HomeMy WebLinkAbout2008 0918 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, September 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
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner George "Bud" Scholl
City Manager A. John Szerlag
City Attorney Hans Ottinot
City Clerk Jane A. Hines, CMC
Assistant City Manager/Services Jorge Vera
Assistant City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Sunny Isles Beach Community School Principal Annette Weissman led the Pledge of
Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation.
Mayor Edelcup welcomed the children from the Sunny Isles Beach Community School, and
gave opening remarks of decorum.
3. APPROV AL OF MINUTES
3A. Regular City Commission Meeting - July 17,2008.
Action: Commissioner Scholl moved and Commissioner Brezin seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a voice
vote of 5-0 in favor.
3B. Special City Commission Meeting - July 31, 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 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items. Add-On Item 1 OY, Jazz Fest; Hear Following Items out of order: 5D
before 3A, 5C after 3B, and then hear 5B, 5A, 10Y, and 10M.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting September 18, 2008
City of Sunny Isles Beach, Florida
5. SPECIAL PRESENT A TIONS
5A. A Certificate of Acknowledgement to be Presented to Sunny Isles Beach Resident Monica
Rumler, the 2008 Winner ofthe Featherweight Division of the Women's National Golden
Gloves Competition.
Action: [City Clerk's Note: See Action under Item 4A to hear after 5B.] Mayor Edelcup
read the Certificate into the record and, on behalf of the Commission, presented Monica
Rumler with the Certificate of Acknowledgement.
[City Clerk's Note: Item 10Ywas heard after 5A]
5B. A Proclamation to be Presented Proclaiming November 1,2008 as "Alzheimer's Association
2008 Miami-Dade Memory Walk Day in the City of Sunny Isles Beach".
Action: [City Clerk's Note: See Action under Item 4A to hear after 5C.] Mayor Edelcup read
the Proclamation into the record and, on behalf of the Commission, presented the
Proclamation to Bill Sussman ofthe Alzheimer's Association.
5C. Recognition of Effective Use of City Resources.
Action: [City Clerk's Note: See Action under Item 4A to hear after 3B.] Assistant Public
Works Director Bill Evans said a few months ago the Public Works Department was asked to
solicit bids to pour three decorative bases to hold commemorative and informational plaques
for our parks, and to get a price for a base for the Pelican that now stands in Pelican
Community Park, which came in at between $22,000 and $26,000. Public Works staff went
over different ideas and figured out a way to accomplish this task at a considerable savings to
the City. Staff poured the bases, finished them decoratively, and mounted the plaques at a
cost of about $1,700, saving the City over $20,000.
In recognition of this service, Mayor Edelcup, City Manager Szerlag and Mr. Evans
presented Certificates of Appreciation and checks to Public Works employees Ronnie White,
Joe Grunzweig, Rob Williamson, Lee Drake, and Cesar Moreno, who went above and
beyond the call of duty.
5D. Presentation by the Sunny Isles Beach Community School Parents, Teachers and Students
Association (PTSA).
Action: [City Clerk's Note: See action under Item 4A to hear before Item 3A.] Marianna
Talalaevsky, on behalf of the Sunny Isles Beach Community School PTSA, presented the
City with a Plaque in appreciation of their hard work in bringing this school to Sunny Isles
Beach, and presented t-shirts and wrist bands to the Commission and City Officials. The
students sang their school song, and the Commission thanked them and commended Bob
Welsh and the Education/Schools Committee for their dedication and commitment to this
project.
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Summary Minutes: Regular City Commission Meeting September 18, 2008
City of Sunny Isles Beach, Florida
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of 488 Sunny Isles, Inc., Owner of the Property Located at 488 Sunny Isles
Boulevard, for the Following: (Hearing #Z2007 -02) (Withdrawn at request of Applicant)
The Applicant is seeking site plan approval for a Mixed-Use waterfront residential consisting of
a 16-unit condominium tower with ground floor retail. The Applicant is also seeking approval
for two variances: 1) Eliminate the penthouse- from-tower setback; and 2) Reduce the minimum
lot width. In addition, the Applicant is requesting transfer of development rights in the amount
of four (4) dwelling units and 13,143 square feet.
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan approval for a Mixed-Use
waterfront residential consisting of a 16-unit condominium tower with ground floor
retail.
2. Pursuant to Section 265-37 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance from the requirements of
"Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to
reduce the penthouse-from-tower setback from 20 feet in the front and sides and 10
feet in the rear to zero (0) feet.
3. Pursuant to Section 265-37(F)(8), the Applicant is requesting a variance from the
requirements to reduce the minimum lot width from 100 feet to 97.5 feet.
4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a transfer of 13,143 square feet and 4
dwelling units of development rights from the Fort Apache Marina LLC a sub-bank of
Tract 'B' Porto Bellagio Bank. An adjustment shall be made for a decrease of13,143
square feet and 12 units from the sub-bank of Fort Apache Marina LLC.
(Deferred from 6/19108)
6A.l A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Request to Withdraw Without Prejudice the Zoning Application Filed by 488 Sunny Isles,
Inc. ("Applicant"); Requiring the Applicant to Pay All Fees Incurred in Reviewing Said
Application; Providing the City Manager with the Authority to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Community Development Director Robert Solera
reported that the Applicant's attorney requested this item be withdrawn as there were issues
that could not be resolved. He stated that staff does not object to withdrawal without
prejudice which would allow the Applicant to file again at any time, with the Applicant
bearing the costs associated with the withdrawal. This application fee was $10,000 which is
forfeited as a result of this withdrawal, and if the Applicant comes back with another
application, they will have to pay another $10,000 application fee.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1306 was adopted by a voice vote of 5-0 in favor.
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City of Sunny Isles Beach, Florida
7. ORDINANCES FOR FIRST READING
7 A. 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.
Action: City Clerk Hines read the title, and Community Development Director Robert Solera
reported.
Public Speakers: none
Mayor Ede1cup explained that there is a 25-foot setback on Collins Avenue and we are not
allowing chain-linked fences in the future. Vice Mayor Thaler asked if this grandfathered
anyone in, and Mr. Solera said no, and explained that we have a non-conforming structure
system, that says if anyone comes in for repairs of an existing fence, which are in violation of
the LDRs but was installed prior to, and are doing more than 50% of that repair, needs to
conform to the new regulations which does not allow chain-linked fences.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be held on Thursday, October 16,2008, at
6:30 p.m.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Vice Mayor Thaler
Mayor Edelcup
yes
m
yes
yes
yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. Public Hearing: Sitting in as the Local Planning Agency and the City Commission, to
Consider an Ordinance Amending the Land Development Regulations (LDRs)
Presentation by Bell David Planning Group regarding Amendments to the Comprehensive
Plan.
9A.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 the City's Adopted Comprehensive Plan by Adding a Public School
Facilities Element and Amending the Capital Coordination Element and the
Intergovernmental Coordination Element, Attached Hereto as Exhibit "A", and the
Required Transmittal to the State Department of Community Affairs Pursuant to Chapter
163.3191 of the Florida Statutes; Providing for an Effective Date.
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Action: City Clerk Hines read the title and Assistant City Manager Vera reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve
the resolution. LPA Resolution No. 2008-51 was adopted by a voice vote of5-0 in favor.
9A.2 An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending
the City's Adopted Comprehensive Plan by Adding a Public School Facilities Element
and Amending the Capital Coordination Element and the Intergovernmental
Coordination Element; Providing for Severability; Providing for Repealer; Providing for
Inclusion in the Code; Providing for an Effective Date.
(First Reading 12/13/07)
Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that
after adoption, it will be transmitted to the State of Florida Department of Community Affairs,
for final review. The City's Consultant, Jerry Bell, of the Bell David Planning Group,
explained that the amendments were minor and that they are redlined in the document.
Public Speakers: none
Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve
the ordinance on second reading. The motion was approved by a roll call vote of 5-0 in
favor. Ordinance No. 2008-310 was adopted by a roll call vote of 5-0 in favor.
V ote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup yes
10.
lOA.
RESOLUTIONS
A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing
Mayor Norman S. Edelcup as the City's Delegate to the Miami-Dade League of Cities and
Commissioner Gerry Goodman as the Alternate to Attend Meetings During Fiscal Year
2008/09; Providing for an Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: none
It was the consensus of the Commission to appoint Mayor Edelcup as Delegate and
Commissioner Goodman as the alternate. Mayor Edelcup reminded the Commission that
they are always invited to attend these meetings.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1307 was adopted by a voice vote of 5-0 in favor.
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lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing a Schedule for City Commission Meetings for Calendar Year 2009;
Providing for an Effective Date.
Action: City Clerk Hines read the title. Mayor Edelcup noted that the April meeting begins at
7:30 p.m. due to a holiday. There is no meeting scheduled at this time in August.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2008-1308 was adopted by a voice vote of 5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with MCCi, for an Automated Agenda System, in the Amount Not to
Exceed $22,120.00, and an Annual Software Support Fee in the Amount of $1,630.00,
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 ofthis
Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: This item was heard with related Item 10D below.) City Clerk
Hines read the title, and Deputy City Clerk Priscilla Walker reported, and introduced Bob
Kinsey ofMCCi and Reda Soodi of Granicus. Mr. Kinsey did a demonstration of how City
staff actually uses the system to assemble the agenda.
Public Speakers: Bob Kinsey; Reda Soodi
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1309 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Granicus for Webcasting, Annotated Minutes, and Related Services,
in an Amount Not to Exceed $19,397.50, and a Monthly Managed Services Fee in the
Amount of$954.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: This item was heard with related Item 1 OC above.) City Clerk
Hines read the title, and Deputy City Clerk Priscilla Walker reported. Reda Soodi of
Granicus demonstrated using the City of Sarasota's system, combining a video with
supporting documentation, accessible on the same page, with hot links to a particular part of
the meeting. Data retention is one year at which time Granicus notifies the municipality to
record it on a DVD with tools provided by them at no extra charge.
Public Speakers: Bob Kinsey; Reda Soodi
Commissioner Scholl asked what the timeline would be to get it up and running and Deputy
City Clerk Walker said February 2009.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1310 was adopted by a voice vote of 5-0 in favor.
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City of Sunny Isles Beach, Florida
10E. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Appointing
Mimi V. Turin, Esq. as Special Master to Fill the Seat Vacated by Jimmy L. Morales, in
Accordance with City Code Section 14-3; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1311 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Urging the
Florida Legislature to Equalize Funding Based on Population to Provide Each Region
of Florida, Including South Florida, its Fair Share of State Funding; Directing the City
Clerk to Transmit Said Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1312 was adopted by a voice vote of 5-0 in favor.
lOG. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the City Manager and/or his Designee to Apply for, Receive and Expend Grants Funds
from the State of Florida Department of Environmental Protection (DEP) in the
Amount of $250,000.00, for the Central Island Stormwater Improvements Project;
Committing the City to Provide Matching Funds; Further Authorizing the City Manager
and/or his Designee to Execute the State Financial Assistance Agreement, Attached Hereto
as Exhibit "A", and 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 Doug Haag reported
noting that this grant has already been awarded to the City, and we are now proceeding with
preparation of the grant. He stated that this brings the total of new grant awards in this fiscal
year to just over $700,000, and he thanked his Grant team for not just securing the grants but
all the work that goes into it after the fact.
Public Speakers: none
Commissioner Goodman asked about the total grants for this project, and Mr. Haag said there
are four grants totaling $4.5 Million.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1313 was adopted by a voice vote of 5-0 in favor.
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10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Apply for and Accept a Florida Recreation Development Assistance
Program (FRDAP) Grant on Behalf of the City, for the Development of Bella Vista Bay
Park Located at 500 Sunny Isles Boulevard, in an Amount of up to $200,000.00;
Authorizing the City Manager to Take Any and All Action Necessary with Respect to the
Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Doug Haag reported that
they will be coming back to the Commission for design specifications, and will go out to bid.
Amenities will include a gazebo, a small concession area, restrooms, and a kayak launch.
Public Speakers: none
Mayor Edelcup asked about a Farmer's Market at this Park, and Cultural and Human
Services Director Susan Simpson said they have not found a group willing to do this because
of the distance and gas prices, but are looking at Broward County farms which are closer.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1314 was adopted by a voice vote of 5-0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Apply for and Accept a Florida Recreation Development Assistance
Program (FRDAP) Grant on Behalf of the City, for the Acquisition of Heritage Park
Located at 19200 Collins Avenue, in an Amount of up to $200,000.00; Authorizing the City
Manager to Take Any and All Action Necessary with Respect to the Obtaining and
Distribution of Grant Monies, as Appropriate; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Doug Haag reported
noting that we have already provided the matching funds from purchasing the property.
Public Speakers: none
Commissioner Goodman asked what amount we have received in grants for this property, and
Mr. Haag said we received two other grants totaling about $250,000. He noted that the FCT
Grant was not awarded as it is very competitive, and scoring is heavily weighed towards rural
areas, low income areas, blighted areas, undeveloped waterfront areas, etc.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1315 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
the Purchase of Protective Flooring from Greatmats.Com, for the Pelican Community
Park Gymnasium, in an Amount Not to Exceed $21,816.04, Attached Hereto as Exhibit
"A"; 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 Cultural and Human Services Director Susan
Simpson reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2008-1316 was adopted by a voice vote of 5-0 in favor.
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10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Trane for Maintenance Service to Perform an Initial Chemical
Cleaning and Coating of the Air Conditioning Units Along with an Annual
Maintenance and Inspection Service at Pelican Community Park, in an Amount Not to
Exceed $10,930.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan
Simpson reported. Public Works Assistant Director Bill Evans said Trane will come in and
do general maintenance, and if something is beyond the general maintenance they will give us
a price to fix it. The big components are under warranty for one year, and Commissioner
Brezin said after the one year, to come back with a contract for complete coverage.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1317 was adopted by a voice vote of 5-0 in favor.
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Amendment to Agreement with B & G Fencing, Corp., to Provide Furnishing
and the Installation of Fencing for Collins Avenue Medians, in an Amount Not to Exceed
$240,000.00, 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 ofthis Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Jorge Vera reported.
Public Speakers: none
Mayor Edelcup asked ifthere is a chance to get a rebate on the original 1 ,200 square feet, and
the Consultant said the reduction included other fees such as barriers for closing lanes,
immobilization of equipment, and personnel was eliminated. City Manager Szerlag said we
will hold a retainer until we are satisfied with the end results including a level fence, and the
Consultant said they would have a walk-through at the end of the job.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1318 was adopted by a voice vote of 5-0 in favor.
10M. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Ratifying a
Non-Binding Letter of Intent Between the City of Sunny Isles Beach and Dezer
Development Company, to Form a publiclPrivate Partnership to Construct a Mixed
Use Project Consisting of a Conference Center, Medical Offices and a Car Museum;
Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: See action under Item 4A to hear after 10Y] City Clerk Hines
read the title, and City Manager Szerlag reported that this is the property next to Government
Center known as the Alamo Site. He said the Letter ofIntent contains six (6) elements: 1) a
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17,000 square foot conference center to accommodate the minimum of 500 people for a sit-
down meal; 2) a 35,000 square foot medical facility to be operated by Mt. Sinai Medical
Center; 3) a 39,000 square foot car museum (Dezer's vehicles); 4) a 10,000 square foot
restaurant; 5) a Skywalk over Collins Avenue to permit public access to Trump International
Hotel as well as a standard public access to get to the beach; and 6) a 100,000 square foot
office space for commercial activities. City Manager Szerlag and City Attorney Ottinot will
begin negotiations again and have something firmed up by the end ofthe year.
Public Speakers: Gil Dezer; Charlene Wilker
Mayor Edelcup noted that both Gil and Michael Dezer are here as well as Charlene Wilker of
Mt. Sinai Medical Center. Vice Mayor Thaler asked ifthere is a timeframe for this project,
and Gil Dezer said it will take about three years if everything stays on schedule.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1319 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item 6A was heard after 10M]
ION. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Ratifying the
"Declaration of a Local Emergency" Imposed by the City Manager on August 18, 2008
and the "Termination of a Local Emergency" Issued on August 20, 2008 Due to Tropical
Storm Fay; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1320 was adopted by a voice vote of 5-0 in favor.
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the
Approval of a Motorcycle Lease Agreement with Bruce Rossmeyer's Fort Lauderdale
Harley-Davidson, for Lease of Four (4) Motorcycles, in an Amount of $1,600.00 per
Month, for a 24-Month Period with an Option to Extend the Term, 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 Captain Michael Grandinetti reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1321 was adopted by a voice vote of 5-0 in favor.
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lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
a First Addendum to Agreement with AT&T Business Systems for Installation and
Support for Phase II ofthe Wireless Island Project to Provide Additional Street Level
Coverage and Extend the Network Work Access for Residents and Visitors, in an
Amount Not to Exceed $159,738.00, Attached Hereto as Exhibit "A"; Authorizing the
Mayor to Execute Said First Addendum to Agreement; Authorizing the City Manager to Do
All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective
Date.
Action: City Clerk Hines read the title, and Information Technology Director Edel Fonseca
reported.
Public Speakers: none
Commissioner Scholl asked about signage for the hot spots, and Mr. Fonseca said they are
working on the signs to give us more visibility.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1322 was adopted by a voice vote of 5-0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Award of RFP No. 08-07-01 to and Entering into an Agreement, in Substantially the
Same Form, with Ashbritt, Inc. for Emergency Debris Clearing and Removal
Operations, 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 Assistant City Manager Vera reported.
Public Speakers: none
Vice Mayor Thaler asked if we are reimbursed by FEMA dollar for dollar, and Mr. Vera said
yes. Mayor Edelcup asked what assurances we have in the contract that would get us a quick
response if there is a wide area of destruction from a storm. Assistant Public Works Director
Bill Evans said FEMA reimburses 100% to us in the first 72 hours. Ashbritt must show up
within 2-hours ofthe storm, our resources are to be located within the City 24-hours prior to
landfall ofthe storm, and so there are tight constraints and specifications contained within the
contract. He said that we have a quick action Performance Bond, they are FEMA certified,
and they are one ofthe top-tiered contractors that performed well in Hurricane Katrina. Vice
Mayor Thaler asked the amount ofthe bond, and City Attorney Ottinot said $100,000. Mayor
Edelcup felt that a $100,000 bond is not sufficient, and Vice Mayor Thaler asked if we could
get a price on what each $100,000 would cost us. Mayor Edelcup said to check with our
insurance agent and get his input on what other cities have done. City Attorney Ottinot said
that Ashbritt has numerous municipalities under contract and we will compare with them.
Mayor Edelcup said maybe we should defer this item, and City Manager Szerlag said because
we are in hurricane season, he would prefer to follow City Attorney Ottinot's
recommendation to approve this agreement and give staff authority to obtain a higher bond of
perhaps $500,000 and to see what the cost would be. Commissioner Scholl recommended to
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go for a higher bond, and also to see how many clients they have taken on and if they have
adequate infrastructure and staffing for a large storm. Mayor Edelcup said to approve the
agreement with the discretion that they at least mesh a comfortable area of cities that have
already done this, have the backup insurance, and report back to the Commission. Mr. Evans
said part of the interview process was to have the financial, equipment, and manpower to
respond to multiple disasters, and their current clients speak only positive things about them.
City Attorney Ottinot said there are two issues: 1) give the City Manager authority to
negotiate a higher bond with Ashbritt; and 2) for staff to provide the Commission the
concentration information whether they can do the job.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution, as amended. Resolution No. 2008-1323 was adopted by a voice vote of 5-0 in
favor.
lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with LIVS Associates for Professional Architectural and Engineering
Services to Design the 183rd Street Shopping Center Streetscape on Collins Avenue, in
an Amount Not to Exceed $49,450.00, 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 ofthe Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag reported. He said that staff
will provide two templates, one with brownish red brick, and the other with grayish blue
brick with street furniture so you can see how they will look against a curb. He said we are
also researching different types of Palm Trees as well as other types of trees and will report
back to the City Commission. The estimated completion date is Fall 2008.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1324 was adopted by a voice vote of 5-0 in favor.
10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Third Addendum to the Agreement with Marlin Engineering, Inc. for the Sunny
Isles Boulevard/SR826 Project, in an Amount Not to Exceed $22,650.00, Attached Hereto
as Exhibit "A"; Authorizing the Mayor to Execute the Third Addendum to the Agreement;
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the
Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1325 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting September 18, 2008
City of Sunny Isles Beach, Florida
lOT. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Imperial Electrical, Inc., for the Purchase and Installation of
Lighting in Town Center Park, in an Amount Not to Exceed $24,917.00, 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 Assistant City Manager Vera reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1326 was adopted by a voice vote of 5-0 in favor.
IOU. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving a
Lease Agreement with the United States Postal Service, Attached Hereto as Exhibit "A",
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 Attorney Ottinot reported.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1327 was adopted by a voice vote of 5-0 in favor.
10V. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 2008-1264 and Approving an Option Agreement with Avila Condominium
Association, Inc. Attached Hereto as Exhibit "A" for the Purchase and Sale of Real
Property of Approximately 20,550 Square Feet Located Along the South Side of NE
175th Terrace, Approximately 200 Feet West of Collins Avenue, to Reflect New Purchase
Price of $2,200,000.00 with an Option Deposit of$25,000.00 for a 90-Day Option, Which
Deposit Shall be Applied to the Purchase Price if the City Proceeds to Purchase the Property;
Authorizing the Mayor to Execute the Option Agreement; Providing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting this will be
used as a parking lot for the Samson Oceanfront Park. Closing will be by the end of October.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1328 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting September 18, 2008
City of Sunny Isles Beach, Florida
lOW. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Renewal of the City's Workers' Compensation Insurance with the Florida
Municipal Insurance Trust (FMIT), for the Period of October 1, 2008 through
September 30, 2009, in the Amount of $136,555.00, as Outlined in Exhibit "A";
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 Doug Haag reported,
noting that we saved over $37,000 by switching carriers. City Manager Szerlag asked what
the difference was in terms of what was budgeted, and he said about $100,000.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2008-1329 was adopted by a voice vote of 5-0 in favor.
lOX. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Budget Amendments to the Fiscal Year 2007/2008 Budget, to Fund Various New and/or
Additional Goods and Services not Included in the Approved Budget to Include an Added
Position of GIS Technician in Information Technology (IT) Department ($23,030), Message
Board for Police Department ($6,444), Automated Agenda, Webcasting, and Annotated
Minutes Systems and Services for City Clerk ($36,466), Digital Conference Recording
Equipment for City Clerk ($12,190), Agreement with Seth Bramson for V oiceover of City
History Film ($1,500), Agreement with Fred Singer to Produce a City History Film ($4,750),
Postage for Citywide Mailing in June 2008 ($3,600), Reinstate Tuition Reimbursement
Program ($25,500), Increased Utilization of Human Resources (HR) Intern ($5,500),
Additional Engineering and Planning Consulting Services from Keith & Schnars ($24,000),
Median Fencing on Collins A venue ($85,400), Life Size Bronze Statue from Auction Gallery
of America ($2,500), Completion of Electrical Work for North Bay Road and 159th Street
Lighting Contract by Horsepower Electric ($20,691.42); Authorizing the City Manager to Do
All Things Necessary to Effectuate the Terms ofthis Resolution; Providing for an Effective
Date.
Action: City Clerk Hines read the title, and Assistant City Manager Haag reported that these
are housekeeping matters.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1330 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting September 18,2008
City of Sunny Isles Beach, Florida
10Y. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement Between Logistics Management Group and the City of Sunny Isles
Beach, to Provide Logistical and Event Management Services for the City's Inaugural
Jazz Festival on October 17 -19,2008, in an Amount Not to Exceed $65,000.00, Attached
Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the
City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement;
Providing for an Effective Date.
Action: [City Clerk's Note: See action under Item 4A to add to the agenda and hear after
Item SA.] City Clerk Hines read the title, and City Manager Szerlag reported, noting there
will be other related costs of about $20,000 for a total amount of about $85,000. However,
with sponsorships and other revenues coming in, we are projecting that our costs would be
$5,000, and we should be getting much of our initial investment of $40,000 back.
Public Speakers: none
Ibis Romero on behalf of the Sunny Isles Beach Resort Association, invited everyone to the
City's first annual Sunny Isles Beach Jazz Festival, and described the events throughout the
Jazz Festival weekend. Mayor Edelcup noted that our sponsoring donating charity in this
event is "Best Buddies of South Florida".
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1331 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item 10Mwas heard after 10Y]
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Discussion regarding a Request from R.K. Associates to Modify the Code to Allow
Limited Dancing in the Town Center District for Certain Restaurants.
Action: City Manager Szerlag indicated that it be best to hear from the perspective of Police
Enforcement as well as Zoning/Code Enforcement because you will be changing the
character ofthe community by having venues that are open past 2:00 a.m. allowing dancing.
Community Development Director Robert Solera, Captain Dwight Snyder, and Captain Mike
Grandinetti reported that negatives far outweigh the positives.
Public Speakers: none
It was the consensus of the Commission to concur with staff and the Police Department's
recommendation to not support this change.
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Summary Minutes: Regular City Commission Meeting September 18, 2008
City of Sunny Isles Beach, Florida
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Mayor Ede1cup adjourned the meeting at 8:37 p.m.
~
Approved by the City Commission on Oct. 16, 2008
~
Respectfully submitted by:
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