HomeMy WebLinkAbout2008 1016 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, October 16,2008,6:30 p.m.
City of Sunny Isles Beach, Florida
A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES 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 6:42 p.m. [City Clerk's Note:
Commission Workshop was heldfrom 5:00 to 6:35 p.m.) with the following officials present:
Mayor Norman S. Edelcup City Manager A. John Szerlag
Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot
Commissioner Roslyn Brezin City Clerk Jane A. Hines, CMC
Commissioner Gerry Goodman Assistant City Manager/Services Jorge Vera
Commissioner George "Bud" Scholl (Absent) Assistant City Attorney Fernando Amuchastegui
[City Clerk's Note: Commissioner Scholl is out of town.)
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: City Historian Richard C. Schulman led the Pledge of Allegiance to the flag, and
gave the invocation.
Mayor Edelcup gave opening remarks of decorum. He remembered that today marks the 5th
Anniversary ofthe death of our founding Mayor David Samson, and it also marks his 5th year
as Mayor.
3. APPROVAL OF MINUTES
[City Clerk's Note: Items 3A, 3B and 3C were heard together in one motion.)
3A. Special City Commission Meetingll st Budget Hearing FY 2008/09 - Sept. 11, 2008.
Action: Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a voice
vote of 4-0-1 (Commissioner Scholl absent) in favor.
3B. Regular City Commission Meeting - September 18, 2008.
Action: Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a voice
vote of 4-0-1 (Commissioner Scholl absent) in favor.
3C. Special City Commission Meetingl2nd Budget Hearing FY 2008/09 - Sept. 25, 2008.
Action: Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a voice
vote of 4-0-1 (Commissioner Scholl absent) in favor.
Summary Minutes: Regular City Commission Meeting October 16,2008
City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Add-On New Items 10H (Payment of Invoices to Miller Legg) and
12A (Discussion re: County Fire Rescue Services Issue); and to Hear Item lOG (2008
Commission Meeting Schedule) before Item 7 A.
Action: Mayor Edelcup noted the above changes to the agenda.
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
5. SPECIAL PRESENTATIONS
SA. Announcement by Commissioner Roslyn Brezin of the 2008 Florida Cities of Excellence
Awards Finalists Mayor Norman S. Edelcup and the City of Sunny Isles Beach.
Action: Commissioner Brezin announced that Mayor Ede1cup and the City of Sunny Isles
Beach are among the six (6) finalists of the 2008 Florida Cities of Excellence Awards, and
she read the emails from the Florida League of Cities into the record. The awards luncheon
will be held on November 21, 2008 in Orlando, Florida where the winners will be
announced.
5B. A Proclamation to be Presented to Police Chief Fred Maas Proclaiming October 16,2008 as
"Police Chief Fred Maas Day in the City of Sunny Isles Beach".
Action: Mayor Edelcup presented a Proclamation to Chief Maas, having been named by
Pope Benedict XVI as Knight of the Pontifical Order ofSt. Sylvester. It was noted that this
is the first time this award from the Vatican has been presented in the United States.
5C. Proclamation in recognition of "Customer Service Excellence Day", and the Partnership and
Commitment of the Greater Miami Convention and Visitors Bureau, and Miami Dade
College.
Action: Mayor Edelcup read into the record a Proclamation recognizing "Customer Service
Excellence Day". He noted that the original Proclamation was forwarded to the Greater
Miami Convention and Visitors Bureau for their meeting tonight.
[City Clerk's Note: Item lOG was heard after this item.]
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, Amending
Sections 14-8 and 14-10 of the City Code Relating to the Imposition and Collection of
Civil Penalties in Code Enforcement Cases; Providing for Repealer; Providing for
Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Community Development Director Robert Solera
2
Summary Minutes: Regular City Commission Meeting October 16,2008
City of Sunny Isles Beach, Florida
reported noting that this ordinances clarifies that civil penalties assessed by the Special Master
shall become delinquent if not paid within ten (10) days after notice to the violator of the
Special Master's decision itemizing the civil penalties. It also affirms the City's intent to
recover its administrative costs in the amount of $75 and limits any mitigation of civil
penalties assessed to no less than 50% of the total amount of civil penalty. This does not
affect the City Manager's Office to enter into negotiations for payment of outstanding fines
due to imposition oflien on properties that have accumulated subsequent to final decision of
the Special Master.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0-
1 (Commissioner Scholl absent) in favor. Second reading, public hearing will be held on
Tuesday, November 18, 2008, at 6:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Scholl absent
Vice Mayor Thaler yes
Mayor Ede1cup yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 62-8 of the City Code to Provide Additional Grounds for the Selection of the
Lowest Responsible and Responsive Bidder; Providing for Repealer; Providing for
Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this
amendment provides the City Manager with additional factors based on recent experience.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0-
1 (Commissioner Scholl absent) in favor. Second reading, public hearing will be held on
Tuesday, November 18, 2008, at 6:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Scholl absent
Vice Mayor Thaler yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
3
Summary Minutes: Regular City Commission Meeting October 16,2008
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
Section 265-45 of the City Code Relating to Fences and Walls to Prohibit Fences and
Walls Within Any Required Front Setback Area Within Nonresidential Properties;
Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code;
Providing for an Effective Date.
(First Reading 9/18/08)
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 approve the
ordinance on second reading. Ordinance No. 2008-312 was adopted by a roll call vote
of 4-0-1 (Commissioner Scholl absent) in favor.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Scholl absent
Vice Mayor Thaler yes
Mayor Edelcup yes
10. RESOLUTIONS
lOA. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984 to
Expend $9,556.08 from the Federal Forfeiture (DOJ) Funds for the Purchase of a Data
Backup System in the Police Department; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Chief Maas reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2008-1333 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
a Charitable Contribution to the Jewish Community Services, in the Amount of
$5,000.00, to Help Fund Various Vital Social Services Programs; 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. 2008-1334 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
4
Summary Minutes: Regular City Commission Meeting October 16,2008
City of Sunny Isles Beach, Florida
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Amendment to Agreement with Calvin Giordano & Associates, Inc. for
Professional Landscaping Architectural Services for the 172 Street Drainage Project, in
an Amount Not to Exceed $15,760.50, 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 a
memorandum from Assistant City Manager Jorge Vera on this matter was distributed which
included photographs.
Public Speakers: none
The Commission asked where the monies were coming from for the landscaping, and
Assistant City Manager Vera said from the undergrounding phases, FPL was below what was
budgeted for Atlantic Isle, 172nd Street, and Golden Shores. City Manager Szerlag asked that
this be in writing before we go out to bid. The Commission agreed that the Administration
continue this look but if the costs get prohibitive then they reserve the right to come back and
revisit it.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1335 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
10D. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving
an Agreement with Howard R. Miller Communications for Public Relations Services, in
an Amount Not to Exceed $66,000.00, Attached Hereto as Exhibit "A"; Authorizing the
Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things
Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Administrative Services Director Alyce Hanson
reported.
Public Speakers: Howard R. Miller
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1336 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Publishing Agreement with Stern/Bloom Media to Produce Two (2) Editions of the
Sunny Isles Beach City Guide, in an Amount Not to Exceed $25,000.00, Attached Hereto
as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City
Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing
for an Effective Date.
Action: City Clerk Hines read the title, and Administrative Services Director Alyce Hanson
reported that two editions of the City Guide would be published per year, and noted that the
second edition will have updated information.
5
Summary Minutes: Regular City Commission Meeting October 16,2008
City of Sunny Isles Beach, Florida
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1337 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
10F. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving
an Interlocal Agreement Between the City of Sunny Isles Beach and the City of North
Miami Beach, for the Installation of a Water Main and Related Improvements in
Atlantic Isles, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute
Said Agreement, and to Do All Things Necessary to Effectuate the Terms ofthis Agreement;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Vera reported.
Public Speakers: none
Mayor Edelcup asked if we have the right of offset in case the City of North Miami Beach
does not make payment, can we offset the water bills that come to the City. City Attorney
Ottinot noted that the Interlocal Agreement spells out remedies that we have but in terms of
offset for water, that is not in the agreement but we expect the City of North Miami Beach to
comply. Vice Mayor Thaler asked about a timeline, and Assistant City Manager Vera said
about two months.
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1338 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
lOG. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending
Resolution No. 2008-1286, Revising the Schedule for City Commission Meetings for
Calendar Year 2008 by Moving the Regular City Commission Meeting Scheduled on
Thursday, November 20, 2008 to Tuesday, November 18, 2008; Providing for an
Effective Date.
Action: [City Clerk's Note: Heard before Item 7 A, see Action under Items 4A and 5A.] City
Clerk Hines read the title. Mayor Edelcup reported that the meeting is being changed because
the Commission will be in Orlando, Florida for the Florida League of Cities awards luncheon.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1339 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
[City Clerk's Note: Item 7 A was heard after this item.]
6
Summary Minutes: Regular City Commission Meeting October 16,2008
City of Sunny Isles Beach, Florida
10H. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Payment of Outstanding Invoices to Miller Legg and Associates, for Professional
Services Rendered regarding the 181 st Drive Active Park Project (Pelican Community
Park), in an Amount Not to Exceed $30,500.00; Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Added new item, see Action under Item 4A.] City Clerk Hines
read the title, and City Manager Szerlag reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1340 was adopted by a voice vote of 4-0-1
(Commissioner Scholl absent) in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Add-On:
Discussion to Support the Miami-Dade League of Cities' Position on the Ballot Issue of
Creating Uniform Countywide Fire and Rescue Service, and to Appropriate $1,000 to
Assist in that Informational Campaign.
Action: [City Clerk's Note: Added new item, see Action under Item 4A.] Mayor Edelcup
reported and after discussion, it was the consensus of the Commission to support the
League's position on this issue to vote no. Only three other cities offered to allocate $1,000
towards assisting an informational campaign, therefore that campaign will not go forward.
If this amendment is approved, the cities will no longer be able to make a determination if
they want to go with County services or not.
Public Speakers: Isaac Aelion
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 7:30 p.m.
Respectfully submitted by: . Approved by the City Commission on Nov. l~, 2008
~&~
Jane A. H~nes, CMC, City Clerk
. '