Loading...
HomeMy WebLinkAbout2008 0117 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, January 17,2008, 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 George "Bud" Scholl 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: Robert Solera led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - December 13,2007. Action: Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Request to Defer Items 6A and lOA; Additional Information Item lOS, Keith & Schnars Scope of Work; Amend Items 100 and llA, Mansiana & MAC Appointments; Add-On Items lOT & IOU, Contributions to Aventura Marketing Council and to FlU Biscayne Bay Campus, Add-On Items 12D & 12E, Discussions on Public Works and on Orange Bowl Memorabilia; and Hear Item 100 after Item 9B. Action: Mayor Edelcup noted the above changes to the agenda and noted that 6A & lOA will be deferred to February 21, 2008 at the Applicant's request. Vice Mayor Thaler 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. Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Annual Report on the "State of the City" by Mayor Norman S. Edelcup. Action: Mayor Edelcup read the State of the City Address. He noted that the City is very secure and financially strong, and with our financial resources we are able to provide better services to our residents. 5B. Presentation to Out-Going Members of the Mayor's Advisory Council. Action: Mayor Edelcup presented Certificates of Appreciation for out-going members of the Mayor's Advisory Council. He also presented Sunny Isles Beach Watches to the out-going chairpersons: Community Activities and Health Committee: Honey Scriff and Long Range Planning and Intergovernmental Committee: Commissioner George "Bud" Scholl. (City Clerk Hines will mail the Certificates of Appreciation to members not present including Traffic and Safety Committee Chair Harvey Busch.) 6. ZONING 6A. Request of 488 Sunny Isles, Inc., Owner of the Property Located at 488 Sunny Isles Boulevard, for the Following: (Hearing #Z2007-02) The Applicant is seeking site plan approval for a Mixed-Use waterfront residential consisting of a 16-unit condominium tower with ground floor retail. The Applicant is also seeking approval for two variances: 1) Eliminate the penthouse- from-tower setback; and 2) Reduce the minimum lot width. In addition, the Applicant is requesting transfer of development rights in the amount of four (4) dwelling units and 13,143 square feet. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for a Mixed-Use waterfront residential consisting of a 16-unit condominium tower with ground floor retail. 2. Pursuant to Section 265-37 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance from the requirements of "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to reduce the penthouse-from-tower setback from 20 feet in the front and sides and 10 feet in the rear to zero (0) feet. 3. Pursuant to Section 265-37(F)(8), the Applicant is requesting a variance from the requirements to reduce the minimum lot width from 100 feet to 97.5 feet. 4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is also requesting the transfer of 13,143 square feet and four (4) dwelling units of development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment shall be made for a decrease of 13,143 square feet and seven (7) dwelling units from the City's Transfer Development Rights Bank). Protests 0 Waivers o Ex Parte -----L 2 Summary Minutes: Regular City Commission Meeting January 17, 2008 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: Correspondence from Clifford Schulman, Esq, was distributed prior to the meeting requesting a deferral to February 21, 2008. See action under Item 4A.] This item was deferred to the February 21, 2008 Commission Meeting at the Applicant's request. 7. ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-47 of the City Code Relating to Driveway Standards; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 12/13/07) Action: City Clerk Hines read the title, and Community Development Director Robert Solera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance, as amended. Ordinance No. 2008-296 was adopted by a roll call vote of 4-1 [Commissioner Scholl against) in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Scholl no Vice Mayor Thaler yes Mayor Edelcup yes 3 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-45(E) of the City Code Relating to Fences and Walls; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 12/13/07) Action: City Clerk Hines read the title, and Community Development Director Robert Solera reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2008-297 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Scholl ~ Vice Mayor Thaler yes Mayor Edelcup yes [City Clerk's Note: Item 100 was heard after 9B, see action under Item 4A.] 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $2,800,000.00 for the Property Located at 488 Sunny Isles Boulevard, 488 Sunny Isles, Inc. (the "Applicant"), (TDR07- 01); Providing for the Acceptance and Payment by the Applicant of$841,152.00 for the Transfer of Development Rights ("TDRs") in the Amount of 13,143 Square Feet of Floor Area and Four (4) Dwelling Units; Providing for 10% Deposit for TDRs; Providing for Adjustment of the Balance ofTDRs from the City's Bank to Reflect a Decrease of 13,143 Square Feet of Floor Area and Seven (7) Dwelling Units; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing For An Effective Date. Action: [City Clerk's Note: See action under Item 4A.] This item was deferred to the February 21,2008 Commission Meeting at the Applicant's request. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Marlin Engineering, Inc., to Provide Civil Engineering Services for the Plan Design, Engineering Specifications, and Permitting Documents for the Demolition and Reconstruction of the Sunny Isles Beach/Newport Fishing Pier, for a Total Amount Not to Exceed $441,303.00, 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 City Manager Szerlag reported noting that because of the condition of the Pier that we will not go through the competitive bid process, and he presented pictures of the Pier in its deteriorated state. He said everything east of the 4 Summary Minutes: Regular City Commission Meeting January 17, 2008 City of Sunny Isles Beach, Florida high tide watermark will be taken down, both the substructure and the superstructure, and the superstructure top will be taken down west of that high tide watermark, any stanchions that are in good shape west of that mark will remain. He estimated about a year and a half total time for demolition, permitting, design, and bidding of the Pier. Public Speakers: Edwin Mojena Mayor Edelcup asked Edwin Mojena of Marlin Engineering to give them a walkthrough as to the design of the new Pier as many of them are inclined to hope that it somehow keeps its historic look. Mr. Mojena said they understand this is a historic landmark and they will follow the permitting process that will be part of the design to make sure that it will be enough of a mitigation to maintain the landmark status, and will be designed and constructed to reflect the existing look of the Pier. He said that they anticipate that the design at the beginning of the permitting will last about six (6) months, and then they can go consecutively into a more detailed design, into the bidding process, and have an estimate just to have a contractor onboard. Commissioner Scholl asked if they could work simultaneously on the permitting process and the design process, and Mr. Mojena said yes. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1198 was adopted by a voice vote of5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Second Addendum to the Agreement with Marlin Engineering, Inc., for Sunny Isles Boulevard/SR826 Project, in an Amount Not to Exceed $47,720.00, Attached Hereto as Exhibit "A"; Providing for the Mayor to Execute Said Second Addendum to the 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 City Manager Szerlag reported that during the design of this project there was no accommodation made for drainage on the buildings north of Sunny Isles Boulevard. He said given the elevation of the curbing that we have for our brick pavers against the finished floor elevation of those buildings north of Sunny Isles Boulevard, during a rain event there is going to be ponding. He said he is recommending that we obtain our engineer that designed Sunny Isles Boulevard, to develop those specifications to take care of the drainage, and in tandem taking care of stormwater runoff. He said that we are also going to have a better look for those properties from the brick paver curb line going north for about 10-12 feet, as right now it is a patchwork of shrub, dirt, asphalt, concrete, and broken brick pavers, and we would like concrete to take its place, that is stamped and dyed to match the color of our brick pavers. He said that cost will be about $350,000.00 through a change order with Williams Paving, and if the cost we get from Williams is reasonable he would like to proceed in advance of the February meeting and come back for ratification. Public Speakers: none Commissioner Brezin asked if this is the result of the construction that is taking place and asked if FDOT is responsible for some of that, and City Manager Szerlag said that FDOT will say that they are not responsible for drainage from private property, but the City is not 5 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida responsible either. He said that this is a proactive approach to having an overall better project so when it rains, the storm water will float down to the curb line and through a grate where it will be carried away, and on the way down, there is a band of private properties where we are going to require an easement from all the contiguous property owners to make this work, and because the City is going to be paying for this he feels that the easements will be given to the City readily. Commissioner Brezin said then that the part of the beautification that the City Manager is referring to would be in conjunction with the easements that we are going to receive that would belong to us. City Manager Szerlag said the easements would be to allow us to work on the property and ifthere are any grates involved, there would be a drainage easement and for doing that we want to go out north from the curb line about 10-12 feet, pour some concrete, stamp it, make it the same color as the property in the right-of-way which is essentially the City FDOT project. Commissioner Brezin said then that the builder would be responsible for the part that involves the repair and beautification and we would continue on that as part of the drainage project. City Manager Szerlag said yes, Williams Paving who is the prime contractor will submit a change order that will incorporate both the drainage work and the paving work. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1199 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving a Joint Purchase and Entity Revenue Sharing Agreement with Miami-Dade County for the User Access Program (UAP) for the Purchase of Diesel Fuel for the 2,000-Gallon Above Ground Tank Located on the Southwest Portion of Government Center, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1200 was adopted by a voice vote of5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Creation and Implementation of a Dog Park in the Senator Gwen Margolis Park, Based on the Feasibility Study Conducted by Staff and Attached Hereto as Exhibit" A" and Waiving the City's Competitive Bidding Procedures for this Project; 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 City Manager Szerlag reported. Cultural and Human Services Director Susan Simpson said that the northeast corner is a nice sized area where the horses and carriage are and we can fence that off, noting that there is a budget in the packet with a total capital portion of$46,275.00 which would include fencing, additional landscaping and equipment. Public Speakers: none Mayor Edelcup asked where the horses and carriage would be moved to, and Ms. Simpson said they were proposing to leave them where they are and fence them off with a smaller fence so that no one could encroach upon it. Mayor Edelcup said to move the horses and carriage to another site within the Park when it becomes a doggy park. Commissioner Goodman said we will have to look at it again after the trial period ends. Vice Mayor Thaler asked about the hours, and Ms. Simpson said the hours are from 7:30 a.m. to 8:00 p.m., Monday through Sunday. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1201 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Second Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A), for Additional Design Services for the Central Island Drainage Project, in an Amount Not to Exceed $116,840.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Second Amendment to 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 City Manager Szerlag reported noting that this project involves street resurfacing giving us an opportunity to give our City a clean look as currently about 40% of the streets under this project's scope, do not have curb and gutter. He said this is for design services to have concrete curb and gutters for those streets, including North Bay Road, 181 st Street, 180th Street, 179th Street, NE, 17ih Street and Atlantic Boulevard. He said we want to have a good balance between parallel parking and, where it is feasible, a green belt and a walkway off the street. City Manager Szerlag noted that we haven't awarded the bid yet as we are better off having the design first, and then the contractor as part of his bid can include this so that it is not a change order. He said he would also like funding available to add palm trees, or some other type of shade trees, and pedestrian lighting, making that a standard for us. Mayor Edelcup said then that he will come back to the Commission when those plans are finalized, and City Manager Szerlag said yes. 7 Summary Minutes: Regular City Commission Meeting January 17, 2008 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1202 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement Between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and the City of Sunny Isles Beach Relating to a Sovereignty Submerged Lands Lease for Operation of the Newport Fishing Pier, in Substantially the Same Form Attached Hereto As Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager To Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for Ratification by the City Commission; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that by entering into the lease, the City would be authorized to reconstruct and operate the Pier, along with the ticket booth and restaurant. The City agrees to accept the leased premises in an "as is" condition and is not required to finalize the maintenance and repair of the leased premises for five (5) years. The City also agrees that during construction of the Pier, the City will prohibit public access to the Pier and nearby areas. The lease term is for five (5) years from execution date of the lease. The City is required to pay an annual lease fee of One Dollar ($1.00) per year, with the City agreeing to use revenues generated by the Pier for maintenance and repair of the leased premises. Public Speakers: none Mayor EdeIcup said that he wouldn't want to put all this money into the Pier only to have the State take it away after five years. City Attorney Ottinot said that the State does not own the Pier, the Pier belongs to Dr. Cornfeld, and Dr. Cornfeld has given us the right to operate the Pier. Commissioner Scholl said that when a land lease expires, whatever improvements are on that land, go back to the owner, but he doesn't think it is an issue. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1203 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with First Southwest Company for Financial Consulting Services to Assist in Developing a Comprehensive Financing Plan on an Hourly Basis with a Cap Set at $13,000.00, and te Assist in Seeuring a Credit Rating frem Third Party Rating Ageneies en an Heurly Basis with a Cap Set at $12,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Other 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 clarified that he wanted to make a slight modification in keeping with our methodology in approaching projects on more of a phase basis, and so he is asking for approval of the master agreement and attachment "B", which is for the financial consulting services to come up with 8 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida the methodology and a proposal recommendation for financing options for the City, and noted that Ed Marquez is in the audience representing First Southwest Company, who worked with the City several years ago providing basically the same services when they financed the Government Center. Public Speakers: none Mayor Edelcup said that is a good approach to do this step by step and we can always review where we are at, at the end of each of the previous steps and then go from there. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution, as amended. Resolution No. 2008-1204 was adopted by a voice vote of5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For and Accept a Miami-Dade County Metropolitan Planning Organization (MPO) Grant on Behalf of the City, in an Amount of $143,279.00, for a Master Thoroughfare Plan; Authorizing the City Manager to Take Any and All Action Necessary With Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Doug Haag reported noting that in this case they have already submitted the application, and it is being processed. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1205 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For, Receive and Accept a Safe Neighborhood Parks (SNP) Bond Program Grant with Miami-Dade County, for Partial Reimbursement of the Acquisition of Park Property Known as Bella Vista Bay Park Located at 500 Sunny Isles Boulevard, in the Amount of$113,OOO.OO; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate, and 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 the City has already received notification that we are going to receive these grant funds. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1206 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For, Receive and Accept a Safe Neighborhood Parks (SNP) Bond Program Grant with Miami-Dade County, for the Installation of Artificial Grass, Playground Equipment and Shade Structure at the Samson Oceanfront Park Located at 17425 Collins Avenue, in the Amount of $30,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate, and 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 the City has already received notification that we are going to receive these grant funds. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1207 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with Section 932.7055, F.S. to Expend $50,000.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, for Various Charitable Contributions and for Legal Costs Associated with the Asset Forfeiture Process; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Chief Fred Maas reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1208 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Florida Power and Light (FPL) Phase I of the Undergrounding of Electrical Lines Project from 185th Street to the City's North Boundary Line, in the Amount of$325,649.00, 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's Note: Items 10M and ION were heard together as related items.] City Clerk Hines read the title, and Assistant City Manager/Services Vera reported that this is the first phase and will start from the northern end of the City down to 185th Street, and pick up the homes along Atlantic Boulevard and Golden Shores that are east of Atlantic Boulevard. He said the cost estimate includes $274,035.00 in adjustment credits for both FPL new government adjust factor, and a credit for an equivalent overhead system design. He said the undergrounding for this section will take a minimum of five (5) months, and upon FPL energizing the last generator in this section, all the residents and businesses must convert to this underground system within six (6) months, and until everyone has converted to this 10 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida system, the poles will remain above. If the residents do not underground within this period of time we will lose about 25% credit which amounts to about $116,000.00. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1209 was adopted by a voice vote of 5-0 in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Florida Power and Light (FPL) for Phase II ofthe Undergrounding of Electrical Lines Project on 172nd Street Between North Bay Road and Collins Avenue, in the Amount of $156,460.00, 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 Assistant City Manager/Services Vera reported that Phase II is between Collins Avenue and North Bay Road on 172nd Street, and this project will be done in conjunction with the drainage project within the next couple of months. He said we have a credit of $120,269.00 from FPL for the equivalent overhead design installation, and that this proj ect will take about four (4) months. He said that we need to have all the residents and businesses tie into this within 6 months or we will lose the credit of 25% which amounts to about $59,713.00. He said both of these projects (Item 10M) came way under budget which were both estimated at about $500,000.00. Public Speakers: none Mayor EdeIcup asked that in order to make sure that we accomplish our goal of getting the entire City undergrounded, do we have in place the necessary ordinance to enforce compliance within six (6) months, and if they don't do it, can the City do it and lien the property? Assistant City Manager Vera said that we did create an ordinance that you have to tie into underground for that reason. He said the next phase will be in Atlantic and then he is working with FPL to rework the rest of the City in one or two phases and that will be the end of the project. Mayor EdeIcup said when it happens, we need to get letters out to the individual owners of the properties informing them of when they must have the undergrounding completed on their property. Assistant City Manager Vera said as soon as this gets approved he will start noticing everyone in the affected area, and that they will have approximately a year to accomplish this. Mayor Edelcup said whenever the completion date is we need to establish a date certain on each of these two projects even it that requires a second mailing so that everyone is duly notified so we don't run into excuses or legal defenses as to why they haven't complied. Vice Mayor Thaler asked how disruptive this will be in the area for the single family homes, and Assistant City Manager Vera said that they would be basically working out of the alley, not the street. He said the most disruptive area on Collins A venue will be at the corner where the Regalia is and the northern corner of Ocean I, but other than that those are the places that are going to be underground and then a little bit down south once you pass Ocean II, that might also be disruptive, but he already has easements for those properties, so hopefully they can work everything within these easements. Vice Mayor Edelcup said then II Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida that at the same time they will notify the condos and the individuals as to when the work is going to start, and relay what you just said. City Manager Szerlag said for information, our protocol on Sunny Isles Beach for all construction projects is to have a neighborhood meeting with residents that are effected and part of that meeting includes a MOT, or a Maintenance of Traffic and we require if possible all roads to be open at all times on at least one lane, and every home has access, every curb cut, but that is all laid out to the property and condo owners prior to construction. Vice Mayor Thaler said you will probably only have about 5% of the people showing up at these meetings and that is why he is asking for notification to be sent out. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1210 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval to Amend Resolution No. 2007-1168 to Extend the Time for Payment of Transfer of Development Rights ("TDRs") by Mansiana Ocean Residences, LLC. (Commonly Known as the Solis Development Project); Approving the Second Amendment to Promissory Note, Attached Hereto as Exhibit "A"; Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: An amended Exhibit "A" was distributed prior to the meeting.} City Clerk Hines read the title, and City Manager Szerlag reported that he has an amended request on the extension from Danny Tantleff of Solis, that he would like to have the extension go to December 31, 2008. He said the conditions that he outlined in his January 17,2008 letter are essentially the same, it will be 7.5% payment on the unpaid balance, the difference will be quarterly payments made on the interest to the City of Sunny Isles Beach, and this will enable the contractor to continue with his permitting and construction to keep his crew on site and hopefully reach appropriate financing in a more expedient fashion. Public Speakers: none Commissioner Scholl asked what our mechanism is if payments are not met, and City Manager Szerlag responded that we would issue a stop work order. City Attorney Ottinot said that this is a promissory note and if they fail to comply we can go to court and enforce that promissory note. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution, as amended. Resolution No. 2008-1211 was adopted by a voice vote of 5-0 in favor. 12 Summary Minutes: Regular City Commission Meeting January 17, 2008 City of Sunny Isles Beach, Florida lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Urging the Florida Legislature to Support the Florida League of Cities' Legislative Priorities During the 2008 Legislative Session; 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 Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1212 was adopted by a voice vote ofS-O in favor. 10Q. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving an Option Agreement in Substantially the Same Form with the Phyllis Goldman Trust, for Purchase and Sale of Real Property, of Approximately 0.46 Acres Located at 287 Sunny Isles Boulevard, in the Amount of $3 Million Dollars with an Option Deposit of $SO,OOO.OO for a 60-Day Option, Which Deposit Shall be Applied to the Purchase Price ifthe City Proceeds to Purchase, 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 this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the Option Agreement has been signed by the Phyllis Goldman Trust. Public Speakers: none Mayor Edelcup said that he thinks this is a good first step in helping to revitalize Sunny Isles Boulevard, and to go on record that we did do an appraisal on this property and this is the appraisal value of the property, and also that we are obtaining this without having to go through the eminent domain process which saves a lot of time and money. Mayor EdeIcup thanked City Attorney Ottinot for doing a great job in bringing this to the Commission in its final form. Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1213 was adopted by a voice vote ofS-O in favor. lOR. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Agreement with Luff Consulting, Inc. to Perform Consultant Services, Update the Planning Policies and Develop Strategies for Open Space and Recreation Facilities Servicing Sunny Isles Beach, in a Total Amount Not to Exceed $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: [City Clerk's Note: Items lOR and 10S were heard together as they are related items.] City Clerk Hines read the title, and City Manager Szerlag reported noting that Mr. Luft will be providing the planning and design services to analyze the needs and priorities of the City for expanding its Open Space Facilities Program and recommendations that will 13 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida guide the implementation of such a program. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1214 was adopted by a voice vote of 5-0 in favor. 10S. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Keith & Schnars, P .A. to Provide TrafficlTransportation Engineering Services Including a Parking Garages Study, in an Amount Not to Exceed $36,240.00, 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's Note: A Scope of Work was distributed prior to the meeting.] City Clerk Hines read the title, and City Manager Szerlag reported noting that Eric Penfield, Traffic Engineer, will include a series of tasks relative to parking needs, including parking structures, and in addition, Mr. Penfield sent a supplement which is also part ofthe packet. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1215 was adopted by a voice vote of 5-0 in favor. lOT. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Contribution to the A ventura Marketing Council, in an Amount of $2,500.00, toward the Sponsorship of Pangaea: World Festival in Aventura; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1216 was adopted by a voice vote of 5-0 in favor. IOU. Add-On: A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving a Contribution to the Florida International University's Biscayne Bay Campus, in an Amount of$2,SOO.00, toward the Sponsorship ofthe 30th Anniversary Gala Luncheon; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none 14 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1217 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 11A. Call for a Motion to accept the resignation of Celina Shevlin and confirm the following appointments to the Mayor's Advisory Council: . Confirm the appointment of Ronald Starkman to the Long Range Planning and Intergovernmental Relations Committee. (Vice Mayor Thaler). . Confirm the appointment of Erica Michalsky to the Long Range Planning and Intergovernmental Relations Committee. (Commissioner Scholl). Action: City Clerk Hines read the title. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to accept the resignation and confirm the appointments. The motion was approved by a voice vote of 5-0 in favor. 12. DISCUSSION ITEMS 12A. Discussion regarding the City of Sunny Isles Beach New Web Portal. Action: Information Technology Director Edel Fonseca presented a power point of the City's new Web site. He said that they based it on statistics of our website where users have been visiting, and grouped them in categories and took this design which is clean and organized and designed it for users to find information quickly. Public Speakers: none Information Technology Director Fonseca said that other things that will be added is to give direct requests to Public Works or Code Enforcement on-line, and noted that this website will be developed in phases, and the first phase will be a template on how the web site will look once we go live, which will be on February 4, 2008. He said that the web site is very informative, pleasing to visit, and one feature is beach conditions, beach accesses, etc. Also we have taken control of our website from the County, so we can now update events, beach conditions, etc. in real time, including road closures, emergencies in the City, announcements, etc., and there will be an animated gift that is going to scroll down main events in the City such as movie night, etc., and once it is highlighted, they can click on it, and it will take them to the event itself. City Manager Szerlag noted that we did this work in- house, and IT Director Fonseca said yes that they worked in conjunction with Administrative Services Director Alyce Hanson and her staff. He said when we go live on February 4 residents will have the ability for on-line inspection requests. Vice Mayor Thaler suggested putting an article in the January 28th Edition of the Sunny Isles Beach Sun relating to this new website. The Commission commended IT Director Fonseca and City staff for a great job. 15 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida 12B. Discussion/Presentation on the Disaster Recovery Phase I Implementation. Action: Information Technology Director Edel Fonseca reported and presented a power point of the implementation of Phase I of Disaster Recovery. Public Speakers: none Information Technology Director Fonseca noted that Phase I was started on December 17 and completed on December 21, 2007, and it has given us the benefits of reduced space requirements for our data centers, where we reduced the energy requirements for the data center and air conditioning to keep the data center cool. He said that it was reduced by 30% because we have virtualized the environment by taking 20 physical servers that were performing different tasks, and consolidating the environments to three (3) servers that are now hosting those 20 physical servers which reduces the cost of energy, keeping the systems cool. He said that he has asked Facility Maintenance Supervisor Victor Mercedes to give him a tally of how much the data center has reduced in energy savings, and then in April when he reports on Phase II, which is the Police Department, we will have numbers on how much we are really saving for this project. He said that we now have benefits of quick recovery with minimum data loss. He said that our systems are now in one small backup tape, and with this tape we can move the environment wherever we need to if we had to move our systems due to a hurricane, etc., and within three (3) hours we can have the environment back up and running. 12C. Discussion regarding Traffic Control and Directional Sign age throughout the City. Action: Assistant City Manager/Services Vera said he would like to start looking at changing the street signs to make it all conformed for a better look of the City, and he showed pictures of different styles of signs, and noted that these signs were done by the same people that did our monument signs. Assistant City Manager Vera asked for direction from the Commission so he can bring back quotes on the cost, and a mock-up so the Commission can see what it would look like. Public Speakers: none Mayor Edelcup asked if we can put our logo on the signs, and Assistant City Manager Vera said yes, we can do the seal or the wave, and Mayor EdeIcup said the wave would be more appropriate. It was the consensus ofthe Commission to go forward with the first photograph with the City's Wave Logo. Vice Mayor Thaler asked if these are lighted signs, and Mr. Vera said no, and Mayor Edelcup said the only signs we planned for lighting are the ones on Collins A venue in the intersections, these are for the interior sections, and Mr. Vera said that is correct. Commissioner Goodman said that the yellow and black signs would be more obvious than the white and black signs, and Mayor EdeIcup said the directional signs will have to be yellow, and agreed that we should use the yellow and black vs. the white and black. Vice Mayor Thaler said a good part of Broward County now has a different color yellow, he doesn't know if that is becoming standard, and Assistant City Manager Vera said he would check that out. Assistant City Manager Vera asked if they wanted the sign with the addresses at the top of the sign and the Commission said yes. He will come back with a cost per sign and a tally of the cost for all the signs to be changed. 16 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida 12D. Add-On: Discussion regarding Public vs. Private Sector Comparison to Achieve High Level of Service for Public Works Function. Action: City Manager Szerlag commended his staff as all he said to Information Technology Director Fonseca and his task force was that our website doesn't look too good, can you make it look better, and this is what they came up with. He said along those same lines, he met with Assistant City Manager Vera and Public Works Director Rick Conner and indicated that when we went out to bids for Lukes' Landscaping it would also be a good idea to see if we could compete with the private sector in terms of a very specific scope of work because it is very important to have a first class City in terms of how we look. He said that Public Works Director Conner did most of the work on this starting from scratch, with the landscape bid and to figure out how many hours it would take to give us a first class community in a number of areas that are cleaning and maintaining Collins Avenue, Parks, Beach Accesses, restrooms, bus shelters, parking lots, public facility grounds, street and stormwater maintenance, and repairs and general maintenance. He said the bottom line is that we can hire an additional eight (8) full-time personnel in the Public Works Department and still be more cost effective and efficient than the private sector by about $40,000 annually, and at the same time increase our level of service. He said the recommendations at this point will be formalized in February but he wanted to get ajump start ifthe Commission agrees so we can advertise for the full-time Public Works personnel: 1) an acknowledgement that we can do a better job than the private sector and cheaper; and 2) that the bid award and the landscape elements go to Lukes' Landscaping. He said Lukes' is the lowest qualified bidder based on a best value approach, not the lowest bidder per se, but when you do a best value approach you look at other elements besides just the bid spec that are written down, there was about a $19,000 difference between the low bidder and Lukes'. Public Speakers: none Public Works Director Rick Conner said that this is truly a complex issue because we had so many variables and so many options which is good, and he has been working for about a month trying to decipher the bids and he noted some key issues. He said we never had a real solid contract and so he wanted to start from scratch and write something where we can really look at what each item costs us to do that particular job. He said in the bid there is something like 434 permutations, about 140 items, and we wanted to see the best way to accomplish the tasks. He said that when they got the bids and opened them, that was the basis of getting the information, which is rock solid, and in the last several months he feels that the Commission is looking for something more than just the status quo, he thinks the Commission is interested in getting things done, getting them done quickly, and being very proactive in raising the bar significantly, and as he was reviewing the bids he saw the opportunity of taking us to that next level of service and be able to react and do the things that we need to do. He said this kind of package gives us the resources to do the things the Commission wants done, and we also have to rely on the private sector as there are things they do much better than what we can do, and there are things that we can do more effectively and cost effectively than they do because we know exactly what we want and we know how we want the product to be determined. He said the bottom line that we have given the Commission are three (3) general options to consider: 1) we do privatization, we say let's pay it, we reduce our staff however we have to and we go out and we have somebody else do 17 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida it for us, but he does not recommend that because you will not get the level of service that you want to accomplish; 2) keep the staff that we have and try to meld them and make it work, and he recommends against this option because it is really a patch; and 3) and what staff is recommending, is a joint venture type proposition where we get the private sector to do what they do well, do cost effectively and we couldn't compete with them. He said keeping Collins A venue spotless, making sure that the banners are hung and if one falls down we are out there in five minutes putting it back up, making sure that if a businesses has a question or concern that we are there and responding, and with this program we think we can do that type of thing and really raise the bar significantly, and reduce our costs. Mayor Edelcup said that he thinks that this is a wonderful program, and that Mr. Conner has read the Commission right and that they are reaching for a higher standard and status quo, and this seems to get us the best of both worlds, and we can achieve better than we have today at a lower cost, and we should move forward with option 3, the sooner we are there, the better, and Commissioner Goodman agreed. Vice Mayor Thaler said he also agrees but he asked how long will it take us to get new staff on line, and City Manager Szerlag said that he has already asked Human Resources Director Tom Acquaro to advertise. He said that there are two basic levels, there is a field maintenance level which is essentially an entry level Public Works division, normally we can fill those pretty easily within two months, but the eighth position is going to be more managerial technical, it is going to be a GIS Support System that will help with mapping and logistics for doing the work, which may take a little bit longer. He said that we also have been advertising now for over six months, for a Superintendent of Public Works, and we have not been successful, it seems that the lower line levels we can fill fast, the higher we go the harder it is to fill, but by the end of March we should have those eight people here. Commissioner Scholl said he is always critical of expanding the employee base when we have the private sector alternative simply because with the private sector we create an air of competition and if we are unhappy we fire them or we manage them more appropriately. He said that he gets critical when he hears that they are not responding in a timely manner, and he looks back at staff and says to manage them better. He said instead of creating a larger bureaucracy that you have to manage within, and he applauds the hybrid approach because he thinks they are trying to take the best of both worlds, but he is going to look at this very carefully. He said in the future his attitude is going to be if we can go private sector let's go private sector, go with best firm, and manage them appropriately as opposed to expanding our own bureaucracy because HR policies are tough and you just don't have the same kind of leverage over that infrastructure once you create it that you have over a private firm that you can go out to competitive bid next year and they know that they are hanging out there. Public Works Director Conner said that today he spent two sessions visiting with private consultants on management ofprojects for us and they said why don't youjust hire in-house people, why would you want to talk to us, and he went down the list of reasons. He said the effect of these projects may be short-term, he wants the expertise, he can't pay somebody for the next 20 years at that kind of salary but for these projects while they are here it makes sense to have them on-board. He said through the years he has tried that whenever he could and whenever it was appropriate, but there were a couple of places where he would dig in his 18 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida heels and say I will do whatever you all direct us to do but he is going to tell them that he feels it is bad advice to say take these certain things private, and it was always because of responsiveness. He said it is not a matter oftelling the contractor ifhe doesn't do well we will get somebody else next year, it is writing a set of specs that says when that street sign falls down and I need you to come in at 2:00 in the morning and just say I will take care of it, I will do it right, and I care about the City because this is my employer. He said the other area that he always talks about is solid waste pickup, it was always this tremendous force to go to privatization and they could do it slightly more costly, and every time he ended up doing that and what he found was the number of phone calls they received increased. He said that he would say here is the cost, the money cash in hand you are going to save, but here is what you are going to lose in customer service, and so that is why he proposed this hybrid, and if you would look, it is very specific, where are the areas that we need to provide that very specific customer service. He said he also feels to keep it private when you can but there are some specific issues that cities provide that should be kept in-house because you can keep that control and you can elevate that level of customer service. Vice Mayor Thaler said with Commissioner Scholl being new on the Commission, he doesn't understand the number of calls that they have gotten, and the response time has really been terrible. Mayor Edelcup said that you can't hire everything out, and Commissioner Scholl said he doesn't either, he is just saying he is going to be very critical of what does get hired out. Mayor Edelcup said be critical when we have a real issue, and he thinks this is one that they all agree that it is best managed within. Commissioner Goodman said that we have been hiring out for ten years and we have not been successful, and he thinks this could steer us in the right direction, and if it doesn't work we can go back. Mayor Edelcup said based on the direction that staff is hearing from them tonight to proceed with it and come back to us. City Manager Szerlag said that next month they will award those elements to Lukes' Landscaping and put out the ad for eight (8) Public Works personnel. 12E. Add-On: Discussion regarding Securing Orange Bowl Memorabilia for the Pelican Community Park Baseball Field. Action: City Manager Szerlag presented a photograph of the baseball field, and asked the Commission for direction on whether the City should attend an auction at the Orange Bowl to purchase some memorabilia that would be placed around the perimeter of the Pelican Community Park Baseball Field or somewhere in the Community Center. Public Speakers: none Mayor Edelcup voiced his opinion against this because the Orange Bowl is in the City of Miami, not in the City of Sunny Isles Beach, and if we start this process then we open the door to all kinds of things that are unrelated to the City and he would like to limit our memorabilia to things that pertain only to our City. Vice Mayor Thaler said he disagrees, he feels it is part of South Florida and we are part of South Florida, and he feels that it is something that people will walk around and point to 19 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida because the people are coming from not only Sunny Isles Beach but that are going to play on that field and will have a knowledge of the Orange Bowl. Commissioner Brezin agrees but does not feel that there is such a thing as limitations, we can have something from the Orange Bowl and she agrees that we are part of it but she doesn't feel that we should go all out with memorabilia, a certain amount of memorabilia, and she feels that we have to use discretion in the amount of memorabilia that we intend to receive, and whoever is in charge of this and their committee should certainly use discretion, but she does not object to having Orange Bowl memorabilia. Commissioner Goodman said that we should have some kind of remembrance of the Orange Bowl, it doesn't have to be large, it could be small, and Mayor Edelcup said if you keep it inconspicuous why have it, unless we have something specific, and what is the criteria? Commissioner Scholl agreed with Mayor Edelcup, to go and arbitrarily say we are going to get some Orange Bowl memorabilia and put it in the Park and we are not sure where it is going to go, what we are going to buy, and he feels that we have a good base for memorabilia for Sunny Isles Beach. Vice Mayor Thaler said that the Orange Bowl is known on a national basis, and there are so many people that have been there and have wanted to get there, put a cost factor on it of $2,500, something small that can go up on a wall, and he is just asking for a committee to be set up to go to the auction and get a couple of items. City Manager Szerlag said that he thinks he has a solution, what if you ask Vice Mayor Thaler and him to spend up to $2,500 and they will go to the auction and they will come back with something tasteful, and show it to the Commission. Mayor EdeIcup said he doesn't want to see this become a stepping stone for us collecting a lot of memorabilia from other parts of the community, County or the State because he doesn't feel that serves Sunny Isles Beach well He said that we are trying to create Sunny Isles Beach in a new image and the old image was fine if it related to our own personal history, and he still believes that it is a mistake to go outside of our City, but if it is the majority of the Commission then he is willing to go along with it. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Ruben Perez, owner of Ruby J's Restaurant at 239 Sunny Isles Boulevard, expressed disappointment that the January 15 deadline that the Commission had set at the November Commission meeting, has come and gone and the construction is still continuing, and he asked what the timeline is, as he heard that there was an addition of a gutter on the north side of Sunny Isles Boulevard, so will this prolong that situation. Public Works Director Rick Conner said that we had initially indicated that we would do everything in our power to get the Contractor to have the north side of the project ready by January 15, 2008 and he had worked toward that, but the delay has been ordering the light fixtures and they had told them that in the beginning that it would be difficult to get them on time because they are custom manufactured. He said they are scheduled to be delivered the first week in February but he will get Mr. Perez the date, and once those are delivered they will get the light standards up and everything will be ready to go, and they can move off from the north side. Public Works Director Conner said that the drainage issue that was mentioned would be behind the curb, instead of at the street it would be on the north side of that band that is getting pavers. He said that he has talked to the contractor and they have some concern about accessing their equipment and getting it in and out of there and working that area, but we are 20 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida attempting to get a change order to have that happen without barricades and make it as non- obtrusive as possible but we do need to do something to protect that area with the drainage, and while they are at it, they want to enhance that area and create an improved vision. He said the Contractor has done everything that he can do, we have stayed in touch daily, and they have worked to get those light standards here. Mayor Edelcup asked how long the barricades have to be up. Public Works Director Conner said that the Contractor came to him two weeks ago and said that he is going to have a problem but he will get everything done that he can do until those light standards get here, and that the business people are going to be upset because they are going to look out the window and see nothing happening and will think we just walked offthe job, but he just has to have the light standards. He said they spoke about moving the barricades out of the way, including where to store them so they can be accessible for the job and finally decided on the north east bound cut-through under the bridge ramp. He said we would keep that blocked off as it is now and do all the staging there and put all the barricades there and give them access, but after they discussed it because of the timing they would have about a week and a half where the barricades wouldn't be there, and then they will come back and put up the barricades again. Mayor EdeIcup said what if the lights aren't there in time, isn't it better to remove the barricades until such time that the lights are there, and Mr. Conner said that they can do that as long as the businesses understand that they will come back and they were concerned of that impact. Mayor EdeIcup said whatever they can do to make sure the businesses have a better opportunity to succeed we should be doing that and he would be in favor of removing the barricades until those lights come in and if they are delayed at least they have had the use of it until they have to put them back up, and putting the lights up will be a quick job. Mr. Conner said that they will be using the barricades on the south side but they can't stage them over there because we can't allow the lanes to be closed. Mr. Conner said if they can ascertain a date, and it is less than two weeks when the lights will be delivered, he would recommend to just keep them up, and Mayor Edelcup said to try to get as close to a certain date as you can. Mr. Perez said his question is not so much the barricades but the process ofthe pavers, there has been a section west from Ruby 1's, the pavers were put down by about 30-40 workers which was amazing on Monday and Tuesday, and on Wednesday and Thursday there has been no progress, it just stopped, and the end is right in front of Ruby 1's, they could have continued doing the pavers and it would have been completed, and the last stage he would imagine are the light poles and then removing the barricades. Public Works Director Conner said that he would check that out. Commissioner Goodman said that part of Sunny Isles Boulevard where they put up all the blue signs and they had the entrance to the back, is he correct when he says you can't park in front of your premises even if it is not being fixed, you have to go around the back. Mr. Perez said yes but the store front is covered by a barricade, when you are driving in traffic you can't look around as you are focusing in front of you, and he has put money into the advertising, the sign, and beautifying the property itself and there has been no return on it, the only way is for this to be finished. He said they had discussed back in November their 21 Summary Minutes: Regular City Commission Meeting January 17,2008 City of Sunny Isles Beach, Florida discontent about the notices that they received and they were told that this was going to happen and that you were going to do everything you could to finalize it as soon as possible, and now we are going into mid-January and we are looking at another 2-3 weeks, by the time the barricades are removed we could be going into March, the last leg ofthe season, and this has been crippling the business. He is very disappointed right now at the situation, there doesn't seem to be enough movement out there, and there just seems to be delay after delay, and the patio goes right to where the pavers are, and so ifthere are going to be gutters put on the north side of that, then he knows it is going to impact the patio and that is one area that he is trying to promote in the business. Vice Mayor Thaler said he thinks it points out what he had discussed before, he thinks communications with our residents and retailers has to be improved, that is one of the areas that we have not improved enough, we should have known it was going to be delayed, it is the same thing he had said before about notifying the people as to what is going to happen. Mayor EdeIcup said definitely some of the fault was ours but definitely the landlord of the area certainly knew this project was there and unfortunately he was remised in not informing his prospective tenants of the project. He said it is hindsight now, we could have put out more notices but at the same time it wasn't like this project came as a surprise, everyone knew it was coming, and when it was coming, except for the people that are directly affected by it and that is unfortunate. Mr. Perez said he has tried on several occasions to try to get some kind of notices that were given out since the November meeting and he has not received anything from the City as far as any documentation that was given to the landlords so that he could use that as a piece of evidence. Commissioner Scholl said that Public Works Director Conner has been pretty proactive with emails since the issues, and he has been copied on a lot of emails that Mr. Conner has been corresponding with a lot of the business owners, maybe not this particular issue but he has been definitely trying very hard to keep in contact with everybody, but the situation is terrible. 14. ADJOURNMENT Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 9:45 p.m. Respectfully sU,bmitted by: Ap roved by the City Commission on Feb. 21, 2008 ~~~ iane A. Hines, CMC, City Clerk 22