Loading...
HomeMy WebLinkAbout2013-0221 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, February 21, 2013, 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 6:30 p.m. 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 / INVOCATION Action: Finance Director Mina! Shah 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. Regular City Commission Meeting—January 17, 2013. Action: Commissioner Scholl 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. 3B. Special City Commission Meeting—January 30. 2013. 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 of 5- 0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Add-On: Item 10M. Contribution to Alonso& Tracy Mourning Senior High; Item ION. Design/Build Agreement with 4M Investor re: Gateway Park; Withdrawn: Item 12A. Discussion re: Gateway Park. 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 February 21,2013 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. City Commission Employee Recognition Program: Certificates of Appreciation to be Presented to the Following City Employees: Desiree Liguori, Officer Oneida (Patty) Gonzalez, and Evelyn Trammell. Action: Mayor Edelcup reported that Desiree Liguori,Administrative Coordinator of Code Enforcement and Licensing Division, Police Officer Oneida (Patty) Gonzalez, and Evelyn Trammell, Administrative Assistant to Cultural and Community Services Director, 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. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING • 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2012-391; Amending the City's Budget for the 2012-2013 Fiscal Year— General Fund, Building Fund, Streets Fund,2010 Capital Projects Fund,Stormwater Fund, and Capital Improvement Projects Fund; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; Providing for an Effective Date. Action: City Clerk Hines read the title,and Finance Director Minal Shah reported noting the most significant adjustments include the recognition of the $2.9 Million Dollars surplus in the General Fund of which $2 Million Dollars will be transferred to the Capital Projects Fund. The other significant adjustment is to the Fishing Pier Project based on recent Commission decisions. Public Speakers: None Commissioner Scholl moved and Vice Mayor 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, March 21, 2013, at 6:30 p.m. Vote: Commissioner Gatto Yes Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion ves Mayor Edelcup ves Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach. Florida; Repealing Ordinance No. 2005-227 regarding Early Voting; 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. Public Speakers: None Mayor Edelcup noted that there would be early voting for local elections since they tie in with National or County Elections. Previously our elections did not coincide with those Elections. 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 5- 0 in favor. Second reading, public hearing will be held on Thursday, March 21, 2013, at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup ves 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach. Florida.Amending Chapter 265, Section 46 of the Code of Ordinances to Provide for Additional Regulations for Mechanical Parking; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title. and City Attorney Ottinot reported. Public Speakers: None • Commissioner Levin moved and Vice Mayor 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, March 21,2013, at 6:30 p.m. Vote: Commissioner Gatto ves Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion ves Mayor Edelcup ves 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 3 Summary Minutes:Regular City Commission Meeting February 21.2013 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 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. (First Reading 01/17/13) Action: City Clerk Hines read the title,and Mayor Edelcup reported noting that the financial impact to the City is approximately $3,900 annually. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to adopt the ordinance on second reading. Ordinance No. 2013-399 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, Reappointing Maurice Donsky, Esq., Rafael E. Suarez-Rivas, Esq., and Ellen Lavin, Esq. as Special Masters, for a Period of One Year, in Accordance with City Code Section 14-3; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013-2022 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 Purchase of Additional Equipment from DELL Needed for Fiscal Year 2012/2013, in an Amount of $13,291.11, Bringing the Total Amount Not to Exceed to $65,000.00; Authorizing the City Manager to Do All Other 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. 4 Summary Minutes:Regular City Commission Meeting February 21.2013 City of Sunny Isles Beach,Florida Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013-2023 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. Awarding, Request for Proposals (RFP)No. 12-10-03; Authorizing the City Manager to Negotiate and Enter into an Agreement with Sports Turf One,Inc.to Furnish and Install Artificial Turf in the Senator Gwen Margolis and Pelican Community Parks; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Manager Russo reported noting this would be in an amount of approximately$910,742. There is an authorization here for$1.1 Million Dollars to accommodate not only the turf in the Senator Gwen Margolis Park Soccer Field and the field in Pelican Community Park but also the playground area of the Town Center Park. It is also for the engineering that goes into this project, the drainage, and lighting for the Margolis Park. The engineering will take a while which is why we needed to get this awarded as soon as possible in order to have these Parks ready by the next school season. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013-2024 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2012-1915 Appointing Members to the Historic Preservation Board for a Two-Year Term; Accepting the Resignation of Janet Cini; Confirming the Appointment of John A. Rusnak; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013-2025 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,Ratifying the Approval of the First Amendment to Agreement with Iron Sky, Inc. for the Purchase and Installation of an Automated License Plate Recognition System (ALPR),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 noting that we waived the Performance Bond required in the RFP in lieu of not paying any money until the project is totally completed and accepted. At that point we will pay 90%and then we will pay 10% after the six-month testing period. 5 Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013-2026 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, Awarding RFP No. 12-04-05 to and Entering into an Agreement with Keith and Schnars,P.A.for Utility Undergrounding Consultant Services for Phase 1 for Collins Avenue, in an Amount Not to Exceed$54,680.00,Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Engineer Helen Gray reported noting that it also includes some investigation of the existing streetlight facilities since we have had persistent problems with the lighting. • Public Speakers: None Vice Mayor Aelion asked if FPL requires a pre-agreement for a certain scope of work or are they working in tandem with them? City Engineer Gray said FPL has furnished a ballpark estimate and we will pay a deposit for them to begin working on the project. We have already met with FPL and the Consultants regarding the preliminary issues. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013-2027 was adopted by a voice vote of 5-0 in favor. 106. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing the City Manager to Expend up to $45,000.00 with Bonnie Bennett to Provide Marketing Design Services for the Cultural and Community Services Department; Further 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 noting that this is for the entire City. Bonnie Bennett has designed our"Florida's Riviera" branding and everything she does for us has a similar look. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the • resolution. Resolution No. 2013-2028 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to the Agreement with Sugars Drop Shop for Concessionaire Services at the Skateboard Park Located in Town Center Park, with a Monthly Rental Rate to be Paid to the City of$350.00 for a Period of One Year, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 6 Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title, and City Manager Russo requested that this item be withdrawn at this time as he has a number of issues that he needs to review prior to renewing the Agreement. Meanwhile we can go on a month-to-month basis. Public Speakers: None Commissioner Gatto said the Skate Park was designed with the concept to keep our youth off the streets. She checked into the liability waivers that were filed and it revealed that 80%are not from Sunny Isles Beach. Out of 343 liability waivers only 73 (20%) of them were residents of our City. She would like to see this contract limit the skaters to Sunny Isles Beach residents only as it was initially intended. There are skateboarders all over the City, using sidewalks.North Bay Road,the area around Pelican Community Park, and outside the skate session at Town Center Park. She passed around a photograph of skateboarders launching off of the steps in front of the TD Bank on Collins Avenue with no head gear. The vendor had a skateboard exhibition without a permit with about 75 kids watching it,they said it was spontaneous. Also,they modified the Park by putting up a temporary jump bar which is breaking their contract. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to withdraw this item. The motion was approved by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Selection of Cigna as the Provider for Employee Health and Dental Insurance; EyeMed as the City's Provider for Vision Care; Mutual of Omaha as the Provider for Life Insurance,Accidental, Death & Dismemberment(AD&D) Insurance,Long Term Disability Insurance,Voluntary Short Term Disability Insurance, and Voluntary Life Insurance,for a One-Year Period; Authorizing the City Manager to Enter into Agreements with these Providers, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further 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 Human Resources Benefits Administrator Yael Londono reported noting that our Insurance Brokers Brown&Brown went through extensive negotiations with various providers. Brown & Brown as well as staff recommends that we select Cigna as the City's provider for Employee Health and Dental Insurance Plans with a decrease in cost saving the City $40,000. We are also recommending to stay with EyeMed for vision care, and Mutual of Omaha for life insurance policies. Public Speakers: None Mayor Edelcup noted that you also had meetings with employee groups and they were in favor of making the change, and Ms. Londono said that is correct. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-2029 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for an Extension of Payments for Development Rights Purchased Under the Bonus Density Program;Approving a Promissory Note in Substantially the Same Form Between the City of Sunny Isles Beach and 18555 Developers,LLC.Commonly Called the"Porsche"Project; 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 that the extension of payment is in the amount of$3.818,880.00 with an annual interest rate of 5%, which is required to be paid at the time of issuance of a Master Building Permit or on December 1; 2013, whichever occurs first. The Finance Director has reviewed this request and has no objections. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013-2030 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida.Approving the First Amendment to the Agreement with Protection One for Maintenance and Monitoring of the Burglar Alarm and Access Controls for the Public Works Modular, in an Amount Not to Exceed $6,476.68, Attached Hereto as Exhibit"A"; Authorizing the Mayor to Execute Said Amendment; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Bill Evans reported. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013-2031 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the First Amendment to Agreement with Lukes-Sawgrass Landscaping,Inc.for Additional Landscaping Services, in an Amount Not to Exceed$400,000.00,Attached Hereto as Exhibit "A";Authorizing the Mayor to Execute Said Amendment;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Bill Evans reported noting that one of the main items is taking over the responsibility of some of the street trees that were placed for the Sidewalk Improvements Program and the Collins Avenue Program which is broken up into two sections: Maintenance, and Capital Improvements. City Manager Russo pointed out a major maintenance addition of the Medjool Date Palms which were not added to our maintenance program. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013-2032 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida 10M. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Charitable Contribution to Alonzo and Tracy Mourning Senior High,in the Amount of S1,500.00,for the School's Television Production Program;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Distributed prior to the meeting.] City Clerk Hines read the title,and Mayor Edelcup reported that these students attend City events and compiles a set of news segments to broadcast on their weekly show, WSRK Shark News. These students now have an opportunity to attend the Student Television Network Convention in Los Angeles. California to compete at the national level, providing national recognition of the high quality education available to our residents. The students,led by their teacher Victor Fernandez,will also produce up to 10 short video production pieces that would be aired on SIBTV 77. Public Speakers: None Commissioner Gatto noted that some of the students interned in Mike Tribby's area and they were fantastic and highly professional, even their on-air demeanor. Their teacher Mr. Fernandez has brought that Department up to a very high level. Commissioner Gatto moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013-2033 was adopted by a voice vote of 5-0 in favor. ION. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager and the City Attorney to Negotiate Within Fifteen (15) Days of Approval of this Resolution a Separation/Settlement Agreement to Terminate the Design/Build Agreement between the City and 4M Investors,LLC. ("Contractor")for the Gateway Park, Parking Garage and Pedestrian Bridge (the "Project") if the Contractor Fails to Provide a Guaranteed Maximum Price for the Project in an Amount Not to Exceed $20 • - : •• : • - ! -- - • - -.. • -- • • -- ..- - ;Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Distributed prior to the meeting.] City Clerk Hines read the title, and City Manager Russo reporting noting that the City and the Contractor were unable to negotiate a Change Order to proceed to complete the project within the allocated $20 Million Dollar budget. We are not even able to maintain the current contractual program as directed by the City Commission originally. Therefore at this time our recommendation is to be given the authority to take all actions necessary to terminate the contract. Public Speakers: Steven Hellman, Esq. Steven Heitman, Esq. representing the Milton family said they are disappointed that they are here at this point as they have a tremendous amount of time,money and effort invested into this project. They understand you want to make substantial changes to the project but the limitations you have placed on your request cannot be met. They wish the City good luck, they are anxious to see a beautiful project there, they have designed a beautiful project but 9 Summary Minutes:Regular City Commission Meeting February'21,2013 City of Sunny Isles Beach,Florida they cannot build it for the price that the City has set. They think that with the$18.5 Million Dollars which is a credit for which the City has already paid, they can provide substantially everything that the City wants. Mayor Edelcup said that we are disappointed as well, all this time has elapsed and we have not been able to'reach a point where we can go forward. We have no choice since the City Manager has recommended termination, and the City does have the right of termination for convenience, and since the Contractor sees inability at this point to be able to do it for the $20 Million Dollar budget that we have set, he thinks we should give the City Manager the appropriate time to conclude the contractual arrangements which calls for at least a two-week period to work out the differences. If nothing can be achieved in that period of time then the only other alternative is to go out for re-bid to see if we can get the price that has been suggested to us. He encourages the Contractor to be in on any possible new bid if that is the avenue he takes. City Attorney Ottinot said in terms of the City's rights,the contract speaks for itself,the City has a right to terminate for convenience but has to give the Contractor a "cure period" and during that period see if matters can be resolved. Commissioner Gatto noted that she did meet with Joe Milton and one of the points she had was the issue on the bridge, she thinks it is fair to give the Milton's the two-week window but that we also need to move on and make a decision of what we want to do. Vice Mayor Aelion asked that if we go out to re-bid that he would like some assurance of the same parameters that we have now. City Manager Russo assured the Vice Mayor that yes it will be the same parameters, and yes it will be bid. We had numerous meetings with our outside Consultants, we have reviewed these numbers with them, and we will get the best possible price. City Attorney Ottinot said for the record that the Contractor has a right to cure. Commissioner Levin said the design/build contract was amended to include a bridge and we already have an agreed upon price to do the whole project subject to the changes that the Commission requested for the Garage. It is her understanding that the Contractor now wants to remove the bridge from the contract, and that cannot be done unless we agree to it. She agrees that the City Manager and City Attorney be given the right to terminate the contract and work with the Contractor to see if anything can be resolved during the cure period. Commissioner Scholl has had several conversations with the developer, the consultants,and staff and like all things that are contested there are two sides to every situation. On one hand the Contractor pulling out the bridge for convenience, on the other hand we asked for a substantial change to the original contract which creates a big opening for the Contractor to modify the original numbers. How those numbers get modified is probably the biggest point of contention, under any circumstances we have a substantial difference. He is not in favor of unbundling the bridge, he believes part of our original attraction to the Contractor and to the deal was the fact that the bridge was bundled in there,and from our standpoint the bridge is a very important design element. He thinks the bridge was unbundled to meet our budget but at the same time we created the budget to have the bridge. He feels we need to go back to the Contractor and make it clear that we don't want to unbundle the bridge, with an eye toward flexibility on both sides. He would recommend that we push that date a couple of 10 Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida weeks and he doesn't want to get into a cure period yet. If we do break the agreement with the Contractor, we won't necessarily have a design/build agreement which leads us to additional exposure based on change orders and other unforeseen circumstances that happen when we go to a competitive bid process. Steven Helfman said that the bridge seems to be an issue and it was part of the original agreement. One of the things that became apparent very early on in the process is that there were certain critical aspects of getting that bridge built. Including the fact that certain right- of-way needs to be acquired before the building of the bridge, land where the people are going to get off, the relocation of utilities, air rights agreements, etc. We have no control over that and, while we can come up with the design,we are unable to build the bridge. You don't have the ability to build a bridge and you need to secure for us these various rights. The reason we are not including the bridge is for convenience to try to get to your number but primarily because we don't want to be contractually obligated to build a bridge for you that we know today that we will not be able to deliver. We are not going to be able to build it, and depending on what you do between now and when you pick the next contractor they might not be able to build you a bridge either. The reason we are not including the bridge is because to some extent we wanted to come within your budget,and to a great extent we don't want to contract to do something that we know we can't perform. Vice Mayor Aelion noted that the bridge was in the original contract and your people knew about these same issues you are raising now, those issues were addressed, and you were comfortable in signing that agreement. Mr. Hellman said in their disclosure it says the price of this bridge including the ability to build it is dependent on the acquisition of right-of-way. Vice Mayor Aelion said which our City Attorney made it clear time and time again that that issue would not be a problem, and Mr. Hellman said well, it is a problem. Mr. Hellman said on the issue of cure, he is not sure what is going on here because this concept of cure sounds like you are going to give us a chance to cure what? Mayor Edelcup said that the contract says when we terminate you have 14 days to cure whatever the cause to claim as the termination reason. Mr. Helfman said he thought the termination reason was in the resolution, and so you are demanding if we don't build this project you will put us in default and give us a chance to do it. City Attorney Ottinot said the contract provides the City with the right to terminate and we provide the required notice, your client has a right to cure. We are just following the procedure, and you will receive a formal letter from the City Manager. Mr. Helfman said you need to get the project done, don't wait the 14 days. Commissioner Levin asked if the bid was part of the contract, and Steve Helfman said yes. City Attorney Ottinot said to make it clear, there was an original price of$10.7 Million Dollars, and the Commission added new amenities which included the bridge and the price of the bridge came from the Contractor. The Commission agreed to the price in the contract currently of$2.1 Million Dollars. Steve Helfman said we knew these conditions and we made this City aware of them and they have been persistent since the first day but we are prepared to go forward and have been since July. The only reason this project has slowed down is because since July there have been numerous requests to change the project. You don't need to try to put us in default,we are willing to negotiate a separation agreement and then we are done. We want to see you move forward with this project, if we can't build it for you for the price that you want, get 11 Summary Minutes:Regular City Commission Meeting February 21,2013 City of Sunny Isles Beach,Florida somebody else. We are happy to sit down and work out some mutual release. You know our proposal and we cannot build the bridge, and we cannot build what you want, the entire package for the number that you want. We cannot meet those prices. City Attorney Ottinot said he wants to make it clear, on behalf of your client that you are making a proffer that you are willing to work out a separation agreement with the City. We want to resolve this matter as soon as possible but in an amicable fashion if that is the position you are taking. Steven Helfman said yes,he would hope so,going through default is not the way to do it. City Attorney Ottinot said he is going back to the statement that Mr. Helfman made a few minutes ago where you indicated to not put your client into default, in lieu of default that you want to take steps for a separation agreement. If that is the case and you are agreeing to that tonight, and the Commission accepts that proffer, then he and the City Manager would like to work out that resolution. Mayor Edelcup said then to change the resolution to direct the City Manager and the City Attorney to negotiate a separation agreement with the Contractor within a time limit so we can move forward and get this project moving. City Attorney Ottinot said a time limit of fifteen (15) days. Commissioner Scholl moved a motion to enter into a negotiated Separation Agreement with the Contractor within the next 15 days (March 8, 2013). If we can't resolve it in 15 days, then we will take the next appropriate step at the recommendation of the staff. Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution,as amended. Resolution No.2013-2034 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Gatto ves Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion yes Mayor Edelcup ves 11. MOTIONS None 12. DISCUSSION ITEMS 12A. A Discussion regarding Gateway Park. Action: Withdrawn. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 12 Summary Minutes:Regular City Commission Meeting Febmary 21,2013 City of Sunny Isles Beach,Florida 14. ADJOURNMENT • Mayor Edelcup adjourned the meeting at 7:33 p.m. • RespectfullS' submitted by: Approved by the City Commission on March 21,2013 _ l �/O{'/111 4 �` �G�� Jane Ai Hines. CIyIC, City Clerk Nc�man S. Edelcup, Mayor i 13 Preview Page 1 of 1 `'oNNY isle City of Sunny Isles Beach a r ► 18070 Collins Avenue F :}. ,.. , Sunny Isles Beach, Florida 33160 i '��''"'"�� .J (305)947-0606 City Hall FLOP13%*' (305)949-3113 Fax O� tun MEMORANDUM TO: The Honorable Mayor and City Commission 1 FROM: Jane A. Hines, CMC, City Clerk DATE: 3/21/2013 RE: Summary Minutes for the February 21, 2013 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the February 21, 2013 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes http://sibagenda.sibfl.net/Agenda/Preview.asps?1tem1D=988&MeetinglD=O&MeetingDate... 3/4/2013