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HomeMy WebLinkAbout2012-0315 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March 15,20]2,6:30 p.m. City of Sunny ]sles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRA TION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR TilE 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 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup City Manager Alan J. Cohen Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot Commissioner Isaac Aelion Asst City Manager/Finance MinaI Shah Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner George "Bud" Scholl 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Bob Welsh led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor EdeIcup gave opening remarks of decorum. 3. 3A. APPROVAL OF MINUTES Regular City Commission Meeting - February 16,20]2. Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. 4A. ORDER OF BUSINESS (Additions/Deletions/Amendments) Request to Hear Items: Additional Information: Item 6A. Arehitectural Drawings of Balconies for The Mansions of Acqualina; Item 6B. Traffic Memorandum; Item 10E. Letter of Clarification from T &M Protection Resources; Add-On: Item 58. Certificates of Appreciation to Pageant Winners; Item lOP. Agreement with Steigerbuilt, LLC; Item 12A. Discussion re: Skateboard Park. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of5-0 in favol', 5. SPECIAL PRESENTATIONS SA. Presentation by Crimestoppers Miami. Action: Police Chief Fred Maas introduced Richard Masted the Executive Director and President of the Crimestoppers of Miami, who presented a plaque to the Commission in Summary Minutes: Regular City Commission Meeting March 15. 2012 City of Sunny Isles Beach. Florida recognition of their supporting sponsorship of Crimestoppers of Miami. 58. Presentation of Certificatcs of Acknowlcdgcmcnt to Shayaan Suhzwarj and to Ari Salzman, Students at Norman S. Edelcup/Sunny Isles Beach K-8, upon winning their individual Spelling Bees held at the School. The Miami-Dade County Spelling Bee was held on March 6, 2012, where Shayann Subzwari finished in 6th Place in the Elementary Level, and Ari Sulzman finished in 12th Place for Middle School. Action: Mayor EdeIcup and the Commission presented the Certificates of Acknowledgement to the Spelling Bee winners. 5C. Add-On: Certificates of Appreciation to be Presented to the following Pagcant Winners: Miss Sunny Isles Beach USA 2013 Ana Perez; Miss Sunny Isles Beach Teen USA 2013 Leightavia Samuels; Miss A ventura USA 2013 Amaryllis Rodriguez; Miss Sunny Isles Beach USA Little Sisters Adina Boulos, Sole Amadi, & Valeria Arguelles; Miss A ventura USA 20]3 Little Sisters Anna Shikhimova & Leen Shlomo. Action: Mayor EdeIcup and the Commission presented the Certificates of Appreciation to the Pageant winners. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of The Mansions at Acqualina, Owncr of the Property Located at 17749 Collins Avenue, for the Following: (Hearing #Z2012-03) The Applicant is requesting a modification of the approved site plan. To include an increase of tandem parking and a variance to encroach into the tower side setbacks by 3 feet 6 inches with bay windows. I. Pursuant to Section 265-18(1) of the City of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the following modifications to an approved site plan pursuant to Resolution No. II-Z-]24, a) Pursuant to Section 265-46 (A)(4) of the City of the City of Sunny Isles Beach Land Development Regulations, the Applicant is modifying the tandem parking counts from 20% to 100% where the 100% is allowed by Code. b) Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-35(D)(4)(c)[1 lea) to permit a portion of the tower side setbacks to be 46 feet and six inches where a minimum of 50 feet is required. Protests 8 Waivers 0 Ex Parte 0 Action: [City Clerk's Note: Additional Protest Lelters distributed prior to meeting. Architectural Drawings of balconies and bay windows distributed prior to meeting.} Mayor EdeIcup gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing, administered the oath to witnesses, and noted for the record that 8 protest letters have been received. City Planner Claudia Hasbun rep0l1ed that the 2 Summary Minutes: Regular City Commission Meeting March 15.2012 City OfSUlll1Y Isles Beach. Florida City has no objections as the request is consistent with the Land Development Regulations and with the Comprehensive Plan. Public Speakers: Clifford Schulman, Esq.; Jules Trump; Stu Cohen, Architect; Kenneth Pearlman Clifford Schulman, Esq. representing The Mansions at Acqualina reported that their project was approved by the City Commission on December 22,2011. He introduced Jules Trump, one of the principles of Acqualina, who thanked the Commission and noted that today they have $213 Million in sales, they have sold out more than half of the building and this is all before their Sales Trailer even opens which will be on Saturday, March 24, 20]2. Mr. Schulman said their buyers have requested that they make one of the smaller balconies into a bay window and a breakfast nook in the exact same place as the balcony extended. Under the Zoning Code a balcony does not require a variance but if it becomes a bay window it does require a variance. Architect Stu Cohen presented renderings of the balconies and bay windows, and stated that it is the same distance away from the building as was the balcony. Mr. Schulman said that the City amended their Parking Code to allow 100% tandem parking and they were approved prior to that change. They are now asking to amend their site plan to bring in 100% tandem parking. Commissioner Scholl asked where the balcony lines up to the Acqualina, and Mr. Trump said it is looking into the back of the kitchen. Vice Mayor Thaler asked how many bay windows there will be, and Mr. Trump said the enclosures will be from the first level of apartments to the 45th floor. On the 46th floor, the top terrace is open. Vice Mayor Thaler noted that changing the tandem parking from 20/80 to 100% tandem parking, there will be no self parking at that point, and Mr. Schulman said they will have valet parking only. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion for approval, subject to staff conditions. Resolution No. 12-Z-127 was adopted by a roll call vote of 5- o in favor. Vote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup ~ Mayor Edelcup introduced a visitor in the audience, the former Mayor of Ottawa, Canada, Larry O'Neal. 3 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida 68. Request of Sunny Isles Kids' Club, Located at 17395 North Bay Road #102, for the Following: (Hearing Z2012-04) The Applicant is requesting a conditional use approval and a variance to increase the number of children for a child-care center from six (6) children to twenty five (25) children. I. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a conditional use approval for a Daycare Center in the RMF-2 Zoning District. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-44 (D)(2) to pernlit a Child Care Center with a maximum of25 children where 6 children are permitted. Protests 0 Waivers 0 Ex Parte 0 Action: [City Clerk's Note: A Traffic Memorandum was distributed prior to the meeting. See additional action under Item 4A. Mr. Price distributed information to the Commission and a Hearing Binder to the City Clerk.) Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Planner Claudia Hasbun reported that at this time the City has no objections to the Applicants request and it is generally consistent with the Land Development Regulations and the Comprehensive Plan. Public Speakers: Stanley Price, Esq.; Juan Calderon, Traffic Consultant; Victoria Rubinovich; Francel Thompson; Anastasiya Boikovf; Rod Feiner, Esq. Stanley Price, Esq. representing Sunny Isles Kids' Club reported that this is a request to permit as a conditional use a daycare center located in a prope11y which has traditionally been used for commercial uses. At the time of the original approval in 1970 Miami-Dade County did not have a mixed-use form of use in the Zoning Code, and therefore based on the representations of the developer of Winston Towers, the Commission granted a blanket variance for BU-] uses in this small commercial center located in the epicenter of Winston Towers. The daycare center is utilizing one bay which is approximately 1,600 square feet, and is presently permitted to have six (6) children under five (5) years old. They are requesting that it be increased to twenty-five (25) children, and have made ce11ain restrictions which he will address later on in regard to the possibility of future utilization of this area. The name of the facility will be the Sunny Isles Kids' Club. Daycare facilities are becoming a more and more common place type of usage in communities and the State Legislature has taken specific care in regard to licensing standards. He said that Mayor Edelcup was interviewed in Miami Today a couple of months ago and discussed at great length the change in demographics of this community. He noted census indications in 2000 compared to the 20 I 0, the demographics of school children under the age of 14 has increased from approximately 1,000 students to over 2,700 students today. The age classification of children under five years of age has gone from 491 in 2000 to 1,007 in 20] 0, and at this growth we are probably reaching ] ,300 to 1,400 children under the age of five. Mayor Edelcup had recognized in that interview with Miami Today that the City needs to keep in pace with the shifting demographics that are taking place in this community. 4 Summary Minutes: Regular City Commission Meeting March ]5,2012 City of Sunny Isles Beach, Florida Mr. Price said that there is a need in Sunny Isles Beach for a daycare center and they have a waiting list of over 65 children, 20 of which are from Winston Towers. Of the six children in the center today, five are from Winston Towers, and several of the parents walk their children to the center. Unlike schools, daycare centers do not have set hours of operation, it is based primarily on the parents' personal schedule. This property is in the district ofRMF- 2 which is a high density residential classification. While the original covenant provided that it would be primarily to serve the residents of Winston Towers this does not necessary fall within that purview because a daycare center is not a commercial use even though it is permitted as a matter of right in the BU-I district of the County. Under the City's Code it is conditional use whether it is in a residential district or a commercial district, and so therefore there is a recognition under the City's Code that daycare centers are to be freely placed within the City subject to a public hearing. Mr. Price said when his client sought approval from the State of Florida, this site has the license for 40 children, under the State of Florida Regulations more than 40 children can be placed in this facility. But because this is a fairly new use to the City, they believe it was incumbent upon them to prove themselves to this Commission and community and so they are asking for 25 children. They also indicated that no more than 4,000 square feet within the center can ever be used for another daycare center, precluding any other operators from coming into this center, this covenant has been signed and executed by the owner of the shopping eenter. He noted that the covenant he gave the City Attorney says school, they will strike that and make sure it says daycare for children under the age of five years old. In addition to the square footage within the facility which is under the City's Code 20 square feet per child, they have an additional outdoor area of approximately 1,200 square feet. They met with City staff who made certain suggestions that the play area, because it will now open up to the new roadway system for emergency vehicles, they will have a green iron rail fence behind the propet1y, it will be landscaped and bollards will be placed between the sidewalk and the fence. He noted that in the Letter ofIntent they have outlined why they believe that the conditional use does not adversely impact the public interest. Due to public health, safety and life welfare of the community and the dire need for this type of facility warrants the approval of this Commission. Mr. Price said one of the other things they have done in addition to agreeing not to come back to this Commission is that they will not file any new applications before this Commission until January], 20] 4 to give you an opportunity to see how they are doing, and to give you an ability to analyze whether they are consistent with their commitments. Secondly, they have committed that first priority shall go to the parents of people residing in Winston Towers to maintain the spirit of intent of the original Covenant. Juan Calderon, Traffic Engineer, highlighted several of the issues including the loading and unloading of children during peak time, and also to discuss the parking plan and the nature of this type of use. He said these types of facilities generates three times less traffic than the bank that used to be located here. This type of facility has staggered arrivals, there are no high peaks of demand and they are expecting about two cars every ten minutes for just 25 kids. Parking complies with the parking requirements in the City's Code of six (6) parking places. There is a median opening that was there previously from the bank. 5 Summary Minutes: Regular City Commission Meeting March 15, 2012 City of Sunny Isles Beach, Florida Mr. Price summarized that they are prepared to give a fully executed covenant subject to approval and you will state the time that is reasonable to the City. They will limit this to a daycare facility of children five years or younger, and they will not ask for an increase in the number of children until January 1,2014, and they understand that whatever the regulations or rules are at that time they know they have to comply with them. They also have the Covenant from the shopping center owner that states nothing other than this facility can be placed within 4,000 square feet in this shopping center, so you are not going to get multiple requests and applications in this location. Parents then testified in favor of the center. Rod Feiner, Esq. said he represents Ana Tkach, Ludmilla Pertsikhias, and Igor Balish who are all residents of Wilton Towers opposed to this application, and he asked that the Commission defer this matter for three months. There was never a traffic study performed or submitted as the backup that they can look at before hand, and in today's agenda you added a traffic report and you had a traffic engineer giving expert testimony which prevented his clients from hiring an expert to present rebuttal testimony. Before going forward, they will need three months to do traffic counts, write a report, review the report, and prepare the appropriate rebuttal documents. This is a quasi-judicial proceeding and is governed by set standards and you have to base it on competent and substantial evidence, which you have none other than possibly the traffic engineer and one of the parents. When Mr. Price spoke ofDCF approving this site for more than 40 children, there is nothing in the backup that talks to that, there is nothing in the Statutes that say daycare should be given special zoning treatment. If you do not continue this matter for three months and you rely upon anything that the traffic engineer has said then you have substantively denied his clients their procedural and substantive due process rights. The variance in of itself doesn't relate to traffic at all, it is a criteria, they have not demonstrated that they have met any of the criteria for the seven items needed for a variance. Commissioner Scholl asked Mr. Feiner why his clients do not want the daycare center, and Mr. Feiner said that they have significant issues with the traffic generation, what is going to occur in terms of traffic, there is a large difference between 6 and 25 children, they have significant issues with a large full scaled daycare being placed into this center. There is also the issue of how traffic and parking is going to flow in this area. They can also get kids from outside of this area. The covenants are not binding and there is nothing in there about that and he doesn't think it is enforceable. We are still governed by what the criteria are. Commissioner Scholl asked ifhis clients live in Winston Towers not Wilton Towers. Mr. Feiner said they live at ] 9380 Collins Avenue, and Commissioner Scholl said they don't even live in the proximity of the daycare center. Mr. Feiner said they are canying the ball for a bunch of other residents in Winston Towers who did not want to be formally represented by his firm because they did not want to sign retainer agreements. Commissioner Scholl asked the City Attorney if they have to deny this based on what this Attorney is telling them, and City Attorney Ottinot said no, he disagrees with Counsel. This is in compliance with due process requirement of the law, in fact, Counsel has opportunity to cross examine the traffic expert here tonight, he has not done that. Our Code for conditional use does not require an applicant to provide a traffic report, this was a courtesy done by the Applicant. In fact, if Counsel wanted to challenge the expert here tonight he could have 6 Summary Minutes: Regular City Commission Meeting March 15,2012 City ofSullny Isles Beach, Florida hired an expert on his own to prepare a report, and that report does not have to be turned over to Mr. Price. But the bottom line is that it is in compliance with due process of law. Mr. Finer said they did not have to bring a traffic engineer with them but once they do and that engineer submits a report, it is quasi-judicial proceeding, it is fair play, and if you are going to rely upon that report that was added to the agenda then we could have gone out and responded to that. Let's look at the criteria and what the law is, it is not our burden to satisfy the criteria, it is their burden. He did a public records request to the City Clerk and asked for all the backup of this item, and he received it and it was available on the website. This report was not made available to him. Commissioner Scholl said that is if they rely on the traffic report, and Mr. Finer said we are all going to rely on it and make a determination, if you are not going to rely on it, he has significant issues with how traffic is going to circulate, when people get dropped off, etc., and this information is significant for the conditional use Code. City Attorney Ottinot said that there is long standing case law in the State of Florida that clearly states that staff report is substantial competent evidence. Commissioner Scholl said he recalls that this same traffic engineer gave us testimony during the last hearing, and he remembers that it did get denied although he had voted in favor of it. We had some similar traffic evidence from that hearing as well. Mr. Price said the most fundamental concept of Zoning law is that one must have standing to challenge an application, and there has been zero testimony or even statements by the attorney who he represents and where do these people live. He gave an address that was not a Winston Towers address, we don't know who he is representing and what their cause of action is. To say and argue in front of this Commission that the children may have to cross lanes of traffic to get to the outdoor area, ifhe would have looked at their site plan which was submitted as part of the application, they get to the outside area by walking outside the door of the daycare center into the outdoor area, they don't cross any lanes of traffic. They gave staff a copy of the license from the Department of Family and Children Services for 40 students which is in the record, he also has the site plan, the traffic report which is the identical traffic rep0l1 that was given at the last hearing except that traffic report was for a greater number of attendees to this daycare facility. Even under that traffic report it clearly indicated that the amount of parking was more than sufficient to satisfy the needs, and because of the sporadic nature of attendance at a daycare facility, you don't have peak periods that you have at most schools. Daycare is when the parent finds it most convenient to drop their child off. He introduced into record prior application, staff recommendations, site plan, the parking plan that were all submitted as part of this application. The time has come for Sunny Isles Beach to recognize a growing segment of their population needs this type of service in this community. Part of an integrated City is not only residential uses, a commercial mix, an educational mix of schools, daycare facilities, and religious institutions, that is what makes a community, and it is unfair that young families in this City must look to surrounding communities to bring their kids. He also reached out to the school here, to several of the teachers in regards to bringing their young children closer to them during the day. They believe this service is greatly needed, and they have agreed to all the conditions. Mr. Finer said he wanted to clarify who his clients are, Louella Pantfuiukhina who lives at 231 174th Street, Unit 202. He is not registered as a Lobbyist, and City Clerk will send him a Lobbyist Form to fill out. 7 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida Commissioner Gatto said that she lives in Winston Towers 300, and in December she met with Wendy, one of the owners, and at that point she did not have six children signed on. Also she had said they were considering moving to a larger space and taking over the bank area. She suggested to her to test the market first, and she volunteered to inquire about some other areas that might work. The reason she did that was because Wendy had mentioned to her that they were no longer interested in using the back yard area, and so that opened the door to other opportunities because there are not a lot of backyard areas available and was a little problematic. She deals with the corner of I 74th and North Bay Road several times a day, and she is concerned about the traffic as there are 2,800 apartments in the seven buildings of Winston Towers. Just about all have cars, and most of have two or three cars. She doesn't see the traffic study as compared to the bank as apples to apples, the bank is commerce, people go into the bank on an as needed basis. At a daycare center when you are dealing with children in diapers and car seats, and time spent trying to coordinate getting them out and in will add to the congestion there. A couple of weeks ago there were cranes in the area doing permitting work for the bridge, the parking area that goes right up against the proposed backyard where these kids are going to play, and she is worried about the future when the actual construction takes place with the bridge. She is not against the concept, she just thinks this area is not right for it. Vice Mayor Thaler said he was also there in December and his conversation was having 25 children, putting a fence up in the back of the playground, and it is a walk through the door to get to the playground, there is no street involved. Is there a need in this City, absolutely. He likes the fact that the applicant will not come back until 2014. One thing he discussed when he was there was dedicated parking spaces and he did not hear that in tonight's hearing to dedieate some ofthe parking spaces just for the daycare center, as they had for the bank. Mr. Price said they would agree to make that a condition if this is approved. Commissioner Aelion agreed with Commissioner Scholl, opposing arguments were not convincing but when you look at the big picture, we are limited in capabilities oflocations of uses and we have plazas here. The point here is when parents are going to drop these children, they are normally working parents, and he has a few issues with this. We have issues with noise where the Skate Park was built with no studies or pilot testing, and when you see in the baekyard, 100 Winston Towers, and the other side 300 which would be less impacted, but when you have 25 children outside playing, he doesn't want to be back here because of a noise issue. There is a child learning center with 25 kids in the RK Center,and there is one at Intracoastal Mall and A ventura. The issue before us is a greater issue and it is an issue of impact to the community of 5,000 residents within the complex. Commissioner Scholl said that every building in Winston Towers has a swimming pool, he will never subscribe to the fact that the sound of children at play is a public nuisance, we build parks, children play in the parks, and people do not complain about the parks. The fact is that we have a facility close to Winston Towers but a lot of other invasive uses that could go into that center that could cause just as much traffic or more and not have 5% of the benefit to the community. At the end of the day it is something we need in our community, from a safety standpoint that location is probably the safest place we can put a daycare center. 8 Summary Minutes: Regular City Commission Meeting March 15,20]2 City of Sunny ]sles Beach, Florida Mayor Edeleup said that the Winston Towers complex of 2,800 units is not an adult community. It was populated originally by that age bracket but there is nothing in the documents of the Winston Towers Condominium Association that sets an age limit, and therefore children are going to be moving in. That shopping center was essentially set to be a benefit to the residents of Winston Towers, it didn't specify an age bracket, he doesn't buy into the fact we have some people that don't want to have anything to do with children in that particular shopping center. The traffic comments don't really have anything to do with what is before us. What we are looking at primarily is a conditional use. Almost any kind of retail operation would bring traffic to that area. He originally was operating a bank there ten years ago and we had as much traffic if not more particularly in the morning hours when people who drove to or from work would stop at the bank in the morning creating a traffic flow. The biggest traffic flow in there that no one has mentioned is the Temple that is there. We need an area in the City for children to be in a safe environment and it is much better to be in an area that is off Collins A venue, and so it meets that criteria as well. The space behind it is the backyard, it is not across the street, it is opening the back door and walking into the yard. When this application was before us before and they wanted over 40 people there we had a problem with the unknown as to what it would take to facilitate a good space for these people, and at that time the backyard was not being enclosed. For these reasons, he does not see a problem in granting a conditional use for a daycare center there. The relevancy of whether it is six or twenty-five children he does not think was related to only six children being in a daycare center, he thinks that was the number caleulated on a square footage and had nothing to do with a daycare center, and so moving it from six to twenty-five is not indicative only strictly for what a daycare center would have been required to have. Commissioner Aelion asked what the ceiling is for the number of students in the facility, and Mr. Price said they have 1,600 square feet and it can go up to 4,000 square feet, and can go up to 200 children. Commissioner Gatto added that one of the Presidents of the Winston Towers buildings had asked for a crossing guard at the corner of North Bay Road and 174th and the Police Department put someone in. When the school bus stops everything stops. Vice Mayor Thaler noted the addition of the dedicated parking spaces. City Attorney Ottinot said that the Applicant also agreed to include the 25-student cap in the Covenant, which means in order to change that they would need a public hearing to modify it. Mayor Edeleup said what we are approving also is that it doesn't necessarily restrict them to the students living in Winston Towers. City Attorney Ottinot said that is a business decision. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion for approval, subject to staff conditions. Rcsolution No. 12-Z-128 was adopted by a roll call vote of3- 2 (Commissioncr Aelion and Commissioner Gatto opposed) in favor. Vote: Commissioner Aelion no Commissioner Gatto no Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edeleup ~ [City Clerk's Note: The Commission took a 7-minute recess and noted that Item IOH will be heard before Item lOA. Commissioner Aelion had a conflict and left the meeting after Item 6B was heard. ) 9 Summary Minutes: Regular City COlllmissioll Meeting March 15,2012 City ofSul1ny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Issuancc of Not Exceeding $10 Million of Capital Improvcmcnt Revenuc Rcfunding Bonds of the City of Sunny Islcs Beach, Florida; Approving a Loan Agrccmcnt in Rcspcct of Said Bonds; Authorizing the Execution and Delivery of the Loan Agreement in Substantially the Same Form Attached Hereto as Exhibit "B"; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance MinaI Shah reported this will defease the existing bond, and take out a new bond to advance refunding at an interest rate of2%. The loans will run concurrently for a few months until we defease the bond, overall there will be a net savings to the City of$].9 Million over the next ten years. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve thc proposcd ordinancc on first reading. The motion was approvcd by a roll call vote of 4- 0-1 [Commissioner Aelion absent] in favor. Sccond reading, public hcaringwill bc held on Thursday, April 19, 2012, at 6:30 p.m. Vote: Commissioner Aelion absent Commissioner Gatto m Commissioner Scholl m Vice Mayor Thaler m Mayor Edelcup m 8. PUBLIC HEARINGS (Other than Ordinanccs for Second Reading) None 9. ORDINANCES FOR SECOND READING (Pnblic Hearings) None 10. RESOLUTIONS [City Clerk's Note: The Commission heard Item IOH before Item IDA.] lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchasc of One (I) 2012 Polaris Rangcr XP 800 (ATV) from Polaris Salcs Inc. for Usc by Ocean Rescue, in a Total Amount Not to Exceed $11,066.21, 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 Cultural and Human Services Director Susan Simpson reported noting that after speaking to Chief Maas, now that Ocean Rescue is officially under the Police Department, we can purchase this through forfeiture funds rather than through the General Fund. 10 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida Public Speakers: None City Manager Cohen said on March 4, 2012 we transitioned the Ocean Rescue Division over to the Police Department. Last night we had a wonderful meeting with all of the members of the Ocean Rescue Division both full and part timers and we went over what the expectations would be and what we thought of the transition. The main reason he brought it up is that there were several recognitions given to Susan Simpson during the evening. Our Ocean Rescue Division is considered the best in our County and that is due in large part to Susan's efforts who built this Division from scratch, and Police ChiefMaas gave a history last night of how the Ocean Rescue Division came to be. Tonight he just wanted to acknowledge Susan's efforts and thank her as she passes the baton to the Chief for building such an incredible organization. Mayor Edelcup and the Commission congratulated her. Commissioner Scholl moved and Vice Mayor Thaler seeonded a motion to approve the resolution, Resolution No. 2012-1867 was adopted by a voice vote of 4-0-1 (Commissioner Aelion absent) in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agrcemcnt with Dcsign Studio Boca for Landscape Architect Consultant Services, in an Amount Not to Exceed $10,000.00, 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: City Clerk Hines read the title, and City Manager Cohen reported noting that from time to time the City utilizes the services of Bell David and Associates. They provide our City Planner with backup and training consultation for our site plan applications. They do not however have expertise in landscaping, and in order to enhance the skills of our Planner, we felt it prudent to contract with a landscape architeet. The lion share of the fees involved in the contract before the Commission is reimbursable by the developers that come forward for development projects in the City. We only have one non-reimbursable item that we want to bring before this landscape architect and that is to have them review the frequency specifications and other items related to the City-wide landscaping contract. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approvc the resolution. Resolution No. 2012-1868 was adoptcd by a voice vote of 4-0-1 (Commissioner Aelion absent) in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of RFP No, 12-01-01 to and Entering into an Agreement with American Building Engineers, Inc. for Restroom Structural Beam Restoration, in an Amount Not to Exceed $16,000.00, 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: City Clerk Hines read the title, and City Manager Cohen reported that one of the bathrooms at the William Lone Beach Access has been out of commission for several months II Summary Minutes: Regular City COlllmission Meeting March 15,2012 City of Sunny Isles [3each, Florida due to a deteriorating structural beam, this is the bathroom that is closest to the ocean and has been subject to a lot of salt water over time resulting in concrete spalling. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the rcsolution. Resolution No. 2012-1869 was adopted by a voice vote of 4-0-1 (Commissioner Aelion absent) in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of ] 984, to Expend up to $149,500.00 from thc Fcderal Forfciture (DOJ) Funds for the Hiring ofa Security Consultant for a Comprehensive Security Mastcr Plan; Providing for an Effective Date. Actio,,: City Clerk Hines read the title, and Police Chief Fred Maas reported that this is a certification to ensure that the funds for this project [Item] OE] qualify for such a program. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve thc resolution, Resolution No. 2012-1870 was adopted by a voicc vote of 4-0-1 (Commissioner Aclion absent) in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of RFP No. 12-01-02 to and Entcring into an Agrccmcnt with T & M Protection Resources, LLC., for Security Consultant Serviccs, in an Amount Not to Exceed $]49,500.00, 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: Correspondence Fom T & M Protection Resources was distributed prior to the meeting clarifying the scope of work.) City Clerk Hines read the title, and City Manager Cohen reported. Public Speakers: None Commissioner Scholl said this is an incredible firm but he didn't see anything that even comes close to a job of our size on the resume. How did we choose this firm, and do we think the firm might be overqualified for what we are asking them to do. Chief Maas said this firm has done tremendous work, the RFP went out and they did submit their bid. Mayor Edelcup asked if there were any other firms that bid, and City Manager Cohen said ultimately the answer is no, we had quite a lot of interest expressed, and in the end this was the only firm that responded. City Manager Cohen said that this is a contract to assess our security for the public domain, or for City-controlled facilities and in no way does it impact shopping centers, condominiums, or anything in the private sector, and the letter from T & M that was distributed clarifies that. It is the exact same scope, the consultant simply clarified what their 12 SUnlmary Minutes: Regular City Commission Meeting Mnrch 15,2012 City of Sunn)' Isles Beach, Florida understanding of their responsibility was. City Manager Cohen noted that he told them that we wanted an assessment of the public domain, and he explained to thcm that the wording of their proposal was not clearly understandable by our Commission and he asked them to send us an additional letter to clarify that. City Attorney Ottinot said the letter would be included in the contract. Vice Mayor Thaler said that the letter spells out the trepidations that he has had and the difference between the whole City and City-owned property. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-]871 was adoptcd by a voice vote of 4-0-1 (Commissioner Aelion absent) in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of RFP No. 12-01-04 to and Entcring into an Agrecment with GraphPlex Signs fOI' Removal, Fabrication and Installation of Beach Acccss Signs, in a Total Amount Not to Exceed $15,280.00, 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. Actioll: City Clerk Hines read the title, and City Manager Cohen reported that several beach access points are missing signs and so this is a contract to replace those signs, and it also includes repair for three existing signs. Public Speakers: None Mayor Edelcup said at the Sayan building there should be a beach access sign which is not there, there used to be one there. Commissioner Scholl said they are needed in the front and in the back. Mayor Edelcup said when ordering these signs to make sure they are not pole signs for that particular site. Vice Mayor Thaler said there are other signs missing on the beach and he hopes someone walked the beach, at the Millennium there is only one sign not two. City Manager Cohen said that staff did walk the beach and came up with this list requiring nine (9) signs. Commissioner Scholl said that the signs are holding up well and so it must be vandalism. City Manager Cohen said we are going to speak to the contractor about better ways to secure these signs. Vice Mayor Thaler asked when we will have a contract for the rest of the signs that we need on the beach, and City Manager Cohen said those signs are on order and are coming from a different vendor, which are considerably less and a Purchase Order was issued on February 27. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve thc resolution. Rcsolution No. 2012-1872 was adoptcd by a voice vote of 4-0-1 (Commissioner Aelion abscnt) in favor. lOG. A Resolution of the City Commission ofthc City of Sunny Isles Beach, Florida, Awarding Bid No. ]2-01-05 and Approving Vendors fOI' Evcnt Ridcs and Carnival Related Equipmcnt Rcntal for Va.-ious City Evcnts; Authorizing the City Manager to Enter into Separate Agreements with Selected Vendors in an Amount Not to Exceed $65,000.00 13 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Islcs ileach, Florida Annually in Combined Expenses; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported that the City produces approximately 60 events per year, and for that we rent carnival rides, games, tents, tables and chairs. We typically come to the Commission for purchases that would exceed $10,000 for each of these vendors. We put out a bid and All Star Rentals were the bidder for the rides and games, and Elite Tents for the tents. Other vendors may get added to the list later. City Manager Cohen said we are bringing this to you in lieu of bringing event specific requests to you which we have done in the past. This is a way to bring all of our events together so we do not have to keeping coming to the Commission for approval for every individual event. Public Speakers: None Mayor Edelcup asked how do we ensure year after year that we are still getting the best price, will this go out for bid each year, and Assistant City Manager Shah said that we have an RFQ out and so when vendors show interest, they are able to apply for staffto consider. Each time an event occurs we will provide a list of items that they are looking to have for that event, and then they will price it out and compete against each other. Part of the purpose in doing this was to ensure that we did have prequalified vendors since they are servicing our residents and their children. Ms. Simpson said one of the qualifications that we had is speeifically the carnival rides, they have employees that work those rides, they screen those employees really well opposed to perhaps somebody else. What they did with this bid was that they offered us a discount from their list price, and so we get 10% off their across the board prices for whatever we choose. If we have someone else that meets the same criteria, ie. screening of their employees, we would add them to the list and get quotes from both. Mayor Edelcup said before each one was a separately negotiated contract, is our discount only if you give them a year contract for various events versus a specific event. Ms. Simpson said previously we were not getting the 10% off discount, by registering them for the full year, we are getting that 10% discount. We are not guaranteeing them any future purchases for that year, we are still going on a case by case basis. Commissioner ScholI moved and Vice Mayor Thaler seconded a motion to approvc the resolution. Rcsolution No. 2012-1873 was adopted by a voice vote of 4-0-1 (Commissioner Aelion abscnt) in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agrecmcnt bctwcen thc City of Sunny Islcs Bcach and the Police Bcncvolcnt Association (PBA), 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 Hines read the title, and City Manager Cohen reported that the City has concluded its negotiations with the Police Benevolent Association for our first contract which memorializes the status quo regarding terms and conditions for employment for our officers and maintains the City's management rights. The conduct of the negotiations, he felt 14 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida was very positive and professional. We have a representative from the PBA here Christina Escabar. We are pleased with the contract and recommend approval. Public Speakers: Christina Escabar; Mayor Ede1cup asked if it was a three-year contract, and City Manager Cohen said yes, it is for a period of three years effective today, and so it extends to March 2015. He noted thatthe management team included Assistant City Manager/Finance Director MinaI Shah, Police Chief Fred Maas, Captain Michael Grandinetti, and City Attorney Hans Ottinot. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Rcsolution No. 2012-1874 was adopted by a voice vote of 4-0-1 (Commissioner Aelion absent) in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of a Server, Data Storage Appliance, Dcsktop and Laptop Computcrs from Dell, and Renewing an Annual Maintcnancc Support Agrcemcnt, for the Information Technology Department, in an Amount Not to Exceed $56,500.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Director MinaI Shah reported. Public Speakers: None Mayor Ede1cup asked what happens to the old computers, and Assistant City Manager Shah said we surplus them and then sell them on Ebay. Mayor Ede1cup said that the school may want them, and Commissioner Scholl asked if we can donate them. City Manager Cohen said we can offer it but he doubts if they will want them because this equipment is considerably older than other equipment that they have. Mayor Ede1cup said to make the offer to the school, and if they decline we can surplus them. Commissioner Scholl would rather donate them. City Manager Cohen asked if we need any further authorization to donate these items, and City Attorney Ottinot said that the Commission is giving staff that authority now. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approvc the rcsolution, as amended. Resolution No. 2012-1875 was adopted by a voicc votc of 4-0-1 (Commissioner Aelion absent) in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Change in the Personnel Policy regarding Tuition Reimburscmcnt, 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 City Manager Cohen reported that this recognizes the higher cost in tuition for those in our organization seeking Master Degrees and higher. The dollar amount still falls within the maximum amount that any employee can receive, it simply allows them to get that money upfront rather than into installments if 15 Summary Minutes: Regular City Commission Meeting March 15,2012 City ofSullny Isles Beach, Florida money is available at the end of the fiscal year. Public Speakers: None Vice Mayor Thaler asked if we are sure by doing this that they are going to finish the classes, how do we prove that, and City Manager Cohen said in order to receive the reimbursement they have to finish the class and actually produce to us the grade report with a minimum grade in order to qualify for the reimbursement. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve thc resolution. Resolution No. 2012-1876 was adoptcd by a voicc votc of 4-0-1 (Commissioner Aelion absent) in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Budget Amcndmcnt No. BAII12-015 to Fiscal Ycar 2011/2012 Budgct to the Gencral Fund (10) Which Includes a Reduction in the Contingency Fund by $175,540.00 to Fund a Cost of Living Increase and the Sister City Program and to Ensure Budgetary Compliance; 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 this amendment is to cover the cost of a COLA for our staff which includes setting aside some monies for the anticipated increase in the PBA Step Program as a result of the contract that was approved, monies to fund our Sister City efforts, and to ensure budgetary compliance. Public Speakers: None Mayor Edelcup asked when it is effective, and City Manager Cohen said the COLA is effective April], 2012, or technically the 14th pay period of the fiscal year. Commissioner Scholl moved and Commissioner Gatto seconded a motion to approvc thc resolution. Resolution No. 2012-1877 was adoptcd by a voice vote of 4-0-1 (Commissioner Aelion absent) in favor. lOL, A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Allocation for the Sunny Isles Bcach Sistcr City Program, in an Amount of $30,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported noting that the City is looking to build on its success to date with its Sister City Program. To do so requires funding for both the delegations that come to visit us, and for our delegation to go to the Sister Cities. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve thc rcsolution. Resolution No. 2012-1878 was adopted by a voicc vote of 4-0-1 (Commissioner Action abscnt) in favor. 16 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Use of Ccrtain Resourccs for thc College Scholarship Trust Fund Annual Dinner, in an Amount of $3,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actioll: City Clerk Hines read the title, and City Manager Cohen rep011ed that as a result of a settlement agreement between a local florist in the City, the City has a$15,000 credit which can be used to purchase flowers. We have been requested by the Trust Fund to take advantage ofthat credit for the use of the Sunny Isles Beach College Scholarship Trust Fund dinner in an amount not to exceed $3,000. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approvc thc resolution. Rcsolution No. 2012-1879 was adoptcd by a voicc vote of 4-0-1 (Commissioner Aelion abscnt) in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchasc and Installation of a Monument Sign from GraphPlex Signs for Government Ccnter, in an Amount Not to Exceed $14,590.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actioll: City Clerk Hines read the title, and City Manager Cohen reported that most of our City facilities have monument signs directing the general public. However we don't have one in front of our Government Center alerting pedestrians and motorists as to the location of the Government Center, Police Department, the Library, the Post Office, and the Visitors Center. This sign would address those needs. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approvc the resolution. Resolution No. 2012-1880 was adopted by a voice vote of 4-0-1 (Commissioncr Aelion abscnt) in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Server Equipmcnt and Software from Unitrends, Inc. for the Information Technology Department, Under Mississippi Department of Information Technology Services RFP No. 3658, in an Amount Not to Exceed $30,000.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actioll: City Clerk Hines read the title, and Assistant City Manager/Finance Director MinaI Shah said this system is to replace our current tape backup system which backs up every 24 hours, where this new system will backup every hour and it is tapeless. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1881 was adopted by a voice vote of 4-0-1 17 Summary Minutes: Regular City Commission Meeting March 15,2012 City orSunny Isles Beach, Florida (Commissioner Aelion absent) in favor. 101'. Add-On: A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Agrecmentwith Steigerbuilt, LLC for Installation of Landscaping and Irrigation of Vacant Lots Located at 16050 and 16000 Collins Avenue for the Intracoastal Parks Project, in an Amount Not to Exceed $53,500.00, Attached Hereto as Exhibit "A"; Waiving the Competitive Bidding Procedures Pursuant to Section 62-12 ofthe City Code; 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: Item distributed prior to the meeting. See additional action under Item 4A.} City Clerk Hines read the title, and City Manager Cohen reported that this project is the continuation of the development of our Intracoastal Park Project. We have demolished that property and there is a lot of dirt flying around. We did not feel we had enough time to go through the formal bidding process and so he has determined to waive it, none the less we did get competitive bids and we want to award it to the low bidder. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1882 was adopted by a voice vote of 4-0-1 (Commissioncr Aelion absent) in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Add-On: Discussion regarding the Skateboard Park. Action: [City Clerk's Note: See additional action under Item 4A.} City Manager Cohen reported that the City Commission earlier last spring passed a Resolution limiting the Skate Park hours to address some concerns that had been expressed by members of the public regarding the noise. The Resolution at that time was for a specific period of time, it was supposed to sunset at the end of the summer when school started. We recognized after the fact that we had not in fact adjusted the hours and they had stayed the same. An interest has been expressed in the community to bring the closing hours back from 7:00 p.m. to 8:00 p.m. Staff has discussed this and we are recommending the extension to 8:00 p.m. on Fridays and Saturdays. This came up at the Agenda Workshop and the request was made to have further discussion on this matter this evening. Mayor Edelcup said then two nights out of the seven nights, and City Manager Cohen said that is correct. Vice Mayor Thaler said originally we were talking about every day and it was cut back from seven days to two days based on the discussions that were had at the 18 SummaI)' Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida Workshop, and it was hoped that two days a week would be fair to the children on the weekends when they are not in school, to have the extra hour to skate. Commissioner Gatto said that the weekend right now provides 14 hours of skating time for the kids, 14 versus 16 isn't a huge leap but it would make a very big difference in the lives of the people who live there. She would like to suggest that we don't increase the hours yet until we get the Request for Qualifications or Proposals information. At this point it would be a mental hardship for a bunch of folks right now to increase it on the weekend. Saturday is particularly bad because right now it is eight straight hours, and it is six on Sunday. One Saturday a month is family movie night which is a wonderful thing but then you have got no relief for many hours on a weekend. Mayor Edelcup said that we have had many people ask that the hours be extended especially since it is daylight savings time, at 7:00 p.m. the sun is not near the sunset. All throughout this whole episode with Skateboard Park, he thinks we have bent over backwards trying to accommodate those who are complaining at Winston Towers about the noise. Asking for two hours more in an entire week he thinks it is so minimal that to him it is totally irresponsible to deny the children the right to be able to use that Park for two hours. People are not going to bed at 7:00 p.m., and if they are, they are the exception rather than the rule. There is always going to be the problem of the complaints, it is whether or not that extra hour, two hours a week is such an undue burden to lay against the fact that the children are in a much safer location skateboarding there than they would anywhere else on the streets of Sunny Isles Beach where they would be forced to be in traffic or trying to ride among pedestrians that are walking the streets, or riding around the plazas in the City. We have had skateboarders even attempting to skateboard in the various Parks. We have tried to isolate this to keep it into a small enough area and we have cut back the hours severely from where we started, and so he doesn't see adding two hours in a week is a major hardship for the people who live in the area. He recommends that it is a decision for management to make and we will go from there. Weare trying to do the study, whenever the study gets produced, we will see what happens and what we can do with it, but in the interim we are back to the situation where the only way he can make anybody happy would be to close the Skateboard Park completely. The people are not going to be happy whether it is 7:00 p.m. or 8:00 p.m. and if we are going to have people unhappy he may as well have it for two more hours, those people will be unhappy but at least we will have more children in a safer environment. Commissioner Scholl said the fact is that we have alternatives and we are not pursuing them and we know that. Where are we at in finding an alternative to the issue, and City Manager Cohen said we are finally close to finishing a scope, that is one of the reasons we hired CGA so that he ean get assistance in that matter, and so he is hoping to send to the Attorney, no later than next week, a proposal to go out so that we can actually solicit some bids. Commissioner Seholl said so the thing that we ean agree upon is simple, we want the skaters off the street. As we said during the last vote, he voted to close the Park to bring attention to the issue that the Park needs to be dealt with and we are not dealing with it. Again in all due respect to the Mayor he acts like either closing it or leaving it open are the only two options and he does not agree with that, we have other options and so hopefully we are going to scope this. He is again going to air on the side of Commissioner Gatto because he feels like 19 Summary Minutes: Regular City Commissioll Meeting March 15,2012 City of Sunny Isles Beach, Florida until we deal with this issue in a holistic matter to try and find a permanent solution, this is going to keep coming back to us, and it is easy for the folks that don't live there to sit and rationalize this but it keeps coming up again and again, and so it is really bothering a group of people. The fact is that we are exceeding our own noise ordinances, and we have proof of that and it is very frustrating. Mayor Edelcup said we are not exceeding the noise ordinance, if you read the ordinance because the City Manager brought it to him, it goes above the decibel reading for the higher noise. City Manager Cohen said he would like to clarifY that because we had another situation in the community and so he had to do some learning so to speak on the noise ordinance, and what he realized is there are two aspects of it regarding this situation. One is that we were under the mistaken impression that the 60 decibel limit was a solid limit but the way our Code is written it says you cannot exceed either 60 decibels or the background ambient noise whichever is greater, and so the study that was done just read the noise from the Park and he is not sure if we did a comparative. Commissioner Scholl said so we don't know what the background ambient noise was, and so we don't know if we have exceeded it or not but we assumed in the first part of the study that we exceeded it. City Manager Cohen said secondly and this is the more interesting twist in this is that our noise ordinance only applies to noise generated from private property. Commissioner Scholl said how ridiculous is that. Again, we can try to support our arguments with all of these technical nuisances and try to reach into our Code and try to extract but his point is, we need to find a permanent solution, this will be coming back to us until we do. He is not in favor of extending the hours, he would love to have the hours 24/7 if we had a permanent solution because he believes we need to keep the kids off the streets as well but we are not addressing the eore issue and we need to do it. Vice Mayor Thaler said that he thinks we are now, we are moving forward on getting the report that we are aU looking for. Commissioner SchoU said in the meantime though we shouldn't put these folks through any more anguish. Vice Mayor Thaler said he disagrees, the January figures were almost at 800 kids for the month of January, and 700 kids for the month of February which are both an increase over previous months, and he thinks if we would have closed the Park which is what your suggestion was, they would be all over the City. Commissioner Scholl said his suggestion was not to close the Park, he voted for it but he explained his vote because he was given no alternative. He has been consistent about finding a permanent solution. City Manager Cohen said he would like to clarify an important point here because he thinks based on this clarification all of you will be in favor of what we are putting forth. Technically the resolution that expired at the end of the summer would have led us to extending the hours back to the original hours of 8:00 p.m., seven days a week, and so the recommendation is not to do that but to only extend it two days a week. Ifthere is no action taken, we would be compelled to bring it back to seven days a week, 8:00 p.m., and their recommendation is not to do that. Commissioner Scholl noted that this is just a discussion item, we are not voting on this tonight. City Manager Cohen said no but he is seeking direction from the Commission on that. Mayor Edelcup said since you were compelled to bring it back, he is willing to just bring it back for those two hours as a compromise, but if we can't reach a compromise to bring it back to where it was and follow the ordinance, there 20 Summary Minutes: Regular City Commission Meeting March 15,2012 City of Sunny Isles Beach, Florida are three solutions: 1) keep it open; 2) close it; or 3) build an enclosure. He does not want to build an enclosure, and Commissioner Scholl said we don't know what an enclosure entails. ]f staff is going to take the default position of seven days a week, an extra hour, then he and Commissioner Gatto are getting boxed out again, then he is going to be in favor of the two hours. Again, we get into these technical parliamentary arguments here and he doesn't really get to voice his clear point based on the voting record. Weare not voting on this but his point is if the fall back position is seven days a week, and that is where staffis going to go, then obviously he is going to say go for the two hours but he doesn't feel we should extend it at all because he feels that until we find a permanent solution for these folks, we should stick with where it is at right now. Commissioner Gatto said she cannot SUPPOlt extending it in any way, shape or form it is just two hours which is negligible and those two hours are important to the people that she is representing. Mayor Edelcup said let's go back to where we are at right now, it will either fall back completely or go to the two hours. Vice Mayor Thaler said it is either seven days a week or two days a week, that is it, that is where we are. Commissioner Scholl said or no days a week or there is no increase, again, you are acting like it is either or, and what City Manager Cohen is saying is that if we don't give him direction, then he is going to seven days a week. If we give him direction and say we don't want an increase, it is clear but that is not the direction that we are giving him, and so, in this case Commissioner Gatto can vote no, and he is going to vote for the two hours and we will go with the two hours but you stay true to your residents. Mayor Edelcup reminded Commissioner Gatto that all residents ofthe City are her residents, and she said she understands that but she is trying to help people that are elderly or have other issues that are going on. She noted that she and the City Manager sat on one of the benches last week and they were astounded how they heard the noise pinging off from different balconies as they were sitting there, this is very serious. City Manager Cohen said that we are just as anxious to bring resolution to this and he is trying to move this project forward. He can assure the Commission that staff is acting in good faith and are spending a lot of time on this issue trying to bring some resolution. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Maria Elvir, Sahara Beach Club Condo unit owner, thanked the Police Maas and the Police Department for their assistance in helping them to resolve a problem she was having at the Sahara Beach Club. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 9:20 p.m. Respectfully submitted by: Approved by the City Commission on April] ,20]2 ~~~L Jane A. Hines, CMC, City Clerk Preview TO: FROM: DATE: RE: Page ] of] City of Sunny Isles Beach t8070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City lIall (305) 949-3113 Fax MEMORANDUM The Honorable Mayor and City Commission .Jane A. Hines, CMC, City Clerk 4/19/2012 Summary Minutes for the March 15,2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the March 15, 2012 Regular City Commission Meeting. REASONS: N/A . ATTACHMENTS: Summary Minutes Agenda Item 3 B ~-\.9-1~ Date http://sibagenda.sibfl .net/ agenda/Previ ew. aspx 71 temI D=7 50&Meetingl