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HomeMy WebLinkAbout2008 0417 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 17, 2008, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Ede1cup 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: Richard C. Schulman, City Historian, led the Pledge of Allegiance to the flag and gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - March 20, 2008. Action: Vice Mayor Thaler moved and Commissioner Brezin 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. Deletion: Item 12C, Design for Heritage Park and Parking Garage; Amendments: Item 7B, Revised Ordinance to Provide for Issuance of Parking Permits to Commercial Vehicles With No More Than Two (2) Axles; and Item 1 OF, Revised Resolution for Cleaning Systems for Janitorial Services Agreement for up to 6 Months; and Add-On: Item 10K, Resolution Terminating Education/Schools Committee. 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. Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Presentation by the Kiwanis Club to Cultural and Human Services Director Susan Simpson and to Christopher Liebe of Trump. (Deferred from March 20, 2008) Action: Ken Krueger, President of the Kiwanis Club, presented a Distinguished Citizen Award plaque to Human Services Director Susan Simpson, and a Distinguished Corporate Citizen Award plaque to Christopher Liebe of Trump, who was absent due to a schedule conflict. Susan Simpson accepted Mr. Liebe's plaque on his behalf and will forward it to him. 5B. A Presentation by Lewis Beilman of the State of Florida Water Management District regarding Water Conservation. (Deferred from March 20, 2008) Action: Not in attendance. 5C. A Presentation by Richard C. Schulman, City Historian/Commission Aide, Commemorating the 1972 Miami Dolphins, the Only National Football League Team to Have a Perfect Season and Win the Super Bowl. Action: Richard C. Schulman, City Historian, presented the City with an encased bottle of Dr. Pepper commemorating the 1972 Miami Dolphins. The bottle was originally presented to Richard Schulman by Curtis Johnson, a Defensive Back for the Miami Dolphins. 5D. A Presentation by Steven Chapman, City ofTamarac Director of Finance, Honoring the City of Sunny Isles Beach with the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 200712008. Action: City Manager Szerlag introduced Steven Chapman, Director of Finance for the City ofTamarac, who presented a Certificate of Recognition for Budget Preparation, on behalf of GFOA, to the City's Finance Department for Fiscal Year 200712008. He said that this is a major accomplishment for the City, and noted that it is very rare for a City to win on its first submission. 6. ZONING None 2 Summary Minutes: Regular City Commission Meeting April 17, 2008 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 the Solid Waste Code; Providing for Renewal ofthe Application and Increase in Franchise Fees; Establishing for Requirement to Display Permit on Franchise Vehicles; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Community Development Director Robert Solera reported. City Manager Szerlag noted that this ordinance has been revised to: increase the fee to $1,500 per franchise company; include an account fee of $50.00, and vehicle registration fee of $25.00 per year; and, include the collection of 20% of the total tonnage picked up by each company to the City. Public Speakers: none Vice Mayor Thaler also asked to include a review every two years, and staff and Commission agreed. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, May 15, 2008, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 7B. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 256-11 of the City Code Providing for the Issuance of Parking Permits to Commercial Vehicles with No More than Two (2) Axles; Relating to Commercial Vehicles; Providing for Exelusion of Taxi Cabs as Commereial Vehieles in the Definition Seetion; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: A revised ordinance was distributed prior to the meeting.} 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 proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, May 15, 2008, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 3 Summary Minutes: Regular City Commission Meeting April 17,2008 City of Sunny Isles Beach, Florida 7C. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Sections 135-1, 135-2 and 135-3 of the Construction Sites Code; Establishing Guidelines for Area Adjacent to Construction Entrances as Approved by the City Engineer; Establishing Daily Job Site Maintenance; Providing for Increase in Penalties; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Community Development Director Robert Solera reported. Public Speakers: none Commissioner Goodman asked who is responsible if construction debris (pouring cement) is blown onto vehicles, and it was determined that a procedure is already in place through the Building Department that the Developer is responsible. City Manager Szerlag will have Administrative Services Director Alyce Hanson place something in the next issue of the Sunny Isles Beach Sun indicating if anyone has any problems with their vehicles to contact the Building Department. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, May 15, 2008, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating a New Chapter of the City Code Entitled "Vacant Property Registry Maintenance Code"; Providing for Purpose and Intent; Providing for Definitions; Providing Registration of Vacant Lots and Buildings; Providing for Vacant Lot and Building Plan; Providing for Standards for Maintenance of Vacant Lots and Buildings; Providing for Inspections; Providing for Exemptions; Providing for a Waiver of Requirements; Providing for Annual Reports; Providing for Penalties and Enforcement; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. . Action: City Clerk Hines read the title, and City Attorney Ottinot reported. He said that the Commission asked to provide some flexibility to vacant property owners who would like to use their site as a staging area for future development that may be adjacent to them, and he will include that before second reading of this ordinance, to provide the Commission with the ability to waive this requirement on a case-by-case basis. Public Speakers: none Vice Mayor Thaler asked then if you maintain it in a park-like setting there is no annual registration fee, and City Attorney Ottinot said the City Manager has a right to waive that fee noting that the registration fee is an administrative fee to ensure compliance with the 4 Summary Minutes: Regular City Commission Meeting April I?, 2008 City of Sunny Isles Beach, Florida ordinance, and the fine is when they do not comply. City Manager Szerlag said per Commissioner Scholl's suggestion, "park-like setting" will be added to the definitions as: an area free of debris; good landscaping; well maintained grass where feasible because in some cases sand or concrete surfaces will prevail; and high-end fencing to see through the site. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, May 15, 2008, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 7E. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 2.3 (b) "Residential Areas" to Permit the Redrawing of Residential V oting Areas Boundaries by Ordinance Based on Population Growth; Amending Section 2.3(b) to Convert the At-Large Seat on the City Commission to a Residential Voting Area Seat; Providing for Requisite Ballot Language for Submission to the Electorate; Providing for Copies of the Charter Amendment to be Available for Public Inspection; Calling a Special Election on the Proposed Charter Amendments to the City Charter to be Held in Conjunction with the General Election on Tuesday, November 4, 2008; Providing for Notice of Election; Providing for Balloting and Election Procedures; Providing for Severability; Providing for Inclusion in the Charter; and Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported, and showed a map of the proposed districts. He noted that this would be effective for the 2009 General Election. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman 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 Ede1cup yes yes yes yes yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 5 Summary Minutes: Regular City Commission Meeting April 17,2008 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) None 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Twelve (12) Handheld P7150 Police Radios and Associated Accessories, in the Amount Not to Exceed $39,800.00, 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 Police Captain Michael Grandinetti reported. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1249 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984 to Expend $75,000.00 from the Federal Forfeiture (DOJ) Funds for the Purpose of Funding Computer Equipment and Associated Software for Phase Two of the Disaster Recovery Plan; Providing for an Effective Date. Action: [City Clerk's Note: Related Items lOB and 10C were heard together.] City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1250 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Purchase of Three (3) 2950 Power Edge Servers, Two (2) NX1950 Data Servers, One (1) Power Vault MD3000 and VMWare ESX Enterprise Software from Dell for Phase Two of the Disaster Recovery Plan, in a Total Amount Not to Exceed $75,000.00, as Outlined in the Quote Attached Hereto as Exhibit "A"; 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: Related Items lOB and 1 OC were heard together.] City Clerk Hines read the title, and Information Technology Director Edel Fonseca reported. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1251 was adopted by a voice vote of5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting April I?, 2008 City of Sunny Isles Beach, Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with New World Systems, Inc., for the Purchase of Software Support and Maintenance for a Three-Year Period, in an Amount Not to Exceed $49,190.00 and in Substantially the Same Form as the Agreement 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 Information Technology Director Edel Fonseca reported noting that this is being paid over a three-year period. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1252 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving a Second Addendum to Agreement with Graph-Plex Signage, for the Purchase and Installation of Signage for Pelican Community Park, in an Amount Not to Exceed $10,800.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Second Addendum to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Second Amendment to Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Jorge Vera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1253 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 an Agreement with Cleaning Systems, Inc. for Janitorial Services for City Facilities, on a Month-to-Month Basis, in the Amount of $10,280.00 per Month, Attached Hereto as Exhibit "A" and Waiving the Competitive Bidding Requirements for Same; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: A revised Cover Memo and Resolution was distributed prior to the meeting.} City Clerk Hines read the title, and Public Works Director Rick Conner reported noting that the Resolution was revised to include a six-month timeframe, on a month-to-month basis. He stated that they are developing new janitorial specifications to go out to bid. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1254 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Agreement with All Florida Pool and Spa for Maintenance and Cleaning Services for the Government Center Fountain, Attached Hereto as Exhibit" A" and Approving the 1 st Addendum to the Agreement for the Construction of a Permanent Liner for the Fountain, in the Amount of$II,750.00, Attached Hereto as Exhibit "B", Authorizing the Mayor to Execute Said Addendum; 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 Public Works Director Rick Conner reported noting that the liner should last about ten (10) years with proper maintenance. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1255 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Charitable Contribution to the Ruth K. Broad Bay Harbor Elementary School Parents and Teachers Association (PT A), in the Amount of $500.00, for "Teacher Appreciation Week" Events; 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 Ede1cup reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1256 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, Approving an Agreement with O'Leary Richards Design Associates, Inc., to Develop Landscaping Plans for Improvements to William Lehman Causeway South on Collins Avenue, and the Sunny Isles Boulevard Intersection with Collins Avenue, Under a Miami-Dade County Landscaping Committee Grant, in an Amount Not to Exceed $125,000.00, 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 Resolution; Providing For An Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag and Public Works Director Rick Conner reported noting that we are on a tight timeframe to complete this project to ensure funding comes through. Public Speakers: none Vice Mayor Thaler said in the future that we go out for bids on numbers this big. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1257 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida 10J. 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 Repairing Computers Damaged by Power Outage ($6,099.00), Hiring a Consultant (Siver) to Review the Recommendation for Employee Health/Dental Insurances ($3,800.00), Maintaining Heritage Park Parking Area ($30,000.00), Maintaining Property Acquired at 287 Sunny Isles Boulevard ($20,000.00), Parking for Commercial Vehicles Under Lehman Causeway ($2,000.00), Replace all Non-Countdown Pedestrian Signal Heads with Countdown Signal Heads ($81,000.00), Replacing Small Bus Shelter Benches with Regular Benches that have a Backrest ($16,000.00), Replacing Cloth Covers at Town Center Park with Permanent Structures ($130,000.00), Continuing Sir Winston Cruises as Part of Cultural Events ($33,500.00), Relocating Showers at Pier Park ($3,500.00), Adding Showers and Restroom Facilities at Pelican Community Park Gymnasium ($488,000.00), Recruiting Costs for Assistant Public Works Director ($11,500.00), and Purchasing a Coin Counting Machine for Finance Department ($3,000.00); 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 City Manager Szerlag and Assistant City Manager/Finance Doug Haag reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1258 was adopted by a voice vote of 5-0 in favor. 10K. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Terminating the Education/Schools Committee of the Mayor's Advisory Council (M.A.C.); 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 Mayor Ede1cup reported, and presented Certificates of Appreciation and gift bags for the members. Bob Welsh, Chairperson, accepted the Certificates and gift bags and he will forward them to the members. Public Speakers: Bob Welsh Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1259 was adopted by a voice vote of 5-0 in favor. 10L. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager, on Behalf of the City, to Apply for, Receive, and Expend Funds from a Florida Communities Trust Grant through its Florida Forever Program, for Reimbursement of Property Acquired at 19200 Collins A venue, for Open Space and Park Purposes, in an Amount of up to $6,600,000.00; 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. 9 Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida Action: City Manager Szerlag said he would like to add a resolution to apply for a FCT Grant for the parking structure in Heritage Park. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1260 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion on the Necessity for a Vehicular Bridge that Spans the Canal at North Bay Road. Action: [City Clerk's Note: A handout by Marlin Engineering Inc., Table 1. Permits and Potential Timelines - Permanent Vehicular Bridge with Pedestrian Access, and renderings of the bridge were distributed.) City Manager Szerlag, Ramon Soria and Edwin Mojena of Marlin Engineering reported, noting that the 8-foot wide sidewalk must remain on the west side of the bridge Public Speakers: Ramon Soria; Edwin Mojena; Bob Welsh; Gloria Taft; Michael Schnitzer City Manager Szerlag reported that the permitting process takes fifteen (15) months, but he will take this on the road to try to expedite the permitting process. Mayor Edelcup noted that this item will be on the May 15, 2008 agenda, and City Manager Szerlag said yes that the governing body needs to change its focus to now include a two-lane vehicular bridge. The City Commission instructed staff to proceed with the design. 12B. Discussion/Presentation on the Sunny Isles Beach/Newport Pier. Action: [City Clerk's Note: A handout by Marlin Engineering Inc., Table 1. Permits and Potential Timelines - Sunny Isles Beach Newport Fishing Pier, and renderings of the Pier were distributed.) City Manager Szerlag reported, noting that he and Edwin Mojena gave a presentation on the Pier at the April 15, 2008 Historic Preservation Board meeting, and it was unanimous that the City Commission proceed with this concept. He noted that this will be our first successful public private partnership with Dr. Cornfeld. The Pier will have a 5,000 square foot restaurant on the east end, with a catwalk around the restaurant, and an area for an observation for Ocean Rescue and the Police Department, and in the restaurant will be an undetermined amount of square footage for Ocean Rescue offices. City Manager Szerlag said in about three (3) months we will be developing an RFP for upscale restaurants to take a look at the 5,000 square foot restaurant area, which will essentially be a shell, so ifthere is a chain restaurant, they can put in their standard ambiance, and in addition, Dr. Cornfeld has indicated that we can utilize valet parking at the Newport Hotel and parking across the street on his site, with the City sharing in that revenue. Mayor Ede1cup said we should contact the A ventura Marketing Council, Sunny Isles Beach Resort 10 Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida Association, or the Greater Miami Convention and Visitors Bureau, to help lead us to potentially upscale restaurants that would be interested in relocating here. City Manager Szerlag said he is developing a short list, and if anyone on the Commission knows of a restaurant to add to the list, to let him know. Commissioner Scholl said we should hire a broker who specializes in leasing restaurants and have that person go out and solicit restaurants. He said it will be difficult to get an upscale restaurant in that location without signage on Collins Avenue, and Mayor Edelcup said that since Newport Hotel is a partner, he would think that they would help provide the signage. 12C. ,^.. Discussion/Presentation of a Design far Heritage Park and the Parking Carage. [City Clerk's Note: Item removedfrom the agenda, see action under Item 4A.] 12D. Add-On: Discussion regarding Hand-outs for Commission Meetings. Action: Mayor Ede1cup said for each of the meetings there has been a hand-out given to the Commission answering questions that developed during the week when the City Manager and the City Attorney reviewed the agenda with the Commission. He said it is a hardship for the Commission to get this document just before the start of a meeting, and clarified the procedure. He said that they get the agenda on Friday morning and then all questions that need to be asked by the Commission be asked by Tuesday so that staff will have Wednesday and Thursday to respond, and if any Commissioner comes up with a question after Tuesday, he/she will have to save it until the Commission meeting, and the Commission agreed. 12E. Add-On: Discussion regarding a Bonus System. Action: City Manager Szerlag said when he asks his Department Heads to get a project out there is always an issue on whether he offers bonuses or not on certain construction projects. He said in addition to liquidated damages, which is essentially a penalty for going beyond a certain timeframe for completion that is advanced at the beginning of a project, he also wants to add bonuses for an early completion. He said the reason for bonuses are: 1) it enables the project to be done faster than anticipated and because we all are doing municipal work we are essentially in the right-of-way which is inconveniencing pedestrians and the motoring public, or we are on our property and it is a facility that will benefit our residents once the facility opens up; and 2) when there is a contractor that looks at a contract and realizes that there is a bonus for early completion, that contractor will generally take his best crew and put them on that project because it is money in his pocket over and above his bid price to get done early, and that is a benefit of itself because when you have a good superintendent and a good construction manager, you will tend to have less change orders which saves the City money. He said the bonus system would vary by project, and in going back to the Central Island Drainage and Street Improvements Project, he advised staff that he wanted to see in the contract a dollar amount per day, normally about $2,000 per day for early completion, and set a timeframe for completion at the beginning, every contract has floats for inclement weather or other field conditions. The contractor knows up front if he beats a certain timeframe without that float then there is a bonus. He goes out to bid next week, and would like to include bonuses on our projects. 11 Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida Mayor Ede1cup said if it is in the best interest of the City due to a serious need to get something completed or the inconvenience that is being caused during the construction of it, he does not object to the concept of having a bonus for completing ahead of schedule, as long as the initial bid contract was created in a fair manner and the Commission is still looking at it independently. City Manager Szerlag said Assistant City Manager Jorge Vera, and Public Works Director Rick Conner have construction experience, we are hiring a Superintendent of Public Works that has vast private sector construction experience, and between the three of them they will set down and recommend the timeframe and the float area for inclement weather or material purposes, and in conjunction with our consultants who will write the specs, we would include that, and he thinks we will get a better product. Commissioner Brezin asked City Manager Szerlag what amount he is talking about, and he responded that there are certain protocols that are established for the scope of the work and the estimated timeframes. He said as an example, the Central Island Drainage Project is going to take about a year to complete, so he has asked Assistant City Manager Vera and Public Works Director Conner, because they have delegated some work around the perimeter of the new school building away from our contract with Southeastern, how we should ratchet down those timeframes, and once we get that and determine what that float would be, he would like to offer a bonus of roughly $2,000 for every day that that timeframe is beat, or we can cap it at $100,000 or $150,000. Mayor Ede1cup said then that we have a penalty side and we will have a bonus side, we will be using these for major contracts that have longer durations, and the contracts will still come before the Commission for approval. He said that the Commission is saying to go ahead and use it in major contracts, and the definition of a major contract, they will leave to the City Manager's discretion. He said that they are giving the City Manager discretion upfront but they are still reserving the right to approve the contract. City Manager Szerlag said that there should always be liquidated damage on our major projects, and wherever we have liquidated damage there should also be a bonus, for instance in tonight's projects, the bridge that spans the canal at North Bay Road, as well as the Pier. 12F. Add-On: Discussion regarding a Plaque at Town Center Park. Action: Commissioner Goodman asked that a plaque be placed at Town Center Park. Mayor Edelcup said that we will order one saying it was built by the Commission in the year Town Center Park was dedicated. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Add-On: John Higgins discussed his concern about sea turtles and lighting on the beaches. Action: John Higgins said we have sea turtles nesting on our beaches primarily from May through August, and most of the east coast of Florida has lighting ordinances, including Golden Beach, Hollywood, and Miami Beach but Sunny Isles Beach does not. He stated that Dade County Parks has a sea turtle restoration program and they have been digging up the 12 Summary Minutes: Regular City Commission Meeting April 17, 2008 City of Sunny Isles Beach, Florida eggs from most of Sunny Isles Beach and Miami Beach and relocating them to Haulover Park. He said Florida Fish and Wildlife has now requested that they leave the majority ofthe turtles in place, and the problem is that because of the lights they start going in the wrong direction. He said he would like to get an ordinance in place, meantime they will be going condo to condo requesting them to do their part, of which a big part of it is just turning out lights during turtle nesting season. He said that there is a State regulation declaring it illegal to have lights facing seaward but it seems that the State doesn't get down here to enforce that very often. Vice Mayor Thaler said that Ocean I, II, III, and IV all adhere to the State regulations, and he thinks that most of the new buildings adhere to a good part of what he is looking for. Mr. Higgins said the new buildings have to submit a lighting plan that is approved by the State. Mayor Edelcup suggested that Mr. Higgins speak with Assistant City Manager Jorge Vera as all the approvals go through his Department. 13B. Add-On: John Higgins discussed his concern about Sunny Isles Boulevard. Action: John Higgins said the right-hand lane on Sunny Isles Boulevard is closed and he suggested making the center lane so that you could go straight or right, and Mayor Edelcup said he doesn't want to encourage that middle lane for a right turn because of the configuration of that corner. Mr. Higgins asked if there is a timeframe because he noticed that they blocked off the lane, and then they stopped working. Public Works Director Rick Conner said that the City is working with North Miami Beach as there is a waterline that needs to be replaced and we don't want to tear up this brand new street, and once those issues are resolved, we can move forward and wrap this project up. 14. ADJOURNMENT Commissioner Scholl moved to adjourn the meeting, and Mayor Edelcup adjourned it at 8:57 .,p.m. , (..', . '..: . 'Re'spectfully submitted by: :"&:~".~ " jan~'A. H,ines, C11C, City Clerk 13