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HomeMy WebLinkAbout2008 0320 Regular City Commission Meeting ~-- SUMMARY MINUTES Regular City Commission Meeting Thursday, March 20,2008, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION 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 INFORMA TlON. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:40 p.m., (Commission Workshop was held from 6:30 p.m. - 7:35 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 Mayor Edelcup noted the traffic jams tonight on Collins A venue due to the bus/pedestrian accident, which only pinpoints the fact that we need to move forward with an emergency route that has the ability to handle two-way traffic. Too many times in the last couple of years we have seen the City almost shut down in gridlock, and he suggested to City Manager Szerlag that, given the fact that we have had so many occurrences like this, before we move too far along on the bridge over the canal that we look to see that maybe we need to have a little more foresight and plan for events which has occurred tonight. 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Richard C. Schulman, City Historian, led the Pledge of Allegiance to the flag, and gave an invocation. Mr. Schulman also asked for a moment of silent prayer in memory of Henry Kay, who recently passed away, and was the past president of the Sunny Isles Beach Coalition, and a dedicated citizen and activist. Mayor Edelcup gave opening remarks of decorum. Vice Mayor Thaler thanked everyone for their condolences upon the passing of his father last month. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - February 21, 2008. Action: Commissioner Goodman 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. Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information: Item 9B, Policy to Govern Voluntary Time Extensions for Condo Developments; Item 10E, Correspondence re: Street Signs; Item 1 OJ, Alternative Health Plan Incentive Proposal; Item 10L, Scope of Work and Plan View re: 174th Street Median Improvements; Item 12D, Correspondence from MTV; Amendment: Item 10H, Revised Memo on Changing Time of Commission Meetings. Action: Mayor Edelcup noted the above changes to the agenda. 5. SPECIAL PRESENTATIONS SA. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 2006/2007. Action: Gerry Chioca, City Auditor, of Rachlin Cohen & Holtz presented the City of Sunny Isles Beach Audit Report for Fiscal Year 2006/2007, and said that the City is in very good financial shape. Assistant City Manager/Finance Doug Haag gave a power-point presentation of a very high level overview of the City's overall performance this past year. He said the General Fund had excellent performance as we increased our fund balance by approximately $6 Million this year to a total of $17.2 Million, which is important as we are going to transfer $5 Million of that over to the Capital Projects Fund. He stated that we show a decrease in our surplus or reserves in Capital Projects but that is actually a good thing because that means that we are starting to kick off some of the projects that we have had on the books for some time, and so the balance in that fund remains at $25.2 Million. He said the Stormwater Fund was increased by $500,000 this year, of which we are going to be funding several of our very large drainage projects, including the Central Island Drainage and Improvements Project. Mr. Chioca noted on the bottom of page 32, total budgeted final revenues of $24.1 Million, actual revenues $26.7 Million, so we had a favorable variance of$2.6 Million; page 33, total expenditures for $24.1 Million budget, we only spent $18.5 Million, and so you had another positive variance of $5.6 Million which results in the increase of the fund balance which Assistant City Manager Haag mentioned of $6 Million. Mr. Chioca said we had a very positive and good year, and he thanked Assistant City Manager/Finance Douglas Haag, Assistant Finance Director Linda Dosal, and staff for all their hard work. Mayor Edelcup noted that on page 41 of the report there have been from prior years many items that have been carried over, like taking inventory of equipment, etc., which he is pleased to see that they have now all been taken care of, and at this point we don't have any unfinished business in the accounting area. He complimented staff for taking care of that, what was a continuing problem from year to year, has now been resolved and been put behind us. He thanked Mr. Chioca for rendering the report, and said that it is good to have the professionals again confirm that we are in good health considering the economy that we find this country in today, fortunately we have been very fiscally responsible here, and we will continue to do so. He said our goal is to keep this City In continuous excellent financial health. The Audit Report was accepted, by a voice vote of 5-0 in favor. 2 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida 5B. A Proclamation Presented by Mayor Norman S. Edelcup Proclaiming the Month of April 2008 as "Water Conservation Month in the City of Sunny Isles Beach". Action: Mayor Edelcup noted that April is Water Conservation Month, and the proclamation is indicating that, and he noted that it is our goal and desire to make sure that we practice water conservation here in South Florida. [City Clerk's Note: Report by Lewis Beilman of the State of Florida Water Management Districts will be placed on the April 17, 2008 Commission meeting agenda.] 5C. Presentation by the Kiwanis Club to Cultural and Human Services Director Susan Simpson and to Christopher Liebe of Trump. Action: Item not heard as Ken Krueger, President of the Kiwanis Club, was not in attendance at the time that the item was called, and Mayor Edelcup noted that he is probably caught in the traffic. [City Clerk's Note: This item will be placed on the April 17, 2008 Commission meeting agenda.) 5D. Presentation to the City Commission by Loretta Mufson representing the Ruth K. Broad Bay Harbor Elementary School. Action: Loretta Mufson presented a plaque to the City Commission in appreciation for the City's participation in the Adopt-A-Class project at the Ruth K. Broad Bay Harbor Elementary School for 2007/2008. She said that she and her son are excited about moving to the new school here in Sunny Isles Beach for the next school year. 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 l6-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 l6-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 3 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida 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 Applicant) Action: Community Development Director Robert Solera said that the Applicant's attorney requested a 90-day deferral on this item as well as the related Item lOA. He also said that the City is thankful to the property owner for the steps they have taken in removing the structure that was situated on the property which was in disrepair. Public Speakers: Lynn Dannheisser, Esq. Lynn Dannheisser, Esq., representing the Applicant, asked for a 90-day deferral for this item and the companion Item lOA as they are still working with the Miami-Dade County Fire Department. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to defer this item and Item lOA to the June 19,2008 Commission meeting, and the motion was approved by a voice vote of 5-0 in favor. 7. ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating and Adopting a Code Section Entitled "Water Restrictions", Providing for Purpose and Intent; Providing for Definitions; Providing for Applicability; Providing for Water Shortage Plan; Providing for Declaration of Water Shortage; Providing for Enforcement and Penalties; Providing for Severability; Providing for Repealer; Providing for Codification; Providing for an Effective Date. (First Reading 02/21/08) Action: City Clerk Hines read the title, and Community Development Director Robert Solera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2008-298 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 4 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida 9B. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.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 Section 265-11(N)(3) of the Zoning Code to Permit a Volunteer Program for Extension of Time for Unexpired Development Approvals, Attached as Exhibit "A"; Providing for an Effective Date. Action: Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: Lynn Dannheisser, Esq.; Igor Ardid Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2008-49 was adopted by a voice vote of 5-0 in favor. 9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-11(N)(3) of the City Code to Permit a Volunteer Program for Extension of Time for Unexpired Development Approvals; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 02/21/08) Action: [City Clerk's Note: The Policy to govern voluntary time extensions for high-Rise condominium developments adopted on February 21, 2008, was distributed prior to the meeting.} City Clerk Hines read the title, and City Attorney Ottinot reported. City Manager Szerlag reported on the alternative Policy for Voluntary Time Extensions approved on February 21,2008, which essentially kept the ranges the same in the terms of what we would collect, but essentially doubled the time extensions, and he reviewed the seven points of the policy. City Attorney Ottinot noted that, not during the extension period, but if those TDRs are spinning along without a site plan, they will need after a five/ten year life span, additional time, they can apply for a two-year extension. Public Speakers: Lynn Dannheisser, Esq.; Igor Ardid Lynn Dannheisser, Esq., on behalf of a number of development projects in town that may want to avail themselves of this program. She noted that she is sure that the Commission received a copy of the Goodkin Report which was acquired and procured by Igor Ardid, and it is clear that the Commission did read it because she saw that they had extended their program for four years, and they appreciate that. She asked City Attorney Ottinot in regard to the comment that he just made with respect to the stand-alone TDRs in the private bank, a number of those were purchased from the private bank associated with a site plan approval, if this program is not taken advantage of and it is allowed to lapse, the TDRs which are currently in the bank of the applicant, may now be associated with a site plan, will then no longer be associated with a site plan, but they come from a bank which has a five-year lifespan, and it ends in 2010, would those TDRs continue in effect, although not associated with a site plan, to 2010 and at that point the holder of the TDRs could apply for the two-year extension, and so that, in effect, they would be available until 2012. City Attorney Ottinot said that is correct. 5 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Ms. Dannheisser said the only concern they have is that the City is offering a program that is for the benefit of the City as well as the applicants, the City in terms of keeping approvals alive and making certain you collect some of the income that you have already allocated to certain of your projects, likewise for the applicant, to be able to know with certainty that they continue with the approval that they have, but it is only as good as the willingness of applicants to take advantage of it for both sides. She said by virtue of the amounts that have been set forth, as part of the program, and she continues to believe that the City will not get the participation that they are hoping for because these funds come out of the developer's pocket, and it may be until those approvals start expiring, you may not be able to see the pattern, but she asked that the Commission keep open to the proposition that maybe this needs to be amended. Igor Ardid, owner of 400 Sunny Isles of the marina, said that he thinks the program the way it is laid out, for four years to pay that much money and some of the money is non-refundable, or non-applicable, there is no incentive to do it. He said there is a big chance that the market may not be back in four years, so you are taking a risk that you are paying money, four years down the road you are still not off the ground, and you just lost that money, it is not a feasible program. He thinks it needs more time, the money needs to be credited towards something, towards future impact fees, permit fees, etc., and the City Commission responded that they are credited except for the interest. Mayor Edelcup said it is really four plus two years because you have two years when you draw the permit, so the developer really has six years, and again, if four years from now, the economy is where it is today, he is sure this Commission would look sympathetically if it needs to be extended further. He said it is something that they will be monitoring throughout this whole period. Mr. Ardid said then that at the end of the four years and the economy still has not improved, at that point, you hope you are sympathetic but if you are not there chances are that you may have to pay for the permit fee and get a two-year extension. City Manager Szerlag said that this is a voluntary program and it is administered through the City Manager's office, it sunsets essentially after four years of extensions, if the economy is such that staff and himself, in conjunction with the City Commission, believes that there needs to be more extensions, they would so indicate, as we want to have a partnership with the development community and we want you to build as soon as possible, make your profits and sell the residences, get residents in here and have a completed community, so we all have the same objectives. He said we would not be of a mind to take essentially 30% of what is due the City and then say, you know what, even though times are tough, the program is over, pull a building permit or go away. He said given the kind of community that we are, a professional community, with a very understanding and visionary Commission, we will take a very hard look at this, probably three and half years from now, and make an indication of whether we need to calibrate our four years, or if times are such that we will see what is happening at that time. Ms. Dannheisser said that if in four years that the economy is such that it will be unlikely that any developer is going to realistically pull a permit, but they will have already invested 30% of these monies, they may be applicable towards permits, but ifthose permits can't be pulled or won't be pulled because of the economy, she suggested that the good faith thing to do is to make it refundable as well, because we are all taking risks at that point. Mayor Edelcup said 6 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida rather then make it refundable, because at that point the monies are probably being spent, one of the things that we would have to ensure is that those monies have been paid, and those credits have been earned, those credits have become a part ofthat land and attached with it, so whether it is this developer or a future holder in due course that were to practice developing it with the same site plan, then those credits could still apply. City Attorney Ottinot said that he wants to research this issue and probably discuss it with Zoning staff, he knows that we had a development in the past and we prohibited them from using a credit that was given to a previous development, and so in order to be consistent in the application, as you remember, the Fantasy on the Ocean, paid for bonuses and the subsequent developer wanted to use those credits, and we didn't allow them because there was no provision in the Code. He said if the City Commission wants to allow it, we have to create a Code, and Mayor Edelcup said that was under different circumstances, we are creating this under an emergency ordinance so we have the freedom to be able to incorporate that as part of this emergency measure. Ms. Dannheisser said, subject to the condition you just imposed, that seems more like a reciprocal kind of good faith. Mayor Edelcup said that it wouldn't be fair to take the money and then say I'm sorry the game is over, and four years from now you have lost your money. City Manager Szerlag said that there is an underpinning philosophy for the extension, by extending your site plan, you are certain that any variances that you have applied for, and any other items that are beyond the template of the site plan approval, remain in tact for a timeframe longer than a site plan that normally expires, so it is a cost you are paying to provide certainty. He said that you always have the option ofletting your site plan expire and then ifthere is a variance to be obtained, you essentially roll the bonus coming back with the same site plan, there could be zoning changes as well, there could be a new City Commission that has a different philosophy on bonuses or densities, so what you are paying for that four years for the market to get better, which is really six years, is certainty on your site plan submittal remaining pro terminus for a period of six years, and that has a tangible benefit to it. So regardless of whether the market is still sour or not, you are paying for that benefit, so in his perspective, that is a payment for leasing a site plan for an additional four years that would be non-refundable, and he didn't say non-transferrable. Mr. Ardid said he still thinks there is too much risk for this kind of money. City Manager Szerlag said there is another option, that would be able to extend the site plan process even longer than six years prior to pulling a building permit, so when you have a time continual it is going to be six years, pull the permit, or else lose everything. He said it may be that the City Commission decides to extend the program for two more years at a certain percentage of what is owed the City which may be more or less than what is currently articulated in the policy that we have. Mr. Ardid said then that the other option is not on the table right now, and City Manager Szerlag said that this has a sunset of four years, so we will look at this again in 3 ~ years. Mayor Edelcup said that in 3 ~ years he is sure that we will be looking at anything that had been granted to see whether or not it needs to be extended again given the circumstances 3 ~ years from now. Ms. Dannheisser said that makes sense so how does this help the City and the developers, if it would make just as much sense because the amount that they are paying with no guarantee that it will be credited or refunded under the circumstance where the four years is about to lapse and if you decide you are not going to 7 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida extend it. Commissioner Scholl said that they do have the guarantee that it will be credited, and that your own research says under Scenario B, six years and change for full absorption, it doesn't say market is going to recover in six years. He said that he thought four years was a reasonable balance against your own research, and clearly development, given the fact that you got a process that came out of the ground and you are going to front-run that, the recovery and the market to a certain degree, you are going to be in a position to do that because you don't have to come back for entitlement and spend a year and a half getting entitlements. Vice Mayor Thaler said that he has done his homework as well and has gone out and spoken to different builders, not in Sunny Isles Beach, and they basically thought six years was excessive. He hears what they are saying but nothing is guaranteed in life, and that is basically what you are asking for, you are in business, you are making a gamble on putting up a building, and he thinks the City has been very generous in allowing you to go to the six years, and it is your option to take what the City is offering, and he truly believes that the City has gone further than he would go. Commissioner Brezin said that we don't have a crystal ball, we don't know when the economy is going to change, if you had eight years you may have the same insecurity that you have at six years, we started out at two years, and she thinks the City was very generous in extending that to four, which would give you six years. Also in addition to that, as far as your security is concerned, you put this on a scale and it is more obvious that you would get the extension if the economy did not change, and so she feels that her feeling about security would be more secure in that area than feeling insecure about not getting it. Commissioner Goodman said he was not in favor of a four-year extension, he was only in favor of a two-year extension, and it was his interpretation that you could have gotten four years if the Commission voted for four and if the City Manager felt that another two years would be satisfactory that he would make that decision, and he thinks that they voted against that. City Attorney Ottinot said that the program has been approved, this is just for discussion purposes. Ms. Dannheisser said that the only issue at this point is the monies that are being paid and whether they're completely lost if at the end of four years it is not looking too good, the Commission changes, the money has been paid and the City has used them, and that is fine, we understand the concept, we would very much appreciate consideration of an amendment to the Code which would allow for the credit for monies paid to travel with the land if the approval is then used for development if a permit is pulled. Mayor Edelcup said that he believes that we are one of the few cities, ifnot the only city right now, that has addressed this problem here in South Florida, and so we don't have something to follow, we are trying to lead, as we lead in the use ofTDRs. He said things may have to get amended as we discover glitches in the procedure, and certainly, the action that the Commission is taking by having the foresight to look into this problem and act upon it proves our good will in trying to make this a win-win situation for the City as well as the developers and certainly we have never closed our doors to any logical arguments, and we would continue to do that in the future. Mr. Ardid said that the Study says that the prices are foreseeable to go down 30%, that the market would improve in six years, now to start developing new projects, prices have to be 8 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida going up, it is pretty hard to get offthe ground today, and unfortunately, if the prices go down 30% they have to start working their way up, so it is a while until you gain the confidence of people to buy pre-construction again, and you cannot get off the ground if you don't have a deposit. He said that study was done when the market of developed properties will stabilize, it is different then when you are trying to build something from the ground up because there has to be a lot of optimism for people to say okay, here is 20% of my deposit, and I will wait for three years, there has to be a lot of momentum. Mayor Edelcup said that we are going to start with a position and from that it will evolve and we will see that we are always trying to do the right thing, and so he recommends that we move forward with this today, as it gives the developers and the City Commission an opportunity to look over what we have passed. He said that certainly we would be receptive to any amendments that the two of you would maybe agree to be presented to the Commission and we move forward, at least we get the ball rolling, we need to start someplace. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2008-299 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 ~ 9C. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9C.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 Section 265-23(G)(2) of the Zoning Code Relating to the Transfer of Development Rights ("TDRs") for Private Parties, Clarifying Expiration of Private TDRs, Attached as Exhibit "A"; Providing for an Effective Date. Action: Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: None Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2008-50 was adopted by a voice vote of 5-0 in favor. 9C.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-23(G)(2) of the Zoning Code Relating to the Transfer of Development Rights ("TDRs") for Private Parties; Providing for Clarification of Expiration of Private TDRs; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 02/21/08) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. 9 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2008-300 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin ~ Commissioner Goodman ~ Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfer of Development Rights (TDRs) in the Amount of Four (4) Dwelling Units and 13,143 Square Feet of Floor Area to 488 Sunny Isles Boulevard, 488 Sunny Isles, Inc. Per Application No. TDR2007-1 for a Residential Condominium Project to be Located at 488 Sunny Isles Boulevard to be Known as "500 Sunny Isles" from the TDR Sub Bank Established for Porto Bellagio Bank, Tract "B" (the "Fort Apache Marina, LLC."), Directing the Planning and Zoning Administrator or Designee to Transfer Four (4) Dwelling Units and 13,143 Square Feet of Floor Area from the TDR Bank to 488 Sunny Isles, Inc., Authorizing the Adjustment of the TDR Bank by the Planning and Zoning Administrator or Designee; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing For An Effective Date. (Deferred at the request of Applicant) Action: [City Clerk's Note: See action under Item 6A.] This item was deferred to the June 19,2008 Commission Meeting at the Applicant's request. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Final Order Relating to a Bid Protest Filed by Tran Construction Inc.; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported, and noted that Tran Construction had filed a lawsuit against the City in Circuit Court requesting a temporary injunction, and the City was able to avail in that case, and we most likely will go out to Third District Court of Appeal as the losing party indicated that they will appeal. This resolution basically confirms the Special Master Hearing which she found in favor of the City. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1236 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, Reappointing Seven (7) Members to the Historic Preservation Board, Attached as Exhibit "A"; Providing for an Effective Date. 10 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and Mayor Edelcup reported and noted the following reappointments, Chairperson Joe Masters, members Bonita Shoki, Trina Duluc, Sherry Blank, Mark Glickman, Phil Chernoff and Cassey Gabor, and lifetime honorary member Ellen Wynn, and the Aide to the Historic Board is Richard Schulman. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1237 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, Authorizing the City Manager to Execute a Memorandum of Agreement from the Florida Department of Transportation (FDOT), Attached Hereto as Exhibit "A", for the Maintenance and Landscaping of Sunny Isles Boulevard/SR-826; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Douglas Haag reported that this agreement was submitted by FDOT to the City that essentially transfers responsibility for the right-of-way maintenance and landscaping improvements that the City is making, to the City. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1238 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a First Addendum to Agreement with Graph-Plex Signage, for Purchase and Installation of Signage for Golden Shores, in an Amount Not to Exceed $87,000.00, 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's Note: Correspondence from Assistant City Manager Jorge Vera to Deborah Moran Rivera, District Traffic Operation Engineer regarding street signs was distributed prior to the meeting.] City Clerk Hines read the title, and Assistant City Manager/Services Jorge Vera reported that this is a continuation of a contract for unified signs throughout the City, and he presented a model of what is going to be proposed for Golden Shores, all the signs, including the stop signs, slow down signs, the curve signs, will be uniform in that area. He said in addition, the reason we took it off the last agenda was because the Commission requested to look at Collins Avenue signs. He said he has a copy of a letter that he submitted to FDOT, with some leeway from Public Works, because he has to deal with Miami-Dade Public Works and FDOT on Collins Avenue. It seems like we may be able to put a sign on the street lights, still no confirmation from FDOT, but we made a modification to this, instead of having that curve on the top, we square that off into a rectangle, and having that same shape on Collins A venue inside the sign, and he found out that FDOT has several other colors they can use in the signs such as blue, green, and black, II Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida and so he feels confident that we can get through FDOT on this. Public Speakers: none Mayor Edelcup said on the sign model where you have the two colors, they look pretty minute and he was wondering if, you are showing the one for Collins A venue with the broad stripe in the center of the column, ifthere was a possibility of making those two colors a little bigger. City Manager Vera said that he did talk to the sign company about that and that it will be elongated so you can see more ofthe blue and orange. Commissioner Brezin asked if you can change the size of the lettering because the lettering is the most important part of a street sign, and he said that he thinks they can incorporate that as there is enough space. Assistant City Manager Vera said he should come back to the Commission concerning Collins Avenue within a week or so, as he will be going to FDOT next week. Mayor Edelcup said then that he will entertain a motion to pass this resolution extending the color on the sign, and that will be the only modification, and still keep it black and white. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1239 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, Supporting the Miami-Dade County Public Schools' Legislative Initiatives and Making Certain Requests of the Florida Legislature During the 2008 Legislative Session; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: Bob Welsh Bob Welsh asked that the Commission pass this resolution, with our City Manager working with the School/Education Committee to get a letter writing campaign in the City, and to get phone calls to the Legislature with the Committee's help. Mayor Edelcup said we will pass the resolution and if the School/Education Committee wants to work with the City Manager towards a write-in campaign, we can handle that in the future. Mayor Edelcup said that Miami-Dade Days are occurring later in March or April and he suggested that City Manager Szerlag and Bob Welsh arrange to go to Tallahassee to get a first hand experience of petitioning our legislature since it will be open for public discussion. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1240 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Option Agreement in Substantially the Same Form with St. Tropez III, LLC, for Purchase and Sale of a Parcel of Land Located on Sunny Isles Boulevard, with Folio 12 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida #31-2214-007-0050 in the Amount of$I,558,419.78 with an Option Deposit of$50,000.00 for a 60-Day Option, Which Deposit Shall be Applied to the Purchase Price if the City Proceeds to Purchase, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager and the City Attorney 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 City Attorney Ottinot reported, noting the workshop that was held earlier tonight regarding Open Space and public parking needs to acquire land. He said this past week we were able to close on one property which is located at 287 Sunny Isles Boulevard, and tonight we have an opportunity to purchase another piece which is east of the property located at 287 Sunny Isles Boulevard, and owned by St. Tropez, also known as Joe Milton, and has agreed to sell the City 20,000 square feet ofland. He said that this property will be critical in assisting the City in meeting open space and public parking needs in the southern corridor of the City. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1241 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, Amending Resolution No. 2007-1148, the 2008 City Commission Meeting Schedule, to Provide that Commission Meetings Shall Commence at 6:30 p.m.; Changing the October 23, 2008 Meeting to October 16, 2008; Providing for an Effective Date. Action: [City Clerk's Note: A revised Cover Memo was distributed prior to the meeting.} City Clerk Hines read the title, and Mayor Edelcup reported that at the February 21, 2008 Commission meeting we had a general discussion of starting the meetings at 6:30 p.m. beginning with the April 17, 2008 City Commission meeting. He also said in order to be consistent with scheduling the Commission meetings on the third Thursday of the month, to move the October 23, 2008 Commission meeting to the third Thursday, October 16,2008. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1242 was adopted by a voice vote of5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Personnel Policy Manual, 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 City Manager Szerlag said that the Personnel Policy Manual has been in circulation in one form or another for the past eight years, and he said if the Commission has any comments, or changes, that he has no problem deferring this item. He said he had Human Resources Director Tom Acquaro group the personnel policies 13 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida into three (3) groupings: Group One Policies have an immediate financial impact in addition to or in lieu of an employees regular salary, some of the payouts are positive like payouts for accrued vacation and sick leave, and some are not so positive like unemployment compensation and severance pay; Group Two Policies pertain primarily to a slate of employee benefits like retirement, insurance and vacation; Group Three Policies are non- economic and pertain to the general operations of the City from the personnel organizational perspective. He said in addition to those Policies, he had received some comments from the Commission and he incorporated them in his standard letter that he writes and distributes on the day of the Commission meeting, and he noted the following additions/clarifications: Layoff and Recall, Policy 216.1 - Paragraph 4 (d) will be modified to reflect that fulltime employee's would be laid off last, based on their demonstrated ability to perform available work, and length of service. He noted that both of these criterians carry equal weight. Transfer, Policy 211.1 - Paragraph 8C will be modified to indicate that the City Manager will review an employee's salary in a temporary position every three months to determine if further increases and compensation are warranted. He said the policy right now states if someone is temporarily assigned to a promotional capacity they would get a 10% increase but if that temporary assignment lasts for more than three (3) months, he would have the authority to look at that again to see if further pay is warranted. Severance Pay Policy 304.1- Has any exempt management employee ever received severance pay? If so, how much? He said that his philosophy is that he would not grant more than six months severance pay, and noted that severance pay for non-senior management level exempt employees, as well as non-exempt employees, is outlined in paragraph 5, which is essentially one week of regular straight time pay for each year of continuous service. He said that he has been advised that four (4) previous exempt management employees received severance pay since we became a City, and in each case that amount was three (3) months, however, the Policy indicates a minimum and not a maximum for severance pay that the City Manager can distribute, and he would like to indicate that there should also be a maximum of six (6) months. He said essentially that Policy would be modified to reflect a severance pay up to 6 months depending upon circumstances as determined by the City Manager for exempt management employees only, as non-management employees would receive, if applicable, severance pay that would be equal to one (1) week of pay for each year of service. Travel on City Business 401.1- Assure all forms on page 5 of5 are submitted, and current, and in addition, include a copy of the Ordinance Governing Expenses for Charter Positions. He said he has asked Assistant City Manager Doug Haag and Human Resources Director Tom Acquaro to submit all the necessary forms which will include the ordinance which governs expenses for Charter positions into this policy booklet. Vacations, Policy 504.1 - Paragraph 13 will be changed to indicate that employees have until January 15th of each year to use vacation time that might otherwise be lost, and the City Manager has authority to make exceptions. He said it was also brought to his attention that currently no employees are here longer than 10 Y2 years, our maximum vacation time is 20 14 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida days per year, 4 weeks, and do we want to make that the maximum for all employees regardless of tenure for when we become an older City. Education Reimbursement Program Policy 506.1 - This policy will be amended to indicate that the maximum benefit amount of$2,000 per fiscal year may be exceeded by the City Manager who will also take into consideration funding availability. Sick Leave Policy 703.1 - There is no accumulation of sick leave hours after the maximum of 1200 hours has been obtained. He said once that maximum has been reached there is no longer an accumulation of sick leave. He said we do not have a specific line item for sick leave payouts, funding occurs through our salary/wages account via City Budget. City Manager Szerlag said for clarity that these are all questions and it is up to the City Commission ifthey want to make those modifications or clarifications that he is identifying. Public Speakers: none Mayor Edelcup recommended that under Policy 504.1, that it be amended that vacation time maxes out at 4 weeks a year after the 10th year, anything over 4 weeks puts a future burden on the City. He said on paying out accumulated sick leave, he noticed for the non-exempt employees that they get a percentage depending on how long they have been with the City, whereas under the exempt there is no criteria. It appears that they can get the 75% payout even if they have been here a very short period of time, the minimum that we require for the non-exempt is three (3) years, and he would think we could require the exempt employee to be here at least three (3) years to earn the same kind of a credit. City Manager Szerlag said that the philosophy behind that is that exempt employees are essentially, as everyone else is, at will, but an exempt employee can be more at will than someone else, and if they were here for one year, they would have accumulated about six days, and 75% of that would be paid out. Mayor Edelcup said that you set a standard that you expect all the employees in general to follow, and it doesn't seem quite fair that we have special treatment for the exempt person. City Manager Szerlag said the minimum for the next level is 3 years, and Mayor Edelcup said that non-exempt starts at 3, 5, 10, and 20 to get the 10%, 25%, 50% and 75% of the payout, whereas the exempt employee can be here for any length of time and wind up getting the full 75%. City Attorney Ottinot said that he was here when the former City Manager was creating this sick leave payout schedule, and one of the arguments that was used to have non-exempt employees in that category was the fact that it is seen as a benefit of upper management which is basically, in trying to compete in this market, bringing upper management to this City. Mayor Edelcup said that he is not questioning the entitlement to be sick and take it, he is questioning the entitlement to get paid for not being sick and then leaving after a short period of time. City Attorney Ottinot said he understands that but the argument was what are the other cities providing and if they are providing a benefit in terms of non-exempt of no years, or three years, if we have a lesser benefit would that hurt us competitively, and he asked City Manager Szerlag ifhe can look at other comparable cities. Vice Mayor Thaler said that he thinks that somebody should do a little more homework and 15 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida find out what is happening in the surrounding areas and then come back on this, and City Manager Szerlag responded that he would be happy to do that. Mayor Edelcup said that we have to raise the questions tonight so that the City Manager can follow up on what we are questioning, and that is one of the areas that he can question. City Manager Szerlag said every time he proposes a change, he will be coming to the Commission at least annually for ratifications, and/or calibration of what he wants to submit. Mayor Edelcup said another area he wanted to question is related to floating holidays, as to how many floating holidays an employee has per year, ifthere is any differentiation between exempt and non-exempt employees, as it wasn't in the book, and Human Resources Director Tom Acquaro said for the management personnel it was through a Administrative Memorandum issued by the former City Manager. He said for the general employees it is two floating holidays, effective the first calendar year, and if they are hired after July they get half of that, and for exempt personnel, they get the two plus an additional five for attendance at these Commission meetings, and upon completion of five years, they get an additional three, and so after 5 years of service, an exempt employee will have ten floating holidays. City Manager Szerlag said he will include that memo in the Manual. Mayor Edelcup said that he thinks that is over generous with regular vacation time. City Manager Szerlag said he would review all the previous Management Memoranda and ifhe thinks it is applicable, he will incorporate it into the Policy Manual and bring it back to the Commission. Mayor Edelcup said to get their comments tonight and defer action on this until the City Manager finishes his research on their questions tonight, revise some of the areas that may need revision after his research, and then come back to the Commission with the amendments. Vice Mayor Thaler said he would like a breakdown by cities, much like the one done last month, and if staff can do the same thing in surrounding areas so that we are competitive and we don't have the same problem that we had with our Police Department, that way we won't put the City Manager at a disadvantage. Commissioner Scholl agreed with Vice Mayor Thaler that we use the same analysis as we did for the Police Department and that we look at our peer groups, we stratify it and show us a grid, compare it, and in the Police Department case it was management vs. rank and file, and in this case it is exempt vs. nonexempt, we want to see them side by side. Mayor Edelcup said it is our responsibility now to really look at all these things thoroughly as to what they are, what their financial impact is on the City, how we compare with other cities, and try to make an informed decision based on having as much of the facts that we can, and still be competitive but not necessarily number one. City Manager Szerlag asked for clarification if we should review only the items that the Commission is questioning tonight or the whole Policy, and Commissioner Scholl said basically the benefits package, lay it out and say here is our peer group analysis, here is where we stand exempt and nonexempt, and then make recommendations based on that as that is a lot easier for the Commission to interpret then looking at the Manual. Commissioner Brezin said when you break it down, and then get a total package of what that employee is receiving in terms of time, and Mayor Edelcup said in doing that you get the total package but then as has been suggested we compare that to our neighboring cities. 16 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida City Manager Szerlag said again that this is something that has been in one form or another for about eight years, but just to make an indication, this is something that the employees currently enjoy in terms of the benefits that are in this Manual. Mayor Edelcup said as Commissioner Goodman and him can attest we have been asking for review of this since we became Commissioners back in 2001, at least we now have a document in front of us to work with and now we can get into the details of it and try to come up with a fine plan for the City. City Manager Szerlag asked for additional time and to hear this at the May 15, 2008 City Commission meeting, and Mayor Edelcup said probably the way to do this may be to handle it as a special item because if we are going to be looking at lots of comparative data on lots of different kinds of benefits, he can see this becoming a meeting of its own, as a Special City Commission meeting rather than handle it at a general meeting. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to defer this item to May, as a separate item in a Special City Commission Meeting. The motion was approved by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Selection of United Health Care as the City's Health Care Provider, Sun Life as the City's Dental Insurance Provider, and Neighborhood Health Plan as an Alternate Health Care Provider for a One-Year Period; Authorizing the City Manager to Enter into Agreements with these Providers, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Alternative Health Plan (NHP) Incentive Proposal was distributed prior to the meeting) City Clerk Hines read the title, and Human Resources Director Tom Acquaro reported, and he thanked Bob Hollander of Brown and Brown Insurance, and staff for the work they put into this project. City Manager Szerlag presented an Alternative Health Plan Incentive Proposal as a voluntary option, and for employees that select the lesser coverage, the City will offer an incentive that the City will pay the employee one half of the City's savings of $246 for the family plan, of which $123 will go to the employee as the incentive. Public Speakers: Bob Hollander Mayor Edelcup asked about the single employee for the lesser plan, as the employee wouldn't have to pay anything on either plan, why would that employee take the lower value plan unless there is an incentive, and that is not noted here. City Manager Szerlag said that he would propose to give the employee $50 a month to take the lesser plan then the City saves $50, and Mayor Edelcup said then that the employee would end up with more money in his pocket. City Manager Szerlag said that the underpinning phraseology is that the incentive would be to pay the employee one half of the savings that the City enjoys, but the big savings for the employee is with the family because they would essentially go from paying $4l2 a month to $1 71 a month. Commissioner Brezin asked if the benefits of the lesser policy would be cut, and City I7 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Manager Szerlag said yes, it is a much reduced plan. Mayor Edelcup asked Bob Hollander to explain what the employee would be giving up by going into the lesser plan. Mr. Hollander said the challenge is trying to keep the cost down which is the purpose of going into the lesser plan due to the rising costs, and still keeping up the level of benefits. He said the co- payments for the plans are: United Health Plan has a $15 co-pay, where this would be $25 to the doctor, and $45 to a specialist, and it does increase the prescription from $8 for standard drugs to $20, and so it is pretty substantial. He said the network provider list is pretty much the same because Neighborhood Health Plan is now part of United Health Insurance. Mayor Edelcup asked if they can switch from one plan to another annually, and Mr. Hollander said they have to make the decision during open enrollment. Vice Mayor Thaler asked ifthere is a tax ramification on the $50 to the City, Mayor Edelcup said it would be the same expense as salary, the City doesn't pay taxes, but it is an expense for the City either way whether it is called salary or medical reimbursement to the individual. Mayor Edelcup said what is happening is instead of writing a check to the insurance company for $400 the City would be writing the check for $300 and writing a check for $50 to the employee, and the City is $50 better off. Assistant City Manager Haag said that the $50 check would be going through the payroll side, and the City would be paying payroll taxes. Mr. Hollander said that most likely you will see the younger employees opting for the lesser plan, and he noted that the Health Plan has four tiers: 1) employee; 2) employee plus spouse; 3) employee plus children; or, 4) employee plus family. Mr. Hollander thanked City Manager Szerlag and staff, Assistant City Manager Haag, Human Resources Director Tom Acquaro, Yael London, Benefits Administrator, and the City Commission for their confidence in his office and that he will continue to service the needs of the City and employees; and Mayor Edelcup thanked Mr. Hollander. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1243 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Generator Incentive Plan for Gas Stations, Supermarkets, Convenience Stores, and Pharmacies in the City of Sunny Isles Beach; 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: A revised Policy was distributed prior to the meeting) City Clerk Hines read the title, and City Manager Szerlag and Building Official! Administrator Clayton Parker reported, noting that the implementation date of the Plan would be April 28, 2008. Public Speakers: none Mayor Edelcup asked that we get a guarantee that the equipment will be there for a period of 5-10 years, and City Manager Szerlag said his instructions to Building Official Parker was to revise the Policy to include that the generator must stay on the property for at least 10 years, and Building Official Parker said that it would be included in the agreement. Commissioner Brezin said there is no fee to the business for when the City comes in and inspects this, and 18 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Building Official Parker said there is no fee at this time. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1244 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 Addendum No.1 to the Agreement with Lukes-Sawgrass Landscaping, Inc. for Landscaping Services for the 174th Street Median, in an Amount Not to Exceed $94,167.04, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment 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's Note: Scope of Work and Plan View from Lukes' Landscaping was distributed prior to the meeting.} City Clerk Hines read the title, and Public Works Director Rick Conner reported. Public Speakers: none Vice Mayor Thaler asked about the $34,000 for irrigation, and Public Works Director Conner said that this irrigation system will improve the system contained in the medians because there is work that that needs to be done to connect it to the main system which is outside of the median, and so they are going to put in all of the equipment and do all the work necessary to bring the medians up to date and put in the latest technology. He said there will be improvements made later but this will give us an immediate benefit, and the benefit will increase if we ever have to repave that street, we will go in and do that work at that time and carry it through. Mayor Edelcup said it is essentially the pop-up spray, and the controllers. Commissioner Goodman thanked the Commission and City Manager Szerlag for doing this project. Vice Mayor Thaler asked how long thisjob will take, and Public Works Director Conner said he did not know but he will get back with the answer, and then came back with an answer from the vendor of 60 days to complete this project, and Vice Mayor Thaler asked that it be stated in the agreement, as the vendor quoted. City Manager Szerlag said he has never seen a deadline be met, and that he has given instructions to his staff before articulating a date to go through him first, and he would like to change that to 90 days. Vice Mayor Thaler said he wants to leave it as 60 days. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1245 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Amendment to Parking Garage Agreement between the Aventura Beach Club Condominium Association and the City of Sunny Isles Beach, in Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. 19 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach. Florida Action: City Clerk Hines read the title, and City Manager Szerlag said this assignment was first given to him two weeks after he started with the City, and he gave special thanks to City Attorney Ottinot, Assistant City Attorney Fernando Amuchastegui, Assistant City Managers Jorge Vera and Doug Haag, and Public Works Director Rick Conner for their assistance in this regard. He said after many months of negotiations we have an agreement for parking as well as all the ancillary associated costs which pertains to the maintenance responsibility for the parking garage that is going to be constructed at Heritage Park. He said he expects the timeframe will be 3-5 years, hopefully closer to three years depending on funding availabilities, and will construct approximately 500 parking spaces in the parking garage, 400 will be allocated to the Association, and 100 will be allocated for public parking. He said the payment schedule will yield $22,560,000 to the City over a 40-year timeframe, that does not include any interest income that we receive in the process. He said that site plan issues are that the park will always be used and maintained as a Park. City Manager Szerlag stated that one of the two plans, the preferred option, has 400 spaces underground, and the only spaces above ground would be the 100 spaces for the public parking element. Weare now going to our Architects Spillis Candela, to further calibrate the cost differential between the underground parking, which includes 50% tandem parking that the Association has agreed to, against an unsightly 6-story parking structure, and it is his understanding that the initial indication is that the costs are somewhat less for the underground parking. He said we are now going to do geotechnical and hydro-geological studies, look at self stratifications, water tables, how far the pilots have to go, etc., to get a very solid cost of the differential, and if they are close, he wants to come back and recommend the underground parking because it is a better use of the garage, and he should have that information by the first week in April, and he will come back to the Commission with firm costs for the parking structure. He noted that O&M costs on the two plans will also be identified over that 40-year lifespan. Public Speakers: none Vice Mayor Thaler noted the change on the 41 st year, and Commissioner Brezin said that the City Manager should make note of the fact that in doing the undergrounding, we are interested Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution, as amended. Resolution No. 2008-1246 was adopted by a voice vote of 5-0 in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement Between the School Board of Miami-Dade County, Florida, and the City of Sunny Isles Beach Relating to the Scope of Work to Include Drainage and Pavement Around the Community School Located in the City, Maintenance of Traffic Around the Atlantic Boulevard Area, and the Perimeter Right-of-Way Around the Community School, in Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. 20 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Manager Szerlag reported that the School Board felt more comfortable if they can have their contractor do this work in a more expedient fashion as they are already on site. He said during a negotiation process what we agreed to was that he would recommend that the scope of work would essentially be assigned to Miami-Dade Schools but they would do so at our unit prices so there is really no extra cost to the City. He noted in fact that we also agreed to some shared costs around the perimeter of the site. Public Speakers: Bob Welsh Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1247 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, Naming 170 Street, from Collins Avenue to the West End of Property, as "Raanan Katz Boulevard", Authorizing the City Manager to Expend Funds, in an Amount of Up to $600.00, for the Installation of Street Signs and to Do All Other Things Necessary to Effectuate the Intent 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. Public Speakers: none Commissioner Goodman said that I 70th Street from Collins A venue to North Bay Road is private property, half of it is owned by Raanan Katz and the other half is owned by Vista View Development. City Attorney Ottinot noted that this is part of the settlement that we already approved. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1248 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. A Discussion regarding Budget Savers - General Fund. Action: City Manager Szerlag reported, and Assistant City Manager/Finance Douglas Haag made a power-point presentation. He noted that we had identified $324,000 in savings, that really pales by comparison to our performance, last fiscal year on the expense side of the budget all the departments collectively saved a total of$3.4 Million in terms of expenditures that they didn't make. He said at the end of the year, whatever the total savings is, as we did this past year, goes back into fund balance, and as we discussed at the beginning of the meeting, that number was about $6 Million in total. 21 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Assistant City Manager Haag said that we have already started our budget process which is about two (2) months sooner than last year because we recognize that we have a lot more information and better information that we want to provide to the Commission this year on a more timely basis. Mayor Edelcup asked when he thought they would begin getting the information, and City Manager Szerlag said around June. 12B. A Discussion regarding Sir Winston Cruises as Cultural Events. Action: City Manager Szerlag and Cultural and Human Services Director Susan Simpson reported, noting that the Sir Winston Yacht is located at Belle Vista Bay Park, and we provided a cultural event for Valentine's Day which was very successful, and we subsidized that program. She said that there have been suggestions to continue that subsidy, and dates were thrown out, and we checked with Sir Winston for pricing, and that table is attached, and she noted that it was not budgeted as we did not have the Yacht here last year. She asked direction as to how the Commission would like to continue subsidizing this, if they want to continue, and in what manner, and then we will come back with a budget amendment. Mayor Edelcup said that he would like to continue offering it for the 4th of July and New Year's Eve, and he suggested voting for Option B, which is 50/50. Commissioner Scholl asked if we know that the primary ticket purchasers are residents, and Ms. Simpson said we have a policy when you sign up for a cultural event, each resident has to show ID, and they are allowed to purchase up to four (4) tickets under their name. Mayor Edelcup asked if everyone agreed to go ahead with the other two trips, and Vice Mayor Thaler said that this is the first year, we can see how it works out, and then go back on it early next year to see whether we want the four. Commissioner Brezin said the feedback from the residents has been very positive. It was the consensus of the Commission to continue to subsidize the other two trips. 12C. A Discussion regarding Countdown Pedestrian Signal Heads on Collins Avenue. Action: [City Clerk's Note: Costs and a map were distributed prior to the meeting) City Manager Szerlag and Public Works Director Rick Conner reported, noting that the latest technology is the countdown signal head that shows how much time remains for you to clear the intersection. Public Works Director Conner said they were requested to look at that and that the Police Department and the Engineering Department did an independent analysis that basically came back with the same information. He said the Police Department prioritized their top five (5) choices for placement of the signal heads which, with the new technology, is running about $1,500 a head, and with four corners it is about $7,000. Public Works Director Conner said that at the same time FDOT started a program where they are going to make some major improvements along Collins Avenue to pedestrian facilities, including ramps, indicators, textured improvements, etc., and as part of that process, they are going to take seven (7) locations and either repair and upgrade to the new technology, or install from scratch the countdown heads. He said they are going to start way south on Collins Avenue and hit three major sections, and we are one of them. He said as indicated on 22 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida the map, they are going to install the purple sections under that program, which are 18Sth, 183rd, 178th, 174t\ 172nd, 170th, 16990, and 168th, and two were not covered, 168th and Galahad Dade (193rd). He said that we are recommending that those two be placed by the City, and allow the FDOT project to accommodate all the rest, and then we can work down the list. He said the current phasing will not be impacted by this project. Mayor Edelcup said he wanted to make sure that every one of these are included and we do them all, not just some of them. He said he noticed that Public Works Director Conner had proposed future countdown heads, five black ones, rather than future, add those in so that we are doing this throughout the City and complete the project, and not hold off on those five. City Manager Szerlag said that he has instructed Assistant City Manager Vera and Public Works Director Conner to develop a spread sheet and implement all proposed and future crosswalk signalizations on the color coded map. Vice Mayor Thaler said than that someone will come back and give us the right number for the whole thing if we are going to add the five. Mayor Edelcup said yes as these are discussion items so they will come back as a resolution. 12D. A Discussion/Presentation regarding the MTV Event on the Beach, March 8 & 9, 2008. Action: [City Clerk's Note: Correspondencefrom MarcyA. Dyno, Director of Production, MTV Networks, and a Memorandum from Cultural and Human Services Director was distributed prior to the meeting.} Cultural and Human Services Director Susan Simpson presented two short videos from the MTV events, one from Saturday, March 8, which will be aired on Saturday, March 29,2008 at 3:00 p.m. on MTV. The other video was from Sunday, March 9, 2008, and entitled "Telia Tequila's Spring Break Fantasy Couple", and it was aired on March 9, and will be shown again on Saturday, March 22,2008 at 1 :00 p.m., and she will try to get a copy of the whole show. She noted that at least twice during each show, Sunny Isles Beach, Florida will be mentioned throughout the shows, and over 150 crew members were here for a whole week, they ate, shopped, etc., and it was good for our economy. She also noted that the Police Department did a great job, no outlay of expenses by the City, everything the City had to do, MTV were charged for, including the parking for closing off that parking lot for a week. The Commission thanked Cultural and Human Services Director Simpson and staff for a good job. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. New Item: Allen Kaul Discussed Installation of Hurricane Shutters. Action: Allen Kaul said he was inspired by the Generator Program, and asked if the Commission could help out the residents in the Condo buildings with such a program for installation of hurricane shutters, as most of the residents are scared when it comes to contractors and permitting, and when they ask the condos for help, they say it is up to them, they have to do it themselves, when in fact he thinks the condos can do it as one project under one permit. 23 Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Building Official Clay Parker said that we have had a lot of issues with hurricane shutters since the many major storms we have had over the last few years which caused a lot of problems with supplies and rising prices of supplies. He said that some Condominiums take this task upon themselves for the whole building, and we have had Condominiums that have forced the individual unit owners to individually contract, and it has not been as smooth as it should be. He said that this is a problem statewide as a lot of contractors have gone out of business because they had made contracts and were unable to get their supplies, and in a lot of cases made contracts with individual owners, and by the time they got their supplies, the cost had gone up so much that it was outlandish, but that is coming back down now, and prices are stabilizing, and the Building Department have been working with several condominiums trying to get some unification. He said his opinion has always been that the perimeter of the building is the envelope of the building, and it should be handled by the Association, but certain Association documents are different. He said that the Arlen House condo documents say it is the individual owners responsibility, and we had some issues with one of the Arlen Houses where they pulled the permit as the condo, but then they made the residents go get their own contracts for new windows, impact windows, etc., and now we are making them go back and get those individual permits to do it legally. Building Official Parker said that it is a problem, and it is something that we should look at, and try to get the Associations to do it rather than the individual unit owners. Mayor Edelcup suggested having a workshop for the Building Department to meet with the Condo Association Boards, and work out a plan. He said one of the things that need to be done is to do it expeditiously but it is also a condo matter, and not our decision as to how it gets done. He said that you can give them the pros and cons of doing it individually but ultimately they have to make their own decision, we can't make it for them. Building Official Parker noted that the Code does not require them to have shutters or impact windows unless they go to change the windows, then we can make them bring them up to the current Code. He said that they are trying to change the Code but changing the Code takes about three years. Commissioner Scholl said if we educate them and make them realize that going as a building, if you have a larger job you will get a more reputable contractor, a better cost, a unified approach, but having Building Official Parker educate them on the process as well will help. 14. ADJOURNMENT Commissioner Goodman moved and Commissioner Scholl seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 10: 13 p.m. Respectfully submitted by: Approved by the City Commission on April 17 , 2008 ~oA~ Jane A. Hines, CMC, City Clerk 24