HomeMy WebLinkAbout2012-1018 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, October 18, 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 Christopher J. Russo
Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot
Commissioner Isaac Aelion Asst City Manager/Finance Minal Shah
Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC
Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE/INVOCATION
Action: Former City Commissioner Gerry Goodman 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/1st Budget Hearing FY 2012/2013 — Sept. 7, 2012.
Action: Commissioner Scholl moved and Vice Mayor Thaler 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—September 20, 2012.
Action: Commissioner Gatto moved and Commissioner Scholl seconded a motion to
approve the above mentioned Summary Minutes. The motion was approved by a voice
vote of 5-0 in favor.
3C. Special City Commission Meeting/2"d Budget Hearing FY 2012/2013 —Sept. 27, 2012.
Action: Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-
0 in favor.
Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Revised: Item 10B. Approval to Expend DOJ Funds; Item 10G.
Page 3 re:TDRs Accounts;Add-On Items:Item 5F.Proclamation re:Homeless Awareness
Day; Item 10H.Resolution Approving a Lump Sum Pay Increase to Chief Maas; and Item
101. Resolution Donating $5,000 to K-8 School Scholarship Program.
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.
5. SPECIAL PRESENTATIONS
5A. A Presentation to the Sunny Isles Beach Dragon Boat Race Team.
Action: Mayor Edelcup said the Dragon Boat Event that took place at Haulover was a
tremendous success,and he hopes it is one of those events that our residents can take part in
every year. Chief Maas presented a short video created by our videographer Mike Tribby on
his own time in support of the City's Dragon Boat Race Team practicing and winning the
race for their Division. He noted that these members practiced for 3 months every Sunday.
He recognized Sgt.Bobby Randazzo for Marine Patrol services making sure that everybody
was safe. He called up the team members and Captain Dwight Snyder presented medals to
each team member: Joseph Alvarez,Milagros Antela,Lee Athanasiou,David Barrios,David
Blanco, Sandra Block, Yasminia Essabba, Fernanda Gonzalez, Claudia Hasbun, Desiree
Liguori, Roy Ortiz, Marline PierreSaint, Michael Quesada, Sharon Ragoonan, Darya
Yeroshova, Michael Fiorey; Agustina Graddick, Justin Broman, Fernando Amuchastegui,
Jorge Hasbun,and Johnson Ng. Chief Maas,on behalf of the Team,presented their trophy to
the Commission for display at Pelican Community Park. Assistant City
Manager/Community Development Sharon Ragoonan and Deputy City Attorney Fernando
Amuchastegui presented a Certificate of Appreciation to Johnson Ng for bringing the Team
together, encouraging them to come every week, making it fun, and energizing the group.
5B. City Commission Employee Recognition Program: Certificates of Appreciation to be
presented to the following City Employees: Officer Norberto "Nory" Alvarez, Clayton L.
Parker, and David Blanco for going above and beyond the call of duty.
Action: Mayor Edelcup reported that Police Officer Norberto Alvarez, Building Official
Clayton L.Parker,and David Blanco of Human Resources went above and beyond the call of
duty in the performance of their duties. Mayor Edelcup and the City Commission presented
them each with a Certificate of Appreciation and noted that each recipient will receive a$100
check.
5C. A Presentation by the Miami-Dade County School Board regarding the Norman S.
Edelcup/Sunny Isles Beach K-8 School Addition, and Information on the General
Obligation Bond.
Action: Assistant City Manager/Community Development Sharon Ragoonan introduced
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
Jaime Torrens to report on the General Obligation Bond,and said we will hear a presentation
about the school expansion of 12 classrooms above the garage at the school,which will be
provided by Architect Wolfberg Alvarez as well as the Contractor at Pirtle Construction. She
also recognized Dr. Weissman who is here tonight.
Jaime Torrens gave an overview of the General Obligation(GO) Bond the School District
has placed on the November ballot. It is $1.2 Billion for improvements and technology
upgrades at all of their facilities. The new GO Bond would provide a long-term solution to
the facilities needs in Miami-Dade County. The GO Bond would also provide a continuation
of the Bonds that were issued in 1988,which are"sun-setting"in 2017. This would provide
a financing and funding vehicle to continue improving our schools and update technology at
all of their campuses throughout the District. The financing of the GO Bond is a 30-year
financing plan,and there is a tax calculator available on their website. The key to this is that
they would provide funding and financing from investors outside of the local area infusing
capital into our community for both the generation of j obs and improvement of our schools.
There are four major categories of work involved: 1)renovation of our older campuses,half
of the buildings are over 40 years old and about a third of them are over 50 years old; 2)
replacements or partial replacements of buildings; 3) technology improvements; and 4)
capacity projects to accommodate growth. There are 400 campuses with over 3,000
buildings, and there has not been a major renovation effort since 1988 when the last GO
Bond was approved by the voters. Their most recent focus has been on capacity between
class size compliance and the growth in our population. An amendment was passed by the
State, however, Miami-Dade County never received its share of funding for class size
compliance, and so they had to use local revenue which otherwise would have gone to
renovate many of their buildings to comply with class size. Even though we make up 13%of
the State's population we have only received in the best year 5% of the funding.
Mr.Torrens said that they also have an issue with PECO(Public Education Capital Outlay)
Funding which has been eliminated by the State over the past three years for renovation,
maintenance,or construction of our schools. Our local option millage which is the primary
source of our Capital Program has also been hit pretty severely between a reduction of 25%
by the State from 2 Mills to 1.5 Mills and also from declining property values. It was
determined that there was no other solution at this time to address the District's capital needs.
Mr. Torres stated that the reason this is being done now relates to three items: 1) cost of
borrowing right now,there are historic lows on interest rates in the financial markets;2)we
have seen a declining construction value and there is a construction cost and there is the
capacity and the best value for this District to do this at this time; and 3)there is plenty of
idle capacity in the construction industry. Waiting any longer will make it a more costly
proposition. Throughout this our School Board and Superintendent followed some guiding
principles,the first and most important one is to enhance the safety and security of all of their
campuses making sure that all of the students have access to facilities that are dignified and
our teachers have safe and appropriate spaces. There is also transparency by making sure
there is an oversight committee of local citizens who review the plans to make sure that the
commitments that are made are kept, and that the financing is reviewed and audited on a
regular basis.
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
Mr.Torrens said that almost 2,400 students of Sunny Isles Beach have attended Miami-Dade
County Public Schools,of these approximately 95%of these students attended three schools.
Most importantly even at the newer schools that were recently built,there will be technology
upgrades because this is a long term plan. It is a 30-year financing plan with a 7 to 8-year
implementation, and so even some of the newer schools will receive technology upgrades
throughout this Bond program.
Architect Arias Garcia presented a power point on the school addition over the existing
parking garage. It is one-story, a new staircase will be added, and they will bring up the
existing elevators and stairs. He presented the new floor plan with 12 additional classrooms
with restrooms. They will have display cabinets along the corridor.
Mike Fiery, Executive Vice President of Pirtle Construction, said Pirtle Construction has
been in South Florida since 1968,and they have built over 350 schools,many of which have
been with Miami-Dade County Public Schools. He showed a power-point presentation and
noted their partner on this project is Wolfberg Alvarez. They will be doing two floors 1)the
floor of the classroom building,and 2)the roof deck. Many of the trucks and deliveries will
come into the site along the south side of the building and they will have this area barricaded
off and properly secured from students, etc. The stairwell in the middle will be a key
component for the project. The students will still be able to cross the street to the Park,and
when they need to, they will have the proper flagman and signage there to ensure safety.
Vice Mayor Thaler asked if there was a time schedule on this project, and Raul Perez,the
Executive Director for the Capital Improvement Office for Miami-Dade County Public
Schools, said they are currently bidding the project. They are looking to have the project
awarded at the School Board meeting in November, and construction commencing in
December. The school will be open for the August 2013 school year,and so the bulk of the
construction will take place in the second half of this school year. Mayor Edelcup said then
that the closing of that road will only be during the construction period, from January to
August. Mr. Perez said the road will probably be closed starting in December 2013, and it
will open before August. Mayor Edelcup said he just brought that out for our own staff's
awareness so that any events we have at Pelican Community Park may be better transferred
some place else during that construction period, the Easter Egg Hunt is the first one that
comes to his mind.
Commissioner Scholl said regarding financing, how much is old money and how much is
new money because you had mentioned that you were going to have a takeout of the existing
GO. Mr. Torres said the old GO is being paid out completely and there is no mingling of
this. It is just the financing, the debt service on the GO, and it is sun-setting by 2017. So
they are getting the whole amount with a minimum impact. Commissioner Scholl said he
missed a school on the list, the school his son goes to is Advance Studies at Wolfson, and
Mr. Torres said they will add it to the list.
Commissioner Aelion asked what the criteria was for putting this on the ballot now,and Mr.
Torres said there were a couple of criteria: 1) the financing cost,the cost for borrowing is as
low as it has ever been; 2) the cost of construction; and 3) that is allowed to sunset
completely, the incremental impact to taxpayers will be very drastic and would be very
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
difficult then it would be now, as the other one sunsets,this one picks up and there is a very
small incremental cost. For the typical homeowner in 2013 it will be less than$10 per year.
Vice Mayor Thaler noted that the addition of the school is being funded by both Miami-Dade
County and Sunny Isles Beach and has nothing to do with the Bond issue. Commissioner
Aelion asked if the redistricting that has been done by the Legislature impacts the layout of
your application? He further stated you are looking on a global basis, and Mr. Tones
responded it is global and this is a needs based plan. They know what the deficiencies are in
our schools and this was built from the bottom up, and we look at it globally. Mayor
Edelcup said this is an important issue that is going to be on the ballot for everyone,and he
would recommend people to vote in favor of this as there is nothing more important than the
education of the children because they are the future of the city, state or country.
5D. A Presentation to the Incoming City Manager Christopher J. Russo from Outgoing
Acting City Manager Chief Fred Maas.
Action: Chief Maas said that he had asked the new City Manager during this period of
transition what is it that he would like him to accomplish most,and he said he would like the
employees to continue to get cross-trained, to get committed to where there is always
somebody to step up to the plate. The Chief presented a photo of the K-9 dog being cross-
trained at the desk,and he passed incoming City Manager Russo the baton. He thanked the
employees for their tremendous support that he received over the four months in
accomplishing the job. There was one goal and one interest and that was to provide in the
interim the best service that we could to the residents of this City. City Manager Russo
thanked the Chief and the employees. The reception he has gotten by coming back has been
terrific although the first day seemed like he never left. It is certainly the finest City and the
finest employees that he has come across, and the finest elected officials in 32 years in this
business. The Commission welcomed him on board.
5E. A Presentation by Simcha Hadassah regarding the Madi Thaler Memorial Breast Cancer
Walk-A-Thon Taking Place on Sunday, October 28, 2012.
Action: Fanny Korn,President of Simcha Hadassah Chapter of the Greater Miami Region,
gave some history of the organization. With the Walk-A-Thon they memorialize Madi
Thaler who was a past president of the organization. Madi was kind and caring and
embraced them all as members. She was a great president of their Chapter, and it is a great
honor that they walk for breast cancer in her memory which will take place on Sunday,
October 28,2012 at 10:00 a.m. in Pelican Community Park and will walk north to Heritage
Park. They thanked the Commission for their efforts to raise funds for the Hadassah medical
organization to support their research to find a cure for breast cancer. They presented Mayor
Edelcup and Vice Mayor Thaler each with a plaque and a tee-shirt. Vice Mayor Thaler
thanked them and he said he is honored that they are honoring his wife, and certainly they
had supported cancer and breast cancer which is something that is very difficult to converse.
He was very proud of Madi, and from day one she let everyone know what the problems
were. He knows of three or four other people she spoke to who had a mammogram and they
did find cancer and all of them are survivors today.
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
5F. Add-On:
A Proclamation to be Presented to Commissioner Elect Jennifer Levin Proclaiming
November 15, 2012 as "Homeless Awareness Day in the City of Sunny Isles Beach".
Action: Mayor Edelcup presented the Proclamation to Commissioner Elect Jennifer Levin
on behalf of the Miami-Dade County Community Homeless Trust Plan.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request for Deferral to November 15,2012:
Request of St.Tropez on the Bay: Phases II&III,for the Property Located at 290-330
Sunny Isles Boulevard& 16690 Collins Avenue,for the Following: (Hearing#Z2012-09)
The Applicant is requesting approval for a site plan modification for 16690 Collins Avenue
and,a site plan for 290-330 Sunny Isles Boulevard.The Applicant is requesting a Transfer of
Development Rights(TDRs)in the amount of 94,680 square feet of development rights and
45 units from the TDR Bank account of the City of Sunny Isles Beach.The Applicant is also
seeking approval of a variance of the front pedestal to tower setback in the site plan
modification. Further, the Applicant is requesting approval of a mural and graphics for a
temporary construction fence.
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting a site plan modification approval for an eight(8)
story office building with 55,749 square feet,previously approved for a residential tower
under Resolution No. 06-Z-101, adopted on July 20, 2006.
2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to permit a pedestal to tower front
setback to be 21'-6",where a minimum of 25'-0"is allowed in accordance with Section
265-38 (Summary Chart B) of the Land Development Regulations.
3. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting site plan approval for two residential towers
which contained a combined 329 units and with a total of 637,887 square feet.
4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting to approve the utilization of TDRs from the TDR
Bank of the City in the amount of 94,680 square feet of development rights and 45
dwelling units for the two residential towers
5. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on a temporary
construction fence.
(Deferred from 8/21/12)
Protests 1 Waivers 0 Ex Parte 0
Action: Mayor Edelcup noted that the Applicant has requested a deferral to November 15,
2012. City Clerk Hines read the title, and City Planner Claudia Hasbun said that this
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
applicant requested deferral and for the record, it is required to submit the public notices
again for the November 15 Commission Meeting,and staff has no objections for the request.
Mayor Edelcup asked the City Attorney to make sure that in the future any of these types of
items that are deferred by more than 30 days need to have re-noticing and re-mailing to the
adjacent property owners who are entitled to speak before the Commission on these items. If
we don't have that in our policy,he would like it amended to make it a standard practice so
that people that are planning on either speaking for or against at least will know when
something has been deferred and to when it has been deferred to. City Attorney Ottinot said
he would follow that instruction.
Public Speakers: None
Commissioner Scholl moved and Commissioner Aelion seconded a motion to defer this
item to November 15,2012 at 6:30 p.m. The motion was approved by a voice vote of 5-0
in favor.
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 218 of the Code of Ordinances of the City of Sunny Isles Beach to Clarify That
Newly Constructed Sales Centers for Development Projects Require Approval of the
City Commission; Providing for Repealer; Providing for Severability; Providing for
Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is
basically to codify current practice and past practice to require Commission to approve
newly constructed sales centers.
Public Speakers: None
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 Thursday, November 15,
2012, at 6:30 p.m.
Vote: Commissioner Aelion y
Commissioner Gatto
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup
7B. An Ordinance of the City of Sunny Isles Beach,Florida,Amending Chapter 100 Entitled
"Animals", to Create a New Section Entitled Restrictions on Feeding of Stray or
Ownerless Cats;Providing for Penalties;Providing for Severability;Providing for Inclusion
in the Code; Providing for Conflict; and Providing for an Effective Date.
Action: City Clerk Hines read the title,and City Attorney Ottinot reported that the purpose
of this Ordinance is to impose restrictions on feeding stray cats in the City. Additionally it
Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
makes it a public nuisance to feed stray cats in the City. This ordinance is similar to what
they adopted in the Town of Golden Beach.
Vice Mayor Thaler said he thinks there may be a misunderstanding,we are not trying to hold
off all feeding of cats; we are trying to stop the overfeeding of cats. We have an enormous
amount of people that come out in the morning with huge amounts of food, putting it in
places such as the churches,synagogue,our Parks,and even at City Hall. What we are trying
to do is to control those people because it is dangerous. What the cats don't eat people trip
over. He noted an email from Father Kirlin at St. Mary Magdalen,and he read a paragraph
into the record "The cats who are being overfed on our property by persons known and
unknown have become, in many cases, indolent and overweight. I am told that obesity in
cats can be just as detrimental to them as to humans. These cats then hunt birds on the parish
grounds not for food but for sport,kill them,and then leave their carcasses all around parish
property. This then provides a health risk for our children and others. At the same time
persons are leaving food in places where the parishioners walk instead of hiding the food
away. If a parishioner slips and falls on cat food or any other kinds of food that people may
leave,this becomes an insurance/liability issue for the parish." This is why he put this item
on the agenda. He has received many other emails and one thing that was overlooked is that
we do have a neutering system here in Sunny Isles Beach. We spend in excess of$10,000 a
year for the neutering and it is not enough. We cannot get enough people to go out and
capture the cats that are here,the cat population has continually grown,and we are having a
problem here. Mayor Edelcup opened the meeting for public comment.
Public Speakers: Lindsay Donzanti; Suely Caramelo;Mirna Trujillo;Catherine Szabo;Don
Anthony; Megan Clauser; Martha Trujillo;
Mayor Edelcup thanked all the people for coming here tonight to express their opinion on the
status of this problem,and their suggestions for correcting/mitigating the problem. He also
thanked the Vice Mayor for bringing it to our attention so we can have a public discussion
and search out alternate solutions to this problem. It is his intention not to support this
ordinance but to suggest that our staff take all the comments that were made here tonight and
to come up with a comprehensive program that incorporates additional dollars from the City,
for the neutering program. The Mayor wants to have the volunteers that are here tonight and
others that wish to volunteer become part of the program. He also instructed our own staff to
look into the problems and where they can assist to come up with a more viable solution.
Overfeeding is really a very subjective item and he doesn't see how this ordinance could ever
be enforced because overfeeding is in the eyes of the beholder who is watching the feeding
taking place, and so it is an ordinance that defies the ability to be able to adequately and
properly police that sort of program. Therefore to him, it is an unacceptable type of
ordinance to put before the City,and he would hope his fellow Commissioners would move
with him to instead make a positive out of this by doing what we can to mitigating the
program and incorporating all the people who want to work with us.
Commissioner Aelion said he felt we did not have enough data. This ordinance does not
address overfeeding but feeding in its entirety is prohibited. He agrees with the Mayor's
approach. Commissioner Scholl said he doesn't like to approve anything that is not clearly
enforceable, it is the wrong approach. We have a citizen's group that is obviously
responsible,articulate,well funded,and want to help. He would like to direct staff to see if
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
we can find a solution that makes sense. Commissioner Gatto appreciates what Vice Mayor
was trying to do but we need to find a fine balance on how to approach it. She loves the
passion she has seen here tonight, and noted that she has also heard from people that are on
the other side of this where someone who runs the beach early in the morning has seen a
truck throw food out to the cats. Having listened to the speakers,she sees that there may be
some solutions that they might want to present to us. She would rather try to work together
first before supporting this ordinance.
Vice Mayor Thaler said the ordinance has done what he wanted it to by bringing out the
people to tell us what can be done and what should be done. He would like to instruct our
new City Manager to put together a program that can be brought back to the Commission and
increase our three letters TNR(Trap,Neuter, Release)Program. The one thing that has not
been addressed, and he heard what the Mayor said about the overfeeding,but when you see
what is put out in the mornings by people, there needs to be some way to control that. He
asked the City Attorney if we have laws on the books for people who throw things out on the
streets, and City Attorney Ottinot said yes, the littering laws. Vice Mayor Thaler said we
should look at that law, and with that he withdrew this Ordinance. He asked the City
Manager to come back to the Commission in the future with a program.
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 68 of the Code of Ordinances of the City of Sunny Isles Beach to Provide a
$6,000.00 Fixed Expense Account per Fiscal Year for the Reimbursement of Expenses
Incurred in the Performance of Official City Business;Providing for Repealer;Providing
for Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 09/20/12)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the elected
officials will get an allocation of$6,000, at a prorated amount based on terms of service.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to adopt the
ordinance on second reading,as amended. Ordinance No.2012-392 was adopted by a
roll call vote of 4-1 (Commissioner Scholl against) in favor.
Vote: Commissioner Aelion yes
Commissioner Gatto yes
Commissioner Scholl no
Vice Mayor Thaler yes
Mayor Edelcup yes
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
Sitting in as the Local Planning Agency and the City Commission to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9B.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
Sections 265-34, 265-35, 265-36, 265-37, 265-38 of the Land Development Regulations to
Clarify that Commercial Jet Skis,Personal Watercraft Launching Facilities and Commercial
Marinas are Conditional Uses Within Particular Zoning Districts, Attached as Exhibit"A";
Providing for an Effective Date.
Action: [City Clerk's Note: Items 9B.1 and 9B.2 were heard together.] City Clerk Hines
read the title.
Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. LPA Resolution No. 2012-72 was adopted by a vote of 5-0 in favor.
9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Sections 265-34,265-35,265-36,265-37,265-38 of the Land Development Regulations to
Clarify that Commercial Jet Skis, Personal Watercraft Launching Facilities and
Commercial Marinas are Conditional Uses Within Particular Zoning Districts;
Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code;
Providing for an Effective Date.
(First Reading 09/20/12)
Action: City Clerk Hines read the title,and City Attorney Ottinot reported that the purpose
of this Ordinance is to clarify that commercial jet skis, personal watercraft launching
facilities, commercial marinas, boat storage, as well as non-motorized and motorized
watercraft leasing or launching facilities,are conditional uses within certain zoning districts
in the City. They would have to seek Commission approval before operating.
Public Speakers: None
Vice Mayor Thaler explained that this came about because on the west side of Sunny Isles
Beach all of a sudden a jet ski operation showed up and by our laws and rules it was
permitted. With this Ordinance the Commission will make that decision on a case-by-case
basis.
Commissioner Aelion moved and Commissioner Scholl seconded a motion to adopt the
ordinance on second reading. Ordinance No.2012-393 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
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Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Mayor to Apply for, Receive and Expend Grant Funds from the Miami-Dade County,
Federal Funds, Edward Byrne Memorial Justice Assistance Grant (JAG) Program—
American Recovery & Reinvestment Act of 2009, in the Amount of $3,205.00;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action:City Clerk Hines read the title,and Captain Michael Grandinetti reported noting that
this is an annual grant that we receive and this year it is allocated to be spent on novelty
educational give-away items for the school kids through our DARE Program and our School
Resource Officer.
Public Speakers: None
Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2012-1978 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 Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984,to
Expend up to $25,000.00 from the Federal Forfeiture(DOJ) Funds for the Purchase of
Miscellaneous Technology/Electronic Equipment for Law Enforcement/Investigative
Purposes to be Used by the DEA/HIDTA Group; Providing for an Effective Date.
Action: [City Clerk's Note: The cover memo and Resolution were revised and distributed
prior to the meeting.] City Clerk Hines read the title, and Captain Michael Grandinetti
reported that these funds were previously awarded to the Police Department as a result of
investigative participation in forfeiture and seizure cases.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution,as amended. Resolution No.2012-1979 was adopted by a voice vote of 5-0 in
favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying
the Approval to Accept a Donation of Thirty-Nine (39) Trees Including Installation
from LPLA Partners, LP, for Placement in Intracoastal Parks; 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 Community Services Director Susan
Simpson reported that these trees are from Mansions of Acqualina. Their Sales Center Site is
turning into a construction site and they donated these trees to the City. Mayor Edelcup said
that they are actually at the Intracoastal Parks now.
Public Speakers: None
Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2012-1980 was adopted by a voice vote of 5-0 in favor.
11
Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Change Order No.3 to Agreement with Tenex Enterprises,Inc. for Construction of a
New Driveway Access on the West Side of Collins Avenue,South of 183rd Street, in an
Amount Not to Exceed $58,331.21, Attached Hereto as Exhibit"A"; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and City Engineer Helen Gray reported that the
project has been funded,the plans are done, and we are now ready to go to construction.
Public Speakers: None
Mayor Edelcup said that hopefully this project will alleviate some of the traffic problems
flowing out at 183rd Street.
Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012-1981 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 Amendment to Agreement with Calvin Giordano & Associates to Provide
Consulting and Permitting Services for the Emergency Bridge, in an Amount Not to
Exceed$34,644.75,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 City Engineer Helen Gray reported that Calvin
Giordano is currently under way with the design and permitting for this project. This adds
two specific items to their work element: 1)south landing of the bridge is a narrow right-of-
way,there is only 20-25 feet available and so it has to be a bi-directional one way signaled
facility;and 2)prepare a detailed construction cost estimate from a marine contractor to try to
save some money on the construction site by identifying items that could be valued
engineered.
Public Speakers: None
Mayor Edelcup said that this is a project that the City Manager is totally familiar with on his
first time around as City Manager. Now that he is back, we are in a hurry to get it done.
Commissioner Aelion said this has been going on for five years,and these services may have
been already rendered in some form. Ms. Gray said these services do not overlap with the
services that they are providing under the current contract.
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012-1982 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,Releasing
and Terminating Declaration of Restrictions Imposed on Properties Located at 18955
Atlantic Boulevard and 19035 Atlantic Boulevard;Providing the City Manager and City
Attorney With the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
12
Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
Action: City Clerk Hines read the title, and City Attorney Ottinot reported that these
properties are located in the Golden Shores area, and the Declaration of Restrictions were
executed in 1950 that required those properties as duplex use. The Developer has advised
him that they intend to submit plans for single-family homes instead of townhomes.
Public Speakers: Chad Friedman
Chad Friedman representing the contract purchaser of the property said their intentions right
now is to submit for single-family homes on this property and would like this covenant
removed. Commissioner Scholl asked if it prohibits them to go back to duplex, and City
Attorney Ottinot said no. Commissioner Scholl said then all we are doing is giving them the
flexibility to down zone if they choose to do that. Vice Mayor Thaler asked if they owned to
the corner, and Mr. Friedman said they have not bought it yet but are in the process of
purchasing those vacant lots that go from the corner south.
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2012-1983 was adopted by a voice vote of 5-0 in favor.
IOG. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Confirming
the Balance of Development Rights Currently Held in the TDR Bank Accounts by the
City of Sunny Isles Beach and Private Owners, Attached Hereto as Exhibit "A";
Requiring Yearly Updates of Account Balances Held by Private Owners and the City;
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: Page 3 of Exhibit "A"was revised and distributed prior to the
meeting.] City Clerk Hines read the title, and City Planner Claudia Hasbun said the City
implemented the TDRs program to create open space,parks and recreational facilities. She
went over the TDR Bank Accounts by the City and by private owners. She noted on page 3
that the City has collected to date funds in the amount of$38,178,496.25, and that we have
some uncollected funds for the latest projects that the City has to approve. This includes
LPLA Partners which is the Mansions of Acqualina,representing$1,462,500.00 that will be
collected when the building permits are issued. The City has agreed on a contract with them
and so we will receive 5% interest per year in this amount. Also for Porsche at 18555
Collins Development, LLC, these TDRs are contingency and so we might receive
$975,000.00 for the Porsche design or we might not because if they don't use it, they will
return to our bank account. The uncollected funds can be up to$3,437,500.00,and the total
amount for all the projects that have been approved is $41,615,996.25.
Public Speakers: None
Mayor Edelcup said it was a great report and survey. He has asked each year that we go
through this report so that we can never lose track of where we are with all of these TDRs,
and he thanked Ms. Hasbun for a very comprehensive report. It is very gratifying to know
that we have sold nearly 1.5 Million TDRs out of our bank and that we will receive over$40
Million. Most of that money has been put into our park system, and we still have
approximately 1.2 Million TDRs to sell in the future as the City further develops.
13
Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012-1984 was adopted by a voice vote of 5-0 in favor.
10H. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Lump Sum Retroactive Pay Increase for Police Chief Fred Maas for Serving as Acting
City Manager;Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: This item was distributed prior to the meeting.] City Clerk
Hines read the title,and Mayor Edelcup reported that we have all recognized the tremendous
job that Chief Maas has done in acting as our City Manager during the interim period of time
until our current Manager arrived. We wanted to recognize the fact that while he was
working that job he really put in a lot time,hours and effort in a comprehensive file system
for our current Manager to understand where each project in the City is currently at. Mayor
Edelcup said he had suggested that we adjust the Chief's pay to what the Manager would
have received had he been the Manager based on the contract that we have with Chris Russo.
Therefore he is pleased to recommend a $12,500.00 retroactive payment for the period of
time from June 15 to October 15, 2012 that the Chief served as our Interim City Manager.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012-1985 was adopted by a voice vote of 5-0 in favor.
10I. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
a Charitable Contribution to the Sunny Isles Beach K-8 Trust Fund for the Florida
International University (FIU) First Generation College Scholarship Program, in an
Amount of $5,000.00; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: This item was distributed prior to the meeting.] City Clerk
Hines read the title, and Vice Mayor Thaler reported that the City had started a Trust Fund
where it contributes to FIU for its first generation children from Sunny Isles Beach. Last year
we donated $5,000 and the Federal Government has a matching plan and so the school
actually gets$10,000. Last year there were ten(10)different students who received$1,000
each, and so we hope to continue that going forward.
Public Speakers: None
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2012-1986 was adopted by a voice vote of 5-0 in favor.
14
Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida
11. MOTIONS
None
12. DISCUSSION ITEMS
None
13. CITIZENS' FORUM: REQUESTS,PETITIONS & OTHER COMMUNICATIONS
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 8:12 p.m.
Respectfully submitted by: Approved by the City Commission on Nov. 15,2012
14deyfi-
Jane A. Hines, C C, City Clerk N an S. Edelcup, Mayor
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Preview Page 1 of 1
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Jane A. Hines, CMC, City Clerk
DATE: 11/15/2012
RE: Summary Minutes for the October 18, 2012 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the October 18, 2012
Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
• Summary Minutes
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=902&MeetinglD=O&MeetingDate... 11/5/2012