HomeMy WebLinkAbout2009-0115 Regular City Commission MeetingSUMMARY MINUTES
Regular City Commission Meeting
Thursday, January 15, 2009, 6:30 p.m.
City of Sunny Isles Beach, Florida
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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 A. John Szerlag
Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot
Comm. Roslyn Brezin City Clerk Jane A. Hines, CMC
Commissioner Gerry Goodman Assistant City Manager /Services Jorge Vera
Commissioner George "Bud" Scholl Assistant City Attorney Fernando Amuchastegui
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 Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting —December 18, 2008.
Action: Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve
the above - mentioned 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: Defer Item 9A. Turtle Nesting Ordinance; Add -On Item 10E.
Agreement with Offshore Events, Item l OF. Request FDOT Allow Light Poles and Palm
Trees along Collins, and 12B.1. Discussion re: Fee Waiver Request.
Action: Mayor Edelcup noted the above changes to the agenda.
Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the
above change to the agenda. The motion was approved by a voice vote of 5 -0 in favor.
5. SPECIAL PRESENTATIONS
5A. Annual Report on the "State of the City" by Mayor Norman S. Edelcup.
Action: Mayor Edelcup read the State of the City Address. He noted that the City is very
secure and financially strong, maintained our funding on scheduled capital improvements,
and continued to raise the quality of life for the residents in our community.
Summary Minutes: Regular City Commission Meeting January 15, 2009 City ol'Sunny Isles Beach, Florida
5B. Presentation to Out -Going Members of the Mayor's Advisory Council.
Action: Mayor Edelcup presented Certificates of Appreciation and gift bags for out -going
members of the Mayor's Advisory Council: Communily Awareness Committee: Chairperson
Harvey Busch, Vice Chairperson George Newman, Members: Mark Glicksman, Jay
Reinhard, Isaac Feldman, Dee Duggan, and Joyce Lerner; Long Range Planning &
Intergovernmental Relations Committee: Chairperson Gloria Taft, Vice Chairperson Art
Kapel, Members: Sylvia Busch, James Roberts, Anh Kaul, Ronald Starkman, and Erica
Michalsky; Tourism & Development Committee: Chairperson Tony LoCastro, Vice
Chairperson Claire E. Lipson, Members: Arie Steiger, Arnold Kushner, Sergio Diment,
Donna Deitch, and Isaac Aelion.
5C. Add -On:
Presentation of a Film used by the Florida League of Cities when Determining the Various
Cities for the City of Excellence Award.
Action: Mayor Edelcup presented a film of the City of Sunny Isles Beach that was used in
Orlando when the City of Excellence Award was being determined among the various cities.
The Florida League of Cities honored the City of Sunny Isles Beach and its Mayor as finalists
in the Florida League of Cities Excellence Awards.
6. ZONING
None
7. ORDINANCES FOR FIRST READING
None
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. Deferred
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to
the Sea Turtles Protection, Turtle Nesting Protection Regulations; Providing for Purpose
and Intent; Providing for Definitions; Providing for Prohibited Activities; Providing for
Lighting Standards on Existing and New Developments in the Public Beach Area in the
MUR District; Providing for Penalties for Violation; Providing for Severability; Providing
for Repealer; Providing for Codification; Providing for an Effective Date.
(First Reading 12/18/08; 2nd Reading Deferred)
Action: [City Clerk's Note: Deferred, see action under Item 4A.]
Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Renewal of Consulting Agreements with Seven (7) Engineering Firms and One (1)
Architectural Firm for On -Call Services, in a Total Amount Not to Exceed $200,000.00
Per Fiscal Year; Providing that Agreements in an Amount of Up to $20,000.00 Shall
Require City Manager Approval and Agreements in the Amount of $20,000.00 or More Shall
Require Commission Approval; Providing that All Consulting Agreements are Approved as
to Form and Legal Sufficiency by the City Attorney; 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 Szerlag reported noting that staff
will be meeting with these firms to see if they will give us a reduction in their rates.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2009 -1368 was adopted by a voice vote of 5 -0 in favor.
lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Denying a
Request Pfeviding for a Conditional Approval of a Request for Construction Staging
Submitted by Sunny Isles Development Co., LLC to Allow Construction Staging Not to
Exeeed a Total of Six (6) Months Time Frame; Providing the City Manager and the City
Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Community Development Director Robert
Solera reported that staff has met with the Applicant, who requested that the item be
deferred. Mr. Solera distributed a follow -up cover memo with the following possible courses
of action: 1) Denial of the application; 2) Approval of the application; or 3) Deferral of the
application.
Public Speakers: none
Mayor Edelcup said when we discussed this at Tuesday's Workshop, the Commission asked
staff to research whether or not the participants would be in a position to bond the property to
ensure that it would be put into a park -like setting at the conclusion of this extension, and
Mr. Solera said that the Applicant is not willing to provide the bond. Mayor Edelcup said it
would be his recommendation to turn down the request because if there is a commercial
transaction that would benefit both parties then they can assure the City through a bond that
we would have a park -like setting afterwards. Mr. Solera said upon that recommendation
Code Enforcement would issue a warning of violation to stop staging within 15 days to
avoid fines, and impose a lien on the violation for failure to register the vacant lot. Mayor
Edelcup said if staff comes back and says that the parties had changed their minds, and if
they do we would rescind what we are about to do tonight. Commissioner Scholl asked if the
size of the bond was determined, and Mr. Solera said no but it would be in the $20,000
range, and it was the consensus of the Commission that the bond is non - negotiable.
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution as amended denying the request. Resolution No. 2009 -1369 was adopted by
a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing a Formal Policy and Procedure on Naming of Public Facilities; Providing
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 Attorney Hans Ottinot reported.
Public Speakers: none
Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2009 -1370 was adopted by a voice vote of 5 -0 in favor.
lOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Amendment to the Interlocal Agreement with the Municipal Undergrounding
Utilities Consortium (MUUC) to Promote Undergrounding of Utility Facilities and
Related Implementation Activities, 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 the Terms of the Agreement; Providing for an Effective
Date.
Action: City Clerk Hines read the title, and Assistant City Manager /Finance Doug Haag
reported noting that there is no additional cost at this time, and if at any time there is, it will
come back to Commission.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2009 -1371 was adopted by a voice vote of 5 -0 in favor.
10E. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Offshore Events, LLC, for Off -Shore Powerboat Races in Sunny
Isles Beach Scheduled June 12 -14, 2009, in an Amount Not to Exceed $40,000.00,
Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement;
Authorizing the City Attorney and City Manager to Do All Things Necessary to Effectuate
the Terms of the Agreement; Providing for an Effective Date.
Action: [City Clerk's Note: Added on new item, see action under Item 4A.] City Clerk
Hines read the title, and City Manager Szerlag reported that the agreement contains slight
modifications as discussed at Tuesday's Workshop, in particular and compared to last year,
the City's contribution has been reduced from $125,000 to $40,000 and will be paid on
invoices received and approved by the City. In addition, our capacity this year is more of a
sponsor as Offshore Events will be taking on full production responsibility for the race.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution. Resolution No. 2009 -1372 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida
10F. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Take Any Actions Necessary or Required to Request that the Florida
Department of Transportation (FDOT) Allow the Placement of Light Poles and Palm
Trees, Nine (9) and Ten (10) Feet From the Face of Curb, Respectively, Instead of 16.5
Feet, in Accordance with AASHTO Standards Which Require 1.5 Feet Distance from the
Face of Curb, Along the West Sidewalk of Collins Avenue (State Road AIA), Between
187th Street and 191St Street, Sunny Isles Beach, Florida; Providing for an Effective Date.
Action: [City Clerk's Note: Added on new item, see action under Item 4A.] City Clerk
Hines read the title, and Assistant City Manager Doug Haag reported noting this is a variance
the City is acknowledging as part of the design specifications for the Collins Avenue
Landscaping and Streetscape Project.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2009 -1373 was adopted by a voice vote of 5 -0 in favor.
11. MOTIONS
11A. A Motion Appointing Seth H. Bramson as Honorary Member of the Sunny Isles Beach
Historic Preservation Board.
Action: City Clerk Hines read the title, and Mayor Edelcup reported noting that the Historic
Preservation Board met last night and recommended this appointment.
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to confirm the
appointment. The motion was approved by a voice vote of 5 -0 in favor.
12. DISCUSSION ITEMS
12A. A Discussion regarding the Status of Payment of Transfer Development Rights (TDRs),
Projected Payment Dates, and How to Avoid Blighted Buildings.
Action: [City Clerk's Note: Additional information was distributed prior to meeting:
Correspondence from Daniel S. Tantleff, Solis re: Payment of TDRs; Report on Solis
Payment of TDRs; and Report re: Building Permit Status for the Solis Project.] City
Manager Szerlag reported that staff has worked with Daniel Tantleff of Solis/Mansiana, who
has agreed to pay principal and interest on all payments due through the end of this current
Fiscal Year, and asked for an extension of 10 -days of each payment date which is currently
the 15th of each month, and he is recommending approval. In terms of avoiding blighted
structures, the Florida Construction Code provides Building Official Clay Parker with
authority to make substantial inspections when on a tight timeframe once a project is
permitted. In terms of payments, he will get with the Commission to see what we can do to
work with the developers.
Public Speakers: none
Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida
Assistant City Manager Jorge Vera reported that the balance for Mansiana is $1,854,000, they
have made a payment of $348,000, and will be making payments as buy -down through
September 2009, at an interest rate of 8.5% on the unpaid balance. Mayor Edelcup said as a
guideline in the future if any of these come up again, to make those notes due and payable
upon obtaining a construction loan. Mayor Edelcup said he doesn't know if we have
something here that triggers it that says it is due and payable, accelerate that note upon them
closing on their construction loan. City Manager Szerlag said that we did not include an
accelerated payment schedule however there is no penalty for early payment. Mr. Vera said
upon issuing a building permit they are supposed to pay all TDRs that are due, this is only an
extension due to circumstances. City Attorney Ottinot said to follow the instructions of the
Mayor and let's do it on a going forward basis. Mayor Edelcup said we made a deal and we
need to live by the deal we made, but in future negotiations we should bear in mind that we
put a trigger in there that accelerates, and City Manager Szerlag agreed.
Vice Mayor Thaler asked if staff can look into requiring future builders to have a bond in
place in case there is a problem where they go bankrupt and part of a building is up, as with
what happened with Oceania. Mayor Edelcup said to see if we can work it into the
conditions of site plan approval. City Attorney Ottinot said he knows we have the authority
to require a bond for demolition purposes, and as a condition for a site plan we can do it
legally. He said he has done some initial research but he will research it further and have an
answer for the Commission in February or March. Commissioner Scholl said to be careful
about making it too onerous.
12B. A Discussion on Policy regarding Fee Waiver for the Use of City Facilities by Non - Profit
Organizations.
Action: [City Clerk's Note: A Report re: Waiver of Fees for Use of City Facilities was
distributed prior to meeting.] City Manager Szerlag said by Ordinance he has the authority
to waive certain applications for events, etc., but there are times when he would like to get a
sense from the City Commission as to what should or should not be waived.
Public Speakers: none
12B.1 Add -On:
A Discussion on a Fee Waiver Request for Use of City Facilities by Chabad Lubavitch of
Sunny Isles Beach for the Jewish U Club.
Action: [City Clerk's Note: Added on new item, see action under Item 4A.] City Manager
Szerlag asked for a sense from the Commission if this should be waived or not.
Public Speakers: Rabbi Baron
Cultural and Human Services Director Susan Simpson said one of the conditions she
discussed with Rabbi Baron was that there be a maximum of 20 students and they would
have to already be enrolled in our Afterschool Program because we currently have 200
children and we use up every bit of space we have.
City Manager Szerlag said he could have waived the $300 fee for 38 weeks ($11,400) but
wanted Commission direction for the economic issue. Mayor Edelcup said if there is space
Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida
available than he has no problem waiving the fee. Commissioner Goodman asked if this was
anything religious, and City Attorney Ottinot said he met with the Rabbi who made it clear to
him that this is strictly Jewish education. Vice Mayor Thaler said he has no problem waiving
the fee as long as there is no profit, and Rabbi Baron gave a little background, and that they
are a non - profit organization. Mayor Edelcup said it is the consensus of the Commission if
there is room than the Commission has no problem waiving the fee.
12C. Discussion/Presentation regarding the City's eSIBi Notification Service of City
Information through Email Subscriptions.
Action: Administrative Services Director Alyce Hanson and Information Technology
Director Edel Fonseca gave a power -point presentation of the System, and reported that there
are now over 100 subscribers.
Public Speakers: none
121). Add -On:
Discussion regarding the Responses to Questions the City Commission Raised at the
Workshop on Tuesday, January 13, 2009 on the City's Capital Improvement Projects.
Action: City Manager Szerlag handed out a memorandum on responses to questions relative
to Capital Projects. In particular he noted Question No. 4. Sunny Isles Boulevard Street
Improvements and identified three (3) options: Option A. Pave the street without regard to
undergounding which would be next month; Option B. Place conduit in area without FPL
approval and hope that they agree with us, and then pave the street in March 2009; and
Option C. Work with FPL to find an acceptable location for the switch cabinet and finish the
project in April or May 2009.
Public Speakers: none
Mayor Edelcup explained we are talking about the construction that is yet to be completed on
Sunny Isles Boulevard or the southern most lane of the eastbound lane of Sunny Isles
Boulevard, and we are debating the issue as to when that paving should take place to either
open that road immediately by paving it so it will be done in February, waiting until March in
hopes that we will be negotiating something with FPL, or have a location for a switch box.
Assistant City Manager Jorge Vera presented a diagram of Sunny Isles Boulevard and
surrounding properties. He noted the current lane that is closed and above it from the end of
the St. Tropez property heading east towards Collins Avenue is all underground done by Joe
Milton. We have to underground west of that to accommodate the properties to the west and
underground the distribution lines we have on the south side of that property. We can pave
the area and forego the undergrounding, however the overhead lines will stay there until we
go underground. FPL said until they know where the distribution lines are going, they are
going to require that box. Staff proposed to FPL that the City put the conduits into that 10-
foot easement along the front, but FPL has not gotten back to us. Staff told FPL that the City
does not want that box on City Property, and are now trying to get the Storage Facilities
property and something from FPL. FPL said they can't put it on their own property because
of the run that they have to do if it is over 600 feet. When WASA was asked about using
their property, they said they have a water main running down there and they can't have
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Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida
electricity above the water main. Commissioner Scholl said normally the switch cabinet is in
the building design and end up with conduit running the lines. Mayor Edelcup asked why it
is our problem, and Commissioner Scholl said it is really Joe Milton's problem. Mr. Vera
said we were going to put it in the corner but Mr. Milton said he is not giving the City the
easement right now.
Public Works Director Rick Conner said staff is recommending Option B, and Commissioner
Scholl agreed, put the conduit in the street and FPL are going to use it because it is going to
save them money from shutting down the street and tearing it up. Mayor Edelcup said to put
in the undergrounding, pave it, and somebody is going to cave in as to where the box is going
to go. Commissioner Brezin asked if we go with Option B will it halt the beautification, and
Mr. Vera said we can do everything except the Palm Trees on the south side and the
decorative streetlights due to the overheads, until we know where the switch cabinet is going.
City Manager Szerlag said staff will proceed with Option B, and Mayor Edelcup said
ultimately the conduit has to go in that area no matter what and there is no other place for it.
Mr. Vera said FPL will say it is at the City's cost, as normally FPL provides the conduits.
City Manager Szerlag said the estimated cost for undergrounding utilities is $140,000. A
subset of that would be for the conduit, and Mr. Conner estimated the cost of the conduit at
$100,000. Commissioner Scholl asked if FPL uses our conduits will they reimburse us, and
City Attorney Ottinot said from the standpoint of FPL it will be problematic for us to get
reimbursed from FPL. Under our Code which we amended because we allowed St. Tropez to
get through without paying for the undergrounding, in fact we paid for it, any projects west of
St. Tropez under the new Code is responsible for paying for undergrounding at the time of
development. Commissioner Goodman asked who is dealing with FPL, and Mr. Vera said
primarily he is, working with the main people including Aletha Player and Martha, but the
delays are due to the design. Mayor Edelcup said to go up higher on the FPL ladder.
Mayor Edelcup said to make sure that we don't do anything on the property that is east of the
storage facility, and when Mr. Milton wants the lights turned on in his building maybe then
he will come up with the 18 -foot pad, but in the interim, all we are doing is permitting him to
have free use of that easement area for construction. Commissioner Scholl suggested having
Joe Milton at the next public hearing on January 27, and Mayor Edelcup said to wait until the
February meeting. It was the consensus of the Commission to go with Option B.
Item No. 5. Red Light Program. City Manager Szerlag said that FDOT will not allow us to
use their rights -of -way for installation of cameras; it will require easement acquisitions on a
number of private properties. He understands that the State of Florida is considering as a
revenue generator to allow red light cameras in their rights -of -way, but it may behoove us to
try and acquire easements where we can. City Attorney Ottinot said what he thinks FDOT is
looking for is if you want to use their property, you have to pay, and either the City or the
vendor pays, that is the bottom line. Mayor Edelcup said it is his recommendation to put this
program on hold because he doesn't want to ask private property owners for easements, and
he doesn't think the Commission will approve something that requires putting poles up on
private property after we have gone through all the effort of undergrounding the City. It was
the consensus of the Commission to defer the Red Light Program until some future time.
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Summary Minutes: Regular City Commission Meeting January 15, 2009
City of Sunny Isles Beach, Florida
Item No. 3. Fire Station. Commissioner Goodman asked if this was the current update, and
Assistant City Manager Vera said yes, the Fire Department sent an email stating that they
were ready to move by the end of this month, and hopefully demolition will start next month.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Isaac Aelion said the City is still referred to as Sunny Isles, not Sunny Isles Beach, and
AT &T refers to us as North Miami Beach, and so some official effort needs to be made.
Action: Vice Mayor Thaler said the only way is to have our own Zip Code. Two (2) years
ago we hired a lobbyist and we had several town meetings in different condos and very few
people showed up and they didn't want it because they were afraid their social security check
would get lost, they would have to get new stationery, etc., there was no support for it.
Commissioner Scholl said in the National Data Base when you put in our Zip Code, it says
North Miami Beach, and Mayor Edelcup said newscasters, weathermen, etc., are so used to
the old name of Sunny Isles that it is going to take generations to get it right. Commissioner
Brezin suggested that Mr. Aelion form a Committee to address the issue.
14. ADJOURNMENT
Commissioner Scholl moved and Commissioner Goodman seconded a motion to adjourn the
meeting, and Mayor Edelcup adjourned it at 8:20 p.m.
Respectfully submitted by:
Jane A. Hines, CMC, City Clerk
Approved by the City Commission on Feb. 19, 2009
T%2NanS. Edelcup, Mayor