HomeMy WebLinkAbout2008 1218 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, December 18, 2008, 6:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER / ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials
present:
Mayor Norman S. Edelcup
Vice Mayor Lewis J. Thaler
Comm. Roslyn Brezin (Absent-Out of Town)
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: Former Commissioner Lila Kauffman led the Pledge of Allegiance to the flag, and
Police Chief Fred Maas gave the invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - November 18, 2008.
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 4-0-1 (Commissioner Brezin absent) in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items 10F (Letter Agreement with Mansiana) and 10K (Easement from
Ocean Reserve to Expand Heritage Park) before Item 7A; Defer Item lOP, Medjool Date
Palm Trees.
Action: Mayor Edelcup noted the above changes to the agenda.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
above change to the agenda. The motion was approved by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
5. SPECIAL PRESENT A TIONS
5A. Presentation by Administrative Services Director Alyce Hanson to Winners of the Sunny
Isles Beach Photo Contest for the City's 2009 Calendar.
Action: Administrative Services Director Alyce Hanson gave a power point presentation
noting that this is the 4th year for the Photo Contest, and over 300 entries were submitted.
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Summary Minutes: Regular City Commission Meeting December 18, 2008
City of Sunny Isles Beach, Florida
She presented plaques to the following winners: Harry Frahm, Mike Tribby, Nicole Pargman
(not here), Robert Dumitrescu (Adria represented him as he lives in Paris, France), Sam
Matter, Valentino Leidi, and William A. Wallace. Ms. Hanson noted that the 2009
Calendars will be available tomorrow, December 19,2008, at no cost, with limited supplies.
SB. Presentations by Police Chief Fred Maas of the William Parrillo Award and the Joe Borrell
A ward.
Action: Chief Fred Maas gave background information on the awards, and he along with
Mayor Edelcup and Frank Borrell (son) presented the Joe Borrell Award to Police Sergeant
Bobby Randazzo. Chief Maas, City Manager Szerlag, and members of the Parrillo family
presented the William Parrillo Award to K-9 Officer Rob Ostrov and his partner Diesel.
Sc. Announcement/Presentation by Police Chief Fred Maas of Police Promotions.
Action: [City Clerk's Note: See related item 12A.} Chief Fred Maas announced promotions
and presented badges to the following: Sergeant Kenneth Hackett; Corporal Blake Royal,
Corporal Brian Schnell, and Corporal Melissa Montesino.
SD. Presentation of the Official IDs to the Following Volunteers of the Feral Cats Program
Supervised through the Community Development Department: Mirna Trujillo, Marta
Rosario, Ingrid Lehner, Bozena Andre, David Mann, Desiree Deatherige, Teddy Campelli,
and John Balough.
Action: Community Development Director Robert Solera, Code Enforcement and Licensing
Assistant Director Helena Forbes, and Mayor Edelcup presented official IDs to the above-
mentioned volunteers (John Balough absent).
Public Speakers: Suely Caramelo of the Cat Network Non-Profit Organization
[City Clerk's Note: Items 10F and 10K were heard after this item, see action under Item
4A.}
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to
the Sea Turtles Protection, Turtle Nesting Protection Regulations; Providing for Purpose
and Intent; Providing for Definitions; Providing for Prohibited Activities; Providing for
Lighting Standards on Existing and New Developments in the Public Beach Area in the
MUR District; Providing for Penalties for Violation; Providing for Severability; Providing
for Repealer; Providing for Codification; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag reported noting that this
Ordinance will regulate the intensity of lighting so as to protect marine turtle hatchlings.
Public Speakers: John Higgins; Katharina Schultz
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve
the proposed ordinance on first reading, as amended. The motion was approved by a
roll call vote of 4-0-1 [Commissioner Brezin absent] in favor. Second reading, public
hearing will be held on Thursday, January 15,2009, at 6:30 p.m.
Vote: Commissioner Brezin absent
Commissioner Goodman yes
Commissioner Scholl ~
Vice Mayor Thaler yes
Mayor Edelcup yes
7B. Public Hearing
An Ordinance of the Ciry Commission of the City of Sunny Isles Beach, Florida, Amending
the City of Sunny Isles Beach Comprehensive Plan to Provide for the State Mandated
Requirements for a Ten-Year Water Supply Facilities Work Plan; By Amending the
Infrastructure Element; By Creating Water Supply Facilities Work Plan Sub-Element;
Providing that a Transmittal and Adoption Public Hearing will be Held; Providing for
Adoption; Providing for Severability; Providing for an Effective Date.
Action: City Clerk Hines read the title and Community Development Director Robert Solera
reported. Mayor Edelcup noted that all our water supply comes from the City of North
Miami Beach and so we must be consistent with their Comprehensive Plan. Alex David of
the Bell David Planning Group explained the mandated Work Plan, and noted that elements
of the Comp Plan needs to be amended to be consistent with the North Miami Beach Plan,
the Miami-Dade County Water Supply Plan, and the South Florida Water Supply Plan. Mr.
David noted that this Ordinance if approved on first reading will then be transmitted to the
Department of Community Affairs as well as to other reviewing agencies for their approval,
and it may take several months before we go to s'econd reading.
Public Speakers: none
Commissioner Scholl 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 4-0-1 [Commissioner Brezin absent] in favor.
Vote: Commissioner Brezin absent
Commissioner Goodman yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
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Summary Minutes: Regular City Commission Meeting December 18, 2008
City of Sunny Isles Beach, Florida
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 26 of the City Code to Accept those Charter Provisions Set Forth in Said
Chapter and Only those Approved by a Majority of the Voters on November 4,2008
According to Official Results to Amend the City Charter by Amending Section 2.3 (b)
"Residential Areas" to Permit the Redrawing of Residential Voting Areas Boundaries by
Ordinance Based on Population Growth; Amending Section 2.3(b) to Convert the At-Large
Seat on the City Commission to a Residential Voting Area Seat; Amending Section 5 .1 (c) to
Change the Dates of General and Run-Off Elections of the City and for the Related
Extension of the Term of Office and the Allowed Length of Service; Amending the
Qualifying Period no Earlier than 9:00 a.m. on the 63rd Day and no Later than 4:00 p.m. on
the 60th Day Prior to the Date of the General Election for the Office of Mayor or City
Commissioner; Providing for Permission to Make Technical and Stylistic Amendments;
Providing for Repealer; Providing for Severability; Directing the City Clerk to Amend the
City Charter in Accordance with the Election Results and this Ordinance; Providing for
Inclusion into the City Charter and Code; Providing for an Effective Date.
(First Reading 11118/08)
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
ordinance on second reading. Ordinance No. 2008-315 was adopted by a roll call vote
of 4-0-1 (Commissioner Brezin absent) in favor.
Vote: Commissioner Brezin absent
Commissioner Goodman yes
Commissioner Scholl yes
Vice Mayor Thaler ~
Mayor Edelcup yes
9B. Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
9B.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
Section 265-5 of the Land Development Regulations Relating to Definitions; Amending
Section 265-37 of the Land Development Regulations Relating to Adult Entertainment
Regulations in the Town Center District (TCD) and the Amortization of Nonconforming
Adult Entertainment Uses Located Therein, Attached as Exhibit "A"; Providing for an
Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. LP A Resolution No. 2008-52 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265-5 of the Land Development Regulations Relating to Definitions; Amending
Section 265-37 of the Land Development Regulations Relating to Adult Entertainment
Regulations in the Town Center District (TCD) and the Amortization of Nonconforming
Adult Entertainment Uses Located Therein; Providing for Repealer; Providing for
Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 11118/08)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported, and
recommended an amendment to this ordinance that adult use must be 250 feet from a public
park, and he forwarded the Second Impact Reports to City Clerk Hines. Community
Development Director Robert Solera reported, and presented an aerial map of the City
showing the school buffer of2,500 feet, commercial property, and the Town Center District.
He noted the current location of adult use is located within the Town Center District, but this
area is the gateway to the City and staff does not believe that the entrance to the City is an
appropriate location for adult use in light of the secondary effects. Therefore, staff is
recommending the shopping centers within the Town Center District which have sufficient
parking lots and garages, and are set back far from the front of the property. In the near
future the City will install a landscape buffer in front of the shopping centers that will make it
difficult to see the retail establishments from the street.
City Attorney Ottinot asked the City's Consultant Jack Luft to discuss the City's Green
Space Initiative as certain leaflets were distributed in the community indicating that the green
space initiative created by the City Commission was created by the developer, and Mr. Luft
will clarify that issue. Planner Jack Luft reported on the City's first Comprehensive Master
Plan adopted in 2000, and distributed a handout from that Plan. He noted that Option #6
shows Sunny Isles Boulevard, Collins A venue, and a space running from North Bay Road
back to Collins A venue as the Gateway Park, this was the preferred alternative, and noted
that it was created before any of these properties were redeveloped on the south side and
before any of the current property owners were involved. In March 2007 he prepared a
major Open Space Park Development Plan still valid today, that responded to several issues
that were emerging much sooner than anticipated. They were concerned about population
growth as our Comprehensive Plan states according to State law we must provide 2.75 acres
of park land for every 1,000 residents, and that works out to be just under 100 acres, 98 acres
are taken up by the beach and the State allowed us to count the beach front in our open space.
The concern was the beach has a limitation on types of uses, and one of the objectives of the
Plan was to provide a much broader array of public uses. We have a good array of parks
north of 172nd Street, very few south of that. We also wanted to have a public gathering
space, which needs to be compatible with the adjacent area, and to add parking resources.
Public Speakers: John Rusnak; Daniel Aaronson, Esq.; Danny Iglesias; James Benjamin,
Esq.; Norman C. Powell, Esq.; Ricardo Morales
Norman C. Powell, Esq. representing Thee Doll House, asked for a deferral, and submitted
eleven (11) various documents relative to this item to City Clerk Hines.
Commissioner Scholl noted that we have one landowner that owns over 80% of the retail in
the City, and when we draw those concentric circles around schools and parks we come up
with a very narrow band, and in the other smaller strip centers there is inadequate parking.
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
ordinance on second reading, as amended that adult use must be 250 feet from a public
park. Ordinance No. 2008-316 was adopted by a roll call vote of 4-0-1 (Commissioner
Brezin absent) in favor.
Vote: Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Vice Mayor Thaler
Mayor Edelcup
absent
yes
yes
yes
yes
[City Clerk's Note: The Commission took a 10-minute recess.}
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Terminating the "Mayor's Advisory Council" (MAC), Comprised of the Community
Awareness Committee, the Long Range Planning and Intergovernmental Relations
Committee, and the Tourism and Development Committee; 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. 2008-1353 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
lOB. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Creating a
Joint Committee Entitled "City Advisory Committee"; Providing for the Appointment
of Committee Members to Include a Chairperson and Vice Chairperson; Providing for
the Selection of Committee Members; Providing for Annual Reporting Requirements;
Providing for Rules of Procedures; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported. He announced the
appointed members as: Chairperson Harvey Busch, Vice Chairperson Tony LoCastro, and
members Natasha Reinhard, Alon Steiger, Bob Welsh, Isaac Feldman, Gloria Taft, Isaac
Aelion, Loretta Mufson, Steve Trattner, and Claire Lipson.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1354 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
10C. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Accepting
the Final Replat for Oceanic Development, LLC, Relating to the Following Addresses:
18915,18925,18955,18965,18985,19001,19025, 19035 Atlantic Boulevard; 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 Community Development Director Robert
Solera reported.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1355 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
10D. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Allbrite Electric Service for the Purchase and Installation of an
ElectricFlow Brand Power Frequency Modulator for the Government Center, in an
Amount Not to Exceed $36,697.00, Attached Hereto as Exhibit "A"; Designating Allbrite
Electric Service as a Sole Source Vendor of the Desired Equipment; Authorizing the Mayor
to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1356 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 08-10-01 to and Entering into an Agreement with Tenex Enterprises, Inc. for
the SR AlAI Collins Avenue Streetscape Improvements Project, in an Amount Not to
Exceed $968,319.27, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and
Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; Authorizing the
Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things
Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag reported that this contract
contains a bonus for early completion as well as liquidated damages. Public Works Director
Rick Conner reported.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1357 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying a
Letter Agreement Between the City of Sunny Isles Beach and Mansiana Ocean
Residences, LLC, (Commonly Known as the Solis Development Project) to Extend the
Time for Payment of Transfer Development Rights ("TDRs") by Mansiana in
Accordance with the Attached 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: Heard before Item 7A, see action under Item 4A.} City Clerk
Hines read the title, and City Manager Szerlag reported noting that Daniel Tantleff, Portfolio
Director of Solis Resort, advised he will need the 20-day grace period on the first payment
(December) which will be paid by January 5, 2009. Thereafter payments will be due on the
15th of the month, being paid in full by September 2009. The total amount is $1,854,523.80.
Public Speakers: Daniel Tantleff
Daniel Tantleff noted that the construction should be completed by March 2010.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1358 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
lOG. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving
the Purchase of Seven (7) Vehicles and Associated Equipment for the Police
Department, in an Amount Not to Exceed $205,806.88, Attached Hereto as Exhibit "A";
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 Public Works Director Rick Conner reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2008-1359 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement to Retain the Services of the Barthet Firm, a Construction Litigation
Firm, to Represent the City in a Construction Dispute with Siltek Group, Inc.;
Authorizing the City Manager and the City Attorney 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 Attorney Ottinot reported noting that it will
not exceed $20,000.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1360 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
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Summary Minutes: Regular City Commission Meeting December 18, 2008
City of Sunny Isles Beach, Florida
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Settlement Agreement with the Miami-Dade County Property Appraiser's Office for
Payment of Ad Valorem Property Taxes for the Tax Years 2006 and 2007 for the
Property Located at 19200 Collins Avenue; Providing the City Manager and the City
Attorney to Do All Things Necessary to Effectuate this Resolution and the Settlement
Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported, noting that the
amount will not be over $250,000, and that the City has owned the property since 2006.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1361 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
10J. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving a
Non-Binding Letter of Intent Between the City of Sunny Isles Beach and LSB
Investment Corporation in Substantially the Same Form as Exhibit "A" to Lease
Vacant Lot Abutting the Millennium Plaza Shopping Center; Authorizing the City
Manager and City Attorney 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.
Public Speakers: Andrew Tarter, Esq. representing LSB Investment Corp.
Mayor Edelcup asked that they coordinate their landscape buffer with the City's landscaping,
which is included in the Letter of Intent. The City will approve the security lighting.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1362 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
10K. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Negotiate, Secure, and Accept an Easement from Ocean Reserve
Development for the Purpose of Expanding Heritage Park, Provided Said Easement is
Approved as to Form and Legal Sufficiency by the City Attorney; Further Authorizing the
City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: Heard before Item 7A after Item 10F, see action under Item
4A.} City Clerk Hines read the title, and City Manager Szerlag reported that Ocean Reserve
Development will give the City this 1';4 acre easement for $1.00 to expand Heritage Park.
Public Speakers: Joe Cacciatore, CEO of Ocean Reserve Development;
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1363 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Endorsing
and Supporting the South Florida Parks Coalition Charter and the Principles on which
it Stands, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan
Simpson reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1364 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
[City Clerk's Note: The following Items 10M, ION, and 100 were heard together.}
10M. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving
Easement Agreements with Florida Power and Light Company ("FPL") for Rights-of-
Way within 172nd Street and Atlantic Isles Neighborhood; Authorizing the City Manager
to Execute Said Agreements in Substantially the Same Form as the Attached Exhibits "A"
and "B"; 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 Assistant City Manager Jorge Vera reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1365 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
ION. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving
Facilities Agreements for Underground Conversions with Florida Power and Light
Company ("FPL") for Certain Overhead Distribution Facilities Located Within 172nd
Street and Atlantic Isles Neighborhood; Authorizing the City Manager to Execute Said
Agreements with FPL in Substantially the Same Form as the Attached Exhibits "A" and "B";
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Jorge V era reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1366 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
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Summary Minutes: Regular City Commission Meeting December 18, 2008
City of Sunny Isles Beach, Florida
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Right-of-Way Agreements for Underground Conversions with Florida Power and Light
Company ("FPL") for Certain Overhead Distribution Facilities Located within 172nd
Street and Atlantic Isles Neighborhood; Authorizing the City Manager to Execute Said
Agreements in Substantially the Same Form as the Attached Exhibits "A" and "B";
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Jorge Vera reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1367 was adopted by a voice vote of 4-0-1
(Commissioner Brezin absent) in favor.
lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 08-11-01 and Entering into an Agreement for Medjool Date Palm Trees,
Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the
Bid Response, Attached Hereto as Exhibit "B"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of the Agreement; Providing for an Effective Date.
Action: [City Clerk's Note: Deferred, see action under Item 4A.}
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Discussion/Presentation regarding the Police Promotional Assessment Process.
Action: [City Clerk's Note: See related item 5C.] Police Chief Fred Maas with the
assistance of Captain Michael Grandinetti and Captain Dwight Snyder gave a power-point
presentation on the Police Promotional Assessment Process. Chief Maas noted that the
promotions presented tonight (Item 5C) are on probation for one year, and that the last
promotions were given in 2002.
Public Speakers: none
12B. New Item: Discussion regarding Paying Attorney Fees.
Action: City Attorney Ottinot said the City worked with the School Board to acquire two
properties to build the school. Prior to that the Commission authorized the negotiation of a
sale agreement with the owner of one of the properties, and in that agreement the City agreed
to pay the owner's attorney fees. He received a bill about 112 years ago totaling over $50,000
and after negotiations, it is down to $24,000. He asked the Commission for authority to settle
that bill and pay it. It was the consensus of the Commission to settle and pay the bill.
Public Speakers: none
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Summary Minutes: Regular City Commission Meeting December 18,2008
City of Sunny Isles Beach, Florida
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Tulia Badillo representing the Board of Directors of Ocean View, asked the City to maintain
the shrubbery and trees surrounding Heritage Park, and noted that Rick Conner had already
taken care of it. Public Works Director Rick Conner said they will maintain it on Gallahad
Dade Boulevard, from Collins Avenue to the back side of the Heritage Park property.
14. ADJOURNMENT
Commissioner Scholl moved and Commissioner Goodman seconded a motion to adjourn the
meeting, and Mayor Edelcup adjourned it at 9: 11 p.m.
Respectfully submitted by:
~~AL
Jane A. Hines, CMC, City Clerk
Approved by the City Commission on Jan. 15,2009
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