Loading...
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 . '