HomeMy WebLinkAbout2012-0821 Special City Commission Meeting SUMMARY MINUTES
Special City Commission Meeting
Tuesday,August 21,2012, 6:00 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 6:00 p.m. with the following officials
present:
Mayor Norman S. Edelcup Acting City Manager Fred Maas
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: Commissioner Elect Jennifer Levin led the Pledge of Allegiance to the flag,and City
Historian Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum, and introduced Commissioner Elect
Jennifer Levin who was elected as an unopposed candidate to the seat that Vice Mayor Thaler
will be retiring from.
Mayor Edelcup noted the deferral of Items 3A and 5A to October 18, 2012; additional
information for Item 5B; add-on items: Item 6A Discussion re: Donation from Jack Cohen;
Item 6B Discussion re: Request from JCS for a Contribution; and Item 6C Discussion re:
Request for a Contribution/Book Signing.
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.
3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
3A. 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)
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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 contain a combined 329 units and 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.
Protests 1 Waivers 0 Ex Parte 0
Action: [City Clerk's Note:A Protest Letter was received from resident Dr. Reza Nejad.]
Mayor Edelcup noted that the Applicant has requested a deferral to October 18, 2012.
Public Speakers: Joe Milton
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to defer this item to
October 18,2012 at 6:30 p.m. The motion was approved by a voice vote of 5-0 in favor.
4. ORDINANCES FOR SECOND READING (Public Hearings)
4A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida, Amending
Ordinance No. 2011-369; Amending the City's Budget for the 2011-2012 Fiscal Year—
General Fund,Streets Fund,and Capital Projects Fund;Authorizing the City Manager to
Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; and
Providing for an Effective Date.
(First Reading 07/19/12)
Action: City Clerk Hines read the title.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the
ordinance. Ordinance No. 2012-390 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Aelion ,des
Commissioner Gatto
Commissioner Scholl �es
Vice Mayor Thaler yes
Mayor Edelcup yes
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[City Clerk's Note: Item 6A was heard before Item 5A.J
5. RESOLUTIONS
5A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Transfer of Development Rights("TDRs")in the Amount of 94,680 Square Feet of
Floor Area and 45 Units to Towne Center Development Properties,LLC et al.for the
Property Located at 290-330 Sunny Isles Boulevard 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. ;Authorizing the
Adjustment and Modification of the City's TDR Bank;Authorizing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Deferred at the Applicant's request to October 18, 2012.
Commissioner Scholl moved and Commissioner Aelion seconded a motion to defer this
item to October 18,2012 at 6:30 p.m. The motion was approved by a voice vote of 5-0
in favor.
5B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
a Letter Agreement between the City of Sunny Isles Beach and LPLA Partners,LP for
Extension of Payments for Transfer of Development Rights and Bonus Payments,
Attached Hereto as Exhibit "A", Further, Approving a Promissory Note in Favor of the
City for$6,704,100.00,Attached Hereto as Exhibit`B";Providing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Additional Information was distributed prior to the meeting
from Assistant City Manager/Finance Minal Shah.] City Clerk Hines read the title,and City
Attorney Ottinot said this is Mansions of Acqualina and the City has agreed to provide a 33-
month extension of payments for TDRs and Bonus. The term of extension will commence
on the date that they are issued a building permit. There are some conditions:LPLA Partners
will pay the principal amount of$6,704,100 unless reduced by payments, by the end of the
term;the principal amount shall be subject to an annual interest rate of 5%;interest payments
shall be made on a quarterly basis, and the principal payment of$150,000 shall be made to
the City upon the closing of any condominium unit. Assistant City Manager/Finance Minal
Shah said this would produce an annual interest income of$335,000.
Public Speakers: None
Mayor Edelcup noted that there is another extension if there is 90 days at the end, and that
the interest rate goes to 12%for whatever principal is then outstanding. Vice Mayor Thaler
asked about the update/memo received from Ms. Shah,and City Attorney Ottinot said under
the Ordinance that we initially adopted, it requires a recommendation from the Finance
Director. City Attorney Ottinot said the update is the Finance Director's recommendation,
and the terms have not changed. He has spoken to their attorney about some minor revisions
with the promissory note.
Commissioner Scholl said just to be clear,do we have a right to hold up the sale because we
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are treating it like a release price. He further inquired whether we have any effect on the title
of the unit if they happen to close 20 units and didn't pay us,what happens? City Attorney
Ottinot said we could revoke the building permit. Commissioner Scholl inquired whether
they would not be closing units until they get a temporary certificate of occupancy("TCO").
Mayor Edelcup responded they would partially in the building. Commissioner Scholl said if
we release by floor,then conceptually he is okay with it. However,this will be a precedent
for other buildings, and we want to make sure that the mechanism is clean. Commissioner
Scholl stated he is comfortable that basically we have leverage if they try to close units
because we are not on the title, we don't have a deed restriction or any kind of lien. City
Attorney Ottinot said we have sufficient leverage under the Code to force payment.
Commissioner Aelion said in theory could the 90-day period of the 33 months come to
fruition and the counting period is exhausted in which case,he doesn't know if the 12%just
continues until it is paid in full because it does not speak to the timeframe. City Attorney
Ottinot said it gives them time to pay in those 90 days, and they can come back to the
Commission for an extension. Commissioner Scholl noted the interest just keeps accruing.
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012-1952 was adopted by a voice vote of 5-0 in favor.
5C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Award of RFP No. 12-05-01 to and Entering into an Agreement with Lukes-
Sawgrass Landscaping,Inc.for Landscape Maintenance Services,in an Amount Not to
Exceed$650,000.00 for One Year,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 Manager Maas reported based on interviews
and proposal reviews, and after receiving clarification from the City Attorney, they found
that Lukes is the most responsible and responsive bidder whose proposal best serves the
interest of and represents the best value to the City under Section 62.8 of the City Code.
Lukes-Sawgrass Landscaping meets or exceeds all factors outlined in this Section. Also,
Lukes Landscaping did the City's landscaping for several years prior to the City retaining the
services of another vendor.
Public Speakers: Brian Silverio, Esq.; Tim O'Keffe; Luke Facarazzo
City Attorney Ottinot said in order to clarify the record,at the last Commission meeting[July
19, 2012] this item was withdrawn in order for him to research an issue. That issue was
brought up to him by a competitor to Lukes' which involved a criminal conviction of one of
Lukes' employees. He has researched that matter with respect to public entity crime,and he
didn't see any violation in that State Statute. Additionally, he called the City of Aventura
City Manager with respect to Lukes',who gave a strong recommendation to Lukes' service
with Aventura. He also asked the Vice President of Continental to explain the employment
relationship with that employee,and the Vice President said this employee is not involved in
any management capacity. He explained this individual is an employee of Continental, a
subsidiary of Lukes' Landscaping.
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Brian Silverio,Esq.,representing SFM Services, said SFM Services was performing all the
landscaping services for the City since January 2011. He stated that in January 2012 it was
opened up for a bid process,and SFM was determined to be the lowest and most responsible
bidder at that time. Mr. Silverio further stated that unbeknownst to SFM, that bid process
was thrown out for no reason explained to SFM,and to this day they don't know the reason.
A second bid process was ordered and at that time SFM came in second and Lukes-Sawgrass
came in first. The bid process required the parties to submit a Public Entity Crimes form
which Joe Palazzolo, President of Lukes-Sawgrass Landscaping, submitted. Every person
submitting a bid has to swear and affirm under oath that neither the entity submitting a sworn
statement as officers, directors, shareholders, employees, any affiliate of the entity has not
been convicted of a crime against public entities since July of 1989. They brought this issue
to the attention of the City Attorney's Office because back in January of 2010,the then CEO
and President of Lukes-Sawgrass was charged,convicted,plead guilty to charges stemming
from the bribing of Miramar public officials for the awarding of construction contracts.
According to Mr. Silverio,this is a falsification or misrepresentation of a sworn statement to
the Commission as to the prior existing relationship of its former President and CEO at the
time who committed the acts which are a glaring contradiction to the bid process. If you are
bribing public officials to get contracts it is very relevant in their opinion to the process to get
a landscaping contract to the City of Sunny Isles Beach. They believe that the bid process,at
least in part,was tainted by this misrepresentation,and they believe it was a relevant factor.
They have not heard why it has been addressed and they don't believe it is simply an
employee or an affiliate of Continental. Mr. Silverio stated this was before, and he printed
out the articles and the reports from the courts of the Southern District of Florida where the
former President and CEO of Lukes was convicted in federal court and plead guilty. Mr.
Silverio submitted these documents to the City Attorney's Office. He further stated there is
no debate that this gentleman was the President and CEO of Lukes-Sawgrass Landscaping,
the very entity to which the Commission is about to award a contract to.
Mr. Silverio said he does not understand why the landscaping job was rebid and taken away
from them. There was a letter written in July 26,2012 that outlines a problem with some tree
trimming,and his client responded numerous times saying that they will do whatever it takes
to trim the trees. As a matter of fact,he claimed that his client trimmed trees at no cost to the
City,in addition to performing the contract that he was entitled to. The trimming of the trees
aspect of the overall contract was a mere less than 10%of the actual contract itself, and his
client was more than comparable of performing the entire contract. It was the lowest bid in
the original bid process and looks at the very least, to cast a dark cloud over the process
itself. The relief they are requesting today is the following: 1)review the original bid process
to determine why it was thrown out in the first place,and why the original lowest responsible
bidder was not allowed and not awarded the bid;and 2)to either, if SFM is not awarded the
contract under that review of the original bid process,to open up to another bid process,and
have people confirm and swear again under oath that their former President, CEO,
employees, any affiliates of any entities were not responsible in such an act of bribery of
public officials, and that the City of Sunny Isles Beach wants to be associated with in the
awarding of its contracts.
City Attorney Ottinot said as a point of clarification of our Code, staff was not aware of the
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situation with respect to Lukes' employee,it was brought to his attention by the SFM lawyer,
who gave him information. He looked deeply into that information,he researched the law,
and he asked them to clarify the position with respect to Continental. The Vice President of
Continental is here and he can testify on record exactly why his employee and based on that
explanation, he is not a corporate shareholder or decision maker with the Company. The
City Attorney said the law does not preclude the City from hiring Lukes-Sawgrass as the
landscaper,in addition as he indicated before,he called the City of Aventura to clarify if that
was an issue with respect to landscaping service by Lukes-Sawgrass as their main
landscaping for Aventura for 19 years. According to the City Attorney, the City Manager
said it was not a problem and that Lukes performed excellently,and there has been no bribery
with respect to Aventura. With respect to the law,the City Attorney was very comfortable
that retaining Lukes' does not violate any extension of the State Statute, with respect to the
law. Regarding the corporate documents,the City Attorney said we have documentation that
was provided to him by Continental. This employee is merely a sales person, he is not a
corporate officer in the corporation. With respect to the initial bid,the City Attorney said he
had no knowledge that it was thrown out but the City has a right in the Code to throw out
bids for any reason and secondly, price is not the sole factor in awarding a bid to a vendor.
One of the factors is service quality,capacity,performance issues,past performance issues,
and the City Manager makes the ultimate decision. Staff is a factor in good will and looks at
the issues,and the City Manager makes a decision based on the facts. Staff went way beyond
the call of duty to ensure the decision that was presented to the Commission, the
recommendation being presented tonight,is a very strong recommendation despite the issue
with respect to the employee of Lukes-Sawgrass Landscaping.
Mr. Silverio said it is not what his role or employment is now as a sales associate, but his
role at the time that Lukes-Sawgrass submitted its application/bid. At that time,according to
Mr.Silverio,it made a material misrepresentation to the Commission. He would recommend
that if the bid process is not reviewed initially,and the bid is not awarded to SFM,that none
of these parties be awarded the bid because in his opinion this is a stain on the process.
Commissioner Gatto asked if he is still working for the company, and what was the timing
that he got into this situation. The City Attorney Ottinot said that the employee is here
present before the Commission. Mr. Silverio said he was convicted in January 2010 for two
years, and received a$15,000 fine.
Tim O'Keffe,CEO of Continental Group,which owns Lukes-Sawgrass Maintenance,said he
has been with the Company for three years. He said Luke Facarazzo is a fine gentleman that
made a mistake and paid dearly for it. He first met Luke on July 21, 2011, when he got
home. The respect he has amongst the employees of our company,and the person he knows
is worth the job that he has got. Luke started again working for their company on November
1, 2011,putting lawn mowers together,and making minimum wage. All he wanted was to
get back to the business and people that he loved,that he built 40 years of sweat and blood
that he put into this company. He felt Luke deserved the opportunity to come back and have
a second chance because of the kind of person he is. As a company they have been very
proud to be part of Sunny Isles Beach,doing the landscaping and doing a terrific job for the
City and it was hurtful when they lost the job. They will return the City to the great look that
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it had when Lukes-Sawgrass managed the business years ago. Luke Facarazzo is nothing
more than an employee of the company, he has no ownership in the business, and sold his
company to Continental in about 1998, and so he has had no ownership and he has none
today. He is a valuable member of the team,he is a great salesman,and he is the director of
business and key accounts. He has done nothing but help their business grow.
Commissioner Aelion said in the last year and a half,he came to the City Manager on several
occasions and complained about the landscaping in our City. He wants to concur with our
City Attorney's point of view that price is not always the sole factor in determining the
choice of the company. He thinks Lukes' performs for the utmost of quality that they stand
behind. If our City Attorney is satisfied with the legal aspects of the issue, then he has no
problem with it.
Commissioner Scholl said he wants to be crystal clear. When they responded to the RFP and
they filled the form out,was the form filled out accurately? Because the attorney for SFM is
intimating that the form may not have been filled out accurately. City Attorney Ottinot said
this is the first time that issue has been brought up to him,and Commissioner Scholl said that
is a material issue. If the process was flawed,we have to deal with it. City Attorney Ottinot
said at no time was the issue of intentional fraud or intentional withholding information
brought to his attention. The information provided to him was basically did you look into
conviction,etc.,and he said yes but he indicated that he was going to look into it more to see
if there was any violation of state law. Whether it was a disclosure issue, he cannot attest
that took place, and so he asked the Purchasing Agent to testify to that.
Commissioner Scholl summarized that the lawyer for SFM is saying that in the RFP response
form,there was a check box somewhere about criminal convictions or something regarding
employees and officers of the company, and the City Attorney is saying that he didn't
research the issue with regard to that allegation and is saying that no laws were broken. The
SFM lawyer is saying that our RFP process might be flawed because of the way that form
was filled out, and so they are contesting the response document. If that is the case then we
will have to go back to the well, if that is not the case and it was a clean response then we
vote and call it a day.
Purchasing Agent Marc Tulloch said our affidavits for the public is based on the Florida
State Statute verbatim and includes language stating that no managing officer or director of
the company has been convicted or affiliate or subsidiary has been convicted of a public
entity crime. Commissioner Scholl inquired whether that language relates to employees,and
does that mean current officer or does it mean forever? Marc Tulloch said current.
Commissioner Scholl said he thinks the lawyer has a different opinion,and he asked him to
clarify what his issue is as it is boiling down to this issue.
Mr. Silverio said in paragraph 11.6 of the Public Entity Crimes form,which he gave a copy
to the Commission,the issue is as follows:it doesn't just say managers or managing member,
it says employees, agents, affiliates, and Commissioner Scholl said "who are active in
management". Mr. Silverio said in the second sentence it says or affiliated with any entity
whatsoever and so it doesn't just say active. City Attorney Ottinot said based on his opinion
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they did respond properly, he has the law in his hand. Commissioner Scholl said based on
our form, and if our form is ambiguous then he wants to understand that as well. They
checked the form and said no employee, officer, director, and he sees "involved in
management", and so how do you read it. City Attorney Ottinot said that this form is
consistent with the State law, and the State law, just like this form, indicates that the
employee has to be involved in management. After that issue was brought to his attention he
researched further,this law has not been violated because it is consistent with the law. Mr.
Silverio said he thinks he needs to read the last sentence because he thinks it is an "or"
provision but nonetheless lets presume you have to be involved in more than just an affiliate.
He read on the Local Business Tax Receipt, Miami-Dade County, State of Florida,
September 2012,Lukes' Landscaping Inc.,Luke Faccarazzo,President. He is the President,
and this is public record.
Commissioner Scholl said he would rather scrap it, go back to the RFP process, and start
with a clean process.
Luke Faccarazzo said he did make an error in judgment but he has never ever even met any
Miramar City Officials,never talked to any and so that statement was very bothersome to be
accused of bribing a City Official. He is not the President of Lukes-Sawgrass and he would
swear to that,obviously that is a renewal certificate in Dade County that needs to be updated
but he would swear that he is not currently the President nor is he an executive member of
Lukes-Sawgrass. He has a personal contract that they took excerpts out of and addressed
anything that needed to be addressed. Mayor Edelcup asked him when he was last President
of Lukes' and he said in 2009 he was actually the CEO. Mayor Edelcup asked whether from
that day forward you were no longer President,and Luke said no,he was gone for two years,
and he came back home. He is a lucky person,has been accepted by his family,church,and
community. Regarding the company he used to work for, he has no ownership in the
company whatsoever as Mr. O'Keffe stated. He sold the company and all of his interest in
1999, and he is strictly an employee of the company.
Mayor Edelcup asked Marc Tulloch when he first heard of this discrepancy, when in the
process of reviewing the selection of who would win the award, was it before, during or
after? Mr. Tulloch said when he spoke to the City Attorney which was after the
recommendation was already made.
Commissioner Scholl said it is a question of our process and right now our process is being
called into question. He further stated he is not fighting with one landscaper or another,that
it is really a management decision based on the responses but he thinks we have a
responsibility if our process looks tainted in any way to go back to the drawing board. From
his perspective that is the right thing to do,he doesn't see why we are going to the mat over
this issue when we have got these different items. He is not saying that the City Attorney did
not research the law but they have got a set of arguments.
City Attorney Ottinot said he does agree with Commissioner Scholl which is one of the
reasons he asked for a withdrawal initially to ensure that we looked at the issue that was
brought to his attention. If this was the initial recommendation obviously he wanted to
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advise staff, let's look at this issue and research the law. The City Attorney said he took an
additional step to call in references. Commissioner Scholl stated you said you were not
familiar with the form,but we have a process that can judge it and so why don't we just put it
back into the process and be done with it? City Attorney Ottinot responded that our form is
consistent with the law. The issue that was brought to his attention and the critical issue that
he looked at was whether Luke Facarazzo was active in the management. That was the issue,
he has documentation. That information was given to him and that is why he asked for a
withdrawal. He went back and met with Lukes' and clearly told him this issue is a critical
issue. The City Attorney further said he would understand if told he was not active in
management of this company but this issue is being raised that this is a façade. The City
Attorney requested that Lukes'provide him with something in writing and that he gave it to
staff that clearly indicates that Mr. Facarazzo is only an employee. Based on this
information he informed management that if they want to proceed with Lukes' then he is
comfortable with it.
Commissioner Scholl said he is just saying that given these issues,he just feels that if there
exists any ambiguity that we should go back and make it clean. It is just about the
circumstances surrounding the process. There is enough doubt raised tonight where he is
not comfortable. Commissioner Aelion said that with regards to the tax receipt, he is an
officer of the organization at Winston Towers that is a not for profit organization and he is
still getting the same form and the President listed there is Irving Turetsky who has not been
President of the organization for many years. Commissioner Aelion concurs with Luke who
says that this is a record that was not updated by the County. He reads Section 11.6 on the
Public Entity Crimes form regardless of who is affiliated with the entity submitting the
statement. He further added that although the form speaks about a specific date, he can
understand where Commissioner Scholl is coming from.
Vice Mayor Thaler said our own attorney is happy with what we have and he is willing to
accept it. He requested confirmation and City Attorney Ottinot said that is one of the major
reasons why he asked for the withdrawal. The City Attorney said that he wanted to research
this issue and make sure that if he is giving legal representation to the City Manager on
whether or not to proceed with Lukes',then this issue is an issue that he will legally sound
out. The City Attorney further added that he has a case law on point on this issue and so he
knows very well that,based on the information that he has,that he can defend it in court and
make that recommendation. With respect to the concern raised by Commissioner Scholl,
when the City Attorney realized that maybe that issue wasn't vetted enough originally, he
asked for a withdrawal. The City Attorney wanted to look at the issue and talk to Lukes'. At
the same time he had management continue the RFP process, talk to the vendors, and he
continued with his research. In addition to looking at the law, he called the references in
Miami-Dade and Broward and spoke to them personally, including the City Manager of
Aventura. He wasn't initially comfortable with it and so he took the necessary time to look
at it,research the legal issues,and then became comfortable with it. He can defend it legally
and it is not a violation of the law.
Mayor Edelcup said that he thinks that we have done the due diligence that was required
once the facts were brought to our attention. He further stated we deferred it in July and gave
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the City Attorney as well as staff the opportunity to re-evaluate the entire situation and find
out from two perspectives, 1) the legal perspective how they qualified, and 2) from the
practical perspective are they qualified to do the job. Perhaps he is in agreement with you,
the initial process may have been somewhat flawed but he thinks the corrective action was
the deferral in July and we took action to correct the possible flaw that was there. On the
basis of where we were going to come out,it would be nice to have had a most perfect record
but the real world doesn't always give us the opportunities to have the most perfect record of
how you start a process and where you end a process. Mayor Edelcup stated he would move
forward for a vote tonight and therefore he calls the question.
Commissioner Gatto said the operative word is uncomfortable;there are two pages here that
we have in our form that really dig into the definition of conviction, affiliated with
conviction, etc., and she feels uncomfortable with moving on as well. She knows that the
City Attorney has dug in and she has respect for what he does,but the fact that we have been
having this conversation for so long that could be semantics or along those lines. However,
we are a municipality and we have to be very careful, and she doesn't see any harm in
starting the process over again and reviewing it.
Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012-1953 was adopted by a roll call vote of 3-2
(Commissioner Gatto and Commissioner Scholl opposing) in favor.
Vote: Commissioner Aelion _des
Commissioner Gatto no
Commissioner Scholl no
Vice Mayor Thaler ,yes
Mayor Edelcup
5D. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Accepting a
Donation from Jack and Ofri Cohen of the"Turkish Red Marble Statue"to be Placed
in Gateway Park in Memory of their Son Eido Cohen;Authorizing the City Manager to
Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action:[City Clerk's Note: See discussion Item 6A below.] City Clerk Hines read the title.
Public Speakers: Jack Cohen;
Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2012-1954 was adopted by a voice vote of 5-0 in favor.
5E. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida Approving a
Charitable Contribution to the Jewish Community Services of South Florida, in an
Amount Not to Exceed $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:See discussion Item 6B below.] City Clerk Hines read the title.
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Summary Minutes:Special City Commission Meeting August 21,2012 Sunny Isles Beach,Florida
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2012-1955 was adopted by a voice vote of 5-0 in favor.
5F. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
a Contribution to Martha Saconchik-Pytel for Production Costs of her Book Entitled
"Baker's Haulover—A Maritime Treasure of History and Pioneers",in an Amount Not
to Exceed of$500.00;Further,Inviting Martha Saconchik-Pytel to a Book Signing Event in
the City; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action:[City Clerk's Note:See discussion Item 6C below.] City Clerk Hines read the title.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2012-1956 was adopted by a voice vote of 5-0 in favor.
6. DISCUSSION ITEMS
6A. Add-On:
Discussion regarding a Donation from Jack and Ofri Cohen of the"Turkish Red Marble
Statue" to be Placed in Gateway Park in Memory of their Son Eido Cohen.
Action:[City Clerk's Note:Heard after Item 4A. See additional action in Item SD above.]
City Clerk Hines read the title.
Public Speakers: Jack Cohen
Jack Cohen said his son passed away suddenly three weeks ago from Scleroderma Disease
and in his memory he would like to donate the Turkish Red Marble Statue that he purchased
20 years ago at a cost of$32,000,to the City to be placed in Gateway Park.
Commissioner Scholl moved and Commissioner Aelion seconded a motion to accept the
donation. The motion was approved by a voice vote of 5-0 in favor.
6B. Add-On:
Discussion regarding a Request from Jewish Community Services of South Florida(JCS)
for a Contribution in the Amount of$25,000.
Action:[City Clerk's Note: See additional action in Item SE above.]City Clerk Hines read
the title,and Mayor Edelcup said for a number of years the City has partially sponsored the
activities of the Jewish Community Services of South Florida here in the City of Sunny Isles
Beach. For the past several years we have made contributions annually of about $5,000 a
year. As of August 2, 2012,when he received this letter from JCS,they were asking for an
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Summary Minutes:Special City Commission Meeting August 21,2012 Sunny Isles Beach,Florida
amount of$25,000. It is his recommendation that we hold it at the$5,000 level and it is up
for discussion.
Public Speakers: None
After discussion,it was the consensus of the Commission to contribute$5,000 to the Jewish
Community Services of South Florida.
6C. Add-On:
Discussion regarding a book entitled "Baker's Haulover—A Maritime Treasure of History
and Pioneers"by Martha Saconchik-Pytel, who is requesting the City's support with a
monetary contribution to meet publication costs,and/or a book signing in the City of Sunny
Isles Beach.
Action:[City Clerk's Note: See additional action in Item 5F above.]City Clerk Hines read
the title, and Mayor Edelcup said he received a letter dated August 4, 2012 from Martha
Saconchik-Pytel,who wrote a book about Haulover. Sunny Isles Beach does get mentioned
in that book. They are asking for two things, 1)can they do a book signing in our City,and
2)would we want to make a contribution. There is a list of contributions from$5,000 down
to $100, and it is up for discussion as to whether or not we want to participate.
Public Speakers: None
Commissioner Aelion said it is associated with our City's history and he thinks it is
appropriate to give a nominal contribution, and to allow the book signing. Commissioner
Scholl said if anybody takes the time to write a book about the area,he thinks we should help
them. Mayor Edelcup said he feels the same way with a nominal contribution. Vice Mayor
Thaler said he agrees with the nominal contribution, and if they would like to have a book
signing here in the City, that the City should fund that so it would be in-kind on top of the
dollar amount.
It was a consensus of the Commission to give a contribution of$500, and to arrange for a
book signing to take place in the City. It was suggested to occur in the Lobby or the Library,
and perhaps they would like to present a book to the Library.
7. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 7:00 p.m.
Respectfully submitted by: Approved by the City Commission on Sept. 20,2012
4h4
Jane A. Hines, CMC, City Clerk orman S. Edelcup, Mayor
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Jane A. Hines, CMC, City Clerk
DATE: 9/20/2012
RE: Summary Minutes for the August 21, 2012 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the August 21, 2012
Special City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Summary Minutes
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=8 51&MeetinglD=O&MeetingDate=... 9/7/2012