Loading...
HomeMy WebLinkAbout2012-1220 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, December 20, 2012, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:38 p.m. (due to traffic jam on Collins Avenue) with the following officials present: Mayor Norman S. Edelcup City Manager Christopher J. Russo Vice Mayor Isaac Aelion City Attorney Hans Ottinot Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui Commissioner George "Bud" Scholl (Absent- Out of State) 2. PLEDGE OF ALLEGIANCE/INVOCATION Action: Mayor Edelcup gave opening remarks of decorum,and he took a moment of silence to reflect on the tragic events of last week in Newtown, Connecticut. All across America tomorrow morning moments of reflection will be held to honor and remember the 20 children and their six adult teachers who lost their lives. Police Chief Fred Maas and Kindergarteners Casey and Anna led the Pledge of Allegiance to the flag. Chief Maas gave the invocation noting that Richard Schulman is at home recuperating tonight. Chief Maas gave each girl a toy police car and a doll. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—November 15, 2012. Action: Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Deferred: Item 6A. Zoning Hearing re: Jade to January 8, 2013; Items 10A and 10B.TDRs re:Jade to January 8,2013;Revised: Item 10K.Retired Elected Officials Benefits; Item 10M. Donation from Jules Trump. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Levin 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 December 20,2012 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Presentation by Mayor Norman S. Edelcup to Winners of the Sunny Isles Beach Photo Contest for the City's 2013 Calendar. Action: Mayor Edelcup introduced Alayne Yeash and noted that the 2013 calendars are now available here in Government Center. Communications Coordinator Alayne Yeash handed out etched glass plaques and gift bags to the following winners: Harry Frahm, Beatrix Csinger, Aleksandr Bezgin, Elena Bezgina(absent), Valeriy Bezhin (absent), Sylvie Leidi (her husband Angelo Leidi accepted it as she is out of town), Gabriela Bastida (absent), Miriam Poletto,and Mike Tribby. Ms. Yeash said that there were 166 submissions with 45 semi-finalists,and 15 finalists. She noted that some of the photographs that did not appear in the calendar may be published in our City Guide or in one of our catalogues. She also noted that the dates of major events are listed in each month. 5B. A Proclamation to be Presented to Kiwanis Club of North Miami Beach and Sunny Isles Beach upon their 55th Anniversary. Action: Mayor Edelcup read the Proclamation into the record. Former Vice Mayor Lewis J. Thaler and Al Surtz of the Kiwanis Club accepted the Proclamation. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Jade Signature for the Property Located at 16875 and 16901 Collins Avenue, for the Following: (Hearing#Z2012-16) The Applicant is requesting site plan approval for a fifty-five (55) story condominium building with 223 dwelling units located at 16875 and 16901 Collins Avenue.The Applicant is requesting a Transfer of Development Rights(TDRs)in the amount of 149,477 square feet of development rights and 81 units from private TDR Bank accounts.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 approval for a fifty-five (55) story condominium building with 223 dwelling units and 646,978 square feet of Floor Area Ratio (FAR). 2. 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 a private TDR Bank account in the amount of 149,477 square feet of development rights and 81 dwelling units for the condominium project. 3. 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 0 Waivers 0 Ex Parte 0 2 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida Action: [City Clerk's Note:A letter in favor of this application was received from Raanan Katz.] Mayor Edelcup noted that the Applicant requested a deferral of this item to January 8, 2013 at 5:30 p.m. [City Clerk's Note: Items 7A, 7B, 9A, and 9B were heard before Item 6B at the request of Cliff Schulman as the Architect was not here yet due to the traffic.J 6B. Request of Atlantic 15 for the Property Located at 18915, 18925, 18955, 18965, 18985, 19001, 19025, 19035 Atlantic Boulevard, for the Following: (Hearing #Z2012-17) The Applicant is requesting site plan approval for 15 single-family houses(15). 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 approval for the project entitled "Beachwalk" for 15 single family homes of approximately 3,421 square feet each on approximately 1.5 acre of land. 2. 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 0 Waivers 0 Ex Parte 0 Action: [City Clerk's Note:A letter in favor of this application was received from Alejandro Arce.J 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 is Terra Beachwalk,LLC,for the project known as "Atlantic 15", noting that a previous site plan was approved for a 20-unit townhouse development pursuant to Resolution No. 07-Z-122 adopted on November 15, 2007. This previous project had a greater number of units, and tonight the Applicant is requesting site plan approval for a proposed development encompassing 15 single family houses with 3,421 square feet per home. She said there is no variance being requested with this application,and that the City has no objections as the request is consistent with the Land Development Regulations and with the Comprehensive Plan. Staff finds that use of graphics and murals on temporary construction fencing is warranted. Public Speakers: Cliff Schulman, Esq.; Kobi Karp; Cliff Schulman, Esq. representing this Applicant said that this application is unusual in a number of ways, the client is Terra Group which is made up of his former partner from Greenberg, Traurig, who was a real estate lawyer, Pedro Martin. The President of the company is David Martin, whom he has known since he was four years old. This is the first new residential subdivision in the history of Sunny Isles Beach. He is pleased to be here tonight with Architect Kobi Karp and Adam Adler from the Terra Group. He noted that the Terra Group is known for their high-rise developments. This is a site plan approval of an as- of-right project, there are no variances that are being sought. The units are approximately 3,400 square feet, and will start in the price range of$1.75 to $2 Million. He put in all the exhibits that Mr. Karp may or may not be referring to with a copy to the City Clerk. 3 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida Kobi Karp,Architect,presented 3D Models and renderings of the project,and stated that this is a very unique and interesting project. It is all single-family residential,each house is a little bit different. They have beautiful front and back yards, and they will be different materials, stones and woods, and each one will be landscaped differently. They will really be along Collins Avenue, and the wall is an important element in that we look at it as a buffer. Clifford Schulman noted that when they first met with staff, a previous project had been approved by the Commission called "Oceanika". They had two site plans, one for the 20 townhouses and one for the single family units. He had mentioned to David Martin that the townhouse looked like a wall, even though the buildings were broken up, it was very wall like, and they came back with this family project. Staff has requested that the front fence be demonstrated, penetrated so that people will not be hiding back there from a crime point of view,and the back fence will be matching up with the fence on the Golden Shores Park. That design will be followed through on their fence with landscaping in front of the fence like what you have at Golden Shores Park now. Commissioner Gatto asked about how many feet between each home, and Mr. Karp clarified that it is actually 10 feet between each house. Mayor Edelcup said it is unique having single family homes being built in Sunny Isles Beach which will join the less than 1,000 homes in our City that are single family against approximately 15,000 condominiums. It is a great addition to our City and it gives people an alternative choice to how they want to live. Vice Mayor Aelion moved and Commissioner Levin seconded a motion for approval, subject to staff conditions,as amended. Resolution No. 12-Z-135 was adopted by a roll call vote of 4-0-1 [Commissioner Scholl absent] in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl absent Vice Mayor Aelion yes Mayor Edelcup yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Section 265-18 of the City Code Entitled "Administrative Site Plan Review" to Require Approval of the City Commission for Any Proposed Height Modifications to a Previously Approved Site Plan Application; 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 Ordinance was drafted at the direction of the Commission. Public Speakers: Clifford Schulman, Esq. Clifford Schulman,Esq.was against this Ordinance,and Mayor Edelcup explained that many years ago a project got changed administratively which was a reduction in height but did not have the Commission's approval, and the Commission did not want that to happen again. We have a policy that any time the size of the envelope changes whether it is height, width, 4 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida etc. it has to come before the Commission again so that we are not surprised by Administration action that takes place after what was approved. City Attorney Ottinot said this Ordinance allows the Commission to review and to have an oversight. Mayor Edelcup said it is a courtesy to the Commission to make sure what gets built is what they approved. Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4- 0-1 [Commissioner Scholl absent] in favor. Second reading,public hearing will be held on Thursday,January 17, 2013, at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin des Commissioner Scholl absent Vice Mayor Aelion yes Mayor Edelcup yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Section 74-8 of the City Code Entitled"Committees";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 Ordinance is for the City Advisory Committee reducing the members to seven people with an appointment by each Commissioner, two appointments by the Vice Mayor, and two appointments including the Chairperson by the Mayor. Mayor Edelcup clarified that the Committee meets every other month not to exceed six (6) times per year. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4- 0-1 [Commissioner Scholl absent] in favor. Second reading,public hearing will be held on Thursday,January 17, 2013, at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl absent Vice Mayor Aelion yes Mayor Edelcup 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 5 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 235 of the City Code Entitled "Stormwater Management" to Amend the Stormwater Utility Fees Pursuant to the Consumer Price Index; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/15/12) Action: City Clerk Hines read the title,and Finance Comptroller Michael Quesada reported that this ordinance implements an annual cost increase to the stormwater utility fee with the rate based on CPI and is effective every January. Mayor Edelcup said this is an automatic procedure to put an ordinance in place that would automatically reflect CPI adjustments and it would no longer entail having to come back before the Commission. Public Speakers: None Commissioner Levin moved and Commissioner Gatto seconded a motion to adopt the ordinance on second reading. Ordinance No.2012-395 was adopted by a roll call vote of 4-0-1 [Commissioner Scholl absent] in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl absent Vice Mayor Aelion yes Mayor Edelcup An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 265, Article V, of the City Code Entitled "Development Review Procedures" to Require Re-Noticing of Zoning Applications Where Deferral Request Exceeds Thirty (30)Days;Providing for Repealer;Providing for Severability;Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/15/12) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this ordinance requires zoning applications to be re-noticed and published again in a newspaper if an Applicant requests a deferral. The cost of the re-advertising will be the responsibility of the Applicant. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the ordinance on second reading. Ordinance No. 2012-396 was adopted by a roll call vote of 4-0-1 [Commissioner Scholl absent] in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl absent Vice Mayor Aelion yes Mayor Edelcup yes 6 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida [City Clerk's Note: The Commission heard Item 6B after Item 9B.) 10. RESOLUTIONS 10A. 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 22,764 Square Feet of Floor Area and 11 Units to Sunny Isles Beach Associates,LLC (a/k/a Jade Signature) for the Property Located at 16875 and 16901 Collins Avenue from the Private TDR Bank Account;Approving Assignment Agreement between Abus,LLC and Sunny Isles Beach Associates, LLC; Directing the Zoning Administrator or Designee to Transfer the TDRs From the Private Bank Account in Accordance with Zoning Resolution No. Authorizing the Adjustment and Modification of the Private TDR Bank; Providing the City Manager with the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Mayor Edelcup noted that this item has been deferred to January 8, 2013. IOB. 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 126,737 Square Feet of Floor Area and 70 Units from a Private TDR Bank Account Owned by Sunny Isles Beach Associates,LLC to the Project Known as Jade Signature Located at 16875 and 16901 Collins Avenue from the Private TDR Bank Account; Directing the Zoning Administrator or Designee to Assign the TDRs from the Private Bank Account in Accordance with Zoning Resolution No. ; Authorizing the Adjustment and Modification of the Private TDR Bank; Providing the City Manager with the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Mayor Edelcup noted that this item has been deferred to January 8, 2013. 10C. 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 $163,820.21 from the Partial Federal (DOJ) Forfeiture Funds for the Purchase of a Citywide Automatic License Plate Reading System (ALPR) and New Computer Servers for the Police Department; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard after Item 6B.J City Clerk Hines read the title, and Police Captain Michael Grandinetti reported noting that the funds will be used for the purchase of an automatic license plate reader and for the replacement of some computer servers for the IT Department to have the Police Department's data. Public Speakers: None Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-2001 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 7 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Award of Request for Proposals No. 12-09-01 to and Entering into an Agreement with Iron Sky, Inc. for the Purchase and Installation of an Automated License Plate Recognition System(ALPR),in an Amount Not to Exceed$207,177.15,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 we were issued a COPS Grant about a year ago from the Department of Justice for$86,000 allocated for this project. The supplemental amount will be purchased through forfeiture funds. Public Speakers: None Mayor Edelcup asked Captain Grandinetti to explain this system,and he said they will install cameras at every entrance and exit to the City which connects to the Police Department. They would upload "hot files" which are Florida Department of Law Enforcement files where we enter stolen vehicles, felony vehicles, amber alerts, silver alerts,etc. It is updated every day and is linked to the Police Officer's cars and it will read the tag and compare to the "hot file" and if it comes back as a hit, it will alert the Officer within 3-5 seconds. Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2002 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Purchase of Four(4)Polaris Ranger 800 EFI Solar Red UTV's and Two(2)Polaris Sportsman X2 550 Indy Red ATV's and Associated Equipment From Polaris Sales,Inc. for Use by Ocean Rescue,in a Total Amount Not to Exceed$78,314.28,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 Police Captain Michael Grandinetti reported that three(3)of these vehicles will be replacement vehicles for existing lifeguard towers,and the other three (3) vehicles will be assigned to the new towers. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2003 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 8 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Purchase of Three (3) Computer Servers with VMWare vSphere ESXi Licensing from Dell for the Police Department, in an Amount Not to Exceed$43,452.20, 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 Chief Information Officer Derrick Arias reported noting that this is part of the forfeiture funds purchase to upgrade the Police Department's infrastructure upon which all their automated systems run. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-2004 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving Appointments to the City Advisory Committee for Calendar Year 2013;Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported noting the members were decreased from ten to seven members and appointed for one year. The members appointed are Dana Goldman as Chairperson, Dennis Stubbolo, Mariana Talalaevsky, Suzanne Spiliotis, Ari Steiger, Arlene Koenig, and Howard Gordon. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2005 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Charter Revision Commission;Providing for the Appointment of Members to the Charter Revision Commission; Providing for Submission of Proposed Charter Amendments to the City Commission; Providing for an Effective Date. Action: City Clerk Hines read the title and reported noting the members appointed are Lewis J. Thaler as Chairperson,John Rusnak,Jack Cohen,Jorge Camaraza, and Erica Chao. The Charter Revision Commission is required to commence work within 45 days, and must submit any proposed amendments to the City Commission within 90 days or no later than March 20, 2013. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2006 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 9 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving Stipulated Order of Taking Attached Hereto as Exhibit "A" for the Acquisition of Property Located Between 172"d and 174th Streets for the Construction of an Emergency Bridge;Providing the City Manager and 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 City Attorney Ottinot reported. Public Speakers: None Mayor Edelcup said tonight is an example of why we need to have an emergency bridge on the western end of the City. Many of you have arrived late because of the fact that Collins Avenue is jammed tight and this is why it is essential that we have that secondary bridge. This is one of the steps we are taking to accelerate the development of that bridge with the taking of some submerged land that lies underneath the bridge. The people that owned that submerged land were contesting our right of whether or not we could build that bridge above their land. In order to solve that problem the law provides us to take that land under eminent domain and that is what this is all about tonight. Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2007 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Terminating a Declaration of Restrictions and Grant of Easement Provided Pursuant to the Site Plan Approval of the Paramount Project Located at 16875-16901 Collins Avenue,Attached Hereto as Exhibit"A"; 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 City Attorney Ottinot reported noting that this is a housekeeping item. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2008 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Establishing Guidelines for the Continued Participation of Retired Elected Officials in the Affairs of 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: A revised Resolution was distributed prior to the meeting]City Clerk Hines read the title, and Mayor Edelcup reported recommending the Commission approve the following guidelines: they will be given City ID cards with the notation of "retired"on them;invitations to at least two select City sponsored events each year;a parking 10 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida pass for municipal parking lots; and upon their request they will receive copies of City Commission meeting agendas. Public Speakers: None Commissioner Levin moved and Vice Mayor Aelion seconded a motion to approve the resolution,as amended. Resolution No.2012-2009 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Revised Sexual and Other Harassment Policy Attached Hereto as Exhibit"A";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 City Attorney Ottinot reported. Public Speakers: None Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2012-2010 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Recognizing Philanthropists Stephanie and Jules Trump,Eddie Trump and Acqualina Resort and Spa for Donating$50,000 to the Sunny Isles Beach K-8 Trust Fund to Support College Scholarships for High School Students Residing in Sunny Isles Beach;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's Note:A revised Resolution was distributed prior to the meeting.]City Clerk Hines read the title, and Mayor Edelcup reported and presented a Certificate of Appreciation which was accepted by Rick Chitwood. Public Speakers: Rick Chitwood; Lewis J. Thaler Former Vice Mayor Lewis J. Thaler as the head of the Sunny Isles Beach K-8 Trust Fund thanked everyone and noted that this$50,000 takes the Trust Fund over$500,000 in four(4) years. These scholarships that will be given to those graduating students living in Sunny Isles Beach will be given in the name of our Mayor Norman S. Edelcup and will run for approximately five (5) years. Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution,as amended. Resolution No.2012-2011 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 11 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida 10N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Urging the Florida Legislature to Amend the Florida Clean Indoor Air Act to Expressly Allow Local Regulation of Smoking and the Possession of Tobacco Products in Municipal and County Parks and Recreation Areas;Directing the City Clerk to Transmit a Copy of this Resolution to Members of the Florida Legislature; 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 Commissioner Gatto reported noting that this Resolution is urging the Florida Legislature to amend the Florida Clean Indoor Air Act to allow municipalities to make their own regulations of tobacco use in parks and recreation areas. It is a small step but an important one to combat the dangers of secondhand smoke. Public Speakers: None Commissioner Levin moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2012-2012 was adopted by a voice vote of 4-0-1 [Commissioner Scholl absent] in favor. 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Noise at Skate Park: Rachel Beyda said it has been two years and she doesn't see any sign that anything is being done about this issue. She said she had 25 signatures on the board of her Building (Winston Towers) and somebody ripped it off, she wanted to bring it here tonight. Public Speakers: Rachel Beyda; Mr. Snyder Mayor Edelcup said that we have had some studies and are ruling out certain attempts to be able to mitigate it,and most recently we have hired a new City Manager who is now trying to formulate some ideas for a solution that may modify or reduce the sound at the Skate Park. City Manager Russo said he has just started to move in that direction,and he will be working with Commissioner Gatto and our staff that deals with running that Skate Park. One of the first things he will do besides the ideas that they will be looking into, is meeting with the people who did the sound study. He noted that he has been to Ms.Beyda's apartment to hear the noise from the Skate Park. 12 Summary Minutes:Regular City Commission Meeting December 20,2012 City of Sunny Isles Beach,Florida 14. ADJOURNMENT Mayor Edelcup noted that there is cake and coffee celebrating the Kiwanis 55th Anniversary, and he adjourned the meeting at 7:45 p.m. Respectfully submitted by: Approved by the City Commission on Jan. 17, •113 • 4VA/ Jane A. Hines, CMC, City Clerk o an S. Ede cup, Mayor =f 13 Preview Page 1 of 1 ��5�^`e'f� City of Sunny Isles Beach lik` 18070 Collins Avenue u ' ales, = Sunny Isles Beach,Florida 33160 • A Y M yr °D, F`oK�TM,�o*y�� (305)947-0606 City Hall °')'r o: sot+ ''`'° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 1/17/2013 RE: Summary Minutes for the December 20, 2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the December 20, 2012 Regular CIty Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes http://sibagenda.sibfl.net/Agenda/Preview.aspx?ItemID=95 5&MeetinglD=O&MeetingDate... 1/8/2013