Loading...
HomeMy WebLinkAbout2010-0218 Regular City Commission MeetingSUMMARY MINUTES Regular City Commission Meeting Thursday, February 18, 2010, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT 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 Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner City Attorney Hans Ottinot Assistant City Manager /Services Jorge Vera City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchdstegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Isaac Aelion 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. Special City Commission Meeting —January 21, 2010. Action: Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the above - mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 3B. Regular City Commission Meeting —January 28, 2010. Action: Commissioner Scholl moved and Commissioner Goodman 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. Hand -Outs: Item 10D. Employee's Health Insurance Renewal; and Item IOL. Change Order No. 1 to Tenex Agreement. 5. SPECIAL PRESENTATIONS None Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida 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) None 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Judge Robert Newman, Maurice Donsky, Esq., Mimi V. Turin, Esq., Regine Monestime, Esq., and Rafael E. Suarez - Rivas, Esq. as Special Masters, and Appointment of New Special Master Ellen Lavin, Esq., for a Period of One Year, in Accordance with City Code Section 14 -3; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting the new appointment of Ellen Lavin who is a resident of Sunny Isles Beach. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010 -1526 was adopted by a voice vote of 5 -0 in favor. 10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For and Accept a Miami -Dade County Metropolitan Planning Organization (MPO) Transportation Enhancement Program (TEP) Grant on Behalf of the City, in an Amount of $1,000,000.00, in Order to Construct a Pedestrian Bridge /Greenway with Emergency Access Capability between 172nd Street and 174th Street; Authorizing the City Manager to Take Any and All Action Necessary With Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager /Finance Doug Haag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2010 -1527 was adopted by a voice vote of 5 -0 in favor. Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager and /or His Designee to Apply for, Receive and Expend Grant Funds from the Florida Inland Navigation District Waterways Assistance Program through the State of Florida, in an Amount of up to $250,000.00, for the Purpose of Site Improvements at the Bella Vista Bay Park Located at 500 Sunny Isles Boulevard; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining, Acceptance, and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager /Finance Doug Haag reported noting this is for Bella Vista Bay Park infrastructure work including seawall reconstruction, any repairs to the dock as well as some site work and improvements. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2010 -1528 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, Approving the Selection of AvMed as the Provider for Employee Health Insurance, Lincoln Financial Group as the City's Provider for Dental Insurance, Life Insurance, Accidental, Death & Dismemberment (AD &D) Insurance and Long Term Disability Insurance, and EyeMed as the City's Provider for Vision Care for a One -Year Period; Authorizing the City Manager to Enter into Agreements with these Providers, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Handed out prior to meeting.] City Clerk Hines read the title, and Assistant City Manager /Finance Doug Haag reported the total cost for this fiscal year is about $80,000 for these benefits, 12% for the health insurance, and an increase of 27% on the dental side, due to prior year's claims experience. He said he spoke with an independent insurance consultant who said based on the 85% claims ratio which is about break even for AvMed, a 12% increase is reasonable and within an acceptable range. Mayor Edelcup asked if there a corresponding increase to the employee, and Mr. Haag said this is a total overall increase and so employees will also see a 12% increase in their cost. Public Speakers: Bob Hollander Bob Hollander of Brown and Brown explained that they go through a thorough process which includes a committee of City employees, and then they go out to bid. Commissioner Scholl asked if the increase was due to our loss ratio or is it an industry increase, and Mr. Hollander said it is really an industry increase, and you have some credibility as far as losses. He explained that the size of the group is not at the point yet that you have full 100% creditability and your losses directly affect it. It is kind of a balance, and so it is a loss experience plus rates that are standard for this area based on the census. He said industry average is in the 12% to 15% range, but we try to do better than that. Mayor Edelcup asked what would be considered a favorable loss ratio, and Mr. Hollander said they would like to see the loss ratios down below 50 %. Commissioner Goodman asked Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida if an employee received a huge bill will the insurance company cover it, and Mr. Hollander said yes, it is unlimited. Mayor Edelcup asked if we are doing everything we can to educate the employees to help keep our costs and loss ratio lower, and Mr. Hollander said we have wellness programs, an annual health fair, and the next step will be an open - enrollment process where they can make any changes needed. Mayor Edelcup said that the cover memo from Mr. Haag states that we are going to be with Brown and Brown to discuss a possible reduction in their commission fee, and Mr. Hollander said that their commission is a standard 6% that the carriers pay, we have about 200 employees here and historically 200 is not the area where we get into those kind of negotiations, the carriers allow us to do that at 500, and the carriers are more receptive to us doing that but he will talk with Mr. Haag. Mayor Edelcup said what if the City would jointly petition for insurance with Aventura or Surfside, or get up to 500 employees by group purchase would we all gain by that, and Mr. Hollander said it is not always the size, it depends on what you are dealing with and loss experience, but you have to have a common employer. Mayor Edelcup said he is sure the attorneys in the respective cities can come up with something. Commissioner Scholl said under the last health bill, the way it was drafted, we could actually end up paying more because our plan could be considered a premium plan. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2010 -1529 was adopted by a voice vote of 5 -0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Addendum to Agreement with American Traffic Solutions, Inc. (ATS) to Provide Collection Services for All Photo Enforcement Violations Remaining Unpaid, Attached Hereto as Exhibit "A "; Authorizing the City Manager to Execute Said First Amendment to Agreement and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager /Finance Doug Haag reported noting that ATS would keep 30% of what they actually collect. Public Speakers: none Mayor Edelcup suggested for discussion to consider modifying our policy as it relates to the red light and all the people that are being ticketed for making a right turn without coming to a full stop. When we put the red light program into effect, we were trying to prohibit cars from going straight through on a red light but we are ticketing many people who are doing a rolling turn on a red. He said the law requires people to come to a stop but for years we have all been educated that you can make a right turn on a red. He would like to discuss two possibilities: 1) Don't ticket on a rolling red; or 2) Put a sign up on that corner advising people that they will be ticketed if they make a right turn on a red before coming to a full stop first. Vice Mayor Thaler said he thought we had ordered signs and he thought we had established a rolling stop at 12 MPH, and City Manager Conner said you are correct on both issues, we have ordered signs but they say "no right turn on red when pedestrian is in crosswalk ", and there is a rolling limit, if the vehicle is going 12 MPH or faster rolling through the intersection then it enters into the system. Mayor Edelcup said we established the 12 MPH, how does the public know this unless it is posted, and so unless we go back and 4 Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida inform the public, he feels we are unfairly ticketing them. Commissioner Scholl said the Driver's Manual states "right turn on red in Florida after stop ", and so that is clear, but he agrees with putting up a sign, and he feels we should have a first offense rule to give them a get out of jail free for the first offense and if they get a second offense, they get ticketed. Mayor Edelcup said if we put the sign up, we can do away with the 12 MPH rule, and until such time as we put a sign up, we should not ticket them. Commissioner Goodman said that the sign should say "Stop on Red Before you Make the Right Turn". Vice Mayor Thaler requested that the sign be expedited. Commissioner Scholl asked if we have the software to keep track of the one warning rule, and City Attorney Ottinot said yes, ATS may have a billing based on the license tag. Commissioner Scholl said from this day forward we can send them a warning letter that states this is your one warning, and if you do this again, you are going to get a ticket. City Manager Conner asked for clarification, if we mount the sign do we also give the first one a warning, and Commissioner Scholl said there are three issues here: 1) the Mayor said no tickets until you mount the sign because it is ambiguous; 2) You are going to put the sign up; and 3) When the sign is up, the first ticket is a warning and then you ticket them after the warning. City Attorney Ottinot said we will have to come back and amend our Code for the warning issue, and we will get it to ATS. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010 -1530 was adopted by a voice vote of 5 -0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Additional Software License Agreement with New World Systems, Inc. for the Purchase and Implementation of an Accounts Receivable Module, in a Total Amount Not to Exceed $15,000.00, 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 Assistant City Manager /Finance Doug Haag reported noting that $15,000 is a one time fee, and there is an annual cost of $960. Public Speakers: none Commissioner Scholl asked how much invoicing we do, and Mr. Haag said the biggest one coming up is for the Special Assessment billings which are 60 bills a year for 15 years. Mayor Edelcup noted that we will also have some annual billings for TDRs. Mr. Haag said also with the fact that we are landlords we issue rental invoices on a monthly basis. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010 -1531 was adopted by a voice vote of 5 -0 in favor. Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida 10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of a 2010 Ford F -150 for Ocean Rescue, from Gus Machado Ford, in an Amount Not to Exceed $24,485.00, 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 this vehicle is a replacement, and is in the General Fund Capital Budget. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010 -1532 was adopted by a voice vote of 5 -0 in favor. lOH. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Existing Utility Easement Agreement with Florida Power and Light Company ("FPL") for Sunny Isles Beach Government Center and Tony Roma's Properties, 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 /Services Vera reported that this is housekeeping in order to record two easements. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2010 -1533 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, Approving a Ten (10) Year Extension for the Useful Life of Development Rights Owned by Jerry's Famous Deli Providing that Required Annual Payments are Made to Preserve Such Rights; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Heard with Item IOJ below.] City Clerk Hines read the title, and City Attorney Ottinot reported. Commissioner Scholl asked why they have to approve the extension, and City Attorney Ottinot said it is an administrative process but it would give the owner a better assurance with a Resolution that they have this right, and they have to continue to pay $8,080 on an annual basis in order to preserve their development rights. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010 -1534 was adopted by a voice vote of 5 -0 in favor. 6 Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida 101 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Ten (10) Year Extension for the Useful Life of Development Rights Owned by Sunny Isles Property Holdings, LLC Providing that Required Annual Payments are Made to Preserve Such Rights; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Heard with Item 101 above.] City Clerk Hines read the title. City Attorney Ottinot said they must continue paying $10,075 annually to preserve their development rights. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010 -1535 was adopted by a voice vote of 5 -0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No. 2 to Agreement with Coastal Construction Company for Professional Construction Services for the Heritage Park and Parking Garage Project, Decreasing the Amount of the Agreement by $81,405.12, 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 Vera reported that we can save on taxes by buying the materials directly saving about $200,000 on this project. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2010 -1536 was adopted by a voice vote of 5 -0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of Change Order No.1 to Agreement with Tenex Enterprises, Inc. for Atlantic Isles Roadway and Utility Improvements, in an Amount Not to Exceed $312,237.22, 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's Note: Change Order No. I was handed out prior to the meeting.] City Clerk Hines read the title, and Mayor Edelcup passed the gavel to Vice Mayor Thaler and he and Commissioner Scholl abstained as they are residents on Atlantic Isles. Assistant City Manager Vera reported that this was approved in the budget amendment last month. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2010 -1537 was adopted by a voice vote of 3 -0 -2 (Mayor Edelcup and Commissioner Scholl abstained) in favor. 11. MOTIONS None Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida 12. DISCUSSION ITEMS 12A. A Discussion regarding a Presentation by J. Milton and Associates on a Public /Private Partnership. Action: [City Clerk's Note: Joe Milton handed out an updated Book of Renderings of the Wometco Project.] Mayor Edelcup reported that last month we had the wonderful news that the Seaquarium was interested in our proposed new park area on Sunny Isles Boulevard and the Commission had asked that City Manager Conner meet with various parties to see if we could integrate the concept of that aquatic park along with the park and parking garage that we would hope to build on the property we own adjacent to that. Public Speakers: Joe Milton; Eduardo Castineira; Katy Steiger Joe Milton gave a brief history of St. Tropez and Town Center, and said Jack Luft's Evaluation & Plan for Open Space & Recreation, dated March 2008, is the basis of his presentation tonight. He read the following excerpts from that report: "The City has thought through its master planning process to create a true Town Center with a mix of public, private, commercial, residential, and civic uses that can provide a center of gravity and identity for an evolving sense of community. A major public space for community -wide events that appeal to broad and diverse segments of the community is needed." "The most suitable site in the preceding analysis of alternative locations for a park and open space that can fulfill the needs for a central gathering place for the Sunny Isles Beach community is the median area between the east and west bound lanes of Sunny Isles Boulevard." "A Park for All Residents ", and these are the things that he thought needed to be included in such a park: • A Facility for Destination Attractions: A multi - purpose convention center with flexible programmable spaces that can host traveling museums, exhibits, convention and meeting space, cultural performances and shows, art exhibitions, private receptions and events, civic events and educational activities. • A Performance and Event Stage & Plaza: A permanent stage and production equipment for outdoor concerts, rallies, group promotions, cinema and video exhibitions and festivals. • A Great Lawn or Commons: A green space for hosting festivals, specialty markets, free play and concert crowds with sculpture gardens and water features. • An Outdoor Cafe: A sidewalk cafe for small scale music events and for catering, Exhibition Center events. • A Public Parking Garage & Pedestrian Overpasses to Town Center & Beach/Pier. Mr. Milton said we have a huge need for public parking in that area of the City. Mr. Milton said this report inspired him to hire Architect Eduardo Castineira who had worked with him at St. Tropez, and he thinks this is a visionary, an incredible design, and with this guidance he came up with a concept that would work for this City. Mr. Castineira noted that he and Arthur Hertz of Wometco Enterprises and the Seaquarium, showed a proposal at the January 28, 2010 City Commission meeting, and tonight's presentation enhances that proposal, and he presented each of the renderings. A very important element that was expressed in Mr. Luft's report was the bridge that could take pedestrians from the park or the Wometco building and connect them to the beach. The idea of a skywalk, a pedestrian bridge, was fantastic because it eliminates the problem of a 8 Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida dangerous intersection, and creates an opportunity to ascend to a higher level within the park with an incredible view of the ocean. They have added and layered the ground parking to utilize this space as much as possible for parking. Along the edge across from the St. Tropez they have layered in retail that will be about 18,000 square feet which will promote pedestrian activity and attract people deeper into the project. There are three levels of stacked parking from ground level to the third level, and on the forth level, the roof becomes an area used for water j ets for children to play, for sculptures, for displays, etc. The forth and fifth levels will be for halls which is approximately 13,000 square feet and will accommodate 1,132 people on each floor. In this layout, there are 314 parking spaces, and the Luft report had identified 300 needed in this area. On the west side of the park is a display screen and a stage, and the steps that take you to different levels will also be used for seating in an amphitheater -like way looking at the screen. They compressed the building to achieve the open plaza and by compressing the building it had to go higher which gave beautiful views of the City. The skywalk has a tower at each end with stairs and elevators, and is 54 feet above street level. At the bottom of the base of the building will be landscaping, lagoon, water feature, and a lush tropical garden. Mayor Edelcup said that this is a magnificent presentation and a wonderful opportunity for our City to integrate the Wometco project with our park. Commissioner Goodman said one will cost more than the other, and Mayor Edelcup said the presentation from last month would be built by Wometco and we would be responsible for developing the site adjacent to the Wometco site within a uniformed design, and so the cost to the City would not change. Vice Mayor Thaler said there was an inherit cost to the park all the time, the park and the parking lot was always there, and the only thing added today was the skywalk, and so now they have laid out the entire project, not just the Wometco project. There are three different projects here: 1) Wometco; 2) park and parking lot; and 3) the skywalk. Commissioner Scholl said we had a conceptual presentation last month by Wometco, and this design is predicated on the Aquatic Center being built. He doesn't understand the nature of a public /private partnership because we haven't discussed that. It is a gorgeous design but he doesn't know what kind of process we are talking about, who pays, and what is our fallback position in the event that the Aquatic Center doesn't get designed. These ideas are a great starting point but there are a lot of details and we are talking about a huge project that is at the entrance to our City. There are a lot of logistics and financial considerations to be worked out, and he just wants us to be careful that we don't get ahead of ourselves. Commissioner Goodman said that you are also putting in retail and you have too look at who is the landlord, and City Attorney Ottinot said for the record that the City would own everything and that the Commission would make the final design choice. Mayor Edelcup said we all agree that we have a beautiful project here and that there are a lot of cost details that need to be worked out. We also have to start now to get a project like this even started to iron out the entire process in order to enter into these various agreements. Everything is contingent upon the whole project going forward or nothing goes forward, and the quote that got into the paper about public /private partnership envisions the fact that there are private portions of this entire tract that we are going to have developed with private funds and they are going to be public portions of this entire tract that are going to be developed with public funds. The actual design is something that we need to lock into early, and if 9 Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida everyone agrees that this is a beautiful plan that someone has already taken a year or two to conceive, and we have at this point a willing partner in Wometco, it behooves the City to try to put together a master plan with these players. Mayor Edelcup said that the City has to protect itself to make sure its contribution to this overall effort is a fair economic cost to the City and a fair return to the residents of the City. It is his recommendation that if this concept is being enjoyed by the majority of our Commission and Wometco has indicated that they fully intend to go forward with this concept, that we start working with Wometco and the architect to see how we can divide this project into visible parts that it is going to be formed in, ie., a contract between Wometco and the architect, and a builder who is going to build the Wometco portion and a contract between the City and the architect and the contractor who is going to build the City portion and hopefully it is one in the same so there will be a uniformed design and benefit of having a cost of a common project being shared amongst all the parties. We have to remember that for the City or the public portion of it, there is a process that we have to go through to assure that we are spending tax payers money in an efficient and proper manner. His suggestion is that the Commission try to gel on this particular design and project and instruct staff to begin to work with the architect to carve out that portion of the project that is the City /public responsibility to build and carve out the portion with Wometco. The City also has to deal with Wometco as to the land under their portion because we own that land and so there has to be some sort of an equitable treatment that the City will get reimbursed from Wometco rather it be rent or purchase to cover the cost of the land underneath the Wometco portion. Mayor Edelcup noted that there are three different corners to this triangle: 1) the Wometco piece; 2) the City piece; and 3) the architect who has developed the overall concept, and amongst those three we are trying to put together a program that has the visible parts but in the total structure we get a park, a parking lot, an aquatic center, and a skybridge. Before we enter into any kind of a final agreement, separate costs will be developed so that we know what we are purchasing and what we are all paying for, and that both parties have satisfied themselves and that the contractor is giving the City the best price for its portion, as well as Arthur Hertz's portion, but we all have to be doing this in tandem and in unison so hopefully we all get to the finish line together. If any one of those fail to meet on the finish line you can't start the next portion until everybody is together. Commissioner Scholl said that there is a certain tandem element but he doesn't want staff to start spending money until we have a good handle on the Wometco piece. He feels that staff should focus their efforts on getting a deal with Wometco and an agreement on a design that Wometco is going to be satisfied with because the first piece is Wometco committing and then everything else will flow and we will have clear direction on what we need to do, because ultimately their piece is more expensive than ours. Mayor Edelcup said he doesn't think we need to spend money to flush out what our portion is, and so the architect and Joe Milton can furnish the City with an estimate of cost for the City's portion. Vice Mayor Thaler noted that Arthur Hertz of Wometco will be here tomorrow at 11:00 a.m. for a press conference and that will be the first step to get confirmation that he is willing and wants to go forward. Commissioner Scholl said we need to be careful with the public as well, it is a great idea but he doesn't want to build expectations. Mayor Edelcup said that the 10 Commission Minutes: Regular City Commission Meeting February 18, 2010 City of Sunny Isles Beach, Florida question that Commissioner Scholl has raised is a legitimate one, does he have the financing to complete the project because if he doesn't we can't go forward with ours. Mayor Edelcup said we can continue to move forward on a plan and we can instruct staff to continue moving in a direction to ferret out all the information, to determine where we are with Wometco, to see if we can get a separation of the cost so that we can at least begin to put in distinct piles which areas we would each be responsible for, what the cost to the City would be for the park and the parking garage, and what the cost to Wometco would be for the Aquatic Center, and then everything would be contingent on Wometco moving forward. If Wometco moves forward we can move in parallel and then determine what is the City's best financing method for this project as well as the actual cost estimates to make sure that the City is getting a fair and equitable price on the project. Commissioner Scholl said if Wometco wants to move forward, it is not a guarantee that we are going to move forward and that means that we will have better data to make an informed decision, and we would have to come up with an economic model that is a cost benefit analysis. Vice Mayor Thaler asked if the walkway is part of Wometco or of the City, and Commissioner Scholl said he thinks that is all a part of the Wometco proposal and any conversation that staff has with Wometco would be predicated on the Commission agreeing, and so you do work somewhat in tandem, and the main thing is that we don't want to spend money before we know what potential direction we are going in. Mayor Edelcup said that the City Manager would have to come back to the Commission for permission to spend any money, and realistically, it will be a year or longer of planning and negotiating with all the parties. This is a project two or three years in the making and another two or three years before we see some kind of finalization. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS mm, 14. ADJOURNMENT Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 8:40 p.m. Respectfully submitted by: Jane A. Hines, CMC, City Clerk 11 by the City Commission on March 18, 2010 S. Edelcup, y. • oDrFLOr�a 44e car' Os So, woo TO: FROM: DATE: RE: 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 3/18/2010 Summary Minutes for the February 18, 2010 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the February 18, 2010 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes Agenda Item No.3A Date 3/18/2010 FORM COUNTY 813 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 51006A ISL m1 S Sl oN MAILING ADDRESS a14 LA L. THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY O OTHER LOCAL AGENCY CITY COUNTY s c< NAME OF POLITICAL SUBDIVISION: C ISLES tE DATE O ICH VOTE OCCURRED O MY POSITION IS: ELECTIVE Cl APPOINTIVE 6% WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST F .�!�:A&GUI P hereby disclose that onell�y, l 20 (a) A measure came or will come before my agency which (check one) _Zinured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: t1nnA,. e--,e\ . Date Filed nature liogs by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE TSL� MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON L I C ISLE WHICH I SERVE IS A UNIT OF VCCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: S S 1 - DATE ON WHICH VOTE OCCURRED 8 MY POSITION IS: ELECTIVE ❑ APPOINTIVE IJ WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. /�� q� DISCLOSURE OF LOCAL OFFICER'S INTEREST I, GUA6,� 'tSl.1,i��i S.G LL hereby disclose that on 1—Q J I" j g 20 0 (a) A measure came or will come before my agency which (check one) VInured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ! inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: PrIo , J. Z Z Z 701 t' Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2