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HomeMy WebLinkAbout2008 0221 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, February 21,2008, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:30 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler (absent) 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 announced that Vice Mayor Thaler is not here tonight as his father, Milton Thaler, who was 98 years old, passed away a few days ago. 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Scholl led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation, and he asked for a moment of silent prayer in memory of Milton Thaler, father of Vice Mayor Thaler. Mayor Ede1cup gave opening remarks of decorum 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - January 17,2008. Action: Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 3B. Special City Commission Meeting - February 8, 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 4-0-1 (Vice Mayor Thaler absent) in favor. Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information for Items 10E, 100, and 12B; Revised Resolution Item ION. Action: Mayor Edelcup noted the above handouts. 5. SPECIAL PRESENTATIONS SA. Add-On: Presentation ofa Check in the Amount of$I,OOO.OO from the Kiwanis Club of North Miami Beach/Sunny Isles Beach. Action: Mayor Edelcup stated that the Kiwanis Club of North Miami Beach/Sunny Isles Beach held its Art Fair two (2) weeks ago and the proceeds of $2,000.00 has been split between the two cities, and, as such, he presented a check in the amount of $1 ,000.00 to Cultural and Human Services Director Susan Simpson. Ms. Simpson thanked the Commission and said that the Art Fair was a great event and that they hope to continue it next year. She said the scholarship program is a wonderful program where they are able to raise money for children who cannot afford to attend the City's Summer Camp, and this will help greatly with giving more children the opportunity to attend Summer Camp. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 488 Sunny Isles, Inc., Owner of the Property Located at 488 Sunny Isles Boulevard, for the Following: (Hearing #Z2007-02) The Applicant is seeking site plan approval for a Mixed-Use waterfront residential consisting of a 16-unit condominium tower with ground floor retail. The Applicant is also seeking approval for two variances: 1) Eliminate the penthouse- from-tower setback; and 2) Reduce the minimum lot width. In addition, the Applicant is requesting transfer of development rights in the amount of four (4) dwelling units and 13,143 square feet. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for a Mixed-Use waterfront residential consisting of a 16-unit condominium tower with ground floor retail. 2. Pursuant to Section 265-37 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance from the requirements of "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to reduce the penthouse-from-tower setback from 20 feet in the front and sides and 10 feet in the rear to zero (0) feet. 3. Pursuant to Section 265-37(F)(8), the Applicant is requesting a variance from the requirements to reduce the minimum lot width from 100 feet to 97.5 feet. 4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is also requesting the transfer of 13,l43 square feet and four (4) dwelling units of development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment shall be made for a decrease of 2 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida 13,143 square feet and seven (7) dwelling units from the City's Transfer Development Rights Bank). i. Development Review Report. ii. Report from Applicant. iii. Public Hearing. iv. Commission Action. (Deferred from 01/17/08 - Applicant is requesting Deferral to March 20,2008) Protests 0 Waivers o Ex Parte o Action: Community Development Director Robert Solera said that the Applicant's attorney requested that this item be deferred to the March 20, 2008 Commission Meeting. Public Speakers: Estrellita Sibila Estrellita Sibila on behalf of Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., stated that they took over this matter recently and Lynn Dannheisser who is handling it is out of town, and therefore they are asking for deferral of this and the companion item lOA dealing with the TDRs. Mayor Edelcup said that this is the second time that this item has been requested for deferral, and if we defer it this time, this will be the last time, and he asked if she will be ready for the March meeting, and Ms. Sibila responded that they will be ready. Commissioner Goodman moved and Commissioner Brezin seconded a motion to defer this item and Item lOA to the March 20, 2008 Commission meeting, and was approved by voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 7. ORDINANCES FOR FIRST READING 7 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. Action: City Clerk Hines read the title, and Community Development Director Robert Solera reported, noting that the South Florida Water Management District imposed Phase Level III restrictions in South Florida, effective January 15, 2008, no exceptions for Government Facilities, less than five (5) acres can choose one 4-hour window consisting of 4:00 a.m. to 8:00 a.m. or 4:00 p.m. to 8:00 p.m. with odd addresses on Mondays and even addresses on Thursdays. He noted that the South Florida Water Management District indicated that Phase Levels II and III do not require a warning, but as is customary in Sunny Isles Beach, we try to inform everyone first, and so we will issue a warning first as a first offense and after that they will continue with a corresponding fine. Public Speakers: none Mayor Edelcup asked if the declaration as to which phase we are in, will always be done by the South Florida Water Management District, and our actions will be governed by their 3 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida actions, and Mr. Solera responded that was correct. Commissioner Goodman asked about new planting restrictions, and Community Development Director Solera said new plantings have less intense restrictions as it allows them to water their new plants at night from 2:00 a.m. to 8:00 a.m. Monday through Wednesday, for the first 30 days, and then again for the next 30 days. Commissioner Goodman said then that Code Enforcement would monitor that to make sure it is enforced, and Community Development Director Solera said that is correct with the help of the Police Department. He said when they are not there to respond to complaints, the Police Department will respond and then produce a report to Code Enforcement. He said he has also issued articles in the newspaper as well as on the website to indicate that. Commissioner Brezin said she has been following this on Channel 77 and that the City has done an excellent job in presenting this information. Commissioner Scholl said that the warning process is important to give people time to adjust. Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0- 1 (Vice Mayor Thaler absent) in favor. Second reading, public hearing will be held on Thursday, March 20, 2008, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler absent Mayor Edelcup yes 7B. 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. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that development approvals expire within 24 months of approval if the developer does not pull a Building Permit, and at a recent workshop the City Commission instructed staff to create a voluntary program to provide for extension of time for unexpired development approvals. He said the purpose of this ordinance is to create the legal authority that would permit the establishment of a voluntary program to apply for an extension of time for development approvals due solely for economic reasons/market conditions relating to the housing market. Public Speakers: Clifford Schulman, Esq.; Hector Dasso; Estrellita Siblia Mayor Edelcup asked if we should hear item 10E in conjunction with this item, and City Attorney Ottinot said yes. City Clerk Hines read the title of item 10E into the record, and City Manager Szerlag reported that at our last workshop session there were indications by the development community that perhaps the time extensions correlated with the amount of money being requested for the voluntary program was a little steep, and so they have as an alternate proposal to keep the money the same but to double the time frame. City Manager Szerlag presented a power point on an "Alternative Policy for Voluntary Time Extensions", for a two-year extension that would require voluntarily 15% of the balance owed the City, or $500,000 whichever is greater, and there would also be an interest rate on 4 Summary Minutes: Regular City Commission Meeting February 2 I, 2008 City of Sunny Isles Beach, Florida the unpaid balance of7~ % annually and that is an interest only payment, nothing comes off the principal amount for that. He said additionally there would be a third year extension if applicable, and that applicability would be up to the developer after two (2) years, the developer could then pay 7~% of the balance owed the City or $250,000 whichever is greater. He said if the economy does not become conducive to the housing market there would be a fourth year extension with the same conditions as the 3rd year. City Manager Szerlag said there are also other requirements: the developer will forfeit vested rights/zoning estoppels; the site in question will be maintained to look more like a park than a construction zone and will include installation of decorative fencing; within 60 days notice by the City the developer will be required to underground all the utilities or pay the City its pro-rata share to do so; and because the program is voluntary, it will be administered administratively, and that is not to say that at some future point in time the Commission says that times are good and to stop the program. He also presented two models which assumed that the developer owed $3 Million Dollars in one and $6 Million Dollars in the other, with a matrix that indicated what the principle of interest amounts would be under certain time frame extensions. City Attorney Ottinot said that this extension would cover Building Permit fees, TDRs fees, and Bonus fees, however, this extension will not cover any mitigation payment or voluntary contribution that a developer has agreed to provide to the City as a condition of the zoning approval. Clifford Schulman, Esq., said that they are very grateful that the City Manager and the City Commission, as a result of the workshop, took a relook at the formula that was originally proposed and came up with a different recommendation, so he is going to ask that it be approved but it is still too much money. He said the market is still down and money is scarce, not only money but the ability to get a construction loan as well. He went through Model Two, as an example, what the developer paid you as an upfront 3-day 10% plus what the Manager is suggesting plus interest for two years, you are asking the developer to come up with $1.8 Million Dollars, additional, non-refundable for a two-year extension, and for four years he would have to pay the City $3.5 Million Dollars including what he already gave the City, the $600,000 plus interest. He said that his clients are not coming up with that kind of money because it comes out of the developer's own pocket. He said this program is voluntary, it is better than it was at the workshop, if you are going to approve anything, please approve it, but please consider that $500,000 today is $5 Million Dollars of two years ago, and he is asking that the City consider the economics. He said the developers have a carrying cost, for example, a developer has a 1 OO-foot lot on the ocean without this program, just in real estate taxes alone plus interest payments if you paid an outrageous amount of money for this property which most of these people did a few years ago, is running $5 - 6 Million Dollars just to carry the property and not have it foreclosed. He stated on top of that you are talking about a four-year extension, an additional $3.5 Million or an additional $l. 8 Million, and he is concerned that developers will say that they will give it up and take their chances two or three years from now and pay their attorneys the amount of money that they need to come back to the City and get this approved again. Hector Dasso, the owner and developer of the property located at 17475 Collins Avenue, also known as Park Place on the Ocean located immediately to the north of Samson Oceanfront 5 Summary Minutes: Regular City Commission Meeting February 21,2008 City of Sunny Isles Beach, Florida Park, said he is appearing today to ask the Commission for their consideration in recommending a more flexible payment plan for this extension plan. He said we are experiencing the worst credit and financing crisis in the last 25 years, and lending institutions simply are not able to finance projects today, and as a result the developers need an extension in order to secure financing and obtain sales. He said in his particular project, they are paying approximately $4 Million Dollars per year in interest and taxes, they purchased the land two years ago, and will need another two years in order to start construction, therefore, they would have paid $8 Million Dollars before they even break ground not considering architectural fees, etc. He said that they are prepared to pay for the extension but are requesting a payment plan, a payment of the two-year extension in two installments, and if the City could make it 10% instead of the 15% up to $500,000, a little flexibility will greatly help them. Estrellita Siblia, on behalf of Urbis and Key International with their project at 400 Sunny Isles Boulevard, said that they were part of the development community that came out to the workshop. She said that Mr. Ardid, who is the developer behind the projects, has engaged Mr. Goodkin to prepare a Market Study of the market condition here in Sunny Isles Beach taking into account the approved projects, the projects in the pipe line, and really what that absorption rate would be over the next couple of years. She said this would give us a better picture of how this whole thing would play out, and how the time limitations that the City is considering tonight, how reasonable they would be in the current market situation in going forward. She said that they are delighted that the Commission is considering this and that management and staff are working on a solution that would be friendly to the development community but they ask that the City also consider that report, which Mr. Goodkin was unable to produce for this meeting but that the Commission would have it in time for second reading of this ordinance. Mayor Edelcup said from the time we had the workshop until this evening, we were fully aware that the housing recession in South Florida is not a momentary pause but something that will probably last for a number of years. He said that is why they are being responsive to the workshop comments, one to two years would not be completely justified in solving what is hopefully a short-term problem, and so it is important that we did increase the time going out as far as four years. He said as a reminder, that four years is really like six years because there is still that two years from the time that you take your Building Permit to the length of time that that permit is valid, so that in effect we are moving this out to six years. He said the voluntary program is set up basically so that if someone were to avail themselves of the four- year extension and the housing market turned around in two years, he doubts ifthere would be any developer here waiting for the two extra years. He said he thinks the developers are going to start their projects when the economic climate produces a positive impact for them, whether that be two years, three years, or four years, and so he thinks the extension of time to four years is something that is very reasonable for them to do. Mayor Edelcup said as to the dollar amount, that is always an arguing point no matter where you start, whatever number we throw out it is going to be countered by somebody else asking for another one. He said in effect we did lower it by extending the period of time, and again, instead of one year you can now get two years with the same 15% and any developer can first buy into the two years, and then come back to this Commission at a future date, assuming that 6 Summary Minutes: Regular City Commission Meeting February 21,2008 City of Sunny Isles Beach, Florida there was still a recession and the Commission is still allowing the administrative voluntary program to go forward. He said you can buy the entire four years today, and put your mind at ease that there won't be any change in what the Commission will want to do two years from now, or buy it in increments or installments, that is a decision that the developer is going to have to make. Commissioner Goodman said we started out when the developers had two years to pull the Building Permit, and he knows things are tough and that they should offer them another two years and then come back, he doesn't think it is fair that the City extends it four years, that would make it six years, so he would be in favor of extending it for two years and then come back to the Commission to see where things are. Mayor Edelcup responded that he would rather see them get the four years up front because if they are ready to build in two years, they will, they are not going to sit and wait two extra years, and if they are not ready to build in two years they will only be back in front of us again. He said by limiting it to two years only means that we are going to have to listen to a plea two years from now that we can take care of today, they are going to start when the economy is ready, and it may not even be in four years. He said why not just give them the latitude that they can start whenever they want to start over the four-year period. Commissioner Brezin said that she too felt at one point that they would be coming back but after thinking about this she came to the same conclusion that the Mayor is referring to, the builders have the land, they are anxious to build, they have their site plan, everything is in order and they are ready to go, but because of conditions today they are unable to do what they would have done if conditions were better. She said that there may also be some changes during that time period in the Commission, we may not be here, other people may be in and she would like to give them that protection and give the developer the additional time because she feels that the developer is anxious to proceed with it. She said that she is not in favor of changing any of the terms, it is a voluntary program, and let's hope that the economic conditions do change, and in the interim of your own accord you will come forward and say it is better and we can proceed with this. Commissioner Scholl said for those who participate in the program, it is good for the City and it is good for the developer, meaning the City also wants to see every project built in the City successful, the faster a developer can come out of the ground when the market improves, the better it is for everybody. rfthe developer doesn't have to go through the entitlement process again and spend a year, a year and a half, the City doesn't have to spend its resources as well in that entitlement process, and as far as the time frame, he has always been in favor of a long timeframe. He said in reference to Commissioner Goodman's point, business people need certainty, they need to know that their exposure is xxx and going out two years, and then having another process, and as Commissioner Brezin pointed out, this Commission could change, sentiment could change, a lot of things could change that takes away that certainty from these developers. He said that the fact is, even though they have to pay, at least if they know if they pay they have certainty, and so they can, in some instances, go to their lenders and say that this City passed this and this is the certainty. As far as the amount is concerned, there's some tipping point and that is what the Mayor was referring to, and it is hard for him to determine what that tipping point is, obviously ifhe were in a developer's shoes he would want it less. He said the City also made an investment in this process with anticipation of a 7 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida revenue stream in the future and the City Manager has his own budgetary issues to contend with, and so he thinks after we hashed it out internally, they came to the conclusion that this would meet some tipping point, the tipping point meaning that at some level a developer is going to partake in this program voluntarily and at some level they are not. He said he thinks the current structure is clearly significantly better than it was on the first round, and that staff worked diligently to get it there, so he is in favor of it the way it is structured today and he believes that the certainty of being able to buy four years is very material to the economic conditions that we are facing today. Commissioner Goodman said that they also brought up the fact that if they are going to buy the four years, the first two years are fine with the interest rate, but then the second two years they are complaining about the cost being too much so there are no negotiations. Mayor Edelcup said that they don't have to go the four years, and Commissioner Goodman said yes but you are offering them the four years, if you are giving them the two years, then we could negotiate back. Mayor Edelcup said that is less important to the development community, they need more certainty, you can't predict when this market is going to turn around, it may take way beyond two years and he would rather help the development community right now, and keep their projects alive, then to have to come back before an entirely different Commission and plead their case, and take whatever comes from that Commission meeting, which is less certain for them and more likely for them to decide that it is not worth that risk. He said that he thinks there is a balance and we are achieving that balance. Commissioner Goodman said that he thinks that they are still talking about the money aspect of it, and Mayor Edelcup said that he thinks the money is less important than the time, he heard the same thing and he interprets it differently. Commissioner Scholl said today we are all sitting here rationally approaching this and saying okay, we want to do something that we believe is reasonably developer friendly in terms of policy, and the fact is that in two years some of us could be voted out of office and not be developer friendly and that is the issue of uncertainty. City Attorney Ottinot noted that the Ordinance does not have the program, just the legal authority, and so the policy requires a resolution [Item 10E]. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of3-1- 1 (Commissioner Goodman against, Vice Mayor Thaler absent) in favor. Second reading, public hearing will be held on Thursday, March 20, 2008, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman no Commissioner Scholl yes Vice Mayor Thaler absent Mayor Edelcup yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-23(G)(2) of the City 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. 8 Summary Minutes: Regular City Commission Meeting February 21,2008 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the purpose of this Ordinance is to clarify the date of the expiration for the TDRs. He said that this Ordinance clarifies the timeframe, and provides the City Commission with the authority to grant additional time for the utilization of private TDRs. Public Speakers: none Mayor Edelcup said that this is basically running in conjunction with the previous items (Items 7B and 10E) that we have handled that if TDRs were to otherwise have expired that they can be extended and there is an administrative fee of $1 0,000 to handle it. Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0- 1 (Vice Mayor Thaler absent) in favor. Second reading, public hearing will be held on Thursday, March 20, 2008, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler absent Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None 10. RESOLUTIONS lOA. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $2,800,000.00 for the Property Located at 488 Sunny Isles Boulevard, 488 Sunny Isles, Inc. (the "Applicant"), (TDR07- 01); Providing for the Acceptance and Payment by the Applicant of$841,152.00 for the Transfer of Development Rights ("TDRs") in the Amount of 13, 143 Square Feet of Floor Area and Four (4) Dwelling Units; Providing for 10% Deposit for TDRs; Providing for Adjustment of the Balance ofTDRs from the City's Bank to Reflect a Decrease of 13,143 Square Feet of Floor Area and Seven (7) Dwelling Units; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing For An Effective Date. (Deferred from 01/17/08 - Applicant is requesting Deferral to March 20, 2008) Action: [City Clerk's Note: See action under Item 6A.] This item was deferred to the March 20,2008 Commission Meeting at the Applicant's request. 9 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Pay Plan for Sworn Police Officers; Establishing Effective Date of Pay Plan; Providing for Periodic Review of Pay Plan, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag reported that one of the reasons that we incorporated as a City was to establish and maintain a first-class Police Department to protect and serve our residents, businesses, and visitors. He said that this objective is underpinned by a culture of professionalism for patrol officers, sergeants, command staff and City management, and in order to maintain that culture of professionalism, we need to be competitive in pay and benefits when compared to surrounding communities. He said about five years ago we established a step plan for patrol officers and sergeants, at that time we were competitive, however, the minimum and maximum payments entry level and maximum threshold were static along the number line and so although there was an increase every year, we never increased the starting payor maximum pay, and we went from competitive, to comparable, to below average when compared to surrounding communities. City Manager Szerlag said that when we became cognizant of the situation, we took steps to rectify the manner, and the approach we took was called an interest-based approach as opposed to traditional bargaining, as such we established ajoint committee of management and Police personnel, to act as fact finders to select comparable cities and review contracts, and this saved us months, and by taking an interest-based approach, we charged both management and patrol officers and sergeants to come up with one uniform protocol and interpretation. He noted that Michael Braverman, Esq., who was a consultant for the patrol officers, was of great benefit and brought a lot of experience to the table as well. He said once the Committee performed their work, Chief Maas and him met with the officers and Mr. Braverman to develop a new pay plan and they all believe that this is a competitive pay rate, and they defined competitive as not being the highest paid officer or sergeant but being at the 75th percentile in terms of the check that is taken home. He noted that Exhibit "A" on page 59 of the agenda packet, consists of a proposed pay plan for sergeant which they have reduced from eight steps to six steps, and a proposed police officer plan which is still maintained at eight steps. He said this pay plan will be calibrated every two years using the same benchmark cities ofBal Harbour, Aventura, Surfside, and Hallandale Beach. He also has a recommendation to increase the pay rate for captains but he doesn't need the Commission's approval for that but he indicated before that when he came across management positions that he thought needed calibration he would just make that happen and advise the Commission. Public Speakers: Michael Braverton, Esq. Commissioner Scholl said he is happy that we have reached a resolution and that it was done in an expeditious manner, and is very pleased with the Police Department's professionalism and their attitude toward the community. Commissioner Brezin said she is very proud of our Police Department and is in favor of the plan. Commissioner Goodman congratulated the Police Department. Mayor Edelcup said that we have always had, and always intend to have the number one Police Department in South Florida, and it is an honor to be the Mayor of a ]0 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida city that has such a great Police force and he knows that they have been recognized throughout the world, and he thanked Chief Maas who has worded diligently these past lO- Il years to build this Police Department into the shape that it is in today. He is pleased that this is resolved and that we are taking steps to make sure that we review this on a bi-annual basis instead of waiting every five years. Chief Fred Maas said in those ten years we made a commitment to go out and find the very best in police officers who would never say no to anything that they were asked to do, and the City has thrived as a result of the safety of the community and the reputation of safety that the City offers and by virtue of that, he thinks the officers have thrived as a result of this Commission never having said no to them, and he does think that it was a tremendous boost for both sides when the City Manager stepped in along with the Commission's support and said, let's talk and get this done. He said they feel very fortunate with this Commission and especially that the Commission is doing this in a very tough time as there are people out there struggling. They owe the Commission, and everyone that worked on this, a debt of gratitude, and he thanked them for their support. Michael Braverton, Esq., representing the police officers, said he was pleasantly surprised as he had not had an opportunity to work with the City Manager, however he has had the pleasant experience of knowing the Chief for a long time and a number of the City's officers. He said he has been doing this for a long time and he said the group that he represented are overwhelmingly happy with what has taken place and it really is a credit to you all to go out and use this type of model. He said he is a traditional union type of guy, he represents the union, the PBA's and that is his home, but when he came here he saw a group that was genuinely interested in reaching an agreement and getting what was needed for these people, and he appreciates it very much and thanked the Commission. City Manager Szerlag said it was very easy to do with the direction that he received from the Mayor and Commission and he thanked them for their latitude. Commissioner Brezin said this Police Department takes care of us, and it is our responsibility in turn to take care of our policemen. Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1219 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Third Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A), to Provide Project Management, Engineering Testing, and Quality Control Services for the Construction of the Central Island Drainage Project, in an Amount Not to Exceed $278,355.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported, noting that this will not only solve drainage problems for a large portion of the community, it is also going to provide a beautiful streetscape system for our community. He said this II Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida project is going to be very sensitive to the residents in the areas because they are going to be impacted drastically, their ingress and egress is going to be effected on a daily basis for an extended period of time. He said that we want to make sure that we get in and out of the school area, and to make sure that we don't impact the wonderful new opportunity that we have with the school, so as part of this contract we are asking them to do several things. Not only will they be performing all of the testing, inspection and engineering services for the project as it progresses and is in construction, but they will also have George Sokola here from BHA, who will be involved in this project on a daily basis, 8-hours a day, to make sure the citizens are involved in it and that they understand exactly what is going on, and they will help the City act as liaisons to the residents. Public Speakers: none Commissioner Goodman asked if this is just the engineering part, and City Manager Szerlag said yes, and Construction Manager. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1220 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 07-10-02 to and Entering into an Agreement with Southeastern Engineering Contractors, Inc. for the Construction of the Central Island Drainage and Street Improvements Project, in an Amount Not to Exceed $3,635,852.02, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag said that this is the actual construction of the project, and he utilized services of Assistant City Manager Jorge Vera, and Public Works Director Rick Conner, as well as our Consultant Engineer who is now going to be our Construction Manager, and they did some fact finding for him on the bids that were submitted, and he is recommending that the bid be awarded to Southeastern Engineering Contractors, Inc. who is the second low bid, they are high by about 2.9%, and the primary reason for this recommendation is that Southeastern Engineering Contractors has a great percentage of work performed by their own forces. Public Works Director Rick Conner reported, noting with Southeastern controlling their workers rather than having subcontractors, it could make a significant impact on how well this project progresses. Public Speakers: none Mayor Edelcup said that this is a massive project that will cause a lot of disruption for a long period oftime, and it is important that we communicate this to the community, the timeframe that is expected, the approximate times that certain areas of the City are going to be inconvenienced, and what alternatives are being suggested to them to be able to navigate to and from where they live. He said that the Sunny Isles Boulevard project is minor compared to this project as this is much more pervasive throughout the City, and it does really effect 12 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida probably half of our residents if not more, and he thinks that we need to make sure that we communicate with our residents, whether it be a mailing to each resident involved, or Channel 77, Sunny Isles Beach Newspaper, and he thinks that we should have full press on a public relations approach to handling this project, everyone will enjoy the end result, but certainly he knows that we are all going to be inconvenienced throughout the term of the project, and we need to mitigate that as best as we can. Public Works Director Conner said that George Sokola from BHA has given some suggestions that we haven't even thought of about how to contact the residents and citizens, we will do the mass mailings, we will have the public hearings, and they will be informed in this case, and that is why he is happy to have them on board because they have additional suggestions on how to do that. Commissioner Scholl said if it requires mailing the property owners and their commercial properties, then we should also mail the business owners, and/or post it or hand it to the business owners. Commissioner Goodman said it is mostly home owners, condo owners, the church, the temple, and Mayor Edelcup said there are businesses on the backside of Atlantic Boulevard which are also impacted by this. City Attorney Ottinot noted for the record that we received a bid protest from one of the bidders with respect to this award, and a representative from Tran Construction is here tonight, and basically we will provide that protestor with an opportunity to argue his or her case before a hearing officer in the immediate future. He said the representative indicated that he wanted the City to stay the award, and City Attorney Ottinot indicated to him that we will proceed and that we will not stay the award, and that we have every legal right to proceed and go forth with this project. Mayor Edelcup said then that you don't see any impediment of the Commission acting tonight, and City Attorney Ottinot said no, that the protestor will have an opportunity to argue his case before a hearing officer. Commissioner Scholl said that he asked the City Attorney the same question about the low bidder versus the 3 % differential and he agrees, the fact that they are going to self-execute the work is very material and warrants that 3% difference in price from our perspective, and especially since they have been checked out and are happy that they are as strong as they appear to be. Public Works Director Conner reiterated that the comments that they received on the low bidder were positive, they are a good firm, but this is a specialized firm that is going to do this work in-house, and we think it is a better marriage of needs and opportunity and so there is nothing negative about the company, it is just what we feel we need to do this job, and Mayor Edelcup said it is part of the selection process. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1221 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Recommendation of the City Manager to Implement a Voluntary Time Extensions Program for Development Approvals and Transfer of Development Rights; Providing the City Manager with the Authority to Establish Administrative Regulations to Implement the Extension Requests; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for Effective Date. 13 Summary Minutes: Regular City Commission Meeting February 21,2008 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: An Alternative Policy was distributed prior to the meeting See action under Item 4A, and Item 7B which was heard in conjunction with this item.} City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: Clifford Schulman, Esq.; Hector Dasso; Estrellita Siblia City Attorney Ottinot clarified that this program would be adopted with the conditions that were handed out prior to the Commission meeting and presented during the power-point presentation. Commissioner Scholl asked if anybody is expiring during these readings [Building Permits], and City Attorney Ottinot said this program will not be effective until second reading of the Ordinance (Item 7B) on March 20, 2008, and that there may be one project, the Da Vinci project, that has an expiration date of March 15, 2008, and that is the only project that he remembers. Mayor Edelcup said that if they were to request an extension, we could grant them a 30-day extension, and City Attorney Ottinot said that would be at the discretion of the City Commission. Commissioner Brezin asked how that would be resolved, and City Attorney Ottinot responded that the Commission can resolve that even tonight by instructing the City Manager to provide an opportunity for them to participate in the program. Mayor Edelcup said in fairness to any project that were to expire between now and the second reading date that we hold that time until the second reading date of the Ordinance. Cliff Schulman said he is making an oral motion, representing Da Vinci, they are the one project caught up in that, if the Commission could possibly extend this another 30-days so they can have the voluntary ability to take advantage of this. Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1222 was adopted by a voice vote of 3-1-1 (Commissioner Goodman against, Vice Mayor Thaler absent) in favor. Mayor Edelcup said that they will now orally handle the request for the Da Vinci and ifthere is any other project as well, to include that. Commissioner Scholl moved and Commissioner Brezin seconded a motion to give Da Vinci a 30-day extension to the April 17, 2008 City Commission meeting, and any other project that is expiring within the time frame before second reading of the ordinance. The motion was approved by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. City Attorney Ottinot said that the oral motion will be turned into a Resolution (Resolution No. 2008-1235) as follows: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2007-1170, Extending the Time Required to Obtain a Building Permit Pursuant to Zoning Application Submitted by Mully ("Da Vinci"), (Z2007-07), on the Property Located at 17141 Collins Avenue, in Accordance with Section 265-11(L) of the Land Development Regulations; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 14 Summary Minutes: Regular City Commission Meeting February 21,2008 City of Sunny Isles Beach, Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Entering into an Agreement with Solid Resources, Inc. for Emergency Debris Disposal Management Services, in Response to Request for Qualifications (RFQ) No. 07-10-01, in an Amount Not to Exceed $103,660.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported, noting that this firm will provide three major services: 1) develop an Emergency Debris Management Plan and obtain FEMA approval; 2) develop an RFP to guarantee the services of a professional debris removal company; and 3) manage the debris removal in the event of a natural disaster. He said that FEMA will pay that manager for the City because in the long run it benefits everyone, they will make sure it is done right, and so there is no out-of-pocket expense to the City when the event occurs. Public Speakers: none Commissioner Scholl asked how do we know that the firm doesn't over commit the resources, and Public Works Director Conner responded that it was covered in the RFQ, we wanted to know what their client list was, how they are going to allocate their people to us, and this firm gave us the confidence that they had the resources dedicated to us. Commissioner Scholl said that the very nature of that type ofa firm, how do they keep their resources on staff when there are no disasters, and when the disaster hits how do they know that they didn't over allocate for disaster in a certain region. He said that he is assuming that we are paying for the expertise to evaluate that but it seems very material that we need that expertise because he would find it to be very hard pressed to try to make an analysis of a firm of that nature and know that they could actually deliver the goods when the time comes because it would be terrible to have a firm on retainer and then they are not available. Public Works Director Conner said there is no guarantee, what they looked at is, has their experience proven when they make the commitment that they find the resources. He said that all but one of the firms are large national engineering firms, so when they are not doing this specific work, they are doing design of other major projects and so when there are no emergencies, they are off doing sewer plans, or water plans, etc. Commissioner Scholl said then that his follow-up question is that there is no way that these firms are bonded in any way, by the nature of the industry it doesn't provide a bond that if they blow it and we pay them that we have some recourse against them, it is not so much the study but it is the firm that we contract with, and Mayor Edelcup said that it is Item 2 in the report. Commissioner Scholl said he is not talking about the study, it is the firm that we end up with, we are going to go out and say that we want to have this firm on retainer, we are going to pay them to have their availability and when we call after the hurricane that they will come in and clean up, and the fact of the matter is if they over commit because it was easy to take money from people when there was no hurricane, so do we have any recourse, and that is what concerns him. He said that he is assuming that we are paying, that we are devising a plan to help us evaluate those firms. Public Works Director Conner said that is exactly what step 2 is, they need to develop the RFP, and they will make the recommendations in conjunction with the City Attorney's office to say we want some 15 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida guarantee of performance. He said that we will take some steps, we will protect ourselves, we will get a large firm, we will get one that is proven over a long period of time that they are competent and will perform. Mayor Edelcup said Lukes' has been doing it for us in the past as part of their contract, from day one when they got the contract from the City for maintenance, it was their obligation to come to us at first call for any debris removal because of a hurricane or natural disaster, and they would be one of the firms, he presumes, that would be bidding on this as well. Public Works Director Conner said that he and Lukes' had talked about this and they made a personal commitment to him and said that they will be there for us whether we contract with them or not, and so we know that we have some kind of backup. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1223 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 07-10-04 to and Entering into an Agreement with Lukes-Sawgrass Landscaping, Inc. for Landscape Maintenance Services, in an Amount Not to Exceed $500,000.00, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1224 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. lOH. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Addendum to Agreement with Spillis Candela DMJM for Additional Services for the Heritage Park and the Parking Garage Project, in an Amount Not to Exceed $15,000.00, 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 Hines read the title, and Assistant City Manager Jorge Vera reported noting that this is for additional services for mapping boundaries and all of the underground utilities in Heritage Park. He said that Spillis Candela contracted with Keith and Associates Consulting Engineers to perform these services. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1225 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 16 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin Giordano & Associates, Inc. to Design an Addition to the Pelican Community Park Gymnasium to Add Restrooms and Showers as Part of a New Locker Room Area, in a Total Amount Not to Exceed $34,740.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Jorge Vera reported. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1226 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10J. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase ofTen (10) Bus Shelters and Internal Lights from Tolar Manufacturing Company, Inc., Pursuant to City of Coral Springs Agreement #05-B-136M, in a Total Amount Not to Exceed $78,800.00, as Quoted and 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 Public Works Director Rick Conner reported. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1227 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Accept by Execution of, a Boating Improvement Grant with the Florida Fish and Wildlife Conservation Commission, to Repair the Dock at the Bella Vista Bay Park Located at 500 Sunny Isles Boulevard, for Up to the Amount of$195,000.000, with Matching Funds of$440,000.00 from the City, with a Total Project Cost of $635,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Jorge Vera g reported noting that the funds would be used toward the cost of repairing the seawall and dock at Bella Vista Bay Park. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1228 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 17 Summary Minutes: Regular City Commission Meeting February 21,2008 City of Sunny Isles Beach, Florida 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Receive and Accept by Execution of, a Miami-Dade County Landscaping Committee Grant for the Collins Avenue Streetscape Project, in the Amount of$200,000.00 with 50% Matching Funds from the City, with a Total Project Cost of Approximately $800,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Jorge Vera reported noting that this is the area under the William Lehman Causeway. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1229 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Judge Robert Newman, Maurice Donsky, Sonja K. Dickens, and Jimmy L. Morales as Special Masters, for a Period of One Year, in Accordance with City Code Section 14-3; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1230 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement in Substantially the Same Form with AT&T Business Systems for Installation and Support for Phase 1 of the Wireless Island Project Including Installation of Wireless LAN, WI-FI Hotspots at the City's Public Parks, and Installation of Core Network Components at the Datacenter, in an Amount Not to Exceed $242,115.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: Revised Resolution distributed prior to meeting See action under Item 4A.] : City Clerk Hines read the title, and Information Technology Director Edel Fonseca reported, noting that the Community Center currently has WI-FI up and running, and this project gives the ability for all the public parks to have internet access for all residents and visitors that go to our parks. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1231 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 18 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement in Substantially the Same Form, with Offshore Super Series Powerboat Racing Association (OSS), for Off-Shore Powerboat Races in Sunny Isles Beach Sched uled June 21-22, 2008, in an Amount Not to Exceed $125,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: Updated Report, Signed Agreement and Budget distributed prior to meeting See action under Item 4A.] City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported, noting that a new budget was distributed and in that budget it shows what OSS will be paying and what the City will be paying, this adjustment was made so that the City will not be financially liable for anything more than $125,000, and ass have agreed and faxed us a signed contract with the original in the mail. Public Speakers: Arie Steiger Mayor Edelcup asked if we have a firm commitment from the County, and Cultural and Human Services Director Simpson said in the budget the County has agreed to let them use the site for a fee and that fee is included, and they have given us estimates for Miami-Dade County Fire and Police services, and again, OSS has agreed to pay that per the agreement that we have. Mayor Edelcup said then that there is no way the County can bill us afterwards and expect us to pay it, and Ms. Simpson said that is correct. Commissioner Brezin said then that the $125,000 is our limit, and Ms. Simpson said the $125,000 is paid to ass which is to be all operational costs plus the original $90,000 that they had proposed to us, and in addition to that we will have approximately $20,000 worth of City staff time that we are responsible for, for a total of$145,000. She said depending on whether or not we have additional sponsors where we so choose to put up tents, provide banners for the sponsors, produce commercials for the sponsors, all of those things are in the budget as optional. She said those items we will only move forward with at our discretion if we have sponsors and we want to go to that level but it is not required in order to have the race. Commissioner Brezin asked what the bottom line is, if all of these things are important for the success of the function and that function will not be successful without all of those things, or a good portion of the things that we would be responsible for, she would like to have a better estimate of what the total cost would be because obviously they are of importance to the success of the function, and we don't have a bottom line cost on it. Ms. Simpson said the maximum that we would be responsible for is $173,000 if we so chose to go with it, and it is noted in the budget. She said if we had $100,000 worth of sponsors who, we would then want to have a VIP area, those items are not included, if that comes up we will come before the Commission perhaps as a discussion item. Mayor Edelcup said that this is the number that we are going to approve, so don't come back to them for any add-ons as they will not look favorably upon it. Ms. Simpson said for clarification, if we have sponsorship that would cover that extra so the City will not be putting out for it, and Mayor Edelcup said no, because the City's portion of $125,000 in many of their minds was going to be reduced by the sponsorships that we were 19 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida going to sell, the City recognized that we were going to save some $30,000 worth of fireworks display, and maybe donate another $50,000 or so to this particular project, so in his mind he expects the City's bottom line, write the check at the end of the performance for something under $100,000, the $50,000 and the $30,000, if we were to be so successful to sell out everything else and the City's cost was reduced from that. He said that he doesn't think we need to be thinking, if! get more money how do I spend it, he doesn't want to be in that position. Commissioner Scholl said that the only thing he wants to clarify to give Susan some flexibility is, if a sponsor says, I will give you $50,000 if you have a VIP tent, and the VIP tent costs $20,000, and we net $30,000, if there is a quick pro quo and the costs go down on a net basis, then that is probably something worth coming back to the Commission for. Mayor Edelcup said in taking the worst scenario, that you have a $178,000 cost and we know that we have already sold $30,000 of that sponsorship, so we are at $148,000 and we were going to spend another $30,000 on fireworks, so he would expect that we will not be looking at spending more than another $118,000, and if anybody wants to have something extra, then they are going to pay for it, not us. City Manager Szerlag said that we would come back for a budget amendment, and Mayor Edelcup said yes but not to come back until after the fact. Arie Steiger said if this is a success, he thinks the following years will all be paid by sponsors, he thinks this will be a one time expense to the City. Mayor Edelcup said lets hope that you are right and that you and the others that are behind this program will help market it so that our costs will be coming down. Commissioner Brezin said then that this is like a new business, this is going to be start-up costs, and in years to come it could be a profitable endeavor for our City. Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1232 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Additional Code Enforcement Staff Positions for the Community Development Department and Extending the Agreement with Calvin Giordano & Associates for a Contract Code Enforcement Officer; Authorizing the City Manager to Include these Positions in the Current and Future Budgets, Provided Funding is Available; Further 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 Community Development Director Robert Solera reported, noting until the time the new staff members are hired we would like to extend the agreement with Calvin Giordano and Associates for a contract Code Enforcement Officer for a period of up to 90 days, and once the Department hires a new Code Enforcement Officer, the agreement with Calvin Giordano and Associates will be terminated. Public Speakers: none Mayor Edelcup said the extension for 90 days with Calvin Giordano is an expensive proposition that we have been going through for the first 90 days, and he would like to make sure that this is the last 90-day request on this, if we can't find somebody then he really 20 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida doesn't want to see this renewed at this expense to the City. City Manager Szerlag said this extension is for up to 90 days and he hopes to get someone on board in about a month. City Manager Szerlag asked in terms of the experiment if the Commission has any comments to make on having a Code Enforcement Officer being assigned essentially for the Collins Avenue corridor, and Sunny Isles Boulevard. Mayor Edelcup said that this has been a proponent that he has been championing for a long time with his walks up and down the City and if the Vice Mayor was here today, he is sure that he would comment likewise, that we really need to make sure our face of our City looks presentable to the public, to tourists, and to people that look upon Sunny Isles Beach as a new model City. He said by having these extra people having the ability to monitor that is a plus for us, and certainly he definitely is in favor of this in the long run experiment. He said as far as he is concerned, it is something that we now need to do on a day-to-day basis, and what he has seen, things are looking a lot better with the City now that Code Enforcement is doubling their efforts to bring it to fruition. He said that he knows that we still need to get some coordination between Code Enforcement and the Building Department because on some of his walks he understands that there has been some misinterpretation of what one department is expecting the other department to do and he would be remiss ifhe didn't bring it out that we need to make sure in the future, if there is a Code Enforcement problem that we don't have a problem of enforcing it because of conflicting views in the Building Department. Community Development Director Solera indicated that the new program that is in place will be in a department that touches Code Enforcement and in our Department as well. He said that it provides a better link between our departments in terms of the amount, the situation of locations, and whether violations have been issued or not. He said that their success is not only theirs as the Public Works Department works in tandem with them because most of the issues that are out there, are issues that are related to Public Works. He said that they are able to work with Public Works to resolve those issues and they have been very cooperative and have worked diligently to fix them. Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1233 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Budget Amendment to the Fiscal Year 2007/2008 Budget, to Fund Various New and/or Additional Goods and Services Not Included in the Approved Budget to Include a Revised Police Pay Scale Plan ($282,000.00), a Contract for Emergency Debris Removal Management Services ($103,660.00), Code Enforcement Staff Changes ($73,800.00), Dog Park ($55,000.00), Bus Shelters ($78,800.00), and the OSS Boat Racing Contract ($65,000.00); 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 Assistant City Manager/Finance Doug Haag reported. Public Speakers: Isaac Aelion 21 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida Mayor Edelcup said he has no problem in approving this, however, he believes that when material like this comes before them we should also be looking to see if there are any downward revisions, we only seem to be making upward revisions which he personally does not necessarily want to approve in black. He said that there are items today that could offset these and therefore not totally increase the budget by $659,000. He said that he would like to approve this request with the proviso that the City Manager comes back next month and gives us the minus ones. He said as an example, Pelican Park had a budget for the entire year which we now know, we are in the fifth month of this fiscal year, is not going to be spent from day one, and so he believes there is a major significant reduction there that should come in. He is sure that there are others in various departments as well, for example, we had planned for a Purchasing Agent who is yet to be hired, if that happens it would be for only part of the year so that cost is also a reduction. He said it is very easy to come in here and ask for the pluses but he wants to put the City Manager on notice that he needs to give us the minuses as well, and his challenge would be to see how much we can reduce that $659,000 for the March meeting. City Manager Szerlag said he would like to do a couple of things, one is to specify that this is a philosophical decision that is being made to come up with a budget amendment essentially every time there is an approval by the City Commission via legislation to proceed with something. He said that every item on here can correlate with the Commission resolution, some cities actually take those resolutions and maybe twice a year come in and say here is a slate of approvals that the legislative body approved and this is your extra cost, we can do that, we can do it on a monthly basis or as they occur. He said he can ask Assistant City Manager Haag to prepare this but he prefers to do it on a quarterly basis because of the work load involved as there are a couple thousand line items that have to be checked constantly to get a gauge on what the reductions would be. He said we make amendments based on the Commission's resolutions, and if we can proceed on a quarterly basis we can have an adjustment of what has been added, either by recommendation of the City Manager or by initiation of the Commission, against cost savings that we have, so that the result is not always an amendment that results in a reduction in our fund balance. Mayor Edelcup said that he has no problem doing it on a quarterly basis, but like he said, he would like to see those in because every time we add these pluses it is taking away from our unrestricted surplus and he would prefer to maintain the integrity of that as much as he can. He said that certainly we can look at it in the overall, and that is not to say that on a quarterly basis we wouldn't be adjusting upward in some areas where we had undershot the estimate up at the front end, but he thinks it is good fiscal training to try to be more current on our dollars and cents, and know exactly where we are going. City Manager Szerlag said that we now have the budget document that can accommodate that. Mayor Edelcup said again that for the March meeting he would like to have Doug Haag look at it through February which is more than the quarter, he doesn't want to come back andjust do it through December, he would rather do it October, November, December, January, February, and then we will play catch up maybe three months from now again. Commissioner Scholl asked when we pass a resolution for these types of items that are not budgeted, we are not approving the transfer of the funds to pay for that by virtue of that 22 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida resolution, we need a second resolution to transfer the funds and that is what we are doing here, and Mayor Edelcup said that is correct, this is saying the source of the funding is going to come, and the only place it can come from is surplus. City Manager Szerlag said in an example is that more often then not what you will see is a recommendation and in the recommendation letter the last paragraph of every memo indicates one of two things, funds are available in a certain account number, or an amendment will be required. City Manager Szerlag noted that Assistant City Manager Haag is not here tonight because his son, Matt, was called to a second tour of duty in Iraq and he is leaving on Saturday, and so he went up to see him in Georgia, and the Commission wished him well. Mayor Edelcup said that we need an approval of the resolution as it is presented, with a reminder that next month we will handle the reverse side of this. Isaac Aelion asked for clarification, as the other allocations are at par with what was passed by the various resolutions tonight, the OSS contract is practically half of what was approved as stated in the packet, and he also noticed that the approval was capped at $173,000. Ms. Simpson responded that the $65,000 is based on the amount of $125,000 being our maximum paid out to OSS less the $60,000 that we already have, $30,000 from our one sponsor that we currently have, and $30,000 that we were allocating for fireworks that we will now not have, and so the difference is $65,000 which is the budget transfer. She said that the estimate for City staff is Police on the alpha bravo shift for that weekend, and those we will do after the fact after we know what those hard costs really are, and if we need to, if we have sponsors to cover that there may not be another, and Mayor Edelcup said hopefully we will have additional sponsors. Ms. Simpson said that $65,000 will cover the contract amount that we are obligating ourselves to tonight with OSS. Commissioner Scholl moved a motion to approve the resolution. Resolution No. 2008- 1234 was adopted by a voice vote of 4-0-1 (Vice Mayor Thaler absent) in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Presentation on a Generator Incentive Program for Gas Stations and Pharmacies. Action: City Manager Szerlag noted that this item was essentially advanced by Vice Mayor Thaler. Building Official/Administrator Clay Parker reported, and he thanked Vice Mayor Thaler, Assistant City Manager/Finance Doug Haag, Chief Electrical Inspector Alan Kramen, and Chief Fred Maas for their input and help in putting this program together. Building Official! Administrator Clay Parker presented a power point presentation on the Generator Incentive Program for gas stations, pharmacies, and grocery store owners. He said that the estimated cost for equipment is $20,000 to $25,000 per location, depending on the 23 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida type of installation and service requirements for the facility. He said the Incentive Plan will consist of having an agreement with store owners who will pay 50% of the installation costs through either a cash payment or a loan commitment, and could possibly be coordinated by the City with local banks. Mayor Edelcup said he doesn't think the City should coordinate it, and the amount is small so he doesn't think many banks would be interested in handling this loan, and he doesn't want the City going to a bank on behalf of another business in the City trying to induce the bank to do something. He said he doesn't mind giving the 50% cash from us but the owner needs to come up with the cash. Building Official Parker said he thinks the City Manager did suggest that, and the other 50% will be paid for by the City, and the City in turn will stipulate that those businesses desiring to take advantage of the Incentive Plan will guarantee the usage of the equipment during outages, or emergencies or the City will force repayment of the investment. Business owners will also agree at their own expense to provide regular maintenance of the equipment, as well as full replacement of the system if damaged by actions other than force majeure, on an annual basis. He said 60 days prior to hurricane season, the Building Department will perform inspections ofthe system to ensure compliance by the business owners. In speaking with the Police Department, ChiefMaas, and based on the risk that there may be an increase in crime due to the lack of fuel or electricity, there is a possibility of using Police Forfeiture Funds to carry out this project. The estimated cost to implement this Incentive Program will be $100,000 to $150,000 to the City. If this preliminary plan is approved, the City Attorney's Office will prepare the agreement between the City and the business owners, and the Police Department will work on obtaining the required amounts from the Police Forfeiture Fund. The Building Department in conjunction with the City Attorney's Office will prepare an RFP to be distributed to local electrical contractors. Mayor Edelcup said if we were to enter into an agreement like this, make sure that the equipment stays there in the event there is a change in ownership of the business, there has to be a timeframe. Commissioner Scholl said it would have to be a covenant running with the property. City Attorney Ottinot said that he thinks the issue here is if the City is making a $50,000 investment, we need to make sure we keep that investment, and he thinks what we can do is through a grant program we can have certain conditions with respect to this grant, and he said we will work something out. Mayor Edelcup said he thinks it is an excellent program to help incentivize those businesses, and he assumes that we are limiting it to those that match our ordinance, that it is gas stations, pharmacies, and grocery stores of certain size, and Mr. Parker said that is correct. Commissioner Goodman asked if we have some establishments that already have that equipment, and Building Official Parker said some gas stations have transfer switches, and Publix has it, but they may not all have the size of equipment that they really need or want, so this could help them too. City Manager Szerlag said he would come back next month to formalize the program, and he will also need a budget amendment as well. 24 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida 12B. Discussion regarding Commercial Vehicles "Resident Only Zones". Action: [City Clerk's Note: A map indicating Parking Zones distributed prior to meeting See action Item 4A.] Community Development Director Robert Solera reported noting that this came about because the Condo Associations are passing stricter regulations prohibiting commercial vehicles within their premises which provoked an increase of requests from residents to park their commercial vehicles in designated "Resident Only" parking locations. He presented a map indicating the "Resident Only" on-street parking, south of 178th Street to approximately 174th Street. He said he is looking for guidance from the City Commission in allowing taxi cab type of vehicles to acquire "Resident Only" parking permits. Mayor Edelcup said when he and Community Development Director Solera first talked about this, they talked about vehicles that are basically cars, whether they be utilized as a taxi or somebody has their own private car with his business name on the side, so in his mind he would like to limit it to those types of vehicles which are standard with the typical automobile or SUV that people drive as a normal course of their private lives. He said that anything of a higher weight, and maybe we can handle it by a weight ordinance or size ordinance, panel trucks and larger vehicles, they would go underneath the William Lehman Causeway if they were much longer vehicles, and he would like to keep the ones for the street limited to vehicles as described essentially as an automobile. Community Development Director Solera said that we had proposed originally a while back underneath the William Lehman Causeway to have an area specifically designated for commercial vehicles such as boats, RVs, etc. He said at this point we have an agreement with Fortune International which restricts us from allowing that space to be limited to that specific use because we have an agreement for 400 spaces underneath the Causeway, where 500 spaces are present, and out of the 100 spaces we are using about 30 for School Board parking. He said until Fortune International's agreement ends in June 2008, we can either renew or terminate, and within 60 days of the agreement finalizing or ending we need to notify the developer whether we want to pursue a renewal of it or not. Mayor Edelcup said maybe it will be a moot point and the developer will finish his job but if the developer is requesting an extension, maybe we need to carve out 100 spaces and say that they are no longer available because it is just as important for us to resolve the problems of our residents as it is to resolve the problem for the developer. He said that we need to be equally sensitive to our residents needs as well as the developer, so come June he would request that the City Manager bear in mind that we need to resolve the commercial vehicle parking for our own residents at that time. City Manager Szerlag said another issue is Ramada parking when we relocate 400 spaces to construct Heritage Park and Parking Garage, they will be relocated to the William Lehman Causeway for about a year. Commissioner Scholl said he has a hard time differentiating the aesthetics between a taxi cab and a delivery van, and Mayor Edelcup said that is why he is suggesting to go by a weight limit because what we don't want is a big truck. Community Development Director Solera said he will work on an ordinance for the March agenda changing the definition of commercial vehicles that applies to multi-family locations "Resident Only" parking, not in terms of the single-family residence. 25 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida Commissioner Goodman asked if he would consider a taxi stand on 183rd Street on the outside of Publix parking lot, and Mayor Edelcup said that we had better wait until the school gets built before we start committing to anything. Public Speakers: Dollila Pinkhasov Dollila Pinkhasov, a resident at Winston Tower 500, said she has a big issue with commercial vehicle parking as she is also the owner of two towing trucks, one is a flat bed, and one is a small wrecker that fits into a normal parking space. She said that recently Winston Tower 500 Board of Directors decided that they will no longer allow any kind of commercial vehicles, and so she decided to park one of the cars between the Church and the Temple, and then the signs went up that no commercial vehicles are allowed to park on the premises. She said that every single day they are penalized anywhere from $25 to $48 per ticket, for different reasons, and she addressed those issues with the Community Development Department/Parking Authority in City Hall, and there was no help as far as explaining what and when that came into effect. Ms. Pinkhasov said she uses one of the trucks, not just for commercial purposes, but for her private use as well due to the cost of living, expensive insurances, etc., and it puts her through a big inconvenience to park her small truck 40 minutes away from her residence. She said the driver of the truck is either her or her husband, at the same time putting that truck so far away penalizes her by losing jobs that brings income into her family. She came to the Department 3-4 weeks ago, and they advised her to park under the William Lehman Causeway, and she went there 2-3 days in a row and there are no available parking spaces. She said that the City has put her in a very bad position, and she noted that her neighbors are here on the same premises, that own commercial vehicles, taxi cabs, etc., and it is very hard for them to use the commercial vehicles/private use without any information, without any proposal to park their vehicles, and they are willing to pay a fair fee and bring the revenue to the City but then again be fair to them, assign some spaces to park commercial vehicles, and make sure those spaces are available. She said the amount the City is charging for the space under the Lehman Causeway per month is approximately $180 per space, it is very expensive. She understands that the City is looking into the issue, but what do they do in the meantime. Mayor Edelcup said that we need to find an immediate solution for the larger vehicles somewhere in the City, whether it be under the Lehman Causeway, under Sunny Isles Boulevard, or create a designated space somewhere in this City. He said we have been facing this issue for a long time and not coming up with an answer, and he thinks we are duty-bound to come up with an answer, and hopefully at the next Commission meeting, Community Development Director Solera can come up with a plan that addresses the vehicle size on the streets, and vehicle sizes above that where they can be put immediately, we need to come up with an answer. Community Development Director Solera said that they have been diligently trying to work on an answer, the City is very pressed for parking spaces, we have hardly any locations, and in Ms. Pinkhasov's case she has a tow truck and we cannot issue a decal for resident only 26 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida parking under the current ordinance unless we change it in March based on weight, size, etc. Mayor Edelcup said while this issue is pending, we need to do whatever you need to do as it relates to enforcement that we are not ticketing people until we have a solution for them. City Manager Szerlag asked Community Development Director Solera how many spaces are under the William Lehman Causeway, and he said a total of 500 spaces, and the construction company has 400 of those spaces. City Manager Szerlag asked where the other 100 go to, and he said that we are giving 40 spaces to the School Board and the construction site. City Manager Szerlag said he was wondering if we can carve out about 15 spaces or so because he is sympathetic but he does not want large commercial vehicles on public streets because that will generate more complaints. Mayor Edelcup said there can't be that many commercial vehicles and if you carved out 10-12 spaces you may solve the problem. Community Development Director Solera said beyond that, he would like to work with Public Works Director Rick Conner because there are some areas under the William Lehman Causeway which are being utilized with equipment, etc., and perhaps we can concentrate that equipment and material at a specific location and then we can facilitate those parking spaces as well. City Manager Szerlag said with Public Works, Community Development Director Solera can cordon off a dozen spaces tomorrow, first come, first serve, allocate them for commercial parking and we will see if that dozen spaces constitutes enough to solve the problem. Mayor Edelcup said that sounds like a good plan, we will take it from there and if we need to do more, we will address it. Commissioner Scholl said then in the meantime we are not citing anybody, and City Manager Szerlag said that there should be an extension period where perhaps a warning indicating that we do have spaces underneath the William Lehman Causeway, but at some point they will be in violation. City Attorney Ottinot said one of the points Ms. Pinkhasov raised were past citations, do you want Mr. Solera to also remedy that problem in terms of past citations, and Commissioner Scholl said yes as she got a citation because we didn't have a solution to the problem, and Mayor Edelcup said it is not fair to burden her. Mr. Solera said for her to bring the citations to them and if the time has expired he will work with Miami-Dade County to make sure that they are cleared. Ms. Pinkhasov said as for tonight, the Lehman Causeway parking lot is not ready for them, where will she park so she doesn't get penalized again, between the temple and the church? Community Development Director Solera said to park there tonight and he will make sure his people do not issue any citations until we implement the parking lot. Cultural and Human Services Director Susan Simpson said the issue is not necessarily that it is a commercial vehicle, it is that there is a 3-hour maximum at certain spaces. Mayor Edelcup asked if they are using the area behind the bank at the end of North Bay Road by the canal, and Community Development Director Solera said no we are not, and Mayor Edelcup said perhaps that can be the designated area until you can come up with an answer, and Community Development Director Solera said there are parking spaces there with meters and they can just park in that area in the meantime. Commissioner Scholl pointed out that we want to be careful that we are not running a commercial business out of a residence and these vehicles are coming and going. 27 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida City Manager Szerlag said by tomorrow night there will be a dozen spaces for commercial vehicle parking. Assistant City Manager/Services Jorge Vera said on behalf of the Public Works Department that there is a lot of stuff there to move, and he doesn't know if it can be done by tomorrow. Community Development Director Solera said the agreement we have with Fortune is a non-exclusive agreement meaning that whoever comes first gets the parking spaces, we can designate 12 spaces. City Attorney Ottinot said he will read the agreement but meanwhile the Mayor gave us instructions, and Mayor Edelcup said to get it done as quickly as you can, in the interim you are not ticketing anybody, and you have the North Bay Road area to use. He noted that taxi cabs will be permitted to park on the street, they will not have to go to William Lehman Causeway. Community Development Director Solera said that they have indicated to all taxi cab drivers who live in the City, that they are able to park in a "Resident Only" parking space as long as they acquire a decal. 12C. Information Technology Department will Navigate Through the City's New Website which is Up and Running. Action: Information Technology Director Edel Fonseca said that Phase I of the City's Website has been completed and he presented the City's new Website which went live at the beginning of February, with the following new features: beach conditions on the home page updated daily by the lifeguards; ability to scroll through community events happening throughout the City; calendar of events can be updated instantly such as cancellations; and there is a form where you can now request to schedule an inspection online. IT Director Fonseca said that this is a continuing process, and the next phase is adding features which are going to allow e-notify, list frequently asked questions, and notifications such as road closures, construction, and this phase will take about 3-months to deploy, and right now they are in the working phase of it. He said that Administrative Services Director Alyce Hanson has done a lot in helping to put this together, it was a group effort. 12D. New Item: March 20,2008 Workshop at 6:30 p.m. regarding a report from Jack Luft and Eric Penfield. Action: Mayor Edelcup reminded the Commission that we will have a workshop on March 20th right before the City Commission meeting. City Manager Szerlag said that Jack Luft and Eric Penfield will be ready with their reports. 12E. New Item: Items to be placed on the March 20, 2008 City Commission Meeting Agenda. Action: Mayor Edelcup asked that the following items be placed on the next agenda: · Auditor Report: City Manager Szerlag said that Assistant City Manager Haag had some corrections on the draft but we will have it ready and distributed by next week to the Commission, and it will be placed on the March 20, 2008 agenda. 28 Summary Minutes: Regular City Commission Meeting February 21, 2008 City of Sunny Isles Beach, Florida · Personnel Policy Manual: Mayor Edelcup asked about getting this Manual for employees before the Commission for approval, and City Manager Szerlag said it will be placed on the March 20, 2008 agenda. He said he asked Human Resources Director Tom Acquaro to put it in three sections for the ease of the Commission as the document is so voluminous. He said the first section pertains to the economic impact of the policies, vacation pay, sick pay, etc.; the second section pertains to benefits; and the third section pertains essentially to the operation of the personnel function. City Manager Szerlag said he will have it distributed to the Commission next week. · Change Starting Time of Citv Commission Meetings to 6:30 p.m.: Mayor Edelcup said these meetings are running somewhat late, and he asked the Commission to consider starting these meetings an hour earlier at 6:30 p.m., the primary reason we were starting at 7:30 p.m. was because Commissioner Iglesias was working for FDOT and it was hard for him to be here before 7:30 p.m. He said to leave the March meeting at 7:30 p.m., and begin an hour earlier beginning in April. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT . Commissioner Goodman moved and Commissioner Scholl seconded a motion to adjourn the 'fi?~et!ng?,and Mayor Edelcup adjourned it at 10:06 p.m. Respec'tfully s~bniitted by: Approved by the City Commission on March 20, 2008 .c&~ A~ ~u)A dJda /' Jane A. Hines, CMC, City Clerk 29