HomeMy WebLinkAbout2013-0117 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, January 17, 2013, 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 6:40 p.m. [following a Workshop] 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 Manager Stan Morris
Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE
Action: Commissioner Scholl led the Pledge of Allegiance to the flag.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting— December 20, 2012.
Action: Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of5-
0 in favor.
3B. Special City Commission Meeting—January 8; 2013.
Action: Vice Mayor Aelion 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.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Revised: Item 10A. Cover Memo and Attachment "A" re: Calvin
Giordano &Assoc.; Add-On: Item 12A. Discussion re: Use City Hall as Early Voting Site.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting January 17,2013 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
5A. Annual Report on the "State of the City" by Mayor Norman S. Edelcup.
Action: Mayor Edelcup read the State of the City Address into the record. He reviewed the
significant events that took place in 2012,and stated that the City continues to be very secure
and financially strong. According to the Miami-Dade County Tax Assessor's Office,
property values in Sunny Isles Beach excluding new construction increased overall from$5.6
Billion to$6.2 Billion. In the nine years that he has been Mayor,our taxable property values
have risen from $2.5 Billion to$6.3 Billion, at an increase of 248%. Our millage rate of$2.8
per $1,000 of taxable value has decreased by 3% from the prior year. The rate is 16% less
than the 3.35 millage rate we had in 2003 when he first became Mayor. For our 15th year of
incorporation a book was published called "A Source of Community Pride: The Architecture
ofSunny Isles Beach". The author Ellen Uguccioni and photographer David Gartner were on
hand for a book signing, and a copy was presented to the Miami-Dade County Sunny Isles
Beach Branch Library.
5B. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 2011/2012.
Action: Finance Director Minal Shah presented Fiscal Year 2011/2012 Audited Financial
Statements with a clean opinion. She introduced Cindy Calvert,the partner on engagement
from the firm of Keefe, McCullough& Co. LLP,who provided the Commission with a brief
presentation of the City's Financials noting that the City is the first to present its audit. She
said they did not find any significant adjustments or deficiencies that needed to be cured.
She also noted that the Finance Department submitted an application to the Government
Finance Officers' Association for a Certificate of Achievement for Excellence in Financial
Reporting Award for this year's Financial Statements, and noted that the City received the
award for 2010/2011. Mayor Edelcup on behalf of the City Commission thanked Ms.
Calvert and Finance Director Shah and her staff for doing a great job and for delivering the
Audit in a very timely manner.
5C. A Presentation Honoring the City of Sunny Isles Beach, Florida, with the Government
Finance Officers Association (GFOA) Certificate of Achievement for Excellence in
Financial Reporting for Fiscal Year 2010/2011.
Action:[City Clerk's Note: Items 5C and 5D were heard together.] Finance Director Minal
Shah said this is the 2nd time they have won this award which is really the Financial
Statement as mentioned by Cindy Calvert. She introduced her staff, Michael Quesada,
Jennifer Zeradi,Joe Glendale, Elena Pavlova,and noted that Marc Anthony was unable to be
here tonight. Mayor Edelcup on behalf of the Commission thanked her for making this a true
team effort in getting Sunny Isles Beach recognized as being one of the most outstanding
Finance Departments throughout the State of Florida, if not the entire United States. Mayor
Edelcup and the Commission presented them the award and thanked them for doing an
incredible job.
SD. A Presentation Honoring the City of Sunny Isles Beach, Florida, with the Government
Finance Officers Association (GFOA) Distinguished Budget Presentation Award for
Fiscal Year 2011/2012.
Action: Finance Director Minal Shah said this is the 5th year they have received this award
and it is based on how they compiled the information and communicate the information.
Summary Minutes:Regular City Commission Meeting January 17,2013 City of Sunny Isles Beach,Florida
6. ZONING
None
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 244 of the City Code of Ordinances Relating to Ad Valorem Tax Exemption;
Providing for an Additional Homestead Exemption for Certain Low-Income Qualifying
Senior Citizens who are Long-Term Residents to be Applied to Millage Rates Levied by
the City; Requiring Delivery of Ordinance to Property Appraiser; Waiving the Requirement
for Annual Application and Income Statement upon Request by the Property Appraiser;
Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Inclusion in the Code; and Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported noting that qualifying
seniors are entitled to an additional exemption if they are 65 years or older; have legal and
equitable title to real estate located within the City of Sunny Isles Beach with a just value of
no less than $250,000; have maintained their home as a permanent residence for at least 25
years; and have a combined household gross income that does not exceed the income
limitation set forth in State law, which is currently $27,030 and adjusted annually. The
additional exemption is in addition to the $50,000 senior citizens homestead exemption
already allowed. The financial impact to the City is approximately $3,900 annually.
Public Speakers: None
Commissioner Scholl 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 5-
0 in favor. Second reading, public hearing will be held on Thursday, February 21,
2013, at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
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Summary Minutes:Regular City Commission Meeting January 17,2013 City of Sunny Isles Beach,Florida
9. ORDINANCES FOR SECOND READING (Public Hearings)
Sitting in as the Local Planning Agency and the City Commission, to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9A.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending
Section 265-18 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, Attached as Exhibit "A"; Providing for an Effective Date.
Action: [City Clerk's Note: Items 9A.I and 9A.2 were heard together.] City Clerk Hines
read the title.
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. LPA Resolution No. 2013-73 was adopted by a vote of 5-0 in favor.
9A.2 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.
(First Reading 12/20/12)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported the purpose of
this Ordinance is to clarify that any proposed height modification to a previously approved
site plan application requires approval of the City Commission.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the
ordinance on second reading. Ordinance No. 2013-397 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
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Summary Minutes:Regular City Commission Meeting January 17,2013 City of Sunny Isles Beach,Florida
9B. 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.
(First Reading 12/20/12)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported the purpose of
this Ordinance is to amend the rules of procedure to provide specific guidelines for the City
Advisory Committee. He noted there would be no more than six (6) meetings a year.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to adopt the
ordinance on second reading, as amended. Ordinance No. 2013-398 was adopted by a
roll call vote of 5-0 in favor.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Second Amendment to Agreement with Calvin Giordano & Associates, Inc. for
Consulting and Permitting Services for the Emergency Bridge Project to Include a
Topographic Survey for Seagrass Mitigation Areas within the City,in an Amount Not to
Exceed$5,502.00, Attached Hereto as Exhibit"A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager To Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: A Revised Cover Memo and Attachment "A "were distributed
prior to the meeting.] City Clerk Hines read the title,and City Engineer Helen Gray reported
that this is additional services related to the Emergency Bridge to be in compliance with
regulatory requirements from outside permitting agencies.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2016 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting January 17,2013 City of Sunny Isles Beach,Florida
IOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Lease Agreement Between the City of Sunny Isles Beach and Newport Operating
Corporation and Dr. Robert Cornfeld for the Management, Operation and
Maintenance of the Historic Pier, Restaurant Facilities, and Bait Shop in Substantially
the Same Form 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 Russo reported that this is the
result of negotiations between Dr. Comfeld, City Attorney Ottinot and himself.
Fundamentally what they have done is change from what was in the original Letter
Agreement with Dr. Comfeld to an equal operating partner in the ultimate operation of the
restaurant, the bait shop, and the pier access to a straight lease. Dr. Comfeld will be fully
responsible for the build-out of the restaurant space, the bait shop, and the operation of the
pier access.
Public Speakers: None
Vice Mayor Aelion said that they had been charging a cap of$5 on all residents,has the City
determined the resident's fee? City Manager Russo said no, it has not been discussed yet.
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-2017 was adopted by a voice vote of 5-0 in favor.
IOC. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
an Agreement with Ellen J. Uguccioni to Serve as Consultant to the City of Sunny Isles
Beach Historic Preservation Board; Providing the City Manager 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 that Ellen
Uguccioni has served in the past as a consultant to the Historic Preservation Board. Due to
the absence of Richard Schulman she has agreed to work as liaison to the Board. The City
has agreed to pay her a maximum fee of$500 per meeting, and generally the Board meets
three (3) or four (4) times per year.
Public Speakers: None
Commissioner Scholl questioned if we need a Consultant, and Mayor Edelcup said he
questions it as well, however, the Historic Preservation Board only meets when they are
called to do business. City Attorney Ottinot said the Board also needs to file a report with
the County annually.
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2018 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meetine January 17,2013 City of Sunny Isles Beach,Florida
10D. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
Utilizing the Sunny Isles Beach Government Center as an Early Voting Site; 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: See additional action below under Item 12A.J City Clerk Hines
reported.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013-2019 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Add-On:
Discussion regarding Using City Hall as an Early Voting Site in Sunny Isles Beach.
Action:[City Clerk's Note:See additional action above under item IOD.] City Clerk Hines
reported that the County is asking municipalities if their City Halls can be used as an early
voting site. The law states that only City Halls or Libraries can be used to conduct early
voting.
Mayor Edelcup said it is a good proposal and he would hope that we can give them the okay
and that they would actually do it because of all of the problems that we were confronted
with at the last election. There were not enough early voting sites and of course ours is in
Aventura. Having it locally would be a much better option for the citizens of Sunny Isles
Beach, and so he is in favor of doing it.
Vice Mayor Aelion said the parking issue is a little bit of a concern because when a general
election comes, it is a mob. Does the City have the facility to accommodate a tremendous
amount of parking? Mayor Edelcup said what we can do on an election day is that we do
have other areas around the City where we can park public vehicles. For that particular
voting he would recommend that the City Manager look at perhaps relocating vehicles that
otherwise would be parked there to other areas in the City to free up parking here. City
Manager Russo said that is correct, and that we may be able to make arrangements with a
couple of our neighboring property owners that have parking garages also.
Commissioner Gatto asked if it was confined to City of Sunny Isles Beach residents,and the
Commission said no. Commissioner Scholl said he knows some folks that went down to
Miami Beach where it was less crowded than Aventura,only because it was so onerous to go
to the spot that was closest to Sunny Isles Beach. He thinks if we offer it,people will use it,
and it will be probably confined to our residents because it is most convenient.
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Summary Minutes:Regular City Commission Meeting January 17,2013 City of Sunny Isles Beach,Florida
Vice Mayor Aelion said if the adjacent municipalities have been approached, are they also
entertaining similar ideas to be able to expand the early voting places in which case it is
going to really mitigate this concern. Mayor Edelcup said there are 34 municipalities in
Miami-Dade County and he assumes that they are all being asked, and City Clerk Hines
confirmed that was the case. Commissioner Scholl said under any circumstances we have to
mitigate our own area.
Commissioner Levin asked how many days it would be, and Mayor Edelcup said it is eight
(8) or more days depending on what the State Legislature is going to do. Commissioner
Scholl said the bottom line is that we should recommend to go ahead and offer our City Hall
as a site and then we will deal with the logistics as it comes.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
'Mayor Edelcup adjourned the meeting at 7:16 p.m.
7.Respectfully"submitted by: Approved by the City Commission on Feb. 21, 2013
'0Jane';A.:Hines. CMC, City Clerk No an S. Edelcup, Mayor
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Jane A. Hines, CMC, City Clerk
DATE: 2/21/2013
RE: Summary Minutes for the January 17, 2013 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the January 17, 2013
Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Summary Minutes
http://sibagenda.sibfl.net/Agenda/Preview.aspx?ItemID=968&MeetinglD=O&MeetingDate... 2/11/2013