HomeMy WebLinkAbout2011-0519 Regular City Commission MeetingSUMMARY MINUTES
Regular City Commission Meeting
Thursday, May 19, 2011, 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.
1.
2.
3.
AGENDA
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 Acting City Manager Jorge Vera
Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot
Commissioner Isaac Aelion City Clerk Jane A. Hines, CMC
Commissioner Jeanette Gatto Assistant City Attorney Fernando Amuchastegui
Commissioner George "Bud" Scholl
PLEDGE OF ALLEGIANCE / INVOCATION
Action: Commissioner Gatto led the Pledge of Allegiance to the flag, and City Historian
Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum.
APPROVAL OF MINUTES
3A. Regular City Commission Meeting — April 21, 2011.
Action: Commissioner Scholl moved and Commissioner Aelion 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: Add -On: Item 5E. A Proclamation; and Item 12A. Status on
Soundproofing Skate Park.
Action: Mayor Edelcup noted the above changes to the agenda.
Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5 -0 in favor.
5. SPECIAL PRESENTATIONS
5A. A Proclamation Designating May 2011 as "Neurofibromatosis (NF) Awareness Month"
in the City of Sunny Isles Beach.
Action: Mayor Edelcup read the Proclamation into the record; City Clerk Hines will mail it.
Summary Minutes: Regular City Commission Meeting May 19, 201 1 City of Sunny Isles Beach, Florida
5B. Presentation of a Children's Covenant Entered into by the City of Sunny Isles Beach, the
Miami -Dade County School Board, and the Miami -Dade County Public Schools to Reaffirm
our Community's Commitment to Public Education.
Action: Mayor Edelcup reported noting that this Covenant reaffirms our community's
commitment to public education.
5C. Introduction of Winners of the Sunny Isles Beach College Scholarship Program of 2011.
Action: Mayor Edelcup said that the Commission established a College Scholarship
Program for high school students from the City of Sunny Isles Beach as part of a drug
prevention and safe neighborhood program. This Program awards four (4) deserving
students $5,000.00 each towards their college tuition and is funded through the interest from
forfeiture funds. Mayor Edelcup announced the first four (4) recipients of the College
Scholarship Program: Edgar Alza, Zachary Berger, Melissa Bouganim, and Kathy Fernandez.
All of these students demonstrated excellence both academically and in community services.
5D. A Proclamation Designating May 23 — 30, 2011 as "National Beach Safety Week" in the
City of Sunny Isles Beach.
Action: Mayor Edelcup read the Proclamation into the record, and presented it to Cultural
and Human Services Director Susan Simpson on behalf of Ocean Rescue as they were still
on duty. Ms. Simpson noted that there will be some special educational events that week at
Tower 17 located at Samson Oceanfront Park.
5E. Add -On:
A Proclamation Designating the Month of May 2011 as "Asian Pacific American Heritage
Month ".
Action: Mayor Edelcup read the Proclamation into the record, and presented it to Winnie
Tang and Fang Oliver representing the United Chinese Association of Florida (UCAF) and
Taiwanese Chamber of Commerce of Miami (TCCM) respectively. Ms. Tang thanked the
Commission and noted that as of the 2010 census, there are 450,000 Asians in the State of
Florida, and in Miami -Dade and Broward Counties there are over 120,000 Asians. She
announced that the Dragon Festival will be held on September 24, 2011 at Haulover Park.
6. ZONING
None
ORDINANCES FOR FIRST READING
None
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
None
Summary Minutes: Regular City Commission Meeting May 19, 2011 City of Sunny Isles Beach, Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
Bid No. 11 -04 -01 to and Entering into an Agreement with Shorty's Bar -B -Q for
Catering Services for the City's Annual Anniversary Celebration, in an Amount Not to
Exceed $30,555.00, 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 Cultural and Human Services Director Susan
Simpson reported noting that the City's Anniversary celebration will take place on Sunday,
June 19, 2011 at Samson Oceanfront Park.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2011 -1715 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, Approving
the Second Addendum to Service Agreement with Otis Elevator Company for the
Maintenance of the Three (3) Elevators at Government Center, and One (1) Elevator in
the Pelican Community Center, in an Amount Not to Exceed $885.00 per Month, and
an Additional $540.00 per Month Beginning on April 1, 2012 when Maintenance of the
Two (2) Elevators at Heritage Park Parking Garage will be Added, Attached Hereto as
Exhibit "A "; Authorizing the Mayor to Execute Said Second Addendum to Agreement;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported
noting that the two elevators at Heritage Park Parking Garage are currently covered under a
one -year warranty which expires on April 1, 2012 at which time they will be added to this
Agreement.
Public Speakers: none
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2011 -1716 was adopted by a voice vote of 5 -0 in favor.
IOC. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 2011 -1664 Amending the Schedule for City Commission Meetings for
Calendar Year 2011 by Changing the June 16, 2011 Meeting to Wednesday, June 15,
2011; Providing for an Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: none
Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2011 -1717 was adopted by a voice vote of 5 -0 in favor.
3
Summary Minutes: Regular City Commission Meeting May 19, 2011 City of Sunny Isles Beach, Florida
lOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Budget Amendment No. BA1011 -010 to Fiscal Year 2010/2011 Semi - Annual Budget to
Ensure Budgetary Compliance; Authorizing the City Manager to Do All Other Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager/Finance Minal Shah
reported noting that this amendment reflects unanticipated costs that have occurred during
the year such as the Run -Off Election as well as the Special Election taking place on May 24,
2011. In addition, it reflects items that were approved by the Commission at the
Commission meetings from October 2010 through April 2011.
Public Speakers: none
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2011 -1718 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
an Agreement with Super Color, Inc. to Provide Printing Services for Four (4)
Quarterly Issues of the City's Calendar of Programs and Events, in an Amount Not to
Exceed $13,560.00, 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 Cultural and Human Services Director Susan
Simpson reported and presented the catalogue that publishes every event that we have going
on in the City, which was printed at a lower cost than in previous years.
Public Speakers: none
Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2011 -1719 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, Authorizing
the Purchase of a Ford Fusion Hybrid for Use by City Manager, in an Amount Not to
Exceed $30,000; 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 Minal Shah
reported that pursuant to the City Manager's Agreement approved by the Commission in
April, they would be purchasing a 2012 Ford Fusion Hybrid.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2011 -1720 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting May 19, 2011 City of Sunny Isles Beach, Florida
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Calvin Giordano and Associates, Inc., to Provide Professional
Engineering Services for the Newport Fishing Pier Project, in an Amount Not to Exceed
$33,090.75, 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 Acting City Manager Jorge Vera reported noting
that Calvin Giordano has been working with the City since June 2010 in trying to obtain the
permits required for the Pier. When the contract with Marlin Engineering was terminated the
structural plans for the Pier and restaurant were completed, however, the civil engineering
portion of it was not and we need that to obtain a permit for the restaurant portion.
Public Speakers: none
Vice Mayor Thaler asked if this is part of the $4 Million that had been allocated for this
project, and Acting City Manager Vera responded that it is.
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2011 -1721 was adopted by a voice vote of 5 -0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Add -On:
Discussion/Status on Soundproofing for Town Center Skate Park.
Action: [City Clerk's Note: Report was distributed prior to the meeting.] Acting City
Manager Vera reported that at the direction of the City Commission on April 21, 2011 staff
contacted several firms as to the cost of absorptive material for a barrier wall, and for an
enclosed building for the Skateboard Park. As for the proposal for a sound wall, an
engineering study would have to be made to determine its effectiveness. In talking to another
sound engineer, he said a minimum wall of 12 feet will not work, we will have to go much
higher and so the price of $108,000 is low. Staff also checked into different types of steel
manufactured buildings and it averages around $269,000 to enclose the entire park, which
would be the most effective way of keeping the sound out. However, once we start redoing
the Park, the cost will be in the vicinity of $400,000 +. If you look at the wall, by the time we
finish putting up a 20 to 30 foot wall, the cost will be in the same vicinity.
Public Speakers: Jaclyn Matityahu
Mayor Edelcup said that we have gone through a series of studies to see if there is a solution,
and the structures look like they are either cost prohibitive or not effective in containing the
sound. The only other suggestion is to talk to some of the residents and see if we can get a
compromise on reducing the number of hours and holiday schedules for the Park which may
be the only solution we have. To spend $400,000 and not even know if it will work for a
skateboard park that costs $250,000, doesn't make too much sense.
Summary Minutes: Regular City Commission Meeting May 19, 2011 City of Sunny Isles Beach, Florida
Commissioner Gatto said if we enclose the Park it will allow it to operate on rainy days, and
for ten (10) hours a day, seven (7) days a week if the sound reduction is effective. There will
be short term pain, i.e. dollars spent, but long term gain. Kids are skating after the Park
closes at 8:00 p.m. and before it opens at 3:00 p.m. It is a blatant disregard for the rules and
regulations, and if the Skate Park is going to operate in good faith in the community they
should be cognizant of their present behavior. She is for closing the Park in the interim until
we can figure out what we can do about the noise. Cultural and Human Services Director
Susan Simpson said she called the owners of the Sugar Drop Shop, and he said he was going
to work it himself today to make sure it closes at 8:00 p.m., as he is having problems with his
young employees. Ms. Simpson said she expressed the concerns of the Commission and the
residents and that they must, per their contract, follow those rules.
Mayor Edelcup asked if it is possible for Public Works or the Police Department to go by
there to assure us that the hours will be strictly adhered to. Ms. Simpson said we have the
Park Patrol, and we will have a Public Works employee go by at 8:00 p.m. to make sure that
they are shutting down, and help those young people that are working there to get the people
out. Vice Mayor Thaler said if it continues we should put our own people in there and get rid
of the vendors, and in the short term we should look at reducing the hours.
Commissioner Scholl said he would blame it more on the consultants because we hired
professional park designers and they should have raised an issue about the noise associated
with a skate park, and then there is the 40 -story building adjacent to the Park which is going
to exasperate the noise, and so at this point he feels on one hand we made a mistake, on the
other hand we have a very successful amenity. It does work, it is getting kids off the street
into a relatively isolated safe environment. In his mind, spending $400,000 to enclose the
Skate Park is not a lot of money relative to the benefit that we are getting out of it. And so at
this point he is for enclosing the Skate Park. In the meantime, as the Mayor pointed out, we
could limit the hours while staff works out a deal on a structure, and then ultimately we will
have to close it while we are building the structure. He would be in favor of making a deal
with one of the building manufacturers, it is not in a place where the building is going to be
seen on the street, and so it doesn't have to be aesthetically beautiful, it needs to be insulated
properly from the inside. As Commissioner Gatto pointed out, if it was enclosed, we would
get twice the use out of it, we wouldn't have kids sneaking into the Park in the middle of the
night, we would have a much better ability to regulate the use of the Park, and we would
have no issues extending the hours or being open on holidays. Commissioner Aelion asked
about the hours, and Commissioner Gatto said it was a recommendation that she had made
and she recommended 2:00 p.m. to 7:00 p.m.
Mayor Edelcup said if we want this to function properly, we have to have reasonable hours
for the concessionaire. He also cautioned about building a building when we don't know
what it would really cost because we have mangrove swamps around there, this is not a
rectangular piece of land, and if you enclose it, you will have a on -going huge maintenance
cost of air conditioning, and so before we jump into this, we should check this all out.
Vice Mayor Thaler asked how many children are involved in this, and Ms. Simpson said that
attendance did drop a little since it opened but they have an average of 30 children per day.
Summary Minutes: Regular City Commission Meeting May 19, 2011 City of Sunny Isles Beach, Florida
Mayor Edelcup said he has been there several times and there are never more than 15 at any
one time, but anything that would have been built there would have created noise as it was a
passive park, and now it became active with the noise associated with it. Vice Mayor Thaler
asked Ms. Simpson to check on how many children come in a week.
Commissioner Aelion said the first step is the reduction of time, and meanwhile we should
find an alternative, Commissioner Scholl's approach of entirely enclosing it is maybe
something to consider but he noted before that he would not consider anything until there is a
relevant pilot result of any mitigated reduction of sound. This is his position at this point.
Mayor Edelcup noted that the Sound Study Report indicated to not totally enclose it but to
leave one side open which would alleviate a lot of the cost. We also need to see how long
the permitting process would be because DERM would be involved again. Vice Mayor
Thaler said it is possible by putting it on one side that the noise will float to the other side
and we have duplexes on the other side that could be affected by the noise. So there is a lot
of work to still be done here before we can make the decision, but again we need to know
how many children are there before we can make a proper decision. We may be able to use
the $400,000 for something a little more beneficial then putting it into a wall, maybe we have
to close it. At this time we don't have enough information to go forward with anything other
than reducing the time.
Commissioner Scholl said if we enclose it, we are going to solve the problem. Mayor
Edelcup said it is not a quick solution, and we also need to know what the ongoing
maintenance cost of an enclosed building is, because again he goes back to the $250,000
investment that we put in for a skateboard park, that costs $500,000 to $1 Million to build
and maintain doesn't really put taxpayers dollars in the right place for 30 people.
Commissioner Scholl said he is not saying that we are committing to building it, what he is
saying is that he would like to direct staff to find out those numbers because we know that is
a solution that works. Mayor Edelcup said we can't build it at this point because we don't
know what it is going to cost, what the ongoing maintenance is going to be, what the
environmental issues are going to be, what hours we would use it, and how many people are
going to use it. If we wind up with only 30 people using it and we are spending $500,000,
that doesn't make sense. If we did away with it, 30 people would no longer have a
skateboard park and the sound would disappear, and that is one of the decisions that we have
to make. Commissioner Aelion said we have an unknown here, we need assurances, it is
possible to have a pilot plan and there is no cost, it is very attainable.
Ms. Simpson said she would get some actual user numbers, how many have registered, the
average daily usage, and she will initiate conversation with the vendor as far as reducing the
hours. Mayor Edelcup said in addition to that he thinks we need to have Acting City
Manager Vera to actually price the structure for this configured park the way it is and to also
find out what permitting processes are going to be there, and what the ongoing maintenance
is going to be so we can relate it to how many people are actually using it so we can
determine whether or not we are effectively spending taxpayers dollars. Ms. Simpson asked
for clarification, her conversation with the vendor will be to reduce the hours to 2:00 p.m. to
7:00 p.m., seven (7) days a week, and close on certain holidays. Mayor Edelcup said you
will have a conversation with him to see what feedback you get, and to bring it back to them
7
Summary Minutes: Regular City Commission Meeting May 19, 2011 City of Sunny Isles Beach, Florida
if there is a problem. Commissioner Gatto asked what holidays, and Ms. Simpson said it
would be in compliance with our noise ordinance.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Dawn Spillane of Golden Shores, said she passed the Tot Lot Park at 191 Street and
Atlantic Boulevard, and noticed that a portion of the wall was cut out. She spoke to her
neighbors and no one knew what it was about. She called City Hall and found out that the
City had decided to put a basketball court under the bridge, and there would be a gate located
in the Tot Lot. She feels this is a bad idea, this will be the access to the basketball court, and
there is already an access in place not a block away. She had her neighbors sign a petition to
stop this entrance as it will allow people into their neighborhood that they don't want, like
thieves. Also, has the air quality been checked under the bridge, who is going to be policing
this area, bird droppings, etc. They have a sense of security in Golden Shores and that will
be lost along with property values, and insurance prices will go up.
Action: Vice Mayor Thaler said it was the idea of the residents in Golden Shores in 2009
when we were talking about the basketball court and putting an opening there which was
suggested by the Golden Shores residents so they could have a walkway to the new park.
Public Speakers: Dawn Spillane; Vicky Spillane; Marianna Talalaevsky; Jaclyn Matityahu
Ms. Spillane said no one asked them, and she asked if we can reverse it. Mayor Edelcup said
at this point we can gate that back area and lock it until we can resolve if we should open it
or not depending upon how the residents of Golden Shores feels. If the majority of the
people in Golden Shores don't want it open, then we can keep it locked. Ms. Spillane asked
if she can just get a petition signed by 75% of the residents in Golden Shores, and Mayor
Edelcup said no, we need to make sure that the residents understand what is being asked. We
can conduct an opinion in that area and find out which way the mothers would prefer their
children to get to Heritage Park. The gate has already been bought, the hole has already been
made in the wall, and it would cost more money to close the hole than to put in the gate.
Commissioner Scholl said when we planned this and we had a number of public hearings, we
had the trail that goes from Golden Shores to under the bridge to the new Park, and residents
from Golden Shores came and said it was a great idea, they loved the fact that their
community is interconnected to the Park. People came and advocated for this, and what the
Mayor is suggesting is a good middle ground in that staff will put out a survey and will find
out what the residents want to do ultimately. The gate would stay there until we have the
vote and then if it turns out they don't want it, then we will close it up.
In response to a question of how the area will be monitored, Mayor Edelcup said there are
cameras being installed underneath the Lehman Causeway, we have Park Patrol, and we have
a person assigned to Heritage Park that will also encompass him checking that area and the
pocket park in Golden Shores Park, in addition our Police will be patrolling the area. Also,
Public Works has their facility there and they are underneath the Causeway all the time, and
so the Public Works will be monitoring it as well. The cameras have already been bought
and paid for with Police forfeiture money and so it is not costing any taxpayers money and
Summary Minutes: Regular City Commission Meeting May 19, 2011
City of Sunny Isles Beach, Florida
the monitoring of it will be done at the Police Station where they are monitoring all the other
areas that have cameras.
Mayor Edelcup said when Heritage Park opens there are a lot of children in Golden Shores
that will want to get to Heritage Park because it has a playground area, water features,
programs for the youth, and it is going to bring a lot of people to your street that want to have
access into Heritage Park whether they go through the little Pocket Park or around the wall
they will still come. Mayor Edelcup said any person that lives here has a right to use all the
facilities and parks within our City, as well as the tourists. He also noted that the City is in
the process of getting ID cards, and every resident should come in and get their pictures taken
and given an ID card.
Marianna Talalaevsky reminded the Commission that one of the reasons for the opening was
to make sure it was a safe walkthrough because originally it was not in the plans. Otherwise
the children would have to go out to Collins Avenue to get to the Park with heavy traffic
coming in from the Causeway as well. Safety was our biggest concern. Commissioner
Aelion said that Golden Shores has only one main entrance, and he also noted the Citizen's
Watch.
Mayor Edelcup said it is also a good reminder that when we have public hearings and are
about to build something new, that all the residents take a part in it because afterwards it
becomes very awkward as we are finding out with this or with the Skateboard Park. In every
instance we have public hearings and we listen to the people at those hearings and make our
determination on what we have heard at those meetings, and we can't really come back six
months or two years later and say we didn't realize what we were approving and then go
through this whole thing again, or we will never get anywhere with the City and its Capital
Improvements. In addition to the survey, we should have our Police Department make a
determination as to their opinion as to how they view the children's safety going either
through that back gate or around the wall and underneath. Ms. Simpson said the basketball
court would be open after school from 3:00 p.m. to 8:30 p.m., similar to the Skateboard Park.
Ms. Spillane asked if the homeowners or the residents will complete the survey, and Mayor
Edelcup said all the residents, it doesn't matter if you own or rent because they are the people
utilizing the facilities. City Attorney Ottinot asked about the survey, and Mayor Edelcup said
to discuss and formulate it at the next Workshop.
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 7:55 p.m.
Respectfully submitted by: Approved by the City Commission on June 1 P, 2011
Jane A. Hines, CMC, City Clerk N man S. Edelcup, Mayor
Preview
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
Page 1 of 1
TO: The Honorable Mayor and City Commission
FROM: Jane A. Hines, CMC, City Clerk
DATE: 6/15/2011
RE: Summary Minutes for the May 19, 2011 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the May 19, 2011 Regular
City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
. Summary Minutes
http: / /sibagenda.sibfl.net/ agenda / Preview. aspx? ItemID = 509 &MeetingID= O &MeetingDate =... 6/2/2011