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HomeMy WebLinkAbout2012-0419 Regular City Commission MeetingSUMMARY MINUTES Regular City Commission Meeting Thursday, April 19, 2012, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 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 Minal Shah Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner George "Bud" Scholl 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Representative Joseph Gibbons led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation noting that today is Holocaust Remembrance Day and asked for a moment of silence. Mayor Edelcup gave opening remarks of decorum. He recognized former City Commissioners Roslyn Brezin and Gerry Goodman, and noted that tomorrow is Commissioner Brezin's Birthday. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting — March 1, 2012. 3B. Regular City Commission Meeting — March 15, 2012. 3C. Special City Commission Meeting — March 28, 2012. Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve each set of the above Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 4. ORDER OF BUSINESS (Additions /Deletions /Amendments) 4A. Request to Hear Items: Add -On: Item IOM. Purchase of Roofs for Lifeguard Stands; Item ION. 1" Amendment to Agreement with Steigerbuilt, LLC; Item 100. I't Amendment to Purchase Agreement with Dezer Development (revised Amendment distributed). 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 of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS 5A. City Commission Employee Recognition Program: Certificates of Appreciation to be Presented to the Following City Employees: Claudia Hasbun, Fernanda Gonzalez, and Luz Rey. Action: Mayor Edelcup reported that these employees went above and beyond the call of duty in the performance of their duties, and the City Commission presented Certificates of Appreciation and noted that each recipient will receive a $100 check. 5B. Certificates of Appreciation to be Presented to the Following Ocean Rescue Lifeguards: Matthew Acquaro- Gendron, Tiago Choze, Klaus Rose, Maximo Fanjul, and Juan Cuellar in recognition of their recent heroic rescue of three people drowning just south of Tower 17. Action: Mayor Edelcup and the City Commission presented Certificates to the Lifeguards. 5C. Announcement/Presentation by Police Chief Fred Maas of Police New Hires/Promotion. Action: Police Chief Fred Maas introduced the following new Police Officers: Officer Jose Maya comes to us from the City of North Miami Beach with several years of experience, and Officer Enrique Bassas a 9 -year veteran from the City of Hollywood. Chief Maas also introduced members of the new "Special Operations Community Policing Unit ". This Unit will enhance visibility and safety for our Parks, beaches, businesses, and community. He introduced Sgt. Lee Athanasiou the Supervisor of that Unit who also took on the additional responsibility of Ocean Rescue, Officer Ray Zamora, Sgt. Blake Royal who will be the Supervisor on the night shift and backup to Sgt. Athanasiou, Officer Raul Diaz, Officer Joe Alvarez, and Officer David Barrios who recently received the Dade Chiefs of Police Award. Mayor Edelcup on behalf of the Commission thanked Chief Maas for his outstanding effort last night in co- emceeing the Sunny Isles Beach Second Annual Scholarship Awards Gala at which we were able to give scholarships to nine (9) children that live in our community and in Golden Beach. Chief Maas thanked the Commission for their continued support. 5D. A Proclamation Proclaiming April 19, 2012 as "Holocaust Remembrance Day ", and the Week of May 1 - 8, 2012 as "Days of Remembrance Week" in the City of Sunny Isles Beach. Action: Mayor Edelcup read the Proclamation into the record, and noted that it will be delivered to Temple Beit Rambam, the former Temple B'Nai Zion. 5E. A Proclamation Proclaiming April 2012 as "Water Conservation Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup read the Proclamation into the record, and noted that City Clerk Hines will mail it to the South Florida Water Management District. 6. ZONING None Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265 -25 of the Land Development Regulations to Require a Nonrefundable Deposit of Ten Percent (10 %) for the Purchase of Bonus Units Within Certain Zoning Districts; Providing for Zoning in Progress; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date and Applicability. Action: City Clerk Hines read the title, and City Attorney Ottinot read the report. The purpose of this Ordinance is to impose a 10% non - refundable deposit requirement for the purchase of development rights in the Bonus Density Program, and it will expedite development in the City to ensure they are completed within a two -year timeframe. Public Speakers: None Commissioner Scholl 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 5- 0 in favor. Second reading, public hearing will be held on Thursday, May 10, 2012, at 6:30 p.m. Vote: Commissioner Action yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 62 of the City Code to Increase the City Manager's General Expenditure Authority to Enter into Purchases of, or Contracts for, Materials, Supplies, Equipment, Improvements or Services for Purchases Up to $25,000.00; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date and Applicability. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Director Shah reported that this will assist staff in expediting purchases of day -to -day goods. Public Speakers: None Commissioner Aelion asked for a quarterly report of these expenses, and City Manager Cohen said he plans on providing a monthly report of our expenditures. 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 5- 0 in favor. Second reading, public hearing will be held on Thursday, May 10, 2012, at 6:30 p.m. Vote: Commissioner Aelion }_es Commissioner Gatto ,yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Issuance of Not Exceeding $10 Million of Capital Improvement Revenue Refunding Bonds of the City of Sunny Isles Beach, Florida; Approving a Loan Agreement in Respect 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. (First Reading 03/15/12) Action: City Clerk Hines read the title, and Assistant City Manager/Finance Minal Shah reported noting the overall savings to the City over the next ten (10) years is $1.9 Million. Public Speakers: None Mayor Edelcup said this was a wonderful opportunity that you were able to find for us and we really appreciate the fact that you will be saving the City close to $2 Million over the next ten years, and the Mayor and Commission thanked Assistant City Manager Shah for a job well done. Commissioner Aelion moved and Commissioner Scholl seconded a motion to adopt the ordinance. Ordinance No. 2012 -384 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Allocation of Funding to Continue the Agreement with Development Counsellors International (DCI) for Public Relations Services, in an Amount Not to Exceed $42,800.00, Attached Hereto as Exhibit "A "; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported. Public Speakers: None Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1887 was adopted by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984, to Expend up to $774,986.00 from the Federal Forfeiture (DOJ) Funds for the Addition of Six (6) New, Non Budgeted Police Officer Positions, Purchase of Six (6) Additional Police Vehicles, Start-Up Costs for Uniforms and Equipment for New Positions and Miscellaneous Investigative Electronics and Tactical Equipment; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Chief Fred Maas reported. City Manager Cohen said the first year salary for the officers are eligible expenses under the DOJ Forfeiture Funds Program. Vice Mayor Thaler said after the first year, the City picks up the salary. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1888 was adopted by a voice vote of 5 -0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Six (6) Vehicles and Associated Equipment, for the Police Department, in an Amount Not to Exceed $221,609.75, Attached Hereto as Exhibit "A "; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing For An Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported that these vehicles will be paid out of the DOJ funds, and will supplement the six (6) additional officers and the transfers we are going to be doing within the agency. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1889 was adopted by a voice vote of 5 -0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Authorization for the Mayor to Apply for, Receive and Expend Grant Funds from the Miami -Dade County, Federal Funds, Edward Byrne Memorial Justice Assistance Grant (JAG) Program — American Recovery & Reinvestment Act of 2009, in the Amount of $11,364.00; 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 Police Captain Michael Grandinetti reported that this is an additional Byrne Grant that we got this year in addition to the original one that we do every year. Every municipality in Miami -Dade County is participating in an Automatic Arrest Form Program and there is going to be a cost to each City to connect to this Program. They found extra money in the Byrne Grant and so they divided it up and gave it to the cities, which should pay the entire amount that we will owe. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1890 was adopted by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting April l9, 2012 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Air Cards from Verizon Wireless to Provide Wireless Broadband Access for the Police Department, in an Amount Not to Exceed $35,000.00 Annually, Attached Hereto As Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1891 was adopted by a voice vote of 5 -0 in favor. Mayor Edelcup asked Chief Maas to explain what Forfeiture money is so that people realize what an outstanding effort our Police Department does in saving taxpayers a tremendous amount of money for new equipment. Chief Maas said one of the benefits we have is to detach one of our regularly assigned detectives to a Task Force and in this case the DEA. The DEA works in investigations generally related to narcotics and narcotics trafficking internationally, nationally and locally. When there is property or cash seized, that money is shared amongst the agencies who participated in that investigation. We have one of the finest and most proactive investigators who has been doing this for almost 13 years for the City, and due to his diligence and tremendous abilities as an undercover, he has been able to be a part of these investigations that have seized substantial amounts of money. That money is utilized in fighting narcotics activity and also for approved Police equipment. This is a direct opportunity to reduce the burden of spending on the general public through taxes because this is money that has been secured from criminal intent and enterprise and so it reduces the encumbrances on the community to pay for taxes, and in this case every cent of this entire three quarters of a million dollars has been awarded to this agency. City Manager Cohen clarified that we do invest in the salary of the officer that is tasked out but the important thing is that we get more than our monies worth back, not only in the actual results of the investigations and a safer community but in the financial awards that we are then able to use for expenditures such as you have approved this evening. Chief Maas said that he received a phone call last week from the Special Agent in charge of DEA, advising us that the Sunny Isles Beach Police Department has just been awarded $2,473,000.37 on one particular case, and again, our undercover was the lead, and so this money will again be re- enhanced back through that one single long -term investigation. City Attorney Ottinot noted that Deputy City Attorney Fernando Amuchastegui has worked closely with the Police Department with the $400,000 seizure and he noted his good work with the Chief and Sergeant Diaz as well. Chief Maas said it is a long legal process, and our attorneys have worked diligently in making sure that we get our fair share. Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Request Submitted by Chateau Beach, LLC ( "Chateau Beach ") for a Temporary Sales Office Structure, Subject to Certain Conditions; 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 /Community Development Director Sharon Ragoonan reported noting that the Sales Office Structure will be located in the Ocean Palm Motel property at 15795 Collins Avenue. She said there is a minor modification in one of the conditions to extend the period of time to obtain a Building Permit from six (6) months to one (1) year. Public Speakers: Clifford Schulman, Esq.; Kobi Karp, Architect Clifford Schulman, Esq. representing Chateau Beach, LLC reported noting that they have settled amicably with their neighbors, Jose Milton. They have two site plans for the sales center, their preferred site is east of the DEP line, and the alternate site plan is west of the line because they don't know when that approval will come. He introduced Architect Kobi Karp, who said they submitted the Plan to the Building Department to start the permit process, they received some comments that they are now working on and they will resubmit it the first week of July. He presented a rendering of the site plan with landscaping, a piazza turnaround, and 18 parking spaces behind the landscaping. Mayor Edelcup asked about the fencing material, and Mr. Karp said a picket fence in a color staff approves, all the way around the property with landscaping. Vice Mayor Thaler asked when they are planning on taking down the hotel, and Mr. Karp said they are pulling a permit now and so within the next 30 days. Mayor Edelcup asked that they contact our City Historian Richard Schulman, as Ocean Palm is basically an old motel and there may be some artifacts there for History Hall, and Mr. Schulman and Mr. Karp said they would meet on site with City Historican Schulman. Vice Mayor Thaler asked them to notify the City when they get approval of which way they are going with the Sales Office Structure. Commissioner Aelion asked about the sales center, and Mr. Karp said it is a one -story with high ceilings. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2012 -1892 was adopted by a voice vote of 5 -0 in favor. Mr. Schulman said that Item l OL is also related to the Chateau and asked if they could move that up, and the Commission heard it after this item. 10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to the Agreement with Calvin Giordano & Associates, Inc. for Capital Project Management Services, in an Amount not to $9,000.00, Attached Hereto as Exhibit "A'; Authorizing the Mayor to Execute Said First Amendment to Agreement; 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 heard after Item 10L. ] City Clerk Hines read the title, and City Manager Cohen reported noting that they have finalized a candidate for City Engineer, who has accepted and will be starting in a couple of weeks. Calvin Giordano will Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida continue to close out or transfer some of the projects over to our City Engineer. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1893 was adopted by a voice vote of 5 -0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Amendment to the City's Personnel Policy regarding the Introductory/Probationary Period Policy, 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 amendment is to update the Policy to make it more relevant to the current needs of the City and to align some of the time periods within the Policy to our operations. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012 -1894 was adopted by a voice vote of 5 -0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Lumber, Windows and Doors from the Causeway Lumber Company for the Public Works Department to Construct Lifeguard Stands, in an Amount Not to Exceed $25,000.00; 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 Public Works Director Wade Sanders reported that we have three (3) lifeguard stands on the beach now and need approval for these materials in order to complete the construction of the stands. Public Speakers: None Commissioner Aelion asked if this is will be all that is needed to complete the lifeguard stands, and Assistant City Manager Shah said her understanding was that this would cover the cost of three lifeguard stands, and actually start additional ones if we were to continue on this fiscal year. City Manager Cohen said when you approved the budget for this fiscal year, included in that budget was the construction of three additional stands, and these are those three stands. Vice Mayor Thaler noted that there is a separate item for three roofs but this item covers all the lumber needed for the three stands. City Manager Cohen said that he believes that we have purchased all the necessary hardware but Vice Mayor Thaler made an important clarification on a separate item for the purchase of roofing and that will complete the expenditures for this fiscal year unless we decide to build more. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012 -1895 was adopted by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Diesel Fuel from Macmillan Oil Company of Florida, Inc., for the 2,000 - Gallon Above Ground Tank Located on the Southwest Portion of Government Center, in an Amount Not to Exceed $65,000.00 Annually; 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 Wade Sanders reported noting that this is for the City's street sweeper and buses. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1896 was adopted by a voice vote of 5 -0 in favor. IOK. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Amendment to the Agreement with Harbour Construction, Inc. to Provide Asbestos Removal and Disposal Services for 151 & 215 Sunny Isles Boulevard, in an Amount Not to Exceed $34,230.00, Attached Hereto as Exhibit "A "; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1897 was adopted by a voice vote of 5 -0 in favor. IOL. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Removing the Use Restriction Imposed on the Transfer of Development Rights ( "TDRs ") Owned by Jerry's Famous Deli, Inc. ( "Jerry's "); and Providing for a Transfer Fee; Approving the Assignment of 98,996 Square Feet of TDRs to Abus, LLC. ( "Abus "); Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard after Item IOF. ] City Clerk Hines read the title, and City Attorney Ottinot reported. As a condition of the removal of the restriction, the owner of the TDRs is required to pay the City a sum of $1,484,940.00 on an installment basis in accordance with the Promissory Note. The City will receive an initial payment of $484,940 within three (3) days of approval, and the balance of $1 Million shall be paid within two (2) years of the initial payment. Jerry's, known as Epicure, is requesting that the TDRs be assigned to Abus, known as Chateau Beach, upon removal of the Use Restriction. Public Speakers: Clifford Schulman, Esq. Clifford Schulman, Esq., representing Chateau Beach, said when their project was approved they had agreed to pay the City for Bonuses $3.1 Million, they had agreed to a band shell that would have probably cost about $150,000 but the City asked them to consider moving the band shell from Samson Park to Gateway Park at a little bit higher cost of $400,000. Mr. Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida Schulman said they agreed to it and the bottom line is between the bonuses, the transfer fee, the band shell, and the Park improvements that they are committed to, they will be paying the City $5.26 Million, and they are most appreciative that the City Attorney agreed to allow them to at least pay some of that off. Commissioner Scholl said he disagrees with Mr. Schulman, fundamentally he does not have a problem with the City financing the payment of the TDRs, he does have a problem of giving someone an interest free loan, and noted that this would set a precedent. He has a basic issue with this moving forward without an interest payment, he would be willing to support it with a 5% interest computed on the outstanding balance. Mr. Schulman said he gave the City $400,000 more than this Commission approved when they got their Zoning approval, to put in a bigger band shell, the size of the one in Heritage Park, half of which is what they were going to do in Samson Park, and so he is giving the City $400,000 interest up front. Commissioner Scholl said when they gave the City $400,000 they did not say there was linkage to another item, and Mr. Schulman said yes they did. They asked the City Attorney, we would do it but they had a problem of the timing of the payments, did the Commission have flexibility on the timing of those payments, if so, they could do the $400,000, otherwise it had to be less, and so there was linkage. If that is the precedent then it is a good precedent but this developer basically came up with $400,000 over and above as long as he could pay the other thing over time. It was part of an overall deal. Commissioner Aelion said when the site plan approval was brought before the Commission, this issue was addressed by the City Attorney, and City Attorney Ottinot said when the site plan was approved for Chateau Beach, there was in -kind, not monetary contribution, in -kind contribution that Chateau Beach agreed to build a smaller band shell. After approval there was a Workshop held where the Commission directed him to negotiate with Chateau Beach to relocate or fund the band shell at Gateway Park. He didn't have any leverage because they already had approval of the site plan. The Chateau Beach lawyer came to him and said he would work with this and indicated that he wants flexibility in terms of the payment plan, his client was in agreement to give the City as he indicated the $400,000 that would be used to build a bigger band shell at Gateway Park, and in exchange he agreed to develop the payment plan that is before the Commission tonight. Commissioner Scholl said it wasn't presented that way, his issue is that he didn't come back to the Commission and say, okay we are going to agree to this but they will ask for that, and so we agreed to one thing and we created linkage without the Commission being informed about the linkage. He appreciates the fact that the City Attorney is making a deal but if he is going to make a deal that involves hundreds of thousands of dollars and the precedent of the City giving an interest -free loan, we need to understand that. Commissioner Aelion said that this was in a negotiating process, and City Attorney Ottinot said that is correct but in addition he makes sure that any time he is negotiating, he calls each of the Commission individually, and he discloses the term and details of the deal, if there was some details left out he takes personal responsibility. Commissioner Scholl said the detail that was left out was that we would be asked to grant a interest -free loan because when you called him and told him that they had agreed to move the band shell to Gateway Park, he did not say that he is agreeing to give them an interest free 10 Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida loan because they are agreeing to move the band shell. City Attorney Ottinot said to look at the term interest, he looked at it more as getting advanced, which he did not have any leverage or authority to have them pay the full $400,000, they wanted something in terms of relief of payment, he saw the $400,000 as interest up front to build the band shell. Commissioner Scholl said his point is we are setting a precedent by giving an interest -free loan, and he doesn't like that there is linkage on something that he is not aware of until the item comes before him. Commissioner Aelion said he would not define it as an interest -free loan in light of the fact that the City is getting almost half a million dollars up front which otherwise would have been not there, and you can call that as part of the interest. Vice Mayor Thaler said that there was some linkage, it was not clear and he does not disagree with what Commissioner Scholl. Vice Mayor Thaler said that there was a linkage between this item and the band shell. He thinks it should be noted that there was some upfront money for in -kind that was given to the City so that in the future our Attorney can go back and relate to that. Mayor Edelcup said that this City and this Commission has generally been a working partner in the redevelopment of our City and we appreciate all the efforts that our developers have done and the improvements that they have offered. Whether or not this is entitled to interest to him is immaterial given the overall effect to the City with the project. He disagrees with Commissioner Scholl that they were not informed, at least he knows he was personally informed via phone call from the City Attorney, and he thinks that City Attorney Ottinot can verify that he made a call to each of the Commission well before last Tuesday, informing each Commissioner of the linkage. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012 -1898 was adopted by a voice vote of 4-1 (Commissioner Scholl opposed) in favor. [City Clerk's Note: Item IOG was heard after this item.] IOM. Add -On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Three (3) Metal Roof Systems from Universal World Construction for Three (3) Lifeguard Stands, in an Amount Not to Exceed $11,925.00; 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 meeting. See additional action under Item 4A.J City Clerk Hines read the title, and Public Works Director Wade Sanders reported. Public Speakers: None Mayor Edelcup said once the lifeguard stands are built, to give the Commission a report of what they actually cost us to build, so we can decide if we should build them or buy them. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012 -1899 was adopted by a voice vote of 5 -0 in favor. 11 Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 10N. Add -On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with Steigerbuilt, LLC for Installation of Landscaping and Irrigation of the Lot Located at 16100 Collins Avenue, and Removal and Disposal of the Concrete Wall Dividing 16100 and 16200 Collins Avenue, for the Intracoastal Parks Project, in an Amount Not to Exceed $37,850.00, Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said First Amendment to 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 meeting. See action under Item 4A.] City Clerk Hines read the title, and City Manager Cohen reported they were going to start laying sod at 16000 and 16050 Collins Avenue this weekend pending the weather. This item is an add -on to the current contract with Steigerbuilt for new work on the parcel at 16100 Collins Avenue, which is the site of the Koslovsky property which will be vacating April 30, 2012. They hope to demolish it within a couple of weeks after they vacate and then Steigerbuilt will begin their work. They will have 60 days after issuance of Notice to Proceed to finish the project, and this is the last parcel of the four (4) to be graded, irrigated, and sodded. We will be bringing before the Commission in the coming months, a contract for the design, which we will be talking about conceptually this evening to give staff some parameters to move forward with that project [Item 12B]. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1900 was adopted by a voice vote of 5 -0 in favor. 100. Add -On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Amendment to the Purchase Agreement between the City of Sunny Isles Beach and Dezer Development, LLC, in Substantially the Same Form as Exhibit "A" Attached Hereto, to Purchase Real Property from the City of Sunny Isles Beach Located at 18080 Collins Avenue; Authorizing the Mayor to Execute Said First Amendment to the Purchase 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: Item distributed prior to meeting. A revised First Amendment to the Purchase Agreement was distributed at the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and City Attorney Ottinot reported noting that the parties have worked out the following amendments: move the closing date to May 11, 2012; the buyer shall obtain site plan approval for a first class office space no later than December 1, 2014; the buyer shall grant the City a Right of First Refusal if they intend to sell the property; the City has the option of giving the buyer a credit of $108,000, and the buyer agrees to assume the lease agreement with Alamo Rental Car Agency which under our current Agreement the City has to provide a termination fee to Alamo if the City terminates the Contract early. Additionally to clarify the record in respect to the partnership between Dezer and Weintraub Investment, Weintraub Investment is no longer a partner in this deal, this deal will be between the City and Dezer Development. The City Commission was provided correspondence from Warren Stamm, General Counsel for Dezer Development, and 12 Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida from Abraham Weintraub indicating he is no longer a partner in this deal. Public Speakers: Warren Stamm, Esq. Commissioner Aelion asked what the City would receive when they close on May 11, 2012, and City Attorney Ottinot said the City would receive $7 Million, and that the City has already received through an Escrow Agreement $1 Million deposit minus whatever credit the City may give to Dezer Development which would give the City about $5.8 Million at closing. Commissioner Scholl said he wanted to make sure it was going to be a Deed Restriction and recorded, and City Attorney Ottinot said yes that he would amend the Contract to that effect. Vice Mayor Thaler said on the site plan approval by 2014, what happens if they come in and they want an extension, and City Attorney Ottinot said that is within the Commission's discretion to hold them to the commitment or grant an extension. City Manager Cohen noted for the record that he and City Attorney Ottinot spoke earlier today about the disposition of the western part of the property which is currently being used by Ocean Rescue and Transportation. The City Attorney has assured him that we will come to some cooperative arrangement to continue to use the property for a limited period of time. Once the Pier is completed by no later than January, we will be moving Ocean Rescue over there, and Transportation will eventually move to the new Public Works compound. Warren Stamm, Esq. representing Dezer Development said the City Manager is correct that they did speak today and they will be able to work out some type of a cooperative resolution with respect to the automobiles that are currently placed on the site next door. Commissioner Aelion asked if the intent of the east side of the property will continue to be used by Alamo for the next two years, and Mr. Stamm said they are feeling that out at the moment as to what they plan on doing post closing in May. Commissioner Aelion asked if they would come before the Commission when they decide and City Attorney Ottinot said the only thing that will come before the Commission is a site plan. With respect to Alamo that would be Dezer's responsibility if they accept an arrangement. Commissioner Scholl moved and Commissioner Oatto seconded a motion to approve the resolution. Resolution No. 2012 -1901 was adopted by a voice vote of 5 -0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Update to the 2010 Florida Building Code (FBC) Change and its Impact to Development in our City. Action: Assistant City Manager /Community Development Director Sharon Ragoonan reported that the updated 2010 Florida Building Code was adopted March 15, 2012 with over 450 changes and she gave highlights most relevant to our City. There is a new wind map that anticipates what the maximum wind speed would be and there was an increase for us from 146 MPH to 185 MPH. With this change there are different calculations related to that for 13 Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida the wind design, for the most part the design pressures do not change. FEMA Regulations have also been included in the Florida Building Code. The Flood Plain Regulations Rate Assistance Program is based on the rating that the City receives every year, and the residents receive a premium on their flood insurance, this adoption still allows us to protect the community rate system which means the residents will still benefit from the premium reductions that they have as a result of that Program. There will be some changes that need to be made at the County level in Chapter 8, there will be a meeting in June where they will adopt their Flood Plain Regulations, and once that happens we will be able to update our Regulations and we will present it to the Commission at that time in terms of changes we will have to make and how it impacts our City. Some of the other highlights include certain standards related to roofing, replacement of roofing, they have also included an energy code in the Florida Building Code that deals with certificate of duct testing for any new single family homes that are constructed, and any replacement ACs will have to follow certain national recognized standards. The biggest change that is going to impact our City, the County, Broward County, is the retrofitting of commercial swimming pools to provide ADA accessibility to any public municipal pools, as well as commercial pools and in hotels, motels, and health clubs. The buildings that are exempt from this change are condominiums and apartment buildings but there are some standards that people have to follow and actually that discussion is still ongoing as they might provide some of these buildings with a certain amount of time in which to comply because it is going to mean a tremendous cost. There are also changes in the plumbing section to meet certain design and environmental standards. Public Speakers: None Commissioner Aelion said what is already built and doesn't break is grandfathered, however, we are near hurricane season and it would behoove us since the Building Code is in effect as of March 15, 2012, and the 185 MPH winds is in effect as the maximum allowable, and that in turn affects the possible replacement of glass, he would suggest that staff start, and he understands that the County is in the process of deciding and we will have to inherit those guidelines, but in the interim since we are just on the verge of hurricane season that we will get some internal guidelines to replace glass to accommodate 185 MPH. Building Official Clayton Parker said the reason it is not in our update right now is there are still some undecided factors that we have to get resolved with the Florida Building Commission. The 185 MPH sustained winds sounds like a substantial change, the biggest change is in glazing. Along with the new changes to the wind speed, they have changed the method of calculation. When you add it all up it goes to a.6 factor, and so your positive and negative design pressures on the glazing is going to be basically the same. All your current Metro Dade product approvals are going to probably remain the same, the only thing that will be added to the Notice of Acceptance will be the quoted standards that it meets 2010 Florida Building Code. The big change in glazing is in the new Energy Code and that is going to be quite substantial, and the issue that is still out there that has not been decided yet, typically when you replace glazing or a portion of the building, the new Code doesn't kick in until you get to 30% of the value of that structure. In the new Code, anything over 30% of the value of that structure has to be updated to the new Code. One of the State Senators is challenging that, they want any replacement of glass or anything to do with the envelope of the building to have to come up to the new more restrictive Code, and they are a lot more restrictive. The use of a single pane glass is probably going to be history, you are going to have to have 14 Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida insulated glass, heavily tinted glass, and it is going to raise the cost of all buildings. That is probably one of the reasons why you see so many people trying to get in before the Code change. He said this is a living document and he will keep everybody updated as they get updates. The Resolution going through the County right now for this Chapter 8 revision, they are encouraging us to get that approved, what that is met to be is like an interface from the Florida Building Code to our Flood Ordinance, and if they get that approved, that will interface and we won't have to make too many major changes to our Flood Ordinance. Commissioner Aelion said because of a similar situation in 2006, the City wasn't really able to decide the way forward but was stagnant in its allowability to proceed to fix the windows, we had a mass influx of people here and to that end we had to make an emergency amendment and allow them to go ahead and construct. That is why he said it would be a good idea to prepare ourselves so that doesn't get repeated. Mr. Parker said we are doing that and an example is that we just replaced some glass in City Hall, under the new Code they might say you have to bring that up to current standards, and so not only are you going to be changing the glazing, you are going to be changing the framework and everything else within that. There is a lot of new language in the new Energy Code that is going to actually change the way the Code, and Code language, for example, a Building Official has Code language to go by that a railing "shall be" or "can be" or "will be ". There is a new word in there now and there are over 50 sections of the new Code that say "mandatory", and so that is going to make everything a lot different. When the Code says "mandatory" he doubts people will even have the ability to appeal these sections of the Code to the Board of Rules and Appeals. We are educating our staff as fast as we can, we are going to some additional training conferences, and the whole industry has to be educated to this new Code. Commissioner Scholl said just to be clear, if a kid breaks your front window with a baseball by accident, you have to upgrade your entire window system in your house, and Mr. Parker said that is what they are trying to get approved. Mayor Edelcup said it has not been approved yet. Vice Mayor Thaler said that all buildings approved to date will go under the old Code, and Mr. Parker said any application from March 15 on will have to meet the new Code. Mayor Edelcup said if something happens because of a hurricane, damage, or fire it falls under the new Code. Commissioner Aelion said any site approval on or after March 15, 2012 is under the new Code. Mayor Edelcup said that it all has not been settled yet, at some point hopefully it does get settled, and many of our residents as well as ourselves are going to be confused by the issue and he would like to suggest that Mr. Parker and Ms. Ragoonan come up with a plan to educate our residents, either with a seminar, or simple language written documentation that you can send out, particularly to the condo association boards, and single - family home owners that are affected, everyone is going to be lost in the detail of this new Code. He knows you cannot opine on it now until you get further clarification but when that time does come maybe you can have some way of educating everybody here in the City. Vice Mayor Thaler suggested creating a booklet so that when they call, it will be available to them. City Manager Cohen said we were talking about this idea of additional education, and what we are hoping to do is put together something that we can include in one of the newsletters that is mailed out to every address in the City. Mayor Edelcup said from time to time we 15 summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida have had, and Mr. Parker has done seminars for condo associations and invited them to attend because they have a specific need and requirement, and maybe you can do a separate one for single - family homeowners if they wanted to be updated. Mr. Parker said he also had some of the local contractors ask him if we are going to be able to educate them, and so we will be glad to put that together. Commissioner Aelion said it is one of the things to bring to the next City Advisory Committee meeting to Tony LoCastro that heads up the Sub - Committee for Condominiums. City Manager Cohen said they are meeting next week to discuss some initiatives and so he will add that to the list. 12B. Discussion on Conceptual Design for Intracoastal Parks. Action: [City Clerk's Note: City Manager Cohen handed out a photograph and two renderings of walls. ] City Manager Cohen presented a conceptual design of the Parks. What is before the Commission is a very rudimentary drawing that shows a Park with grass and trees, meandering pathway, and a small playground. There is an indication along the perimeter of the Park of what is intended to be a wall structure and he did discuss that at the Workshop. What he handed out this evening is an actual picture of the coral rock wall at Oceania Park, and the material of this wall is what we intend to use for the wall at Intracoastal Parks to blend in with the adjoining Park. The other two drawings that he distributed are renderings that show a straight -on look and looks similar to the wall both at Oceania Park and on the Atlantic Isles Bridge that have these similar light towers. The other drawing shows a side view which has as a path meandering through it. The reason why this wall design is being suggested with being broken up with the fence is we did receive some feedback from the public about previous designs that folks wanted at least some visual access to the water, and so this design allows us to continue the aesthetics of the other Park, yet provide that visual access to the public all in one design. The wall will be surrounding the entire Park, and there will be some nuances with that, for example, how we integrate with the entrance to the Poinciana development, and going around the two edges by the two adjoining properties at the north and south extremes of the Park. The Park has some small rectangles in it which indicates benches, the actual placement of those benches is not indicated in here, this is simply a random placement to indicate that we would put them in. The two checkerboard squares indicate actual checkerboard or chess tables that we would place someplace in the Park. In the yellow area on the left hand side is where the playground would go. He indicated the entrances to Poinciana Drive, Atlantic Isles, and Marina Del Mar. Public Speakers: None Commissioner Aelion asked about the height of the wall in the rendering, and City Manager Cohen said 4 -feet tall. Commissioner Scholl said he didn't think we needed the wings, if you put the posts in with the light on top and it is more open, he just questions the reason for breaking it up with the wings on the side of the posts because he thinks if you do the nice rock post with the lights, it will be a lot less expensive, and you have the open work in between. The biggest pushback he got on the Oceania wall was that everybody said we should have put a fence up and left it open so folks could see the water. City Manager Cohen said one thing we can do to address what he is already hearing is that we can increase the spacing in between these posts so you can have your wings, and this space would be double the size, and it would accomplish what you are looking for. Commissioner Scholl said that the porte - cochere that we have now looks more constrictive than open. 16 Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida Mayor Edelcup said to look more at site specifics because there are some areas that you want to screen and there are some areas that are open to water that you do want to see. It doesn't have to be symmetrical, there are certain areas where you want to camouflage areas. City Manager Cohen said if we are creative we might be able to achieve an equa- distant look. Commissioner Scholl said he thinks being more restrictive on the view rather than less restrictive isn't what we are trying to achieve. Vice Mayor Thaler said we want it more open than what we have now. City Manager Cohen said we will be coming back to the Commission with a much more formal rendering after you approve a contract with the selected architecture firm. Vice Mayor Thaler asked if he will come back with pavers, and City Manager Cohen said we will come back with everything, this is just to get some feedback so that when we meet with the Architect, we can give him some general guidance. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Representative Joseph Gibbons said he is the Minority Leader in the House of Representatives that represent District 105 which includes parts of Hollywood, all of Hallandale Beach, Pembroke Park, West Park, parts of Miramar, parts of Pembroke Pines. The Legislature has a constitutional requirement to pass a balanced budget. Every ten (10) years the requirement also includes redistricting which has now been completed. The District had been redrawn and submitted, and the Supreme Court has approved on a 7 -0 vote the House Districts. The Senate Districts are being challenged and they have been resubmitted again, and the Congressional Districts are also in the courts. The House Districts as they are drawn have completely changed District 105 that he currently represents. That District has now been changed to District 100, and runs from 595 and Federal Highway, all the way down Federal Highway to Surfside and east, and includes Sunny Isles Beach. He is now going around to all the new cities, as he actually has ten (10) new cities and introducing himself to each municipality. Typically he sends out a Legislative Wrap Up, and you will get it in the mail in the next two weeks. He has previously served on the Hallandale Beach City Commission and the Broward County Planning Council, and so he found tonight's discussions very interesting. There is an election that has to happen, and hopefully he will be successful, he has only one term left as he just completed his third term. Commissioner Scholl mentioned the Florida Building Code, and Representative Gibbons said it has not been approved yet, there are 40 Senators and it takes 21 to make something happen. There are 3000 Bills submitted every year and only 250 pass. For instance, he and Senator Margolis had $500,000 in the budget for the Holocaust Documentation Center restoration in Hollywood, and Governor Scott took it out two days ago, but it will come back again and they will commit to that project and see that it happens. It is difficult when you have a super majority on the other side getting one year's budget. 14. ADJOURNMENT Mayor Edelcup adjouM64 the meeting at 8:04 p.m. Respectfully submitted by: y Approved by the City Commission on May 10, 2012 T.0 e.A Jane A. Hines, CMC; City Clerk Norman S. 61elcup, Mayor 17 Preview o�T of 6VH,'o TO: FROM: DATE: RE: Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Jane A. Hines, CMC, City Clerk 5/10/2012 Summary Minutes for the April 19, 2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the April 19, 2012 Regular City Commission Meeting. REASONS: VNI". ATTACHMENTS: • Summary Minutes Agenda Item ;; A Date lS- LO' 1 ;— http: / /sibagenda. sibfl. net /agenda/Preview.aspx ?ItemID= 778 &MeetingID