HomeMy WebLinkAbout2008 0619 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, June 19, 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: Michelle Morrow led the Pledge of Allegiance to the flag, and City Historian Richard
C. Schulman gave the invocation and asked for a moment of silence in memory of Vice
Mayor Thaler's wife, Madi Thaler, who passed away on June 9, 2008.
Mayor Edelcup gave opening remarks of decorum.
3. APPROV AL OF MINUTES
3A. Regular City Commission Meeting - May 15, 2008.
Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve
the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-
o in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Hear Items llA and lIB after Presentations; Add-On Item 7B,
Proposed Charter Amendment re: Elections; Add-On Item 10M, Agreement with B & G
Fencing, for Median Fencing on Collins Avenue; Add-On Item ION, Renew Insurance
Policies with PGIT; Additional Information: Item 12D, Town Center Park Lighting;
Amendments: Item 10K, Agreement with FDOT; Item 10M, Agreement with B&G
Fencing.
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 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
5. SPECIAL PRESENTATIONS
5A. A Proclamation to be Presented by Mayor Norman S. Edelcup Proclaiming the Week of
August 4 through 8, 2008 as "Florida Water Professionals Week in the City of Sunny
Isles Beach".
Action: Mayor Edelcup read the Proclamation and City Clerk Hines will mail it.
5B. Add-On:
A Proclamation to be Presented by Mayor Norman S. Edelcup Proclaiming Sunday, June 22,
2008 as "Madi Thaler Day in the City of Sunny Isles Beach".
Action: Mayor Edelcup presented Vice Mayor Thaler with a Proclamation in memory of his
wife, Madi Thaler. Vice Mayor Thaler thanked everyone for their support.
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)
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 also requesting the transfer of 13,143 square feet and
four (4) dwelling units of development rights from the City's Transfer of
Development Rights Bank ("Bank"). (An adjustment shall be made for a decrease of
13,143 square feet and seven (7) dwelling units from the City's Transfer Development
Rights Bank).
(Deferred at the request of the Applicant)
Action: Mayor Ede1cup said that the Applicant's attorney requested a deferral.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to defer this
item to the September 18, 2008 Commission meeting, and the motion was approved by a
voice vote of 5-0 in favor.
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7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 256 by Creating a New Article Entitled "The City of Sunny Isles Beach Dangerous
Intersection Safety Act"; Providing for Recorded Image Monitoring and Enforcement of
Red Light Infractions, and for Related Procedures and Provisions; Providing for
Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag and City Attorney Ottinot
reported. City Manager Szerlag said red light cameras will be installed on City right-of-way
as FDOT will not allow camera poles on their right-of-way. His recommendation at the July
17,2008 Commission meeting, will be to piggyback a contract with A TS for red light camera
enforcement which is what A ventura and Bal Harbour have, and employ a collection agency.
Public Speakers: none
Mayor Edelcup said there is no cost to the City for installation, and the City will receive a
certain percentage of revenue collected, and City Manager Szerlag added that there is also no
Capital Outlay cost. Mayor Ede1cup asked if the monitoring is strictly on Collins A venue, and
Public Works Director Rick Conner said the original plan is to monitor the traffic on Collins
Avenue and once we finish testing, move to Sunny Isles Boulevard.
Commissioner Scholl said the risk should be on the vendor, and City Attorney Ottinot said we
have not negotiated with a contractor yet, but that the risk will be on the vendor. Vice Mayor
Thaler said if you get a ticket, there are no points on your license, although there is a fine.
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 of5-0
in favor. Second reading, public hearing will be held on Thursday, July 17,2008, at
6:30 p.m.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Vice Mayor Thaler
Mayor Edelcup
yes
~
~
~
yes
7B. Add-On:
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
the City Charter and City Code of Ordinances 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; Providing for Requisite Ballot Language for Submission to the
Electorate; Calling a Special Election on the Proposed Charter Amendments to the City
Charter to be Held on November 4, 2008; Providing for Notice of Election; Providing for
Ballot Election; Providing for Inclusion in the Charter; Providing for Repeal, Conflicts,
Severability, Codification and an Effective Date
Action: : [City Clerk's Note: Documents distributed prior to the meeting. See action under
Item 4A.] City Clerk Hines read the title, and City Attorney Ottinot reported.
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Public Speakers: Maria Saboya, Miami-Dade Elections Department
Commissioner Goodman 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, July 17,2008, at
6:30 p.m.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Vice Mayor Thaler
Mayor Edelcup
yes
yes
yes
yes
~
8.
PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Sections 256-12, 256-14, 256-17 of the Vehicles and Traffic Code to Establish New
Parking Rates for Residential Parking Areas and to Permit Parking on a 24-Hour
Basis; Providing for Severability; Providing for Inclusion in the Code; Providing for an
Effective Date.
(First Reading 05/15/08)
Action: City Clerk Hines read the title, and Code Enforcement and Licensing Assistant
Director Helena Forbes reported, noting that the monthly parking permit fee was reduced from
$75 to $50 as requested at first reading.
Public Speakers: none
Commissioner Brezin moved and Commissioner Scholl seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2008-305 was adopted by a roll call vote of 5-0
in favor.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Vice Mayor Thaler
Mayor Edelcup
yes
~
yes
yes
yes
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 62-7, 62-8 and 62-15 of the City Code Relating to Contract Award and Protest
Procedures; Providing for Repealer; Providing for Severability; Providing for Inclusion in
the Code; Providing for an Effective Date.
(First Reading 05/15/08)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: none
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Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2008-306 was adopted by a roll call vote of 5-0
in favor.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Vice Mayor Thaler
Mayor Edelcup
yes
yes
yes
~
yes
[City Clerk's Note: Mayor Edelcup asked to hear Item 10F after this item.}
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Kemp Group International Corporation to Provide School Crossing
Guards, in an Amount Not to Exceed $121,000.00, Attached Hereto as Exhibit "A";
Authorizing the Mayor to Execute the 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 Police Chief Fred Maas and Captain Mike
Grandinetti reported. The guards will work two hours before school and two hours after
school, and there is a certain amount of flexibility needed as we may have to move a guard as
a result of the first few days of school.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1285 was adopted by a voice vote of5-0 in favor.
lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 08-05-02 to and Entering into an Agreement with Merkury Development for City
Hall Improvements, in an Amount Not to Exceed $300,000.00, 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 Public Works Director Rick Conner reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1273 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item lIB heard after this item.}
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Rescinding
Resolution No. 2008-1261, Adopted on May 15,2008; Providing the City Manager with the
Authority to Proceed with the Design of an Emergency Vehicle Bridge in Accordance with
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City of Sunny Isles Beach, Florida
the Comprehensive Plan; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Szerlag and City Attorney Ottinot
reported, noting if the Commission adopts this Resolution, the Comprehensive Plan will not
have to be modified, and therefore there will be no need for public hearings in August or
September. Ramone Soria and Edwin Mojena are the Engineers of record on this project.
Public Speakers: Natasha Reinhard; Ramone Soria; Tim Gray; Michael Schnitzer; Herb
Granick; Carlos Gimenez, Esq.; Lisa Gray; Cassey Gabor; Eliza Brad; Mark Po chin
Mayor Edelcup said this deals with the option of an emergency bridge only, which is required
by law under our Comprehensive Plan adopted in 2000 and reconfirmed in the City's revised
Plan in 2005. City Attorney Ottinot emphasized that the Comprehensive Plan was not only
approved by this Commission but also by several other agencies including the South Florida
Regional Planning Council and the Department of Community Affairs. City Manager
Szerlag said we also have to get approval from the South Florida Water Management
District, U.S. Army Corp of Engineers, Florida Department of Environmental Protection,
U.S. Coast Guard, Department of Environmental Resource Management, and Miami-Dade
County. The estimated cost for the bridge is $3.5 Million Dollars. The proposed width is
35-feet in order to accommodate pedestrians, bikes, and emergency vehicles, and the City
will not require any additional easements other then the 20-foot easement we already have.
City Manager Szerlag said once this resolution is adopted, we will proceed in designing the
bridge, and provide that design to the Commission for the September 18th meeting. Mayor
Edelcup said to make sure that the design is ready to give out two weeks before the meeting.
Mayor Edelcup said that a feasibility study was done in 2004, and City Attorney Ottinot said
a copy will be given to the Commission.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1274 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Scholl ~
Vice Mayor Thaler ~
Mayor Edelcup yes
[City Clerk's Note: The City Commission took a 10-minute break after this item was heardJ
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of Two (2) Global Electric Motorcars (GEM) Model EL Electric Pick-Up
Trucks for the Public Works Department, in an Amount Not to Exceed $21,000.00;
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. 2008-1275 was adopted by a voice vote of 5-0 in favor.
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10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Streeter's Catering for Catering Services for the City's 11th
Anniversary Celebration on Sunday, June 22, 2008, in the Amount Not to Exceed
$24,875.00, Attached Hereto as Exhibit "A"; 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 Cultural and Human Services Director Susan
Simpson reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1276 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Acceptance of a Donation in an Amount of $2,500.00 from the Sunflower Society to
Sponsor Children to Attend the City Summer Day Camp Program; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: This item was heard after item 9B.] City Clerk Hines read the
title, and Cultural and Human Services Director Susan Simpson reported.
Public Speakers: Marjory York; Michelle Morrow
Marjory York noted that the Sunflower Society is presenting $2,500.00 to the Summer Camp
in memory of former Commissioner Connie Morrow. Michelle Morrow said that the Police
Department agreed to match funds, for a total of $5,000.00. Ms. Morrow and members of
the Sunflower Society presented a check to Mayor Edelcup for the Summer Camp Program.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1277 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Mayor Edelcup heard Item 11A after this item.]
lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Special Construction Agreement with "AT&T" Florida for Phase 1 of the
Undergrounding Project, in an Amount Not to Exceed $29,900.74, 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.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1278 was adopted by a voice vote of5-0 in favor.
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10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Coastal Systems International, Inc. for Consulting Engineering
Services Relative to an Initial Evaluation of Potential Beach Management Initiatives
within the City of Sunny Isles Beach, in the Amount Not to Exceed $58,048.00, Attached
Hereto as Exhibit "A"; 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 City Manager Szerlag reported noting that he and
Susan Simpson meet monthly with Carlos Espinosa, Director ofDERM, to discuss various
matters, one being to piggyback a demonstration grant that the City of Miami Beach has for
artificial reefs known as Reef Balls. In order to participate in that grant we first have to do a
study to determine if those balls could be placed and have functionality along the shoreline.
Public Speakers: Tim Blankenship, Coastal Systems; Isaac Aelion
Mayor Edelcup stated to be careful where we will go based on this particular study, as the
County Commission has made numerous attempts to push this cost onto the coastal cities,
whereas everyone benefits from the beaches. Commissioner Goodman stated his concern as
the City is on the list for beach renourishment in 20 II. Mayor Edelcup said that is why he is
saying we have to be very careful that we don't pick up an obligation that would be too costly
for the City to maintain. Commissioner Goodman noted that Golden Beach does not re-
nourish their beach, and Mayor Edelcup said that is what part of this study is, to see if these
balls work then it would not be contingent upon Golden Beach doing anything, because if it
didn't work with them not doing anything, then we would not go forward.
City Manager Szerlag introduced Tim Blankenship from Coastal Systems who gave an
overview of the project, and answered technical questions. Mr. Blankenship said that there is
now a trend in Florida towards providing structural solutions because of the lack of off-shore
sand resources that are economically viable. Commissioner Goodman and Vice Mayor
Thaler said that the stabilization at the north end of the beach has not worked, and noted that
at Jones Beach in the New York area, they put the stabilization perpendicular (east and west),
and here they did it horizontal (north and south) and it has not worked. Mr. Blankenship said
that those structures are called "groins", which have not been permitted in Florida since the
1950's, and the only groin fields that have been permitted recently are directly south of Port
Everglades. Mayor Edelcup said that we had them here in the 50's, 60's, and 70's which
protected the beaches but there were no major hurricanes during that period. Mr. Blankenship
said as beach nourishment projects have been permitted over the years, environmental
agencies have required the removal of those groin systems.
Isaac Aelion said that Tel Aviv succeeded in solving the problem of beach nourishment by a
perpendicular break of about 60-80 feet at intervals perpendicular about %' s of a mile but in
between them, horizontal 10-12 feet walk placement about 12 a mile off. City Manager
Szerlag said that Gil Dezer had provided Tim Blankenship and him with an aerial of Tel
A viv with those breakwaters.
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2008-1279 was adopted by a voice vote of 5-0 in favor.
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101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Addendum to the Pelican Community Park Restroom and Shower Design
Agreement with Calvin Giordano & Associates, Inc. for Design, Civil Engineering,
Construction, and Architectural Services, in an Amount Not to Exceed $25,347.00,
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 City Manager Szerlag withdrew this item for at
least a month.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the
Approval of an Agreement with Miami-Dade Water and Sewer Department for Sanitary
Sewage Facilities in the Atlantic Isles Special Assessment District, in the Total Amount
Not to Exceed $145,967.25, Attached Hereto as Exhibit "A"; Authorizing the City Manager
to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup passed the gavel to Vice Mayor
Thaler, and he and Commissioner Scholl abstained as they are residents on Atlantic Isle.
Assistant City Manager/Services Jorge Vera reported noting that the project is currently in
the bidding stage. He said these are the connection and impact fees and each homeowner
will pay the fee to the City at the time of permitting, which was brought forward at the
workshops and the homeowners are aware of these fees of about $5,000 per property.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2008-1280 was adopted by a voice vote of3-0-2 (Mayor
Edelcup and Commissioner Scholl abstained) in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Authorizing the City 1\fanager to Execute a Joint Project Agreement, in Substantially
the Same Form, from the Florida Department of Transportation (FDOT), Attached
Hereto as Exhibit "A", for the Continuing Turfand Landscape Maintenance ofSR-AIA
(Collins Avenue) and SR-826 (Sunny Isles Boulevard); 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/Finance Doug Haag
reported noting that FDOT pays the City $7,053.12 a year.
Public Speakers: none
Mayor Edelcup asked if that is the same amount as it has been in previous years or is it
adjusted to the cost of living, and Assistant City Manager Haag said it is about the same.
Mayor Edelcup said to go on record that we should be entitled to the cost ofliving increases
annually since we have to pay our employees or contract people to do the job. City Manager
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Szerlag said he will pass it along verbally as they are developing a partnership with FDOT,
and Mayor Edelcup said he wants it in writing but does not care when the letter goes out.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution, as amended. Resolution No. 2008-1281 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
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. These Include
Adding Shelving for Historical Books ($1,400.00), Making Emergency Road Repairs to
North Bay Road in 2007 ($16,750.00), Landscaping Contract Award from January and
Increased Level of Services by Public Works Staff ($429,730.00), Funding 172nd Street
Drainage Project in Stormwater Fund Instead ofCIP Fund ($339,000.00), Crossing Guards
for New School ($15,000.00), Additional Cost of Replacing all Non-Countdown Pedestrian
Signal Heads with Countdown Signal Heads ($48,165.00), Purchasing Collection Canisters
for Master Parking Meters ($3,400.00), Government Center Improvements ($100,000.00),
Beach Management Initiatives ($58,000.00); Authorizing the City Manager to Do All Things
Necessary to Effectuate This Resolution; Providing for an Effective Date.
Action: Assistant City Manager/Finance Doug Haag reported. City Manager Szerlag noted
that this budget amendment is bifurcated: Part 1 are items that do not increase the budget,
and Part 2 are items that do increase the budget.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1282 was adopted by a voice vote of 5-0 in favor.
10M. Add-On Item:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with B & G Fencing, Corp., to Provide Furnishing and the Installation of
Fencing for Collins Avenue Medians, in an Amount Not to Exceed $90,400.00, Attached
Hereto as Exhibit "A"; Waiving the City's Formal Competitive Bidding Requirements;
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: Documents distributed prior to the meeting. See action under
Item 4A.] City Clerk Hines read the title, and Assistant City Manager/Services Jorge Vera
reported that this will be done in three (3) phases, and that Lukes' will do the landscaping.
Public Speakers: none
Mayor Edelcup commended City Manager Szerlag and staff for persevering with FDOT on
this project. Commissioner Scholl was concerned about alignment of the fences, and
Assistant City Manager Vera stated that the contractor will correct any fences that are not
aligned or need repair, as alignment is important especially in the narrow sections since we
can't have high foliage in that area and the fences will be visible. Commissioner Brezin
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noted that this will stop the jaywalking, and Vice Mayor Thaler said it will also save our
plantings.
Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2008-1283 was adopted by a voice vote of5-0 in favor.
ION. Add-On Item:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Renewal of the City's Property, Casualty, and Auto Insurance with the Preferred
Government Insurance Trust (PGIT), for the Revised Policy Period of July I, 2008 through
September 30,2009, in the Amount of$582,924.00, as Outlined in Exhibit "A"; Authorizing
the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: Documents distributed prior to the meeting. See action under
Item 4A.} City Clerk Hines read the title, and Assistant City Manager/Finance Doug Haag
reported this allows a 21 % savings to the City via a 15-month insurance policy. Bob
Hollander said this is a one-time option that was made available to the City.
Public Speakers: Bob Hollander, Brown & Brown
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2008-1284 was adopted by a voice vote of5-0 in favor.
11. MOTIONS
11A. Call for a Motion to Confirm the Appointment of Hassida (Cassey) Gabor as Vice
Chairperson to the Historic Preservation Board. (Mayor Ede1cup).
Action: [City Clerk's Note: This was heard after Item 10FJ City Clerk Hines read the title.
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to confirm the
appointment. The motion was approved by a voice vote of 5-0 in favor.
[City Clerk's Note: Heard Item lOA after this item.}
liB. Call for a Motion to Confirm the Appointment of Elena Baronoff, Director of Customer
Relations for the Dezer Development Corporation, as the Sunny Isles Beach International
Ambassador. (Mayor Edelcup)
Action: [City Clerk's Note: This was heard after Item 10S.} City Clerk Hines read the title.
Mayor Edelcup said this is a volunteer effort on the part of Elena Baronoff and the Dezer
Organization, and presented Ms. Baronoff with a City of Sunny Isles Beach wristwatch.
Public Speakers: Elena Baronoff
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to confirm the
appointment. The motion was approved by a voice vote of 5-0 in favor.
[City Clerk's Note: Heard Item 10C after this item.}
II
Summary Minutes: Regular City Commission Meeting
June 19, 2008
City of Sunny Isles Beach, Florida
12. DISCUSSION ITEMS
12A. Discussion/Presentation on the GovQA Customer Relations System in Sunny Isles Beach
on www.sibfl.net.
Action: Administrative Services Director Alyce Hanson and Information Technology
Director Edel Fonseca presented a power-point on GovQA, which went live on June 9, 2008.
Citizens can log onto the website's Homepage, and go to "Ask City Hall", where there are
more than 160 questions and answers available, and they can report a request or a problem.
Public Speakers: none
12B. Discussion regarding the Proposed Signal Warrant Analysis SR AIA1ColIins Avenue and
Trump Tower/RK Village Plaza Driveways Prepared by Keith and Schnars, P.A.
Action: City Manager Szerlag noted that Traffic Engineer Eric Penfield conducted his report
concluding that we did not meet warrants, however he will advise us to apply for a variance.
Public Speakers: Traffic Engineer Eric Penfield; Herb Gralick
Mayor Edelcup expressed his displeasure with the report, saying that it is not what the
Commission asked for at the April 15, 2008 meeting. He said we expected our Consultant to
take an advocate role to support what the Commission wanted, that there is a necessity for a
traffic light there which mayor may not meet warrants but meets the common sense criteria
of what we were trying to achieve by closing the northern exit of the 183 rd Street shopping
center owned by Mr. Katz and opening an exit onto Collins A venue where people can make a
left turn to go north. This study has no way of assuming what the traffic flow would be if
that north side exit were closed, and therefore the traffic counts that were done are probably
only a portion of the traffic that would have to go out that way if in fact the north side is
closed, and we need a report addressing that.
Traffic Engineer Eric Penfield did a power-point presentation on the process associated with
performing a signal warrant analysis. He noted that a signal may increase crashes and cause
delays on Collins A venue. He said a traffic signal cannot be installed unless it meets one or
two warrants. The area meets one warrant, a pedestrian warrant, because of construction
workers. However, this would only be temporary, until their construction project is
completed. Once the school opens they can more closely confirm how kids go back and forth
to school in this area. Mayor Edelcup interjected that the City needs to get a variance for the
traffic light as soon as possible because the school opens in August. Commissioner Brezin
added that there is nothing to address the strength and importance of why we need it to save
our kids. Commissioner Goodman said there is a traffic light in front of the Pinnacle for
pedestrians, and asked if that light could be moved to the location in question.
City Manager Szerlag advised that FDOT required a traffic signal warrant analysis before
they would decide to install a traffic light at the location. That was Step 1, and Mr. Penfield
provided that, and Step 2 is to request a variance. The Commission asked Mr. Penfield ifhe
felt he could vigorously advocate the City's position with FDOT. Mr. Penfield replied yes he
could do that. Vice Mayor Thaler asked for the timeframe, and Mr. Penfield said that
considering the permitting, approval, and manufacturing, we are looking at 12 months or
12
Summary Minutes: Regular City Commission Meeting
June 19,2008
City of Sunny Isles Beach, Florida
more before installation and operation. Vice Mayor Thaler asked what we are going to do for
a year on 183rd Street. Mayor Edelcup said we have an alternate plan to put a police vehicle
at the intersection at the end of RK Plaza, and Raanan Katz has volunteered to provide a
parking space for the officer to be able to monitor that intersection.
Mayor Edelcup asked if we used information from the study previously done by
Dezer/Trump. Mr. Penfield said yes, they utilized the viable data. Mayor Edelcup said that
Dezer/Trump said that they thought they had permission for the traffic light, but they didn't
want to spend $300,000 for the median and the light, and therefore they didn't go forward.
Mayor Edelcup asked that someone research the matter. Mayor Edelcup said that we need to
move as quickly as possible to come up with a logical, sensible, reasonable argument as to
why there should be a light there.
City Manager Szerlag asked ifFDOT has a slate of criteria to grant a variance on a signal that
does not meet warrants. Mr. Penfield said that the waiver of a warrant and approval process
is different for a site plan or a variance that you typically encounter from municipalities
because there are no specific ordinances or code regulations that they adhere to. There is
engineering judgment involved in terms of granting approval for a traffic signal at a
particular location but warrants are guidelines to help them make that decision. City
Attorney Ottinot asked if variance approval was a discretionary decision by the government
officials, and Mr. Penfield said yes, with the caveat that there are guidelines they must
follow. He added that there will be some liability issues, if they approve a signal for a
location and it is not warranted or justified and there happens to be a crash at that location.
City Attorney Ottinot said that the City had agreed to hold FDOT harmless for any areas of
concern. Mayor Edelcup said he wants the Commission to see written documentation
showing the reasons and thought process as to why we should be granted a variance before it
becomes a discussion item on the agenda.
City Manager Szerlag said that FDOT looks at the warrants for guidance, the total package
will have a cover letter stating that we would now like to proceed with a variance request,
and here is why the Traffic Engineer thinks that Sunny Isles Beach should be granted a
variance, and then issue bullet points in conjunction with those guidelines. City Attorney
Ottinot said someone like Senator Gwen Margolis may be able to help in this regard. So that
City Manager Szerlag closed saying that we will have the warrants, make this strictly a
mathematical formula issue. The City's cover letter and supporting documentation will
request and indicate a need for the variance. Also we will attach any letters of support from
officials. Letters of support from Sally Heyman, Rudy Crew, and Martin Karp were also
suggested. Mayor Edelcup added the City's agreement to hold FDOT harmless on any
liability. Mr. Penfield said he can provide the report in two weeks. City Manager Szerlag
said this will be a discussion item on the July 17,2008 City Commission meeting agenda
12C. Discussion regarding the Proposed Traffic Management Plan Prepared by Keith and
Schnars, P.A.
Action: Transportation Engineer Jose Rodriguez, of Keith and Schars, reported that this is a
Traffic Management Plan as it affects the neighborhood surrounding the new school, and he
presented a power-point presentation. He noted that there will 950 students the first year,
and that there is no on-site stacking area, they are using 182nd Drive as their pickup and drop-
13
Summary Minutes: Regular City Commission Meeting
June 19,2008
City of Sunny Isles Beach, Florida
off area, they have a garage but it is not sufficient, and the student population is expected to
grow to 1,600 students within two or three years when they start adding the ih and 8th grades
to the school. He said we need major traffic control as 2,700 feet is not sufficient to handle
stacking, but in the alternative they will use the existing streets in the neighborhood, stack
them along North Atlantic and 179th and 180th, and one side of the roadway will be no
parking. Also there are nine (9) points where there will be traffic officers and cross guards to
control the traffic and the children walking back and forth from school. It is achievable but
the neighborhood will have to be reconfigured operationally, southbound Atlantic between
183rd and 182nd is the only way the buses can go in and out. This will require nine (9) traffic
enforcement officers and 14 crossing guards.
Public Speakers: Transportation Engineer Jose Rodriguez; Isaac Aelion
Vice Mayor Thaler asked if we had enough people as we are committed to 14 guards, and
City Manager Szerlag answered that we have five (5) police officers on our best day, and this
report is asking for nine (9) Police Officers on top of the crossing guards. He said we will
get a sense of where the traffic patterns are the first two weeks of school.
12D. Discussion regarding Town Center Park Lighting Improvements.
Action: [City Clerk's Note: A Report from Public Works Director Rick Conner was
distributed prior to the meeting.} City Manager Szerlag reported that the Commission asked
for bollards which will cost about $164,000 and they won't have effective lighting of Town
Center Park, but for about $25,000 we can produce horizontal cut-offluminaries so that the
buildings surrounding the Park will not have light pollution and will have better lighting.
Public Speakers: none
It was the consensus of the Commission for staff to proceed with the horizontal cut-off
luminaries for Town Center Park.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Add-On:
Rabbi Israel Baron of King David located on 175th Street, asked for a directional sign be put
up, which they had but it was taken down. Mayor Edelcup said it is a reasonable request that
we put the sign back that was there before as every House of Worship needs a directional
sign in the City. The Commission came to a consensus that the sign should be replaced and
they instructed staff to replace it.
13B. Add-On:
Isaac Aelion discussed the Calypso Project that is either spearheaded by the State or Broward
County to create a deepwater port for the offloading ofliquefied natural gas (LNG) about 6-8
miles off-shore. Commissioner Clottey.ofthe City of Lauderdale- by- the-Sea, in the June 11,
2008 Commission meeting, spearheaded a resolution opposing the construction of such a
pipe. He said that he was not able to get a response from her on how far south that pipe
would be, and if it would be a point of concern to the City of Sunny Isles Beach.
14
Summary Minutes: Regular City Commission Meeting
June 19,2008
City of Sunny Isles Beach, Florida
14. ADJOURNMENT
Commissioner Goodman made a motion to adjourn the meeting, and Mayor Edelcup
adjourned it at 10:30 p.m.
Respectfully submitted by:
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J.a,ne:A. Hines, C .C, City Clerk
Approved by the City Commission on Jul 17,2008
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCil, COMMI ION, AUTHORI
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This form is for use by any person serving at the county, city, or other local level of government
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,ained); to the special private gain or loss of a relative; or
nmunity redevelopment agencies under Sec. 163.356 or
lcre, one-vote basis are not prohibited from voting in that
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
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APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,_I\.J()R mPrN S". <r b7 LC UP, hereby disclose that on
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inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
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REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
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MA~~DlfESS
CITY
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WHO MUST FILE FORM 88
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conflict of interest under Section 112.3143, Florida Statutes,
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'CTION 112.3143, FLORIDA STATUTES
Iblic office MUST ABSTAIN from voting on a measure which
~al officer also is prohibited from knowingly voting on a mea-
'ment agency) by whom he or she is retained (including the
Jlle is retained); to the special private gain or loss of a relative; or
",;:isioners of community redevelopment agencies under Sec, 163.356 or
.. ,..;[S elected on a one-acre, one-vote basis are not prohibited from voting in that
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, jOint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC/SION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
,
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, GF~)~~IJ &U~ S::.tlOLL
, hereby disclose that on
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(a) A measure came or will come before my agency which (check one)
-U inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
, which
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Date Filed I
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
PAGE 2