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HomeMy WebLinkAbout2011-1215 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday. December 15,20] 1, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT TI-IE 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 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl City Manager Alan J. Cohen City Attorney Hans Ottinot Assistant City Manager Minai Shah City Clerk Jane A. Hines, CMC 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Administrative Assistant Alayne Yeash led the Pledge of Allegiance to the flag, and Rabbi Yisrael Baron gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting - November 9, 2011. 3B. Regular City Commission Meeting - November 17,2011. Action: Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve each set of the above Summary Minutes. The motion was approved by a voice vote of5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Defer to January 19,2012: Item 5C Presentation on Gateway Park; Revised: Item 7 A. Capital Projects Budget Amendment, Item ION. Declaring Public Purpose re: Emergency Bridge, Item ION. Agreement for Verification Program; Additional Information: Item 5B. Proclamation; Item 10F. Agreement with Calvin Giordano & Assoc, Item lOG. Agreement with Kimley-Horn, Item I OH. Agreement with Craig A. Smith; Add- On Items: Item lOP. Establish College Scholarship Program, Item llA. Confirm Appointment ofInternational Ambassador to Asia; Item l2A. Discussion on the Skateboard Park. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Thaler moved and Commissioner AeJion seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of5-0 in favor. Summary Minutes: Regular City Commission Meeting December 15.2011 City of Sunny Isles Beach, Florida S. SPECIAL PRESENTATIONS SA. Presentation by Mayor Norman S. Edelcup to Winners of the Sunny Isles Beach Photo Contest for the City's 2012 Calendar. Action: Cultural and Human Services Director Susan Simpson and Administrative Assistant Alayne Yeash handed out etched glass plaques and gift bags to the following winners: Alex Vinokur (absent), Alisa Rauner, David Mankes, Sonny Sabatto, Valeriy Bezgin (absent), Beatrix Csinger, Mike Tribby, Gabriela Bastida (absent), Leonardo Gonzalez, Pablo Mesa, and Sylvie Leidi. Ms. Yeash announced a special distinction, every year we print a City Guide and we sent several pictures to the Editor and they chose the photograph by Sonny Sabatto for their cover. She also noted that we are using the 2012 Calendars for the City's 15th Year Anniversary, and the calendars are now available. SB. A Proclamation to be Presented to Police Officer Gordon Director. Action: Chief Maas introduced retired Officer Gordon Director who has had more than 40 years of law enforcement experience and with this community for more than 12 of those years. Mayor Edelcup on behalf of the Commission presented Officer Director with a Proclamation proclaiming December 15, 2011 as "Police Officer Gordon Director Day" in Sunny Isles Beach. Sc. Presentation on Gateway Park by 4M Investors, LLC. Action: [City Clerk's Note: See additional action under Item 4A.] Deferred to January 19, 2012. 6. ZONING 7. 7A. _J None ORDINANCES FOR FIRST READING An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2011-369; Amending the City's Budget for the 2011-2012 Fiscal Year- Capital Projects Funds; Authorizing the City Manager to Do All Things Necessary to Effectuate this Ordinance; Providing for an Effective Date. Action: [City Clerk's Note: Revised Documents distributed in Second Addendum prior to the meeting.) City Clerk Hines read the title, and Assistant City Manager/Finance Minai Shah reported that this amendment is for changes for the Collins Avenue West Streetscape Project, the Emergency Bridge Project, the K-8 School Expansion, as well as for the development of the newly acquired parcel of land for the Intracoastal Park System. It also allows us to budget the refunding of the recent debt that the City obtained as well as accounting for the surplus at the end of fiscal year 2010/11. Public Speakers: None Commissioner Scholl said in conversations with Calvin Giordano and Associates regarding the Emergency Bridge, they have agreed to mitigate their price by $30,000, and if we can have an amendment to that effect, and they will continue looking for additional cost savings. 2 Summary Minutes: Regular City Commission Meeting December 15.20 II City of Sunny Isles Beach, Florida Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, January 19,2012, at 6:30 p.m. Vote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup ~ 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2011-369; Amending the City's Budget for the 2011-2012 Fiscal Year- General Fund; Authorizing the City Manager to Do All Things Necessary to Effectuate this Ordinance; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Minai Shah reported that there were some unanticipated increases that occurred at the beginning of the year which includes replacing a City Bucket Truck that was damaged as well as entering into an agreement with the County to expand the Library hours, and more importantly to account for the excess that the City recognized at the end of Fiscal Year 201012011. Public Speakers: None_ Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of s- O in favor. Second reading, public hearing will be held on Thursday, January 19,2012, at 6:30 p.m. V ote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup ~ 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 of the City of Sunny Isles Beach, Florida, Approving Appointments to the City Advisory Committee for Calendar Year 2012; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported re-nominating Harvey 3 Summary Minutes: Regular City Commission Meeting December 15,2011 City of Sunny Isles Beach, Florida Busch as Chairperson, and Members Tony LoCastro, Bob Mincow, Bob Welsh, New Member Dana Goldman, Mariana Talalaevsky, Steve Trattner, Dennis Stubbolo, Norman Peselev, and New Member Jennifer Levin. He noted that the two new members, residents Dana Goldman and Jennifer Levin have served on the subcommittees. He introduced Chairman Harvey Busch and thanked him for his service on this Committee. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1812 was adopted by a voice vote of5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the City of Sunny Isles Beach Drug-Free Workplace Program Policy, as Amended, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant to the City Manager/Human Resources Priscilla Walker reported that the City is a sub-recipient of American Recovery and Reinvestment Act (ARRA) grant funds administered through Miami-Dade Transit (MDT), a grantee of the Federal Transit Administration (FT A). All sub-recipients are required to have a Drug-Free Workplace Program Policy that includes specific elements covered in the FT A Regulations 49CFR Part 655, and she summarized the required elements in the Policy. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1813 was adopted by a voice vote of5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Continuance of Brown and Brown Benefit Consultants as the City's Medical Insurance Broker for the March 2012 Plan Year; 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 to the City Manager/Human Resources Priscilla Walker rep0l1ed that Brown and Brown is the City's Medical Insurance Broker for group medical, dental, vision, life/AD&D, and long-term disability insurances for City employees. She said Brown and Brown does not receive a compensation from the City, they receive a percentage from the insurance carrier. We anticipate going out for proposals for medical brokerage service next year, we looked into issuing an RFP this year but our independent insurance consultant said there was not adequate time. Public Speakers: Bob Hollander Bob Hollander of Brown and Brown said early next year they anticipate going out to bid on behalf of the City as independent agents representing every health insurance company that is available to them. They will go out to all carriers, look at all plans on the City's behalf, and they will find the most competitive companies plan that they can for City employees. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1814 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes: Regular City Commission Meeting December 15,2011 City of Sunny Isles Beach, Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFP No. 11-11-04 to and Authorizing the City Manager to Negotiate and Enter into an Agreement with Bettoli Vending for City-Wide Healthy Organic Vending Machine Services, Providing that the City Attorney Reviews for Legal Sufficiency; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant to City Manager/Finance Minai Shah repOlied noting for the record that the vending machines will be 50/50 in regular and organic snacks. There will be a revenue sharing with the City receiving 20% of all revenues earned at the vending locations at City facilities as well as the Parks. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1815 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring Public Purpose and Necessity to Acquire Fee Simple Title to a Parcel of Property ("Submerged Land") More Particularly Described Herein (Located Between NE l72nd St. & l74th St. and N. Bay Road) for the Development of an Emergency Bridge; Authorizing the City Attorney to Initiate Eminent Domain Proceedings; Providing the City Manager and the City Attorney with the Authority to Retain Expert Witnesses and Consultants and to Do All Things to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Revised Resolution distributed in Second Addendum prior to the meeting.} City Clerk Hines read the title, and City Attorney Ottinot reported that during the permitting process before Miami-Dade County it was determined that the City has to acquire submerged land in order to proceed with the permitting process to place support structures in the water for the Emergency Bridge. The City must acquire approximately .14 to .20 acres of submerged land to construct the Emergency Bridge. Public Speakers: None Commissioner Gatto said she is not against the bridge but she does not like the location or that it is a two-lane bridge. She noted that it was voted upon by the Commission before she became a Commissioner. She would like to continue open dialogue with the folks at Winston Towers, it is a process and she feels the citizens should be involved. Vice Mayor Thaler asked how long the process would take, and City Attorney Ottinot said based on the quit-claim process he is anticipating to file action in January 2012. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1816 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting December 15,20 II City of Sunny Isles Beach, Florida 10F. A Resolution of the City Commission of the City ofSul1ny Isles Beach, Florida, Awarding RFQ No. 11-07-01 to and Entering into an Agreement with Calvin, Giordano and Associates, Inc. to Provide Consulting and Permitting Services for the Emergency Bridge, in the Total Amount Not to Exceed $562,594.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Resolution and Agreement distributed prior to the meeting.) City Clerk I-lines read the title, and Public Works Director Gio Batista reported that this is to have Calvin, Giordano and Associates become the Prime Consultant on this project. Public Speakers: Chris Giordano Commissioner Scholl said Calvin, Giordano and Associates have agreed to relax their portion of the fee by $30,000. He would like Calvin Giordano to work with City Attorney Ottinot because he does not feel that we have flushed out the Marlin/BHA issue we had as a result of the Pier and the Bridge. There is still a fair amount of ambiguity on where we stand and what was done, what wasn't done, etc., and so ifCity Attorney Ottinot will work with Dennis and Chris Giordano and City Manager Cohen to give them assistance in trying to get to the bottom of it because we are using the Subcontractor that was involved under both Master Contractors. There may be some more flexibility with that Sub if all goes well with BHA, because everybody is unclear about what they were paid for and what the deliverable was. He thanked Calvin, Giordano and Associates for working with us, they are a good partner on these things, and the job they do for the City is fine work, and we appreciate it. Commissioner Aelion asked about the reimbursables, and City Manager Cohen said there are some items that they will lay money out for and we will reimburse them, and that was included in the $562,594. Chris Giordano said that during conversation they said roughly $30,000 or a I ittle less than that, and the reimbursables are there, the actual labor is $555,094 and the reimbursement. He said in expediting the permit they have to issue a payment to a permitting entity to keep things moving quickly, then come back and get reimbursed by the City. The reason they chose the line item like this was to facilitate it. Through their investigative processes one of these line items were found to be already done, or should have been done, and it is very easy to come here, put a value to it, and get it as a change order. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1817 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFQ No. 11-11-01 to and Entering into an Agreement with Kimley-Horn & Associates, Inc. to Provide Traffic Engineering Services for the 183 Street Capital Improvement Project, in an Amount Not to Exceed $19,900.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Resolution and Agreement distributed prior to the meeting.) City Clerk Hines read the title, and Public Works Director Gio Batista reported noting that Kimley-Horn & Associates were the original creators of the Traffic Report for 183rd Street, 6 Summary Minutes: Regular City Commission Meeting December 15,2011 City of Sunny Isles Beach, Florida they reviewed the RK Plaza at the intersection of 183 rd Street and Collins Avenue, and because of their approach, expertise and their knowledge, staff is recommending them for approval. We discussed with them their original price of about $25,000, and after negotiations they reduced it to $19,900. Public Speakers: None Vice Mayor Thaler asked if the work has already been finished, and City Manager Cohen said no, it is for design and drawings to be produced for us to get our final permits from the State and the County. Mayor Edelcup said this is subject to getting the curb cut, and City Manager Cohen said that is correct and no work will occur until we get the initial approval from Miami-Dade County. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1818 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFQ No. 11-11-02 to and Entering into an Agreement with Craig A. Smith & Associates, Inc. to Provide Civil Engineering Services for the l74th Street Drainage Improvemcnt Project, in an Amount Not to Exceed $9,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [Cit)' Clerk's Note: Resolution and Agreement distributed prior to the meeting) City Clerk I-lines read the title, and Public Works Director Gio Batista reported that Craig A. Smith & Associates have experience in the Barrier Islands as far as drainage is concerned. They gave us a proposal in the amount of$9,000 to look and investigate the drainage in front of Winston Towers 600 between the Walgreens and Winston Towers where we are having some drainage issues. City Manager Cohen said this will be Phase One of a Two-Phase contract. They are going to do a basic investigation to determine what methodology is best for us to address the storm water management needs in this area and then they will come back soon for the detailed design and drawings necessary for us to go out to bid on the project. Commissioner Aelion asked if there was another alternative route for the end result to be a flow out into the Intracoastal Waterway, or is there another solution, and City Manager Cohen said that question depends on whether or not we use an outfall as the alternative. We also have the alternative of a deep well or an exfiltration system, that is one ofthe questions that will be answered by Craig Smith. We do have one existing easement that we might be able to take advantage of, but again we need to investigate that. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Rcsolution No. 2011-1819 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting December 15,2011 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 Protection One for Security System Maintenance at the Government Center and Pelican Community Center, in an Amount Not to Exceed $22,134.00, in Substantially the Same Form as Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported that this is to continue the maintenance of our security system with Protection One. On reviewing their original contract, Procurement found a savings of about 10% from last year. Weare recommending a renewal with an option to renew for a second year on a one year basis. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1820 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Purchase of a 2011 Ford F550 Bucket Truck from Altec Industries, Inc., Pursuant to National Joint Powers Alliance (NJP A) Contract No. 060311, in an Amount Not to Exceed $82,018.50, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported noting that the bucket truck was in an accident on September 27, 2011. In order to expedite this we looked at the amount of money that we received from the Insurance Company in an amount of$40,000+, and we looked at the time it would take to get that truck repaired which was 9 months, and looking at the rental rate of$2,000 a month for the 9 months came out to $18,000, and so utilizing the numbers for the cost of repairs and rental cost, it came out to be $58,000. City staff also looked into the purchase of a truck which turned out to be a better deal for the City. Commissioner Scholl asked how bad the truck was damaged, and Mr. Batista said the majority of the repair would be for the actual arm and the boom and that alone was approximately $38,000. He explained that the boom and the axel where that boom sits were bent and so the truck cannot be used. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1821 was adopted by a voice vote of5-0 in favor. 10K. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the Miami-Dade County Water and Sewer Conveyance Documents for the Sewer Improvements Constructed as Part of the Central Island Roadway and Drainage Improvements Project; Authorizing the Mayor to Execute Said Conveyance Documents; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported that this is a housekeeping item. During the construction of the drainage in Central Island, a 8 Summary Minutes: Regular City Commission Meeting December 15,2011 City of Sunny Isles Beach, Florida connection was made for the Gwen Margoles Park restrooms to convey from the restrooms to the W ASA-owned lines, and when we did that connection, W ASA requires that we convey the rights to ownership to them upon completion. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1822 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and Between Ronald L. Book, Esq. and the City of Sunny Isles Beach for Professional Legislative Relations and Lobbying Services, in an Amount Not to Exceed $10,000.00, Effective from October 1,2011 through September 30, 2012, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that during our budget discussions earlier this year we decided, given the funding opportunities at State and Federal level, that it would not be cost effective for us to hire on full time Lobbyists, nonetheless, there are issues that do come up from time to time, particularly on the State level where we feel it is important to retain the services of a Lobbyist. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1823 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Second Addendum to Lease Agreement with the Florida Department of Transportation ("FDOT") for Parking Space Located Under the Sunny Isles Boulevard Causeway Bridge/SR826; Authorizing the Mayor to Execute Said Second Addendum to Lease Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported noting that FDOT allows the City to use that land at no cost. We have installed a parking station there, and this Addendum calls for a 60/40 split with the State for any revenues garnered. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1824 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting December 15.2011 City of Sunny Isles Beach, Florida ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement Betwecn thc School Board of Miami-Dade County, Florida, and the City of Sunny Islcs Bcach for an Address Verification Program, in Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Revised Agreement distributed prior to the meeting This item was heard with Item I 00) City Clerk Hines read the title, and City Manager Cohen reported that the K-8 is an A-rated School and that we are a magnet for parents looking for the best education for their children and who do not reside in Sunny Isles Beach. That has placed an additional demand on our School, resulting in the loss of Alis and Music classrooms. It is in the best interest of our community to see that our students have the first opportunity to go to our School and get a first rate education. To alleviate overcrowding we are entering into an Agreement with the School District to verify the legal addresses of all students. This is already being done in the cities of Doral and Miami Lakes. Public Speakers: None Commissioner Aelion asked where the money would come from for this program, and Vice Mayor Thaler said $5 Million will come from the School Board and $4 Million will come from the City Trust, it is $9,000 a year, and the City will not spend any money on this. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1825 was adopted by a voice vote of5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreemcnt Between the School Board of Miami-Dade County, Florida, and the City of Sunny Isles Beach to Finance and Cost Share in the Design and Construction of a Classroom Addition at the Norman S. Edelcup/Sunny Isles Beach K- 8 Facility, in Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard with Item ION.) City Clerk Hines read the title, and City Manager Cohen reported that the K-8 has been an A-rated school for several years which has resulted in our community being a more attractive community to move to, and so we have seen an increase in residents and an increase in demand on our classrooms at the school. Enrollment has exceeded initial projections by the School District resulting in Arts and Music classrooms being converted over to regular classrooms. It is in the interest of our school children and our community to expand the number of classrooms at the school to accommodate the increase of our students and allow for the reconversion back to Arts and Music classrooms. We have negotiated an Interlocal Agreement with the County with the assistance of both Assistant City Manager Minai Shah and City Attorney Hans Ottinot. The County Commission just yesterday [December 14,2011] approved this Agreement. The estimated cost for this project is $4 Million, and this Agreement calls for two different funding options, one is for the City to layout the $4 Million and the School District would reimburse the City over a period of time, $2 Million of those dollars. The second option 10 Summary Minutes: Regular City Commission Meeting December 15.2011 City of Sunny Isles Beach, Florida calls for the City to just make a $2 Million contribution to this Project. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1826 was adopted by a voice vote of5-0 in favor. lOP. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Establishing a College Scholarship Progl'am for High School Students from the City of Sunny Isles Beach as Part of a Drug Prevention and Safe Neighborhood Program for the 2011/2012 School Y car; Creating a Scholarship Committee and Establishing Minimum Requirements for the Selection of Scholarship Recipients; Providing the City Manager and the Chief of Police with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. ACtion: [City Clerk's Note: The documents were distributed prior to the meeting See additional action under Item 4A.} City Clerk Hines read the title, and City Manager Cohen reported that last year the City had established a college scholarship program for well deserving students who were Sunny Isles Beach residents. In an interest of continuing this Program, this Resolution provides for six (6) scholarships at $2,500 each to college bound high school students who are residents of Sunny Isles Beach for at least one (1) year, currently enrolled in Miami-Dade County schools, they must perform 80 hours of community service in our City, and they need to write a 200-300 word essay which includes why they are proud of Sunny Isles Beach, where they see themselves in ten (1 0) years, and what the impact of their community service has been on themselves and their community. City Manager Cohen said that there is a Selection Committee which includes Police Chief Fred Maas, Cultural and I-Iuman Services Director Susan Simpson, and the Principals of the High School and of the K-8. Public Speakers: None Vice Mayor Thaler said there was a slight change over last year, where we had four (4) scholarships at $5,000 each, this year we have six (6) scholarships at $2,500 each. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1827 was adopted by a voice vote of 5-0 in favor. ~ 10Q. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Appointing Fang Olivcr as the Sunny Isles Beach International Ambassador to Asia; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was originally added as Item I JA.} Vice Mayor Thaler reported that the City for a number of years have been out looking for Sister Cities and we believe that we have found one that is willing to become a Sister City of Sunny Isles Beach. It is going through the Deputy General of Taiwan, and his suggestion to us was that we have somebody from the City become the Sunny Isles Beach International Ambassador to II Summary Minutes: Regular City Commission Meeting December 15, 2011 City of Sunny Isles Beach, Florida Asia so that she can carry the ball for us to a City in Taiwan. The person that we believe can do this job is here in the audience and her name is Fang Oliver. Public Speakers: Fang Oliver Fang Oliver said that she has been a resident of Sunny Isles Beach for seven (7) years and it is her privilege and opportunity to serve as the International Ambassador to Asia. She said she will continue to work hard to put Sunny Isles Beach in every City that she visits. She is already talking to the Mayors of several towns similar to Sunny Isles Beach. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1828 was adopted by a voice vote of 5-0 in favor. lOR. Add-On: A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Closure of the Skateboard Park Located in Town Center Park; Further Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was originally added as Item 12A.} Commissioner Gatto said in March 2011 the Commission approved an agreement with Kimley-Horn to do a Noise Assessment Study at the Skateboard Park because of the noise of kids skating coupled with a lot of screaming. She was not in favor of shutting it down at that time because we were talking about what we could do to alleviate or eliminate the noise. We allocated $50,000 to go out and request proposals for studies to see what it would take dollar wise and other wise to alleviate the noise. At some point, having led this project, she didn't really want the City to spend $50,000 for somebody to tell us that we have to spend six figures to enclose it including air conditioning to eliminate the noise. She stopped that spending, and one of the reasons why was to look at attendance figures to make a correlation if the Park is being used. Attendance is down historically from April to October, November is up slightly. Given the fact that it is expensive to spend $50,000 to see what it would take and then be told it would take six figures to cover it, coupled with the fact that attendance is down, and in speaking to residents upset over the noise, and Winston Towers 600 has a double whammy as the Park is about 500 feet from their pool, she is at the point to recommend closing it. Public Speakers: None Commissioner Aelion said based on what we have heard here tonight by Commissioner Gatto in relation to the bridge, the same approach should be consistent when we see an issue spring up in one part of the City and creates a diversion over a certain section of the community. He thinks that thought and application should follow a greater involvement for the residents and the benefits for the Commission would be that in the totality of the City. He said at this point it is self explanatory as to the thought processes of why initially the Skateboard Park was created for purposes of mitigating the views over side streets and used by skaters and the dangers it caused for potential accidents, etc. It was the community that came to the Commission back then to ask that this be built and erected. Vice Mayor Thaler said he agrees with Commissioner Aelion, in November there were 19 to 25 children a day at that Park. He was there and cannot understand how overwhelming this 12 Summary Minutes: Regular City Commission Meeting December 15,2011 City of Sunny Isles Beach, Florida noise can be with 19-25 children daily over a 30-day period and open every day, it doesn't behoove him at this point to close this Park. In November they did try some bicycles which created a lot of noise. Commissioner Gatto said the skateboarders were trying to avoid the bikers, and it is not a large Park and so there was a lot of screeching and yelling, and it was more chaotic. V ice Mayor Thaler said he believes the increase that we had was caused by the bicyclists not an increase in the overall children in November. He really believes we should not close it at this point, you have 574 children there for the month, in October there were 368 but you had six (6) rain days, in September there were 600 kids there. We are getting them off the streets, and we have to look at the total value of why the Park was created. Commissioner Gatto said the issue she is bringing up is alleviating the noise. It is not the kids fault, and it is not the skateboard people's fault, it is our responsibility and obligation to do something about the noise because it is exceeding the decibel level allowed by the City. Commissioner Scholl said he has stated publicly before that the noise needs to be mitigated. He has also stated that he is not in favor of closing the Park but he feels that it is incumbent upon us to do something about it. He appreciates the fact that Commissioner Gatto doesn't want to throw what you perceive as good money after bad but he also doesn't feel a lot of movement on the part of staff as far as what we are doing about it. Commissioner Gatto clarified that she had put the hold on the $50,000 in October. Commissioner Scholl said he is inclined to find a solution because he is not inclined to close the Park, we should spend the money, find an engineering solution and be done with it. Getting 500 to 600 kids off the streets in a month is a pretty big accomplishment, and his point is that it is hard to find a venue for kids that age that they are going to use, and those numbers are pretty good. He appreciates the fact that Commissioner Gatto doesn't want to throw good money after bad but he doesn't think she has the support to close the Park, and so we might as well spend the money and try to find a solution. Mayor Edelcup said we have discussed this tonight and we have also discussed it at a Workshop and he was happy that Commissioner Gatto recommended the decision that she did because he thinks it is very realistic to assume without a study what we are talking about is hundreds of thousands of dollars to fix the problem. If it had been anything less then that he doesn't think we would be having this discussion. He thinks that the commitment we were facing is a real one, do we want to spend $50,000 to know that we have a half a million dollar problem, and now do we want to choose to either close the Skateboard Park or leave it open, and his recommendation at the Workshop was to have this discussion today with the idea of having a straight up or down vote on whether or not to have the Skateboard Park closed or remain open as is, and to schedule that vote either tonight or in January. Commissioner Aelion said we did visit this with the help of Cultural and Human Services Director Susan Simpson, we revised the hours, and we could close it for a day, and Commissioner Gatto said that was on a short term basis, not a solution. Mayor Edelcup said in talking to some of the children when the shade structure was down, the complaint that he was getting was that they didn't really want to use the Park without the shade structure because it is too hot during the summer months, and so one of the reasons you see a drop in usage was because we took the shade structure down. City Manager Cohen said the canopy was recently returned from the manufacturer in Arizona, we found out that the fasteners that are supposed to be attached to it to keep it attached to the poles had not been re-attached and 13 Summary Minutes: Regular City Commission Meeting December 15. 20 II 11. llA. City of Sunny Isles Beach, Florida so it had to be sent back to the factory in Arizona for those fasteners. It is under warranty and so we are not paying extra for it, he has not heard back from them yet. Commissioner Scholl said he believes there are three (3) choices: 1) we close the Park; 2) we keep the Park open; or 3) we find a permanent solution, and we fund it and deal with it. He has always advocated to finding a permanent solution, funding it, and dealing with it. He doesn't know what the numbers are, we never got any kind of reasonable scope of what those solutions are. He still advocates whether we spend the $50,000 or not, staff scoping a solution and putting something in front of us so we know what we are voting on. Again, he thinks it is a significant amenity for our children, we are spending $4 Million to expand our school which means more kids will come into this community and more kids will use that facility. He thinks we are being shortsighted by not dealing with the problem head-on. Mayor Ede1cup said that we did deal with the problem, we had some engineering reports made and the only solution was to enclose the Park which would be the only way to sound- proof it. There were no other solutions that were presented to us by the engineers other than that. He thinks it is unrealistic to assume that it is not going to be a multi-figure dollar cost. He recognizes Commissioner Scholl's position which is you may be willing to spend that money, he doesn't think he would have the votes on this Board to spend that money, and that is why he is saying let's get this over with one way or the other to a straight up or down vote and make the decision tonight so we can move forward. Commissioner Scholl said his point is that we don't have any numbers before us. Commissioner Aelion said in the future can a resident come and raise an issue, and Mayor Ede1cup said let's go back to clarify that question, the Code was to cover construction noise. City Attorney Ottinot said general noise of the City, and obviously we have not applied it to Park noise, if you did, most of the Parks would exceed that decibel level especially when you have activities in the Park, and Mayor Edelcup said yes like games or basketball where you would exceed that decibel level. Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the resolution to close the Skateboard Park at Town Center Park. Resolution No. 2011- 1829 was adopted by a roll call vote of 2-3 [Commissioner Aelion, Vice Mayor Thaler and Mayor Edelcup against] the motion failed to close the Park. Vote: Commissioner Aelion no Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler no Mayor Ede1cup no MOTIONS Add-On: Call for a Motion to Confirm the Appointment of Fang Oliver, Vice President and the 2012 Designated President ofthe Taiwanese Chamber of Commerce of Miami, and Director of the Taiwanese Chamber of Commerce of North America, as the Sunny Isles Beach International Ambassador to Asia. (Vice Mayor Thaler) [City Clerk's Note: This motion moved to Item J OQ.] 14 Summary Minutes: Regular City Commission Meeting December 15,2011 City of Sunny Isles Beach, Florida 12. DISCUSSION ITEMS l2A. Add-On: Discussion regarding the Skateboard Park. [City Clerk's Note: This discussion moved to Item lOR.} 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Arlene S. Koenig said there are some very legitimate concerns about the Emergency Bridge and Winston Towers 300. One of those concerns is the seawall near Winston Towers 300 and they need assurances that the seawall is going to be repaired and dealt with correctly so that the building will not having any negative effect from that bridge. There is a lack of understanding in her building about this whole issue because it has not been presented properly to these residents. The seawall is an issue and needs to be addressed, and they need assurances, there is maintenance, assessments, hurricanes, and uncontrollable variables that can impact them. She also said regarding the Skateboard Park that sound moves up, and she doesn't think that issues like this should be negated and there was no seriousness given to the residents that live above and around that area. It is the same thing with the seawall, no seriousness has been given to this issue. Quality of life issues are important. Mayor Ede1cup suggested to Ms. Koenig to make an appointment with City Attorney Ottinot to discuss the legalities of the seawall as to what are the City's responsibilities related to seawalls and what are the private owners responsibility. We need to make sure what the problem is and whether or not we can address it as a City problem. He said the seawall behind your building is not the responsibility of the City, the seawall that we will build for the bridge is the City's responsibility, and when we build that seawall, we will protect any seawall that goes beyond it to the extent that we build the seawall for the bridge to the specifications so that it in no way impacts the liability of the seawall. Ms. Koenig thanked the Mayor for that assurance but we need concrete plans and specs. Once we have assurances we can go back to our residents and explain it with some knowledge. Mayor Edelcup said that is why he is suggesting that she meet with the City Attorney so that we can come to a resolution that satisfies you as well as what the City can and cannot do. City Manager Cohen said that the City Commission approved a resolution tonight which will among other things fund the final drawings for this project so that you will have clearer answers to your questions. When those drawings are produced we will be happy to share them with you and everyone else. Ms. Koenig said she would be glad to do that because this needs to be addressed properly with our residents. 14. ADJOURNMENT Mayor Ede1cup~9journed the meeting at 8:00 p.m. . , \ Respectfully submjtted by: . \':' &.-.- ,.~.,-GtJ~ .... "'-'", ,,'''~- ,-,-~.'.... ~ . \ " ". .. t , - " Jane A. Hines,G:MC; City q~rk '\ ... \ .",;"::' .,':\,.-<' " " ....." I.O-,~'" ., ..... ~ t'" ~ . .. '\ ' c. <''' Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I 13 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 1/19/2012 RE: Summary Minutes for the December 15, 2011 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the December 15, 2011 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/ agenda/Preview. aspx?I temID=67 6&MeetingID Agenda Item 3 A. Date ~- 12