HomeMy WebLinkAbout2013-0418 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, April 18, 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 6:30 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 (via conference call) Deputy City Atty Fernando Amuchastegui
• 2. PLEDGE OF ALLEGIANCE /INVOCATION
Action: City Historian Richard C. Schulman led the Pledge of Allegiance to the flag, and
gave the invocation.
Mayor Edelcup gave opening remarks of decorum. [City Clerk's Note: Commissioner Scholl
is present via a conference call, as he is presently out of the State.]
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—March 21, 2013.
Action: Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve
the above mentioned Summary Minutes, as amended. 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. Declare Public Purpose of Property for
"Northside Bridge Landing Parcel".
Action: Mayor Edelcup noted the above change to the agenda.
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
above change to the agenda. The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
5A. Presentation to Shayaan Subzwari, a Student at the Norman S.Edelcup Sunny Isles Beach
K-8 School, who won the 73rd Miami Herald Spelling Bee.
Action: Mayor Edelcup reported. Mayor Edelcup and the Commission presented Shayaan
with a trophy.
Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
•
5B. Certificates of Appreciation to be Presented to the Newly Crowned Miss Sunny Isles Beach
USA 2014 Kristen Little; Miss Sunny Isles Beach Teen USA 2014 Tiffany Rivera; and
Miss Sunny Isles Beach USA 2014 Little Sisters:Anna Shikhimova,Ellyn Gleanco,and •
Mahnaz Carroll.
Action: Commissioner Gatto reported. Mayor Edelcup and the Commission presented
Certificates of Appreciation to the pageant winners.
5C. A Proclamation Declaring May 25,2013,as"National Missing Children's Day"in the City
of Sunny Isles Beach.
Action: Mayor Edelcup reported, and the City Clerk will mail the Proclamation to
representatives of National Missing Children's Day.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
None
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Chapter 108 of the City Code Relating to Beaches to Prohibit the Removal of Beach Sand
from Private Property Without a City Permit and Except Pursuant to Guidelines
Established by the State of Florida; Providing for Severability; Providing for Repeal of
Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective
Date.
(First Reading 03/21/13)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Vice Mayor Aelion asked what the step is to allow the extra sand to be disbursed outside the
coastal line or is it regardless it has to remain within the property? City Attorney Ottinot said
it is based on the DEP Permit,and any sand placed on the sand outside the property line must
be permitted by DEP. In order to place any sand outside any coastal property on the beach
DEP will provide the permission and also provide the area where the sand must be placed,
and we will address that in the Ordinance.
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to adopt the
ordinance on second reading, as amended. Ordinance No.2013-403 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 April 18,2013 City of Sunny Isles Beach,Florida
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 2.4 "Qualifications"; Amending Section 3.2 "Powers and Duties of the City
Manager"; Amending Section 7.4 "Charter Revision"; Amending Section 7.8 "Fire Rescue
Service";Amending Certain Sections for Clarification Purposes and to Correct Grammatical
Errors;Providing for Requisite Ballot Language for Submission to the Electorate;Providing
for Copies of the Charter Amendments to be Available for Public Inspection;Calling for a
Special Election on the Proposed Charter Amendments to the City Charter to be Held on
Tuesday, June 4, 2013; Providing for Notice of Election; Providing for Balloting and
Election Procedures; Providing for Severability; Providing for Inclusion into the Charter;
Providing for an Effective Date.
(First Reading 03/21/13)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that
Amendment 5 is eliminating the mandatory requirement to use Miami-Dade County Fire
Department for fire and rescue services. He emphasized that this is only eliminating the
mandatory requirement,it does not mean we are moving away from the Miami-Dade County
Fire Department.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to adopt the
ordinance on second reading. Ordinance No.2013-404 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
9C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Issuance of a Stormwater Utility Revenue Refunding Bond,Series 2013,of the City of
Sunny Isles Beach, Florida in a Principal Amount of$4,450,000.00 for the Purposes of
Financing,Together with Other Available Funds of the City,the Refunding and Redemption
of the City's Outstanding Stormwater Revenue Bond, Series 2002,and Stormwater Revenue
Bond, Series 2010, and Paying Certain Costs of Issuance; Determining the Need for a
Negotiated Sale of the 2013 Bond to Branch Banking and Trust Company;Providing for the
Terms and Payment of the 2013 Bond and for the Rights, Remedies and Security of the
Owners Thereof; Making Certain Covenants Relating to the Issuance of the 2013 Bond;
Designating the 2013 Bond as a"Qualified Tax-Exempt Obligation"Within the Meaning of
Section 265(b)(3) of the Internal Revenue Code of 1986, as Amended; Authorizing the
Proper Officers of the City to Do All Other Things Deemed Necessary or Advisable in
Connection with the Issuance of the 2013 Bond; and Providing for an Effective Date.
(First Reading 04/09/13)
Action: City Clerk Hines read the title, and Finance Director Minal Shah reported, noting
that this represents an overall savings to the City of$650,000.00.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to adopt the
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Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
ordinance on second reading. Ordinance No.2013-405 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,Authorizing
the Purchase of Seven(7)Police Vehicles,One(1)Ocean Rescue Vehicle and Associated
Emergency Equipment and Lighting,in an Amount Not to Exceed$283,776.00,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.
Public Speakers: None
Vice Mayor Aelion asked if these were additional vehicles or replacing existing vehicles?
Captain Grandinetti said these will be replacements, and once these are on the road we will
be selling the surplus vehicles.
Commissioner Gatto moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013-2041 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,Approving
an Agreement with Shorty's Bar-B-Q for Catering Services for the City's Annual
Anniversary Celebration, in an Amount Not to Exceed $33,055.00, 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 Cultural and Community Services Director
Susan Simpson reported noting the event will take place on Sunday,June 16,2013 at Town
Center Park. Make sure you have your resident I.D.card because if you do not,you will have
to pay $5 per person. She also noted that on Saturday, June 15, 2013 is the Sunny Isles
Beach/Newport Pier Grand Opening at Pier Park from 6:30 p.m.to 9:30 p.m.with fireworks.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2042 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Zoning Resolution No.09-Z-119 to Require Additional Contribution from Arie Sunny
Isles Inc. for the Use of Two (2) Parking Spaces in the Municipal Parking Garage
Located on Sunny Isles Boulevard;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 Planner Claudia Hasbun reported. She said
in case the developer finds a feasible location for any additional parking spaces within their
garage, if they can have a refund of any of the parking spaces.
Public Speakers: None
Mayor Edelcup said we can handle this as a conditional request for approval,and at the time
of actual construction, that condition will either be accepted or waived. City Attorney
Ottinot said the developer will apply for his Building Permit,and at that time we will know if
he needs it or not. If he does not need it, he does not have to submit the money. Mayor
Edelcup said then that we will approve this conditionally and that condition will be resolved
when he comes in for his permit. City Attorney Ottinot asked the City Clerk to amend the
Resolution that it is a conditional requirement, if he doesn't need the parking spaces at the
time of the Building Permit, then he does not have to submit the $40,000.
Vice Mayor Aelioi moved and Commissioner Gatto seconded a motion to approve the
resolution,as amended. Resolution No.2013-2043 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,Designating
One Registered Voter,Emanuel Pine, Who Shall Serve With the City Manager and the City
Clerk as the Canvassing Board for the Special Election to be Held on Tuesday, June 4,
2013; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-2044 was adopted by a voice vote of 5-0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Deductive Change Orders No. 8-12 to Agreement with Shoreline Foundation,Inc.for the
Newport Fishing Pier Demolition and Construction Project, in a Total Amount of
$273,808.32, 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 Assistant City Manager Bill Evans reported.
Public Speakers: None
Commissioner Levin moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013-2045 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Utilize General Consulting Firms on the Approved List to Provide
Professional Engineering and Surveying Services for Various Citywide Projects, in an
Amount Not to Exceed$100,000.00,Provided that Contracts with the Consulting Firms are
Reviewed and Approved by the City Attorney; 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 Hines read the title,and City Engineer Helen Gray reported noting that a
sunset clause had been added that the City Manager's authority would expire on October 1,
2014.
Public Speakers: None
Vice Mayor Aelion asked if it had a cap,and City Engineer Gray said it is accumulative,and
it is aggregate.
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution,as amended. Resolution No.2013-2046 was adopted by a voice vote of 5-0 in
favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
an Agreement with Toshiba Business Solutions for Managed Print Services, in an
Amount Not to Exceed$10,000.00;Utilizing the City of Coconut Creek Contract No. 12-01-
10-10; Authorizing the City Manager to Execute Said Agreement and 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 the City will be saving 40% in print toner costs.
Public Speakers: None
Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013-2047 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
Agreements with Microsoft for Computer Software Licensing,Attached Hereto as Exhibit
"A"; Authorizing the City Manager to Execute Said Agreements and 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 will bring all our servers up to date,and about 50%of our desktop
PCs to a current office version.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-2048 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Approve the Expenditure in an Amount Not to Exceed $53,000.00 to
Software House International(SHI),the Contracting Microsoft Affiliate for the Purpose of
Obtaining Microsoft Software Products,Attached Hereto as Exhibit"A",by Utilizing State
of Florida Contract No. 252-001-09-1; 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 Chief Information Officer Derrick Arias
reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2013-2049 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Purchase of Additional Equipment from DELL for Fiscal Year 2012-2013, in an
Amount of $103,000.00, Bringing the Total Amount Not to Exceed to $168,000.00;
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,noting that this covers the upgrade of server infrastructure for City Hall comparable
to what was approved in December for Police infrastructure which is now completed and is
up and running. That is a power savings of approximately 20%of what we were using in the
Police computer room due to the upgrading equipment. It also covers the maintenance on
our storage, as well as PC and laptop replacements. We are going to update about 50%of
the Police fleet,26 laptops in their vehicles,as well as 20%of the aging desktop systems that
we are presently using throughout the City.
Public Speakers: None
Mayor Edelcup said then that the used equipment can be donated to someone who could use
them, perhaps a school. Chief Information Officer Arias said the used equipment will be
brought before the Commission for donation at the next meeting once we have completed the
inventory of all of that equipment.
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2050 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
an Agreement with Paladin Data Systems(SmartGov)for the Building and Community
Development Departments, to Provide a Permitting and Licensing System, Including
Installation,Configuration,Migration of Existing Data,Training,and Support,in an Amount
Not to Exceed $69,061.00, in Substantially the Same Form as Attached Hereto as Exhibit
"A", by Utilizing Lighthouse Point RFP No. 2012-007; 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.
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Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
Action: City Clerk Hines read the title, and Chief Information Officer Derrick Arias
reported, noting that this system will replace the present system being used by the Building
Department (PTWin32). The Code Enforcement Division and Planning and Zoning
Department will be using this system as well,and so it will integrate those three Departments
into a single unified system. This will greatly enhance their ability to provide efficient
services to our citizens.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2051 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,Amending
Zoning Resolution No. 11-Z-123 to Create a Private Sub-Account in the TDR Bank for
Unused Transfer of Development Rights("TDRs")in the Amount of 1,539 Square Feet and
One (1) Unit; Amending Resolution No. 12-Z-129 to Eliminate the Conditional Grant of
TDRs in the Amount of 15,000 Square Feet of Floor Area and Seven (7) Units for the
Property Located at 18555 Collins Avenue; Directing the Zoning Administrator or
Designee for the Adjustment and Modification of the City's TDRs Bank Account;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,noting this is for
the Porsche project.
Public Speakers: None
Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2052 was adopted by a voice vote of 5-0 in favor.
10M. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Declaring
Public Purpose and Necessity to Acquire Fee Simple Title to a Parcel of Property
("Northside Bridge Landing Parcel")More Particular Described Herein(Located Between
the Rights-of-Way of 826 West and the South Side Property Line for the Plaza of Americas
Condominiums)for the Development of a Pedestrian Overpass Bridge to Connect Gateway
Park to the North Side of S.R. 836 West; Authorizing the City Attorney to Acquire and
Initiate Eminent Domain Proceedings; Providing City Manager and City Attorney with the
Authority to Retain Expert Witnesses and Consultants and to Do All Things Pertinent to
Effectuating the Terms of this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Documents distributed prior to meeting.] City Clerk Hines
read the title,and City Attorney Ottinot reported,noting that this will permit him and the City
Manager to acquire with negotiation or eminent domain powers if necessary for a landing site
for the pedestrian overpass bridge that will connect North Bay Road to Gateway Park.
Public Speakers: None
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Summary Minutes:Regular City Commission Meeting April 18,2013 City of Sunny Isles Beach,Florida
Vice Mayor Aelion asked what the square footage is, and City Attorney Ottinot said it is
reflected in Exhibit "A" on the survey itself which is 888 square feet.
Commissioner Gatto said it is either negotiation or eminent domain, and City Attorney
Ottinot said the law requires negotiation first. Mayor Edelcup said the reason we are doing
this for both essentially is to save time later in case negotiations were to break down, so we
can get this done with no delay in putting the bridge in while the Park is being built.
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013-2053 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
•
12. DISCUSSION ITEMS
None
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
14. ADJOURNMENT
-- May r Edelcup adjourned the meeting at 7:09 p.m.
>,Respectfullysubmitted by Approved by the City Commission on May 16, 201
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} ,Jane'A: Hines; ( MC, City Clerk Norm;n S. Edelcup, Mayor
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18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: - Jane A. Hines, CMC, City Clerk
DATE: 5/16/2013
RE: Summary Minutes for the April 18, 2013 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the April 18, 2013
Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Summary Minutes
http://sibagenda.sibfl.net/Agenda/Preview.aspx?ItemID=1030&MeetingID=O&MeetingDate... 5/3/2013