HomeMy WebLinkAbout2012-0510 Regular City Commission MeetingSUMMARY MINUTES
Regular City Commission Meeting
Thursday, May 10, 2012, 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 Alan J. Cohen
Vice Mayor Lewis J. Thaler Deputy City Attorney Fernando Amuchdstegui
Commissioner Isaac Aelion Asst City Manager /Finance Minal Shah
Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC
Commissioner George "Bud" Scholl
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Gil Dezer led the Pledge of Allegiance to the flag, and City Historian Richard C.
Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum. City Attorney Hans Ottinot is out of
town.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting —April 19, 2012.
Action: Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to
approve the above Summary Minutes. The motion was approved by a voice vote of
5 -0 in favor.
4. ORDER OF BUSINESS ( Additions /Deletions /Amendments)
4A. Request to Hear Items: Revisions: Item 10C. Acoustic Engineering Services for Skate
Park; Item 10D. Design & Permit Services for Intracoastal Parks; Add -On: Item 10L.
Request by Mansions at Acqualina of Mural for Construction Fence; Item 10M.
Approval of TDRs for Porsche Project; Item 12A. Discussion re: Mural for Construction
Fence for Mansions at Acqualina; Item 12B. Discussion re: Mural for Construction
Fence at Gateway Park.
Action: Mayor Edelcup noted the above changes to the agenda.
Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve
the above changes to the agenda. The motion was approved by a voice vote of 5 -0 in
favor.
Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
5. SPECIAL PRESENTATIONS
5A. Introduction of the Winners of the Sunny Isles Beach College Scholarship Program of
2012; and Presentation to First Generation Scholarship Winners.
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 deserving students
monies towards their college tuition and is funded through the interest from forfeiture
funds. Mayor Edelcup introduced the recipients of the College Scholarship Program:
Mark Fridman, David Schiumerini, Stephanie Bensadoun, Skylar Henry, Laura Mayor
and Kelsey Roman of Sunny Isles Beach, and Samantha Iglesias of Golden Beach.
Sveatoslav Gleanco also won an award from the Kiwanis Club of Sunny Isles Beach.
Mayor Edelcup said the students who were awarded the First Generation Scholarships are
residents of Sunny Isles Beach and attend Florida International University (FIU) and the
City partnered this year with FIU to give them scholarships. He introduced Jan L.
Solomon, Director of Development of FIU, who thanked the Commission and said this is
the first year of giving these First General Scholarships to Sunny Isles Beach residents
attending FIU and are first generation in their family to go to college to get a college
degree, and so it means a lot to the students. She also thanked Vice Mayor Thaler and the
Norman S. Edelcup Sunny Isles Beach K -8 for their participation in making these
scholarships available. She introduced the following students and their families who
came up to accept a $1,000.00 Scholarship Certificate from Mayor Edelcup and the
Commission: Michael Vasconez, Natalia Orrego, Zahra Arbabi Aski, Yulia Sibley, and
Ashley Abed. She also announced the following winners who were not here tonight:
Stephen Azulis, Katherine Sanchez, Shir Yaakov, Michael Larrance, Claudia Sanabria,
and Steven Azulis.
All of these students demonstrated excellence both academically and in community
services.
5B. A Proclamation Declaring the Month of May 2012, as "Civility Month" in the City of
Sunny Isles Beach.
Action: Mayor Edelcup read the Proclamation into the record, and noted that City Clerk
Hines will mail it to the City, County and Local Government Law Section of the Florida
Bar.
5C. A Proclamation Declaring May 25, 2012, as "National Missing Children's Day" in the
City of Sunny Isles Beach.
Action: Mayor Edelcup read the Proclamation into the record, and noted that City Clerk
Hines will mail it to the National Center for Missing & Exploited Children.
Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
6. ZONING: ZONING HEARINGS ARE QUASI - JUDICIAL PUBLIC HEARINGS.
6A. Request of Porsche Design Tower Miami for Property Located at 18555 Collins
Avenue, for the Following: (Hearing #Z2012 -06)
The Applicant is requesting a modification of the approved site plan to increase the size
of condominium units by purchasing additional development rights under the City Code.
All other aspects of the approved site plan will remain the same.
1. Pursuant to Section 265 -18(I) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the following modifications to an approved
site plan pursuant to Resolution No. 11 -Z -123;
a) Pursuant to Section 265- 35(D)(9) of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting approval to increase Floor
Area Ratio from 500,039 square feet to 543,887 545,260 square feet.
2. Pursuant to Section 265 -23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to transfer 15,000 square feet of
development rights and seven (7) units as part of the modified site plan. An
adjustment to be made for a decrease of 15,000 square feet and seven (7) units from
the City's Transfer of Development Rights Bank or TDR bank accounts designated
for private owners.
Protests 0 Waivers 0 Ex Parte 0
Action: [City Clerk's Note: The Applicant reduced the amount of square feet requested,
from 545,260 to 543, 887. ] Mayor Edelcup gave opening remarks on zoning
procedures /decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and
administered the oath to witnesses. City Planner Claudia Hasbun reported that the
applicant Gilco Realty LC is requesting a modification of the approved site plan to
increase FAR from 500,039 sq. ft. to 543,887 sq. ft., and that the City has no objections as
the request is consistent with the Land Development Regulations and with the
Comprehensive Plan.
Public Speakers: Warren Stamm, Esq.; Charles Sieger; Gil Dezer
Warren Stamm, Esq. representing Gilco Realty LC and 18555 Developers LLC, said their
request is two -fold; 1) an increase in the FAR from 500,039 to 543,887 545,260 square
feet which is consistent with the City's LDRs; and, 2) a transfer of 15,000 square feet
development rights and seven (7) additional units on an as- needed basis. They are not
seeking to modify the existing footprint of the building, this request is for interior
modifications if needed.
Charles Sieger, Architect, said they concur with staff. The overwhelming demand for
certain unit types in the building obviated the two -story units that had two -story living
rooms, and so when they changed unit types within the building, it added square footage.
They went from two stories with volume to flats, and the living rooms increased the area.
The rest of the project is the same.
Mayor Edelcup clarified that the envelope of the building did not change, what happened
was that the two -story living rooms have now been divided into two separate rooms thus
increasing the amount of FAR required, and nothing else has changed.
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
Gil Dezer said everything is the same, they have been sitting down with prospective
buyers who have been telling them that people do not want two -story apartments. Since
they have not started construction yet, they have the ability to change it, and so they are
coming back to the City to buy extra square footage to fill in that double height volume.
They kept about 26 of these two -story apartments but had almost 50% of the building like
that and so they shifted it down to 20% of the building.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion for approval,
subject to staff conditions. Resolution No. 12 -Z -129 was adopted by a roll call vote of
5 -0 in favor.
Vote: Commissioner Aelion yes
Commissioner Gatto�es
Commissioner Scholl yes
Vice Mayor Thaleres
Mayor Edelcup�es
[City Clerk's Note: Mayor Edelcup asked Elena Baronoff to give an update on the Sister
City Program. See action under Item IOA. The Commission then heard Item IOM.]
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Chapter 22 of the Code of Ordinances of the City of Sunny Isles Beach
Entitled "Departments "; Providing for the Renaming and Integration of Certain City
Departments; Providing for Severability; Providing for Repealer; Providing for Inclusion
in the Code; Providing for an Effective Date.
Action: [City Clerk's Note: Heard after Item IOM.] City Clerk Hines read the title, and
City Manager Cohen reported that this is a housekeeping item. Departments are
officially named in the City Code, and the last time the Commission named departments
was in 2006. Since that time a number of departments have merged and /or eliminated.
This reflects that in part, also changing some language ie. Department of Finance instead
of Finance Department.
Public Speakers: None
Commissioner Aelion noted that the City Manager was going to provide a more detailed
line up of the Community Development Department and Cultural and Community
Services, and City Manager Cohen said the Commission received an updated
Organization Chart which shows each Department with divisions, and what each
Department does. Commissioner Aelion said the only concern was the gray area that
might fall between the two Departments.
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call
vote of 5 -0 in favor. Second reading /public hearing will be held on June 21, 2012 at
6:30 p.m.
Vote: Commissioner Aelion Yes
Commissioner Gatto yes.
Commissioner Scholl yes
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
Vice Mayor Thaler yes
Mayor Edelcup yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Chapter 265 "Zoning" Section 265 -37 "Town Center Zoning District" to
Clarify that Commercial Jet Skis and Personal Watercraft Launching Facilities are
Conditional Uses Within the Town Center Zoning District; Providing for Repealer;
Providing for Severability; Providing for Inclusion in the Code; Providing for an
Effective Date and Applicability.
Action: City Clerk Hines read the title, and Deputy City Attorney Amuchastegui
reported the purpose of this Ordinance is to clarify the commercial jet skies launching
facilities is a conditional use within the Town Center Zoning District. City Staff believes
commercial jet skis and personal watercraft launching facilities in this District may be
disruptive not only to the neighboring residential areas but also to the environmentally
surrounding areas. As such they should be considered carefully as a conditional use
requiring City Commission approval.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of
5 -0 in favor. Second reading, public hearing will be held on Thursday, June 21,
2012, at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Gatto yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup Xes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
Sitting in as the Local Planning Agency and the City Commission to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9A.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending
Section 265 -25 of the Land Development Regulations to Require a Nonrefundable Deposit
of Ten Percent (10 %) for the Purchase of Bonus Units Within Certain Zoning Districts,
Attached as Exhibit "A "; Providing for an Effective Date.
Action: [City Clerk's Note: Items 9A.1 and 9A.2 were heard together.] City Clerk
Hines read the title.
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. LPA Resolution No. 2012 -70 was adopted by a voice vote of 5 -0 in favor.
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
9A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 265 -25 of the Land Development Regulations to Require a
Nonrefundable Deposit of Ten Percent (10 %) for the Purchase of Bonus Units
Within Certain Zoning Districts; Providing for Zoning in Progress; Providing for
Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for
an Effective Date and Applicability.
(First Reading 04/19/12)
Action: City Clerk Hines read the title, and Deputy City Attorney Amuchastegui
reported.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the
ordinance. Ordinance No. 2012 -385 was adopted by a roll call vote of 5 -0 in favor.
Vote: Commissioner Aelion yes
Commissioner Gatto yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup yes
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Chapter 62 of the City Code to Increase the City Manager's General
Expenditure Authority to Enter into Purchases of, or Contracts for, Materials,
Supplies, Equipment, Improvements or Services for Purchases Up to $25,000.00;
Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code;
Providing for an Effective Date and Applicability.
(First Reading 04/19/12)
Action: City Clerk Hines read the title.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to adopt the
ordinance. Ordinance No. 2012 -386 was adopted by a roll call vote of 5 -0 in favor.
Vote: Commissioner Aelion yes
Commissioner Gatto yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup yes
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Establishment of a Sister City Relationship with the City of
Taormina, Italy; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: Assistant Cultural and Human Services Director Sylvia Flores reported.
Public Speakers: None
Mayor Edelcup introduced Elena Baronoff, our International Ambassador, and asked her
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
to give an update on the Sister City Program. Ms. Baronoff thanked the Commission for
their help with the Sister City Program. We had a great response from the Italians of
Sicily, the Delegation of four people who came to Sunny Isles Beach including the Vice
Mayor and two Commissioners. The City agreed on becoming twin cities, and a
delegation from the City will go to Sicily in August for a formal signing, and then they
will come next year for a formal signing here in Sunny Isles Beach. The other City is
Trouville de Sur, France, they had not responded to her as they just finished with an
election. They will try to visit here before September.
Mayor Edelcup thanked Ms. Baronoff for bringing our proposed Sister City to us and for
all the work that she and the Dezer organization did, and for the other developers that
helped make last week a very memorable week for the people that were here from Sicily.
He said they were very pleased with our City and a lot of that is due to your good selling
efforts. Ms. Baronoff gave Mayor Edelcup a few newspapers from Sicily.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012 -1902 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,
Approving the Award of RFP No. 12 -03 -02 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 $35,138.25, 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 Cultural and Human Services
Director Sylvia Flores reported noting that it is the same caterer that we used last year.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012 -1903 was adopted by a voice vote of 5 -0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Approving the
Award of RFQ No. 12 -04 -03 to and Authorizing the City Manager to Enter into an
Agreement with Stanley Consultants, Inc., Provided that the Agreement is Reviewed
by the City Attorney for Form and Legal Sufficiency, to Provide Acoustic Engineering
Consulting Services for Town Center Skate Park, in an Amount Not to Exceed
$50,000.00; Authorizing the City Manager and the City Attorney to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: A revised Resolution and Cover Memo were distributed prior
to the meeting.] City Clerk Hines read the title, and City Manager Cohen reported that
this is a budgeted item in the Capital Improvement Program. He noted he had handed out
an assessment prepared by our new City Engineer Helen Gray of the two firms that
submitted responses to the RFQ.
Public Speakers: None
Commissioner Aelion said that studies have been performed on the matter by the City at
an expense, and he would ask that the City Manager incorporate within the $50,000 the
Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
already known data and reports from the previous engineer that was hired for the same
purpose. City Manager Cohen said that we will be providing the consultant with all the
work to date.
Mayor Edelcup asked if that consultant could also comment on the first consultant's
report, if he agrees or disagrees, and City Manager Cohen said that would add to the
scope of the project but perhaps we can get them to comment on it, and he is sure they
will want to collect their own field data for verification purposes. Mayor Edelcup said if
there should be any different conclusions, that they would explain why that conclusion is
different from the conclusion previously reached so that we can all understand the
thought process. Vice Mayor Thaler said we all understand that we don't want to go over
the $50,000.
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012 -1904 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 Award of RFQ No. 12 -04 -04 to and Entering into an Agreement with
Calvin, Giordano and Associates, Inc. to Provide Design and Permitting Services for
Intracoastal Parks, in an Amount Not to Exceed $67,318.13, in Substantially the Same
Form as Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager and the City Attorney to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: A revised Resolution and Cover Memo were distributed
prior to the meeting.] City Clerk Hines read the title, and City Manager Cohen reported
that this is also part of the Capital Improvement Program for this year. We do not have a
report from our City Engineer on this project because she was conflicted out as she had
done work with one of the six firms that submitted for the project. A Committee looked
at this comprised of the City Manager, Public Works Director Wade Sanders, and
Procurement Officer Marcanthony Tulloch, and the unanimous opinion of the Committee
was that Calvin, Giordano and Associates (CGA) provided by far the most
comprehensive response and we have since met with them. This does not include
redesigning, they are very aware of the work we have done, their price was reduced in
part because of some of the very specific work that staff has done to date on this. CGA
will be doing drawings to verify for the Commission that the direction they are going in is
in fact correct including infrastructure such as water fountains, conduits for electric, etc.
The lion's share of what CGA is doing is preparing construction documents and then
guiding us through the construction phase of this project.
Public Speakers: None
Mayor Edelcup said before you go too far with CGA he would hope you would come
back to the Commission to make sure that nothing gets into their report that is greater
than what we already determined how we want that park. It is very important that we get
off on the right foot with CGA even if they have to meet with each of the five
Commissioners. What we want is a very simple park with no elaborate trimmings. City
Manager Cohen said that was made very clear to staff during the Agenda Workshop, and
when we met with CGA we made that point crystal clear with them.
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
Vice Mayor Thaler said this amount is excessive, $67,000 on top of everything that we
have done, we have already put a part of that complex out, and we used our own staff.
Now we are going to spend $67,000 for something that our staff already did part of. He
just received the whole breakdown tonight and he did not have the chance to go through
it, but he was not thinking at all of coming in with even close to $67,000 on this program.
He thinks we should go back and look at it and see if there is an excessive amount of
items in here that we can do in -house rather than go outside. City Manager Cohen said
his points are well taken which is why when they met in negotiations with CGA
yesterday a number of items were taken out that we felt we could do in- house. The City
Manager clarified that the lion's share of the work being performed is engineering for the
preparation of construction documents and all the specifications that go into it, that we
feel we need to farm out. Our staff did a very good job of preparing the initial renderings
to give a conceptual idea of the park, but in order for us to let this project out for actual
construction, we do need these engineering drawings.
Vice Mayor Thaler said he thought we did the first part ourselves, and Commissioner
Scholl said we just planted grass. Mayor Edelcup said we did more, we had a dock that
was previously the Castaway Boat Docks that had to be knocked down and the ground
had to be filled in. He noted that we are talking about the Oceania Park, which was done
by our own staff without any outside engineering firm or outside consultants. All we said
to our Public Works people was to build us a park, fill in what used to be a dock area and
put some grass there, get the wall built which again our people were partly responsible
for doing, and we did it all in -house without any outside consultants doing anything.
Mayor Edelcup further said this was nothing more than a few more pieces very similar to
that, and probably somewhat easier because in this particular case we are not worrying
about covering up boat docks. He said he agrees with Vice Mayor Thaler but to get this
project done he is willing to live with spending the money but he feels it is needless.
Commissioner Aelion said he doesn't know the urgency of the execution of this but if a
month is not something that would be too prohibitive, then it would not be a bad idea,
and maybe the Vice Mayor, CGA, and the City Manager can have a sit down and we can
table this for the next meeting. Commissioner Aelion said that the City Manager was
very specific on the price and so he must have done due diligence as to the cap.
However, in order to eliminate any doubt in the minds of the Commission, Commissioner
Aelion thinks it is a good idea to go through the numbers.
City Manager Cohen said regarding any sense of urgency, the staff has our urgency
simply predicated on policy that was presented to us. He said it is up to this Commission
to say whether or not you want to delay the project. He said to please keep in mind if you
do bring the project in later that we are held accountable for the later deadline. Mayor
Edelcup said he was thinking that we could have accelerated this project by having Public
Works do it, and City Manager Cohen said we did not have in -house capability to do the
project. Mayor Edelcup said we still have the same people that we had before, and City
Manager Cohen disagreed.
Amy Cooke, Director of Landscape /Architecture at CGA, said this project involves
Electrical Engineering for some lighting, Structural Engineering for the wall and fencing,
and for the permitting Environmental Services as well as Landscape Architecture and
Civil Engineering work. City Manager Cohen said there is also approximately 2,500 feet
Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
of seawall that we want to inspect before we invest more to make sure it is sound and
then make any necessary repairs. There is also some significant structural work with the
type of wall /fencing that we discussed at the last Commission meeting.
Commissioner Aelion said you may very well come back to us with this point that the
seawall needs to be addressed, or you may come back to us and say it is a new added
figure, a new added cost, etc. He further said we should have a feel of what is more or
less required to finalize the ceiling. City Manager Cohen said the only way to do that is
to authorize a separate contract for the seawall inspection, and that we could move
forward with that if the Commission so chooses. Commissioner Scholl said he just wants
to get it done, he doesn't want to come back next month and then find out that we are
going to do it anyway and then we wasted a month. Mayor Edelcup said that our in-
house staff could have done this entire project and we could control the destiny of that
project with our own people. He doesn't like the approach we used to get there, when our
own people are capable of doing this job. He said we have had Ari Steiger who is here in
the audience, planting the grass on those sites and he doesn't seem to have had any
problems in getting the ground level, getting the grass in, and that the seawall hasn't
fallen in while he has been doing it. The Mayor said that procedurally we are making a
lot of work where work wasn't needed.
Commissioner Aelion said the seawall can be very cost prohibitive and cited the example
at Winston Towers, where they are in the process of evaluating this by an engineering
purveyor and they have about 300 linear feet of seawall. Here, you are looking at over a
million dollars to address this issue, and so it could become very cost prohibitive.
However, this is a park not a building and so he doesn't think the seawall should be a
concern.
Vice Mayor Thaler said he would make a motion to table it and to look at it so we have a
chance to understand what we are spending $67,000 on. Commissioner Scholl said it is
$20,000 on a landscape architect, and the rest is surveying and engineering. Vice Mayor
Thaler said that we may decide during the month that we don't need a landscape
architect. Commissioner Scholl said to put it into context, we have spent over $14
million dollars on the land collectively. He said that he hates to delay things when they
are going to come back and say that for the permitting process, because they are going to
put in a trail, build a wall along the seawall, etc. Commissioner Scholl said he assumes
that all of that has to be engineered, and he is guessing that is what is in these fees.
Commissioner Scholl said our engineer was conflicted out, and Mayor Edelcup asked
how the engineer can be conflicted out on our own project. City Manager Cohen
clarified that our engineer was conflicted out on the selection of CGA, they can work on
the project, but the work that our staff did was mostly the construction work. Mayor
Edelcup said we agreed when we decided to go with increasing the staff that they would
take on these major projects, otherwise why should we hire a City Engineer? City
Manager Cohen responded that the Engineer that we hired might be able to do a good
amount of this work but if you have an Engineer in -house take on a project of this
magnitude, then that is going to slow up the rest of the Capital Improvement Program.
The Trojects he is working on and transitioning over to our new Engineer include the
183' Street Project, 174t1i Street Project, and the Bella Vista Bay Park Project. Mayor
Edelcup replied they are not priority items as we still do not have permits for 183rd Street,
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
and regarding the 174th Street project we are still arguing about getting easements.
Mayor Edelcup inquired what our Engineer is doing while she is waiting for some of
these other things to get done. Mayor Edelcup said if staff would have been more open in
discussing with the Commission the capabilities of our own people that we could have
gotten this done in- house, and a lot of the money that we are spending for these particular
engineers, is work that can be done by our own people. He said we don't need a
landscaping engineer to tell us what kind of trees we are going to plant when we know
we are putting Medjool Palms up and down the whole front of it, and we know we are
going to put in Royal Poinsettias. Again, we are not accomplishing the goal that he
thought we were accomplishing when we added on additional staff to get work done by
our own people and not relying on outside sources.
Commissioner Scholl said either we direct staff to do it in -house or we vote on this.
Mayor Edelcup said if we hire an engineering firm to come up with what they are coming
up with then who is actually going to perform the work afterwards? Are we going to hire
another outside firm or are we going to use our own staff? Additionally, we have not
been told at this point how that is going to work, and we don't have enough information.
Vice Mayor Thaler said we should defer. Mayor Edelcup said if we have a chance to do
a workshop maybe we can convince staff that this can be done in- house. It is a good test
project for our people to show what they can do. It is not a complicated project but it will
be a very beautiful project when it is done, and something that they can look at with
pride.
City Manager Cohen said that staff welcomes the opportunity to have that conversation
but just to be clear, our organization capacity is still limited. We hired a Civil Engineer,
however she is not an electrical engineer, nor is she a landscape architect, and so there are
disciplines that she does not have expertise in. Again, we can bring work in -house but
that will take time away from other projects, and we can have a more focused project and
what those specific projects are when we sit and have that meeting. Mayor Edelcup said
we can do it in a workshop, but here it is loud and clear that a number of us would like to
see this done in- house, not with outside people, now that we have the inside people hired.
Otherwise he would be on the same side as Commissioner Scholl. We have no need to
hire these people if we are not going to use them for these projects, and so Mayor
Edelcup entertained a motion to defer. He would like representatives from Public Works
and Engineering to be at the Workshop to find out if they will sign on to certain parts of
this project, and then we will know what can be done in -house and what we have to
contract out. We can schedule a Workshop and whether it is the Agenda Review
Workshop, we need to do it before we are sitting here formally again.
Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to defer this
item to June 21, 2012. The motion was approved by a voice vote of 5 -0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Chief of Police, in Accordance with Section 932.7055, F.S. to Expend
$28,252.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, for
Purchase of Task Force Computer Tablets, Community Policing Items, and the
2013 Sunny Isles Beach College Scholarship Program; Providing for an Effective
Date.
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve
the resolution. Resolution No. 2012 -1905 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 the First Amendment to Agreement with Action Labor Management
d /b /a Staffing Connection for School Crossing Guard Services, in an Amount Not to
Exceed $112,914.00, 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 Police Captain Michael Grandinetti reported
noting that this is a renewal for the same amount of money. Commissioner Aelion said
the Police Department is doing a phenomenal job together with the Crossing Guards.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2012 -1906 was adopted by a voice vote of 5 -0 in favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the First Amendment to Agreement with A & A Drainage & Vac
Services, Inc. for Storm Water Catch Basin Cleaning & Line Jetting Services, in an
Amount Not to Exceed $58,260.00 $49,260.00, 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 Public Works Director Wade Sanders
reported noting that we are one of several municipalities operating under the National
Pollution and Discharge Elimination System. This is a renewal, we have 539 stormwater
catch basins in the City and last year we only serviced 448 which gives us an additional
91 that we will service under this contract. Also we are asking for a video of 200 linear
feet of storm drain line in order to see what damages we have in the piping. City
Manager Cohen said in the last couple of days, he and the City Engineer have been riding
around the City and looking at how our catch basins are performing, and have identified a
couple dozen areas that we would like to further investigate to see whether or not we
have any problems with the pipes underground, and so they will like to add another 2,400
feet to this amount of which is an additional $9,000 for a total revised amount of $58,260.
Public Speakers: None
Commissioner Aelion said the efficiency is relative to the actual slope, and so he thinks
that particular side of the inspection should be looked at, and he asked if the pipes are
PVC or cement pipes. City Manager Cohen said some are cement and some are
corrugated, and the corrugated ones are not holding up very well. We saw an example of
that in front of the Arlen House where the pipe actually collapsed which caused a
sinkhole to develop in the roadway. He further said we want to see what condition they
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
are in and whether or not there have been any collapses that we are not aware of that
would lead to further stoppages.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution, as amended. Resolution No. 2012 -1907 was adopted by a voice vote of 5-
0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the First Amendment to Agreement with Unique Charters for
Transportation Services -Motor Coach Rental, in a Total Amount Not to Exceed
$50,000.00, Attached Hereto as Exhibit "A "; with American Coach Line of Miami as
the Alternate; 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 Cultural and Human Services
Director Sylvia Flores reported.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012 -1908 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 the Assignment of Transfer of Development Rights ( "TDRs ") for 127,737
Square Feet and 50 Corresponding Residential Units from Sunny Isles Property
Holdings, LLC ( "SIPH ") to Sunny Isles Beach Associates, LLC ( "SIBA "); 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 Deputy City Attorney Amuchastegui
reported noting that both parties have agreed to waive any claims against the City arising
from the transfer, and as a point of clarification, the assigned TDRs were part of the
Paramount Zoning approval.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012 -1909 was adopted by a voice vote of 5 -0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement between the City and La Perla Condominium Association,
Inc. for Temporary Use of Their Property Located at 16699 Collins Avenue, to Facilitate
Construction of the Newport Pier, in Substantially the Same Form as Attached Hereto as
Exhibit "A "; Authorizing the Mayor to Execute Said Agreement; Authorizing the City
Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Cohen reported that this is an
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
agreement worked out with several representatives from LaPerla Condominium to use a
piece of their private property to facilitate the reconstruction of the Newport Fishing Pier.
This agreement is what they have tentatively arrived at and are asking the Commission to
move forward with. He noted that the rest of the Board was not entirely pleased with this
agreement and had decided to retain counsel. We anticipate meeting with them next
week to discuss other issues that they have regarding Pier Park, we may have to tweak
this agreement. If there are substantial changes then we will hold off on this and bring
you a new agreement next month.
Public Speakers: None
Mayor Edelcup said if we get bogged down then he thinks we ought to look at other legal
approaches to getting the work accomplished. Commissioner Scholl said he met with
them along with the City Manager and he felt they were being pretty reasonable because
we are not asking for a lot but this is the latest wrinkle. He said that he will stay involved
because traditionally we have been able to work out with them a number of amicable
things over the years. Mayor Edelcup said he will turn over the list of questions to him
that he received today, and it sounds more like an adversarial role than a cooperative role.
He doesn't want the Pier project to be held back and there may be other legal approaches
to get this resolved. Vice Mayor Thaler asked what has changed and why do we need to
use their property, and Commissioner Scholl said for a staging area for certain pile
placement that is one foot and nine inches from the edge of their property. Mayor
Edelcup said that they are still trying to get those 29 parking spaces in Pier Park
eliminated.
City Manager Cohen said that some of the representatives of LaPerla want to work with
the City, and they do not want to hold this project up. There is a difference of opinion in
the body and we hope to work with them to come up with an amicable solution.
Commissioner Aelion said it is all about property value and so it is definitely
advantageous for them to approach the issue with the possible elimination of the parking,
and Mayor Edelcup said we will never do that and that item can never be put on the table.
Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve
the resolution. Resolution No. 2012 -1910 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 the First Amendment to Agreement with Beiswenger, Hoch and
Associates, Inc. (BH &A), to Provide Post Design Services for the Sunny Isles Beach
/Newport Fishing Pier, in an Amount Not to Exceed $11,337.50, Attached Hereto as
Exhibit "A "; Authorizing the Payment of $10,000.00 as the City's Contribution for
Revision to Plans for Restaurant Area; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Cohen reported that there are
two components to this request. We have an agreement with BHA that we are asking for
an increase to it. There is also a separate contract between BHA and Dr. Cornfeld which
we had discussed and agreed to cover 25% of the cost of that contract. The Dr. Cornfeld
contract is driven primarily, but not exclusively, by changes that Dr. Cornfeld requested
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
for the interior structure, and we piggybacked on that and asked for additional changes.
The $11,337.50 is primarily being driven by changes imposed upon us by permitting
agencies.
Public Speakers: None
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve
the resolution. Resolution No. 2012 -1911 was adopted by a voice vote of 5 -0 in favor.
IOL. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the Request Submitted by LPLA Partners, LP., Commonly known as The
Mansions at Acqualina, to Install a Mural on the Construction Fence Located at
17749 Collins Avenue; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Distributed prior to meeting. See additional action under
Item 4A.] City Clerk Hines read the title, and City Planner Claudia Hasbun reported.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012 -1912 was adopted by a voice vote of 5 -0 in favor.
10M. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Transfer of Development Rights on a Contingency Basis (TDRs) in
the Amount of 15,000 Square Feet of Floor Area and Seven (7) Units to Gilco
Realty, L.C. A/K/A 18555 Developers, LLC for the Property Located at 18555
Collins Avenue from the City's TDR Bank Account; Directing the Zoning
Administrator or Designee to Transfer the TDRs from the City's Bank Account in
Accordance with Zoning Resolution No. 12 -Z -129; Authorizing the Adjustment and
Modification of the City's TDR Bank; Providing for Waiver of Initial Deposit and
Nullification; 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: Distributed prior to meeting. Heard after related Item 6A.]
City Clerk Hines read the title, and City Planner Claudia Hasbun reported.
Public Speakers: Gil Dezer
Gil Dezer said this extra 15,000 square feet would fill up the other 26 holes that we have
in duplex ceilings if they need to go that route. They may not use it, but if they do they
have already set a price, they have already set terms, and are ready to roll with the City if
they go ahead and decide to change the building to all one -floor apartments.
Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve
the resolution. Resolution No. 2012 -1913 was adopted by a voice vote of 5 -0 in
favor.
[City Clerk's Note: Item 7A was heard after this item, and the remainder of the agenda
was heard in order.]
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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Add -On:
Discussion of Mural to be Installed on the Construction Fence at Chateau Beach,
17475 Collins Avenue.
Action: [City Clerk's Note: Distributed prior to meeting. See Item 4A for additional
action.] City Manager Cohen reported noting that this item and the following Item 12B
were discussed at the Workshop on May 9, 2012. According to the City Attorney, we
already gave conceptual approval during the Site Plan, and he just wanted the
Commission to see the aesthetics of it.
12B. Add -On:
Discussion of Mural to be Installed on the Construction Fence at Gateway Park.
Action: [City Clerk's Note: Distributed prior to meeting. See Item 4A for additional
action.] City Manager Cohen said he wanted the Commission to see this and to get some
feedback which they did at the Workshop regarding the text component of it and they
will be making updates including adding Vice Mayor Thaler's initial of "J ", as well as
alphabetizing the names, adding the City Seal, and adding language for a granting agency
that contributed to the purchase of one of the parcels.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Roberto Ortiz, Atlantic Isles Civic Association President, said he has a two -year old
daughter and he sees a lot of kids playing in the streets, and the rainy season is here, and
he doesn't know if the City has anything for mosquito control but the mosquitoes are
brutal at this time. Mayor Edelcup said years ago the County used to come by and he
hasn't seen that mosquito abatement has been a problem for years and so he hasn't seen
the County out there. Commissioner Scholl asked if it was mosquitoes or no- seeums and
Mr. Ortiz said both. Commissioner Scholl said we get no- seeums at dusk and during the
day that come out of the Park which we can't do much about. Mayor Edelcup said
maybe we can ask Public Works Director Wade Sanders to look into it and see if they can
come up with a possible solution.
13B. Keith and Fang Oliver: Keith Oliver said as a property owner here, he thanked the
Commission for a great job as to the direction that the City is going in. He said on behalf
of the Taiwanese Chamber of Commerce, they would like to offer a 5' x 8' flag that was
flown over the U.S. Capitol through the office of Congresswoman Debbie Wasserman
Schultz to represent the Taiwanese Chamber of Commerce. Being that this is "Asian
Pacific American Heritage Month" they brought it up now to offer the flag to the City for
the Intracoastal Parks, as some of the Commissioners have spoken about making a
Community Park where different organizations can contribute things to the Parks whether
it is a bench, a gazebo, or plants. They would also like to offer the City a row of plants
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Summary Minutes: Regular City Commission Meeting May 10, 2012
City of Sunny Isles Beach, Florida
for some of the Parks. He knows that Gateway Park will have Butterfly Host Plants and
one of the plants that he and his wife have researched. Being members of the Butterfly
World in Coconut Creek, they have spoken to those owners about bringing some of their
expertise down here as to certain plants that have beautiful flowers that are drought and
salt resistant. One of those is the Passion Flower which is a beautiful vine that would
grow on the northern end where you already have a trellis type. It would fill in that trellis
and it grows 3" to 5" purple or dark red flowers that would grow year- round. If there is a
Workshop, they would like to participate.
Mayor Edelcup thanked them and suggested to coordinate it with City Manager Cohen.
Mayor Edelcup said if they would like to make a donation of plants that would be fine.
He also asked if we can arrange for a flag pole area somewhere in the Intracoastal Park
System where we could perhaps place the flag. Mayor Edelcup remarked that since we
already have a flag at the Oceania Park, maybe we could put this one at the southern end
of the Park.
Vice Mayor Thaler said this is the second time they are volunteering, as they are the ones
who previously volunteered the butterfly concept and plants.
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 7:50 p.m.
Respectfully submitted by:
Jane A. Hines, CAC, City Clerk
Approved by the City Commission on June 21,
2012
Nolsman S. Edelcum Ma
17
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
6/21/2012
Summary Minutes for the May 10, 2012 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the May 10, 2012 Regular
City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Summary Minutes
Agenda Item No. WnDate 6/21/2012
7