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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 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 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. 17 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 2 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 3 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. 4 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. 5 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. 6 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. 7 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. 8 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. 9 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. 10 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 II 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 12