Regular City Commission Meeting March 15, 2007 City of Sunny Isles Beach, Florida realize that Collins A venue on occasion has a ambient background noise that sometimes exceeds the 60 decibels, if that were to happen and there is a complaint, we would have to have the Code Enforcement Officer discern whether the spike in noise was background or emanating from the complaint source. He said taking Ocean IV as an example, lets say the ambient background noise was 65 decibels and with the fan on it was 70 decibels, in that case there would be a violation issued to Ocean IV. If the ambient background noise was 65 db's and the fan was off and it was still 65 db's then there would be no violation issued. Commissioner Iglesias said we are using 60 db's, if you put your meter behind any oceanfront property, you will get more than 60 db's just on the tidal current, and asked if we have done an ambiance study before we came up with 60 db's, and noted that in the future this will be eliminated a little because once the new condos are required to have the impact resistant windows they will hold a lot more noise. City Manager Szerlag said that 60 db's is an industry standard, and prior to identifying 60 db's for the construction noise ordinance, Mr. Solera and Mr. Vera did a survey of many cities in Florida and other points north of us, and 60 db's seemed to be about the average, and other governments use 60 db's at the affected property line as a standard. He said it is up to the Commission to determine what constitutes a level of noise emanating from neighbors, we used 60 because that was the standard, but we realize that ifthere is a ambient background noise that is more than 60, it depends on the time of day, day of the week, the wind velocity, it depends on a number of things, but we wanted to have some specificity so that it wasn't a subjective decision. He said if we can measure something against background noise, and again, if the background noise is higher then 60 db's, we can discern whether the source by turning off or on the fan in this instance, how that affects background noise, it is whatever is greater. Mr. Solera said if you have impact resistance windows, you may not hear noise inside but you may hear noise outside. Mayor Edelcup said if the ambience noise level is 60 or less in that area, then any noise above that 60 will be deemed a violation, if the ambient noise level is above 60 there won't be a violation unless it causes a reading higher then whatever is taking place in the ambient level that is above 60. Commissioner Goodman asked if we are talking about equipment that is outside the building or inside the building, and Mr. Solera said in this specific case, the buildings have fans located on one side of the building which evacuate every single exhaust excess inside the parking garage, and there is an opening on one side of the building where the wind goes through and the fans on the other side evacuate that wind. Commissioner Goodman asked if we are talking about the 11 :00 p.m. to 7:00 a.m. or are we speaking about these noises all day, and Mr. Solera said the Ordinance goes from II :00 p.m. to 7:00 a.m. City Manager Szerlag said it is 24/7, we did not want to get into the position where we would police one neighbor against the other within the same building, we didn't want someone calling Mr. Solera or the Police to say there is loud music one floor above me and they are making too much noise. Mayor Edelcup said the preceding ordinance defines what a nuisance is and somebody playing loud music would be a nuisance, so they will be getting caught on that one anytime during the day. City Manager Szerlag said that we would hope that the security people within their own condo units would take care of that issue. Vice Mayor Thaler asked how much time we let pass before we go from the warning to a violation. Mr. Solera said we need to take into consideration what needs to correct the issue, so we have to think if the issue needs to be corrected, the timeframe of seven (7) days will be 5 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida sufficient, you cannot say to fix it within 24 hours because you might have an issue with the fans that can't be fixed in 24 hours, but the ordinance does not call for a timeframe. City Attorney Ottinot said that this ordinance would be enforced just like any other Code Enforcement Ordinance, you have a notice of violation, if the violation is not cured, obviously a citation will be issued, and due process will be committed to the violator, so you want to give notice first, and the person who is the violator will either cure the problem or you enforce it later on, when you issue a notice of violation you have 7 days to cure it, and ifit is not cured within that 7 days, a citation is issued, and then if they appeal it, they would go before a Special Master. Commissioner Brezin suggested eliminating this and just leave it with such volume at any hour because if it is at a magnitude where it is disturbing somebody, don't just specifY 11 :00 p.m. to 7:00 a.m. City Attorney Ottinot said that this complaint was based on neighboring properties and this Ordinance is dealing with property to property, we, at this time based on discussion internally with staff, exempted condo units. City Manager Szerlag suggested to revise the Ordinance by going to Article I, 193-3, page 2 (agenda page 32), second sentence, "... to create a continuous airborne sound which exceeds 60 decibels (dB(A))..." and add "or the ambient background noise, whichever is greater", and the Commission agreed. Mercedes Cantrell said she is upset because the City is eliminating condominiums, and City Attorney Ottinot said only at this time. He said Mayor Ede1cup indicated earlier that we have the authority under the Nuisance Ordinance, if someone is interfering with your peace, the City can cite that person for being a public nuisance within a condo. City Attorney Ottinot said that one of the issues is a continuing violator, the City can impose fines for continuing violation, and noted that the property owner would be the violator. City Attorney Ottinot said one of the things we can do between first reading and second reading is to see how we can address Ms. Cantrell's problem with the noisy neighbor below her. Mayor Ede1cup said that the Nuisance Ordinance covers this problem, with a $500 a day fine from the first offense on, but again it can only be enforced by us if somebody calls us to tell us that it is happening, the Police can provide a report to Code Enforcement to take action based on the Police report, to Issue a summons. City Attorney Ottinot clarified for the record that this ordinance also applies to any person, profit corporation, non-profit corporation. Vice Mayor Thaler moved and Commissioner Goodman 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 Thursday, April 19,2007, at 7:30 p.m. V ote: Commissioner Brezin m Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup m 6 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9A.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Sections 265-51, 265-56, and 265-57 of the Land Development Regulations Establishing New Requirements for Window and Temporary Signs; Establishing New Requirements for Approval of Murals and Graphics for Temporary Construction Fence, Attached as Exhibit "A"; Providing for an Effective Date. Action: Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: None Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2006-43 was adopted by a voice vote of 5-0 in favor. 9A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-5l, 265-56, and 265-57 of the Sign Code; Establishing New Requirements for Window and Temporary Signs; Establishing New Requirements for Approval of Murals and Graphics for Temporary Construction Fence; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 2/15/07) Action: City Clerk Hines read the title and Mayor Edelcup noted that this is second reading for the new Sign Ordinance for all the windows. Public Speakers: None Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2007-278 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin ~ Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup ~ 7 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 197, Entitled "Occupational License and Tax" by Renaming Said Chapter to "Local Business Tax" in Compliance with Florida State Law; Establishing a Schedule of Fees for New Business Categories; Providing for New Administrative Penalties; Providing for Repealer, Severability and an Effective Date. (First Reading 2/15/07) Action: City Clerk Hines read the title and Mayor Edelcup noted that this is second reading for changing the name from Occupational License and Tax to "Local Business Tax". Public Speakers: None Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2007-279 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Iglesias ~ Vice Mayor Thaler yes Mayor Edelcup yes 9C. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Changing the 2007 Election Date from Tuesday, November 13,2007, to Tuesday, November 6, 2007, Pursuant to a Request Made by the Miami-Dade Elections Department; Establishing December 4, 2007, as the Run-Off Election Date; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 2/15/07) Action: City Clerk Hines read the title and Mayor Ede1cup noted that this is making our Elections coincide with the County-wide election. Public Speakers: None Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to adopt the ordinance. Ordinance No. 2007-280 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup yes 8 Summary Minutes: Regular City Commission Meeting March 15,2007 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 Sergio Diment to Provide Advertising Services to Cover the City's 10th 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 Hines read the title and Administrative Services Director Alyce Hanson reported. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1059 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 Streeter's Catering for Catering Service for the City's loth Anniversary Celebration, on Saturday, June 16, 2007, in the Amount Not to Exceed $48,000.00, 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 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 Goodman asked how many people we had at the last event and said that he would like to have more services and smaller lines, and Ms. Simpson said that was one ofthe reasons they were looking for an alternate caterer, and stated that there were 1,700 people last year in one park for two hours. Mayor Edelcup said that we are doing it at both parks so that will alleviate that, and asked that staff put their heads together and try to make sure that the 4,000 is a realistic number since it does amount to $10 a head, and we don't want to overbuy by 1,000, and to do some kind of review to make sure how many people we anticipate will really show up for this event. City Manager Szerlag said they will do their best and if the Commission can help him with that it would be appreciated as well. Commissioner Brezin asked about the local resident that has a charitable organization that the food can be donated to, and Ms. Simpson said that she was able to contact Loretta Defries today who said that the organization only accepts nonperishable food but she is checking other organizations. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1060 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Zambelli Fireworks Manufacturing Company, Inc. to Provide a Fireworks Display for the City's 10th Anniversary Celebration on Saturday, June 16, 2007, in the Amount of$40,000.00, 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 Resolution; Providing for an Effective Date. Action: Mayor Edelcup noted that this item is deferred to April 19, 2007 until we have worked out the insurance problems with the fireworks display. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Miscellaneous Promotional Items from CGXI Marketing for the City's 10th Anniversary Celebration, in the Amount Not to Exceed $2l ,298.00, 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: Photographs of the tote Bag and Beach Ball was distributed prior to the meeting.] City Clerk Hines read the title and Administrative Services Director Alyce Hanson reported, and showed samples of the 16-inch beach ball, lapel pin which is similar to the City Seal with a 10th Anniversary logo in it with the date, and a mesh bag that will be handed out at the events. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1061 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Agreement with Front Line Environmental, Inc. for Installation of a Diesel Fuel Pump on the 2,000-Gallon Above Ground Tank Located on the Southwest Portion of Government Center, in the Amount Not to Exceed $12,530.00, 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 Hines read the title and Public Works Superintendent James Watts reported, and noted that EDA W, Inc. will provide a landscape plan to hide the tank. Public Speakers: none Mayor Ede1cup asked if they have considered putting the tank on the Alamo property rather than the parking lot, and Mr. Watts said it would be costly to move it with pipes underground. He asked if it would cause a traffic jam to bring in diesel equipment to be filled up, and City Manager Szerlag said they will make sure it does not cause a traffic jam, and Mr. Watts said the buses would come in to fill up between 7:00 - 7:30 a.m. Mayor Ede1cup said this would also help in emergency situations. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1062 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting March 15,2007 10F. 10F.l City of Sunny Isles Beach, Florida Building Department Software - Black Bear PTWIN. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Accept a Price Quote from Black Bear Systems, Inc. to Provide for the Modification of the PTWin32v2 Software Program in the Building Department and Provide Training to City Staff, in an Amount Not to Exceed $l5,000.00, 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 Hines read the title and Assistant City Manager/Finance Doug Haag reported noting that this will improve the services in Code Enforcement, Building Department, and Occupational Licensing. City Manager Szerlag introduced Paola Villa, Administrative Assistant to Building Official, who gave a power-point presentation and Demonstration on the added features and benefits that PTWin will not only bring to the Building Department but also to the Code Enforcement and Licensing Department. Public Speakers: Bud Scholl Mayor Edelcup asked if on the inspection reports, the applicant can check on the status of an application, are these real time or is it updated daily or weekly. Community Development Director Robert Solera said the fact that we have the online capabilities and that the inspectors will have that availability out in the field, the minute they do the inspection and they are able to enter those results onto the system out in the field, those results will automatically be updated on the system itself. Mayor Edelcup asked if the Department Head has to approve it before it goes into the system, and Mr. Solera said the inspections are done by the inspectors who have a criteria for passing or denying the inspection, if they make the criteria and the inspection is passed, instead of having to come back to the office with a hard copy and have one of the clerks enter the results, they are able to do so out in the field with a laptop. He said that is where we are moving towards, to have the capability not only for the Building Department Inspectors but also for the Code Enforcement Department Inspectors to have that capability out in the field to enter that information. Mayor Edelcup said then that the applicant can find out that information in real time, and Mr. Solera said inspections that are called in after 3:30 p.m. would not be in the system or would not be performed until 48- hours afterwards, anything that comes in before 3:30 p.m. will be done the next day. Bud Scholl said this involves a lot of training and he would caution to do it in three different waves, and you can negotiate with the vendor now. He suggested doing the initial wave of training, and in three months do another wave of training, and six months later do a third wave of training, and by that time you are really tightening people up on it. He said in his experience with systems that are this comprehensive, you only use 60% of the functionality because people never learn how to use it all. He asked how is the migration from the old system, and Information Technology Director Derrick Arias said that most ofthe migration has already been done, and we are ready to do the transfer, and once this resolution is adopted we can get the software modifications, we are asking the vendor to make some customizations for us to support master permits and sub permits, which we need for our jurisdiction. Commissioner Iglesias asked if this system is expandable, perhaps we can use electronic comments, and the applicant can check it in a day or so and find out what those comments 11 Summary Minutes: Regular City Commission Meeting March 15, 2007 City of Sunny Isles Beach, Florida are so they can address them. Community Development Director Robert Solera said yes and that the system is also able to receive plans electronically so they can be imported right onto the system, and it is real time for them. Vice Mayor Thaler asked what the timeframe is, and Mr. Arias said it would take two months to deliver the software modifications, from that point, the process doing the data migration from New World over to this system can be done in a couple of weeks. He said the process is in different phases: Permitting and Licensing, Code Enforcement, Occupational Licensing, and then there are add-ons such as permit connecting online which will come after the first three phases, they have already broken it out and staged it out. Vice Mayor Thaler said this is one of the best things he has seen, and he hopes that we can follow the schedule we have, and eventually get rid of files and have additional space. Commissioner Goodman said if a contractor comes in asking for a permit, he supplies the City with the documents, and the papers have to be reviewed before a decision is made, and put back into the computer to say he is missing something, how does that work. Ms. Villa said once the Plan Reviewer reviews the plans it will take 1-2 days to enter into the computer but sometimes there is a delay if the contractor doesn't comply with the comments on a timely manner. Commissioner Iglesias said that is a phase review, now you see applicants come in with big rolls of plans, but in the future it will all be electronic. Mr. Solera said once the permit is received at the window it is entered onto the system, so you have the permitting in terms of the application itself, the information ofthe contractor, whoever is supplying that information into the system, and once that is done, it is passed on to the reviewer which may be the same day. He said if it is a small item such as an electrical change, that review will be done the same day and that information once the Reviewer has done it, will be automatically updated by the Reviewer on the system and will be available not only to the Clerk, but to you calling or to you looking on the system once we have implementation of people being able to go on line, and so what now takes two days to process will perhaps be done in 24-hours. City Manager Szerlag said that Mr. Scholl made an excellent comment on training in waves and he will get with staff and come back with a critical path so the Commission will have a reasonable expectation of not only when we will install it but when it will be operational, functional for us as well. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1063 was adopted by a voice vote of 5-0 in favor. 10F.2 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Accept the Proposal for Service from Homework, Inc., in an Amount Not to Exceed $32,000.00, Providing for an Expanded Scope of Work with the PTWin32v2 Software to Improve the Level of Service Provided by the Building Department, Code Enforcement and Licensing Department, and Planning and Zoning Department, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported. 12 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1064 was adopted by a voice vote of5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Proposal from , in the Amount of$ , for Landscape Design ofthe Front Entrance to the Sunny Isles Beach Government Center, 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 City Manager Szerlag reported. Public Speakers: none Mayor Edelcup said there is only a limited amount of things you can do with the area between Government Center and Tony Roma's. He said our landscaping in the median areas are vastly improved over what we had done before, and rather then to spend another $35,000.00 just to get some ideas and on top of that spend more money to buy the plantings, we can find a more profitable use for taxpayers money then to spend it on another study. He said we are not going to come up with much more in alternatives then we already have, and he is not in favor of spending this money and recommends spending a little more money and put some more flowers in there. Vice Mayor Thaler said that something needs to be done, we have gone through this and we have asked it to be corrected and it was not corrected, all that was done was it was cut down to some extent, and a few flowers were put in, if a visual change can be done for less, then that is fine. Commissioner Iglesias said you can do that without spending $35,000.00 on a study. Mayor Edelcup said we did have a plan that was being proposed and then it was shelved, and City Manager Szerlag said we had a plan view/schematic from Kathy O'Leary that had some changes but there were no photographs, it wasn't something that you could take with a specification, he said he was asked to have something with more detail. He said staff can take what we have for a schematic and we can do it ourselves, we can select one of these landscape firms to give us more detailed specifications. Mayor Ede1cup said that median is not much different than any of the medians we have on Collins A venue, if we just duplicate, replicate the style that is already there on Collins A venue, and put in a heavy flower planting. Commissioner Goodman said he would like somebody to come up with some plans to show us, and ifand when the plans are submitted to the Commission, if we don't like it, maybe we should consider our staff to do it in-house. Mayor Edelcup said in some instances the Commission is trying to m.icro-manage what should be planted because each of us is going to have their own ideas as to what should be planted there. He said most of us are satisfied with the re-plantings that were done on Collins A venue by the same people that are still servicing us. He suggested using the same floral arrangements we are using in the rest of the City and put it in the front and get rid of the wild oat grass and the tree that is not blooming. 13 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida Commissioner Brezin said the medians are very beautiful but this is a very specialized area and there should be something very attractive and different. Mayor Edelcup suggested not to approve this resolution and have the City Manager come back with something from O'Leary because they are the ones contracted to do it, why spend money to bring somebody else in when O'Leary is able to do something for us on Collins A venue that is satisfactory. Vice Mayor Thaler suggested bringing in Calvin Giordano for the same amount of money, and Mayor Edelcup noted that we don't need another study done. City Manager Szerlag said he already has a plan view of that area from O'Leary and we don't have specifications per se, if he would go back to just O'Leary and say that he wants complete development designs for three seasonal change-outs, and have her firm do everything that is listed in the letter, then that would still cost $9,350.00. He said ifhe would take O'Leary's planting and got with staff and say okay here is the planting that was presented at Commission, why don't we order so many of these, and those, etc., then that costs nothing for a landscape architect. Commissioner Goodman said the question is who is going to do the landscaping architecture. Mayor Edelcup said that we have a listing of plants that will grow in this area, from that selection, we don't even need an architect, and it was the consensus of the Commission to leave it to the City Manager's discretion to come up with more flowers, he has heard what we all had to say, give him a chance to do it. City Attorney Ottinot said procedurally we can withdraw this Resolution and give the City Manager the discretion. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to withdraw this resolution and it was withdrawn by a voice vote of 5-0 in favor. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve a new Resolution giving the City Manager the power to give us a beautiful median. Vice Mayor Thaler wanted it noted that whatever we have seen so far we don't particularly care for. Commissioner Brezin noted that at the time O'Leary made the presentation Kathy O'Leary pointed out that there are several things that can be done in this area that we could not do in the area of the medians because of the amount of traffic, etc., and so if there are things that can be done here where this area will be a little more outstanding and different from the ordinary median strip. Resolution No. 2007-1065 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup asked City Manager Szerlag for a timetable and City Manager Szerlag said he would have a plan for the Commission at the next Commission meeting because it will exceed $10,000.00. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Kool Playgrounds, for the Purchase and Installation of Playground Equipment and Related Items for the Town Center Park, Under an Existing Municipal Contract, in an Amount Not to Exceed $l9,5l3.6l, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All 14 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: Memo from Cultural and Human Services Director Simpson was distributed prior to the meeting.] City Clerk Hines read the title and Cultural and Human Services Director Simpson reported. Public Speakers: none Vice Mayor Thaler asked when the delivery will be, and Ms. Simpson said by the second quarter of2007. Mayor Edelcup asked about the canvass, and City Manager Szerlag said he gave that assignment to Rick Conner and he will address it before it is reinstalled. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1066 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, Opposing the Property Tax Revision Proposed by the Florida Legislature; Expressing Support for the Alternative Property Tax Reform Proposed by the Governor with Changes; Authorizing the City Manager to Do All Things Necessary to Effectuate the Intent of this Resolution; Recommendation of the Creation of a Blue Ribbon Panel; Directing the City Clerk to Transmit an Executed Copy of this Resolution to Appropriate Parties; Providing for an Effective Date. Action: [City Clerk's Note: A revised Resolution was handed out prior to the meeting.] City Clerk Hines read the title and City Manager Szerlag reported noting that he and Mayor Edelcup had worked in tandem with each other to fashion a resolution. He said if a revenue stream for any municipality is severely impacted what happens is that that city does not have money for capital planning or capital improvements, they cut back on maintenance of existing infrastructure, they reduce benefits to their employees, they don't hire, and layoff employees that results in having a city that follows an angle of reposed to blight because once a municipality becomes in economic disarray and disfunction for infrastructure the associated properties within that political jurisdiction also becomes blighted and there is a huge need to let the municipality select their preferred future in conjunction with their voters not to have the future dictated to us by the State Legislature. Public Speakers: none Mayor Edelcup said the Florida House Committee that acted upon this acted totally irresponsibly pandering basically to the voters who are homesteaded without giving much thought to the ramifications and draconian results that would be bourn by the various municipalities affected by this. He said as we have learned over the years, local government is the best government, and the further you get away from the area, the more nonsensical at times government seems to be. He said this is a good example of someone up in Tallahassee trying to tell somebody in South Florida how they should raise their funds, and what they should spend it on, and the accusation was being made that the local governments were wasting tax payers money over these past years. He stated that anyone looking at Sunny Isles Beach today would be hard pressed to say we were wasting taxpayer's money when we have 15 Summary Minutes: Regular City Commission Meeting March 15, 2007 City of Sunny Isles Beach, Florida built five new parks and created free shuttle service for our residents, and the reasons we became a City was because our residents wanted to see a higher quality oflife here and they chose not to be put under the standard that one size fits all because we had that standard with the County Government and found that wasn't satisfactory for the way we wanted to conduct our lives. Mayor Edelcup said that he and the City Manager are proposing that we pass a resolution to tell the Florida Legislature that before you act hastily and then we spend years trying to correct a problem, that some deep study be put into this. He said we all admit that tax reform needs to be made and there have been inequities in the system and that we all recognize that those inequities have grown throughout the years, particularly the "Save our Homes" amendment that has separated the dollars that are paid by either homesteaded people or non- homesteaded people to a point where there is no rational relationship any longer there. He said that some need in that area needs to be corrected but he said he doesn't believe imposing a sales tax is the answer to trying to fix a problem that can be handled by just adjusting on how property taxes are more fairly distributed amongst our people. He said that this resolution basically is asking the State Legislature to slow down the process a bit, create a Blue Ribbon Panel if they need to, and think through the problem and all the ramifications that their suggestions or new ideas may cause in trying to implement it. Mayor Edelcup said one of the major problems with the sales tax is that would be collected at the State level and no one has figured out how those sales taxes would find their way down to the City, and sitting at the tail end of that funnel, he said he suspects greatly by the time the amount of tax money that trickles down to the bottom of the funnel that there would be so much siphoned off that we would not see a fair representation or replacement of the dollars that we have given up by giving up property taxes. He asked the City Manager if the proposed suggestion that has been put in by the House Committee regarding sales tax, what it would do to the staffing levels here in our City. City Manager Szerlag said with an $8 Million Dollar reduction in our General Fund which is over a third, would equate to having to layoff over 100 employees and we just could not function in that respect. Mayor Edelcup said we would find our City with half of the Police, half of the Parks and Recreation people, half the staff, but more importantly we would probably find that those that were left would be looking to find jobs elsewhere and quality people would disappear from local government because they would find that they could not be adequately compensated, and we would have to hire people with lesser skills, and fewer of them to deliver services, so this is an important decision. He said we need to send a strong message and that he would hope our sister cities throughout the State would do likewise because if you don't have your vote counted it would happen without your input and the next thing you know you have inherited a situation that you got by default for not speaking up. Vice Mayor Thaler noted on item 9, if taxes are rolled back for all properties, we are dealing with businesses and non-homesteaded also, he just wanted that noted, that it is for all and not just for homesteaded. Commissioner Goodman said we are not saying what we should do to solve these problems, and Mayor Edelcup said that we are giving some broad general direction as to what they should do and one of the things that we are suggesting is a Blue Ribbon Panel to study this, and in the alternative that we are suggesting that we may follow the lines of what Governor Crist has said in doubling the homestead and trying to set some 16 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida reasonable cap on the annual increase in property tax values, and we are suggesting that we use the current use as a way of appraising a piece of property as opposed to the highest and best use. He said as an example, if someone has a parking lot and that is an important facility for people to park their cars, he can only derive so much revenue from parking cars, you can't then expect to have an appraiser come by and say that you could have built a 50-story building on that property and if that property was used for a 50-story building it is worth 10- 20 times more than what it is as a parking lot and therefore you must pay taxes as though you were going to have a 50-story building on there when your full intent was nothing more than to continue to park cars on that lot, so why are you penalizing me for providing a needed service by assuming that I am going to build something at its highest and best use. He said we are trying to instruct the State to say use the current use for the property, look at giving more in the way of a homestead exemption by doubling it but not at the first $25,000.00, let everyone pay at least a minimal amount of taxes because everybody uses services, and then lastly, provide for some reasonable cap whether it be 3%, 4%,5% as to the limit of increase that can occur from year to year regardless of what may be happening out in the market place as to the property values. He said if the property values went up 20% it is not necessarily you need to increase your tax base by 20% and "Save our Homes" had the 3%, and perhaps some were at a lower level that all properties should have some protection against exorbitant rates of inflation from year to year and this resolution covers those suggestions but leaves enough latitude that we are not mandating in stone the final version but suggesting avenues that should be explored. Commissioner Goodman said we are not only suffering with the assess valuation of the property and the taxes but we are getting deluged by the insurance and everything coming all at once is becoming a major problem. Vice Mayor Thaler said on page 3, section II, [page 235 of agenda] does answer Commissioner Goodman's questions. Commissioner Brezin said the messages that she is getting from most of the condo owners is that this is wonderful that we are finally going to get some relief here, and so the message we are trying to relate to them is it might take away funding for all the crucial programs we have, starting with the parks and recreation programs, police department, and many other amenities that we have. She said that it is our responsibility to understand this to explain it to those that don't, yes they should get relief but not at a cost that will be so high that their apartments would depreciate in value because when you take away the amenities, their apartments would not be as desirable as they currently are. She said that she feels that Governor Crist's program is an excellent one. Commissioner Iglesias said one of the reasons we became a city is exactly what the Mayor said, we know what the needs are locally better than anyone else, but it is hard to see one day and realize that your college education for your kids have just taken an impact. When he wakes up one day and realizes that his property tax just went from $7,000.00 to $l6,000.00 to $34,000.00 a year, because the founding fathers of this country said no taxation without representation and he would like to know ifhis garbage is being picked up five times more than the Mayor's, no it is not. He said that he is selling his house in Ocala to finish the construction of the house here which he probably can't keep for more then three years, so something has to get done and get done quickly because we are getting to the point that you can't afford to come down here. He said there is a lot of government waste because 17 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida approximately 12 years ago we faced this in public transportation but those who stayed behind worked a little bit longer and no one was fired. He said there has to be a solution because the way we are going right now Florida is going to be prohibitive. There has to be a medium somewhere where we all pay our fair share, something has to be done, and this is a start. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2007-1067 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup said that he hopes that he and City Manager Szerlag can contact the Florida League of Cities and the other managers throughout the State and encourage them to follow similar suit in putting the pressure on the Florida Legislature to do something that is fair and equitable for all the taxpayers in the State. 10J. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of 14 Round-Trip Airline Tickets from Kaplan Tours of Netanya, for the Havazalot-Netanya Dance Troupe of Netanya, Israel to Perform at the City's 10th Anniversary Celebration, in the Amount Not to Exceed $14,360.00, 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/distributed before prior to meeting.) City Clerk Hines read the title and Administrative Services Director Alyce Hanson reported. Public Speakers: none Mayor Edelcup noted that this comes under the budget that we set up for the 10th Anniversary Celebration. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1068 was adopted by a voice vote of 5-0 in favor. 10K. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager and/or His/Her Designee to Enter into an Agreement with Komfort Zone, Ltd., for the Rental of a Portable Restroom Unit for the Town Center Park, as Shown on Exhibit "A" Attached Hereto, in an Amount Not to Exceed $24,600.00, Provided Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; Further 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/distributed prior to the meeting.} City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: none 18 Summary Minutes: Regular City Commission Meeting March 15,2007 City of Sunny Isles Beach, Florida Mayor Edelcup said that he was against this a few months ago but when the City Manager informed him that we are going to be delayed with a permanent facility, he said then that we need to provide these facility services in particularly in view of the fact that we are going to have the loth Anniversary Celebration is this Park. He said that this has become a necessity and recommended that we move forward and put it in and hopefully it will be a short period of time as possible. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1069 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS l2A. Add-On: Mayor Edelcup introduced a new reporter with the Miami Herald, Christina Kent who is now going to be covering the City of Sunny Isles Beach in the Miami Herald "Neighbors". 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Goodman moved and Commissioner Iglesias seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 9:40 p.m. Respectfullysub1]1itted by: Approved by the City Commission on April 19, 2007 ,.... ~:t~~ Jan~ A. Hines, civic, City Clerk 19