2002 0620 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach. Florida Public Speakers: Steve Helfman, Esq.; Stanley Price, Esq.; Clifford Schulman, Esq.; Bill Lone; Cecile Sippin Steve Helfman, Esq. requested that for second reading of the Ordinance, the City Commission also hold a public hearing in their capacity as the Local Planning Agency (L.P.A.). City Clerk Brown-Morilla responded that since there had not been any notice of an L.P.A. first reading, and no first reading by the L.P.A., there was no point in holding an L.P.A. second reading public hearing. Mayor Samson asked if any other municipality has adopted the proposed ordinance, and Mr. Helfman said that several cities were reviewing the proposal, but he acknowledged that the first city to consider adoption was Sunny Isles Beach. Mayor Samson expressed concern about the potential for the City being embarrassed or sued and incurring unnecessary legal expenses. Mr. Price noted that the developers with Zoning approvals could not obtain financing due to the Omnipoint decision. He said he had requested that the City Commission consider tolling the time to obtain permits due to Omnipoint, but was told that the Administration did not support his request. Mr. Price objected that he hadn't been allowed to address the Commission on the issues he had raised in his letter to City Attorney Dannheisser dated May 17, 2002. [City Clerk's Note: A copy was submitted into the record.] Commissioner Kauffman expressed concern since City Attorney Dannheisser had said she did not believe the proposed ordinance is legally sufficient. Commissioner Kauffman stated that the Commission should rely on our Attorney's advice. She also said that she would rather not have the City be on the front line. Commissioner Edelcup noted that our City did not create this problem situation, rather it was as a result of the Omnipoint judicial decision, and the City can't overrule Judge Fletcher. Mr. Price said that although the City cannot overrule Judge Fletcher's decision, it can enact an amnesty ordinance. Commissioner Ede1cup noted that earlier Mr. Price brought up, as an alternative, a "tolling" until this issue was finally resolved; and that would be more acceptable to him. Commissioner Ede1cup asked which projects Bill Lone was referring to when he said that Omnipoint has stopped more than just the La Perla project. Mr. Helfman again asked the Commission to approve the ordinance on first reading with the understanding that prior to second reading they would attempt to obtain an adequate bond to hold the City harmless. City Attorney Dannheisser commented that she hadn't advised the City Commission to vote one-way or the other. She noted that she didn't believe that the proposed ordinance was curative and wouldn't accomplish its goal since it did not address Judge Fletcher's ruling that the zoning was unconstitutional, and that point needed to be corrected. Vice Mayor Iglesias moved the ordinance, but there was no second. 3