HomeMy WebLinkAbout1998-0122 Regular City Commission MeetingM
SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting - Thursday, January 22,1998
CALL TO ORDER and ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:03 p.m. The following officials
were present:
Mayor David Samson
Vice -Mayor Irving Turetsky
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow
City Manager James DiPietro
City Attorney Lynn M. Dannheisser
City Clerk Richard Brown - Morilla
2. PLEDGE OF ALLEGIANCE:
ACTION: Vice Mayor Turetsky led the Pledge of Allegiance.
3. APPROVAL OF MINUTES:
ACTION. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to
approve the minutes of the January 8, 1998 Commission Meeting. The motion was
approved by a voice vote of 5-0 in favor.
4. AGENDA/ORDER OF BUSINESS (ADDITIONS /DELETIONS)
A. City Manager DiPietro requested City Commission approval to add to the Agenda:
"Item 9 -C, Acceptance of Proposed Copy Machine."
ACTION: Commission Kauffman moved and Commissioner Morrow seconded the
addition of the item to the agenda, which was approved by a voice vote of 5-0 in favor.
[Clerk's Note: see Agenda item 9 -C]
5. SPECIAL PRESENTATIONS:
A. Presentation to Charles Wachsberg:
ACTION: Mayor Samson presented Mr. Wachsberg with a check for $100.00 and a
plaque for his having designed the contest- winning City Seal. Mr. Wachsberg expressed
gratitude and announced he would donate the check to Temple B'Nai Zion.
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C,
B. Presentation to Manuel Pine
ACTION: The item was deferred to the next meeting since Mr. Pine was not in attendance.
6. ZONING:
A. B.C.L.C., INC.
(Contract purchaser — Michael Dezer) Colonial Palace
Apartment/Hotel.
(Hearing deferred from 12/11/97 Commission Meeting.)
HEARING NO.
(97 -122) 97 -12 -CZ -SUN -1
LOCATION:
18101 - 18145 Collins Avenue, Sunny Isles Beach
REQUEST:
(1) Use variance to permit an apartment/hotel with a density of
84.79 units per acre (75 units /acre permitted).
(2) Non -use variance of floor area ratio requirements to permit a
proposed apartment/hotel with a floor area ratio of 2.99 (2.0
permitted).
(3) Non - variance of setback requirements to permit a proposed
building to setback 89.08'(226.22' required) from the interior side
(north) property line and setback 25' (226.22' required) from the
interior side (south) property line.
(4) Non -use variance setback requirements to permit a proposed
building to setback 0' (161.6' required) from the rear (east)
property line.
(5) Non -use variance of setback requirements to permit a proposed
tennis court to setback 30' (75' required) from the front (west)
property line.
(6) Non -use variance of zoning regulations requiring no accessory
use be placed in front of the principal building; to waive same to
permit a tennis court and miniature golf course in front of the
principal building.
(7) Non -use variance of zoning regulations requiring lots abutting
the bay or ocean to provide a 100' wide visual passageway area;
to waive same to permit 25' wide visual passageway in lieu
thereof.
(8) Non -use variance of height requirements to permit 444' high
building (102.47' building height permitted).
(9) Non -use variance of parking requirement to permit 254 parking
spaces (763 required).
(10) Non -use variance of zoning regulations to permit tandem
parking (none permitted).
A plan is on file and may be examined in the Zoning department entitled "Aventura
Beach Colonial Palace apartment/Hotel," as prepared by Kobi Karp, consisting of 10
sheets, dated 4/22/97 and plans entitled "Colonial Palace Apartment/Hotel,° as
prepared by Witkin Design Group, consisting of two sheets, dated 2/12/97. Plans
may be modified at public hearing.
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SUBJECT PROPERTY: The north 350' of Tract "P", AMENDED PLAT OF NORTH
BISCAYNE BEACH, Plat Book 44, Page 42
AND;
The south 100' of the south 200' of Tract "00, measured at right angles to the south
boundary of said Tract "O ", of the AMENDED PLAT OF NORTH BISCAYNE BEACH,
Plat Book 44, Page 42.
SIZE OF PROPERTY: 5.307 Acres
PRESENT ZONING: RU-4A (Apartments 50 units /net acre; hotellmotel 75 units
/net acre)
ACTION: City Clerk Brown - Morilla administered the oath to the witnesses for the
agenda's Zoning hearings, as did the court reporter. City Attorney Dannheisser read
a disclaimer for the record and the Clerk read the applicant's name, hearing number
and location.
Public Speakers: Peter Weiner
Cliff Schulman, attorney for the applicant, submitted a letter requesting deferment to
March 26, 1995. Vice Mayor Turetsky moved, and Commissioner Morrow seconded
a motion to defer to March 26, 1998. The motion was approved by a roll call
vote of 5-0 in favor.
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice -Mayor Turetsky
yes
Mayor Samson
yes
B. DEZER PROPERTIES LLC and DEZER HOTEL MANAGEMENT, LTD. Thunderbird
West. (Hearing deferred from 12/11/97 Commission Meeting.)
HEARING NO. (96 -567) 97 -12 -CZ -SUN -3
LOCATION: 016445 18402 through 18420' Collins Avenue, Sunny Isles Beach
['Cleric's note: address corrected at the meeting by Peter Weiner,
the applicant's representative]
REQUEST: (1) Modification of plans approved pursuant to Resolution 4 -ZAB-
163-91, passed and adopted by the Metropolitan Dade County
Zoning Appeals Board on June 26, 1991, reading as follows:
FROM: "That in the approval of the plan the same be substantially in
accordance with that submitted for hearing entitled 'Site Plan"
consisting of nine sheets as prepared by the Sieger Architectural
Partnership; Sheet A -1 dated 3- 25 -91; Sheet L -1 dated 2 -5 -91 and
Sheets A -2 through A-6, L -2 and L -3 dated 1- 31 -91"
TO: °Plans entitled 'Thunderbird West' as prepared by Kobi Kara consisting of
Sheets T -1 A1-1 A1-2 through A1-4 A2 -1 through A2 -5 A3-1 A3 -2. A4-1
through A4 -3 dated stamped received 719/97 and plans entitted'Thunderbird
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West' as prepared by Witkins Designs Group, dated 1117/96 on Sheets L1 &
L2."
The purpose of this request is to allow the applicant to submit plans showing an
apartment/hotel.
(2) Unusual use to permit outdoor dining in conjunction with a
proposed restaurant.
(3) Non -use variance of lot coverage requirements to permit a
proposed apartment/hotel with a lot coverage of 54% (40%
permitted).
(4) Non -use variance of zoning regulations requiring a 50.29' wide
visual passage area; to waive same to permit a 31' wide visual
passage area.
(5) Non -use variance of parking regulations to permit tandem
parking (none permitted).
(6) Non -use variance of zoning regulations requiring all interior
subdivision streets to be 50' wide' to waive same to permit 0'
dedication for a portion of the south side of N. E. 185 Street.
(7) Non -use variance parking requirements to permit 250 parking
spaces (512 spaces required, 216 previously approved).
(8) Non -use variance of setback requirements to permit a proposed
building with a pedestrian bridge to setback 0' (20' required).
The aforementioned plans are on file and may be examined in the Zoning
Department. Plans may be modified at public hearing.
SUBJECT PROPERTY: Tract "N° less the south 300' thereof, AMENDED PLAT OF
NORTH BISCAYNE BEACH, Plat Book 44, Page 42.
LESS AND EXCEPT a 20' strip of land, adjacent to and contiguous with the north line
of said Tract "N" said strip of land being a roadway dedication, Official Records Book
54, Page 548.
SIZE OF PROPERTY: 251'x 600'
PRESENT ZONING: BU -1A (Business - Limited)
ACTION: The City Clerk administered the oath to the witnesses for the agenda's
Zoning hearings, as did the court reporter. City Attorney Dannheisser read a
disclaimer for the record and the Clerk read the applicant's name, hearing number
and location.
Public Speakers Peter Weiner
The applicant submitted a letter requesting deferment to March 26, 1998.
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
defer to March 26, 1998. The motion was approved by a roll call vote of 5-0 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
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Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
C. HAL INVESTMENT SYSTEM, INC. & BILKE ENTERPRISES, INC.
HEARING NO. 98 -1 -CZ -SUN -1 (97 -97)
LOCATION: 17200 -17276 Collins Avenue, Sunny Isles Beach
REQUEST: (1) BU -1 to BU -1A
(2) Special Exception to permit site plan approval for an existing
commercial development
(3) Non -use variance of zoning regulations requiring a 5' high
decorative masonry wall where a business lot abuts residentially
zoned property; to waive same to omit the wall along the west
property line where it abuts residentially zoned property.
(4) Non -use variance of parking regulations requiring a continuous,
extensively planted greenbelt of not less than 5' be placed along
all property lines abutting right -of -way lines when there exists
parking between the required setback line and the official right -of -
way line; to waive same.
(5) Non -use variance of zoning regulations to permit a one -way
drive with a width of 9.91' (14' required).
(6) Non -use variance of sign regulations to permit two detached
signs (one permitted) and to permit the N /ly sign setback 4' (7'
required) from the right -of -way line of Collins Avenue and setback
2' (3.5' required) from the interior side (north) property line and to
permit the southerly sign setback 5' (7' required) from the right -of-
way line of Collins Avenue.
Note: REQUESTS #1 THROUGH #6 ON EXHIBIT "A ".
(7) BU -1 to BU -1A
(8) Special Exception to permit site plan approval for an existing
commercial development.
(9) Non -use variance of zoning regulations requiring a 5' high
decorative masonry wall where a business lot abuts residentially
zoned property; to waive same to omit the wall along the west
property line where it abuts residentially zoned property.
(10) Non -use variance of sign regulations to permit a detached
sign setback 4' (7' required) from the right -of -way line of Collins
Avenue and 172nd Street.
Note: REQUESTS #7 THROUGH #10 ON EXHIBIT "B ".
Plans are on file and may be examined in the Zoning Department entitled "Proposed
Property Rezoning for Hal Investments Systems, Inc., as prepared by Felix Pardo &
Associates, Inc., dated 6- 13 -97, consisting of 3 sheets, along with plans entitled
°Proposed Property Rezoning for Bilke Enterprises, Inc.,° as prepared by Felix Pardo
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& Associates, Inc., dated 6- 12 -97, consisting of 3 sheets, for a total of 6 sheets.
Plans may be modified at public hearing.
SUBJECT PROPERTY: EXHIBIT "A': The south 100' of the east 600' of that portion
of Tract 3, of TATUM'S SUBDIVISION, Plat Book 10, Page 64, which lies west of the
W/ly right -of -way of State Road A -1 -A.
EXHIBIT "B°: Lot 29, 30 & 31, SOUTH SHORE ESTATES, Plat Boo 52, Page 69.
ALSO: The north 1 00' of Lot 2, lying W /ly of State Road A-1 -A (a/k/a: Collins Avenue
and State road No. 140), TATUM'S SUBDIVISION, Plat Book 10, Page 64; said north
100' of Lot 2 described as follows:
Begin (P.O.B) at the Northeast comer of said Lot 31 of said SOUTH SHORE
ESTATES on the W /ly line of said State road A-1 -A and run due west along the N /ly
line of said Lot 31, also being the south line of the north 100' of Lot 2, a distance of
401.94' to the Northwest corner of said Lot 31; thence run due north along the
extension N /ly of the W /ly line of said Lot 31, a distance of 100' to the north line of
said Lot 2; thence run due east along the N /ly line of said Lot 2, a distance of 401.94'
to the W /ly line of State Road A -1 -A; thence run S5 °38'1 0 'W along the W /ly line of
State Road A-1 -A a distance of 100.48' to the Point of Beginning.
SIZE OF PROPERTY: 3.46 Acres
PRESENT ZONING: BU -1 (Business - Neighborhood)
BU -1A (Business - Limited)
RU -4A (Apartments 50 units /net acre, hotel /motel 75
units /net acre)
ACTION: City Clerk Brown - Morilla administered the oath to the witnesses for the
agenda's Zoning hearings, as did the court reporter. City Attorney Dannheisser read
a disclaimer for the record and the Clerk read the applicant's name, hearing number
and location.
Miami -Dade County Zoning officials sent a letter advising that they had improperly
advertised the hearing, and so the item was deferred until the March 12, 1998
agenda, to allow for re- advertising. Commissioner Morrow moved, and Commissioner
Iglesias seconded a motion to defer to March 12, 1998. The motion was
approved by a roll call vote of " in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
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D. OMNIPOINT COMMUNICATIONS MB OPERATIONS, INC.
HEARING NO.: 98 -1 -CZ -SUN -2 (97 -475)
LOCATION: 17275 Ocean Boulevard, Sunny Isles Beach
REQUEST: (1) Unusual use to permit a cellular communication facility
consisting of multiple panel antennae.
A plan is on filed and may be examined in the Zoning Department entitled "Omnipoint
Communications, Inc.," as prepared by Black & Veatch, dated 10 -3-97 and consisting
of 3 sheets. Plans may be modified at public hearing.
SUBJECT PROPERTY: The part of the south 1 00' of Lot 3, TATUM'S OCEAN PARK
SUBDIVISION, Plat Book 10, Page 64, lying E/ly of and being contiguous with, the
E/ly line of Ocean Boulevard, State Road No. 140 (Nk/a: State Road A -1 -A), Plat
Book 45, Page 66, together with littoral and riparian rights adjacent and appurtenant
thereto.
ALSO: That part of the north 100' of Lot 2, TATUM'S OCEAN PARK SUBDIVISION,
Plat Bok 10, Page 64, lying E /ly of and being contiguous with, the E/ly line of Ocean
Boulevard, State Road No. 140 (n/k/a: State Road A -1 -A), Plat Book 45, Page 66,
together with littoral and riparian rights adjacent and appurtenant thereto.
SIZE OF PROPERTY: 200'x 350'
PRESENT ZONING: RU -4A (Apartments 50 units /net acre; hotel /motel 75
units /net acre)
ACTION: The City Clerk administered the oath to the witnesses for the agenda's
Zoning hearings, as did the court reporter. City Attorney Dannheisser read a
disclaimer for the record and the Clerk read the name of the applicant, hearing
number and location.
Public Speakers: All Torres
City Manager DiPietro reported that a conditional approval had been issued. Mr.
Torres, Miami -Dade County official from the Department of Planning, Development
Regulation, reported that the County and the City had issued a temporary Certificate
of Use in occupancy for construction or placement of six panel antennas at the roof
of the ten story building, and the applicant is requesting a variance. He also reported
that the County staff recommend approval of the application with conditions.
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
approve the unusual use variance with conditions, which was adopted as
Resolution No. 97 -Z-6, by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias
Yes
Commissioner Kauffman
Yes
Commissioner Morrow
Yes
Vice-Mayor Turetsky
ves
Mayor Samson
yes
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7. ORDINANCES:
FIRST READING:
1]
A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING
DEFINITIONS; PROVIDING FOR • CIVIL INFRACTIONS AND PENALTIES;
QUALIFICATIONS, APPOINTMENT, REMOVAL AND COMPENSATION OF
SPECIAL MASTERS; SETTING FORTH THE POWERS OF SPECIAL MASTERS;
AUTHORITY TO INITIATE ENFORCEMENT; PROVIDING FOR ENFORCEMENT
PROCEDURES INCLUDING THE CONTENTS AND METHOD OF SERVICE OF
CIVIL VIOLATION, NOTICE OF VIOLATIONS; PROVIDING FOR CIVIL PENALTIES
AND RELATED TERMS CONSTRUED; PROVIDING FOR RIGHTS OF VIOLATORS;
PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY AND CORRECT OR
TO APPEAL; WILFUL REFUSAL TO ACCEPT CIVIL VIOLATION NOTICE;
SCHEDULING AND CONDUCT OF HEARING; PROVIDING REMEDIES TO
RECOVER UNPAID CIVIL PENALTIES; UNPAID PENALTIES TO CONSTITUTE A
LIEN AND PROVIDING FOR FORECLOSURE; PROVIDING FOR APPEALS OF
ORDERS OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL
ENFORCEMENT POWERS; ESTABLISHING A SCHEDULE OF CIVIL PENALTIES;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
ACTION: City Clerk Brown- Morilla read the title of the ordinance, and City Manager
DiPietro introduced the item. Commissioner Morrow moved, and Vice Mayor Turetsky
seconded a motion to approve the ordinance on first reading. The motion was
approved by a roll call vote of 5-0 in favor. Second reading, public hearing will
be February 26, 1998.
Public Speakers: Ellen Wynne, Babak Raheb
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice -Mayor Turetsky
yes
Mayor Samson
yes
B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING
AREQUIREMENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS
WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF SUNNY ISLES BEACH
TO REGISTER WITH THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
ACTION: The City Clerk read the title of the ordinance, and City Attorney
Dannheisser introduced the item.
Public Speakers: Iry Diamond
Commissioner Kauffman suggested amending the title to include the words °and to
pay a registration fee.° Commissioner Kauffman moved, and Commissioner Iglesias
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seconded a motion to approve the ordinance, with amended tide, on first
reading. The motion was approved by a roll call vote of 5-0 in favor. Second
reading, public hearing will be February 26, 1998.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
SECOND READING: PUBLIC HEARINGS
C. AN ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE CITY
COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; REPEALING
SECTION 2 -I OF ARTICLE 1, CHAPTER 2 OF THE CODE OF METROPOLITAN DADE
COUNTY, FLORIDA, IN ITS ENTIRETY, RESOLUTION 97 -2 OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, ADOPTING ROBERT'S RULES OF ORDER; ENACTINGTHE
NEW RULES OR PROCEDURE OF THE CITY COMMSSION; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
ACTION: The City Clerk read the title of the ordinance, and City Attorney
Dannheisser introduced the item.
Public Speakers: none
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to
adopt the ordinance on second reading. Ordinance No. 98 -16 was adopted by
a roll call vote of 4 -1 in favor.
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice -Mayor Turetsky
no
Mayor Samson
yes
D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR
POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING
DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR
IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
ACTIOM The City Clerk read the title of the ordinance, and City Manager DiPietro
introduced the item.
Public Speakers: Tim Clune
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Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
adopt the ordinance on second reading. Ordinance No. 98 -17 was adopted by
a roll call vote of"in favor.
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice-Mayor Turetsky
yes
Mayor Samson
yes
E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ESTABLISHING INTERIM PARKS AND RECREATION IMPACT
FEES SCHEDULE; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING
DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR
IMPACT FEE SCHEDULE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT
FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
ACTION: The City Clerk read the title of the ordinance, and City Manager DiPietro
introduced the item.
Public Speakers: none
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to
adopt the ordinance on second reading. Ordinance No. 98 -18 was adopted by
a roll call vote of 6-0 in favor.
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice-Mayor Turetsky
yes
Mayor Samson
yes
8. RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
FOR THE STATE OF FLORIDA HIGHWAY BEAUTIFICATION GRANT ON BEHALF
OF THE CITY IN THE AMOUNT OF SIXTY THOUSAND ($60,000) DOLLARS WITH
MATCHING FUNDS FROM THE CITY BASED ON CONCEPTUAL PLANS
PROVIDED BY O'LEARY DESIGN ASSOCIATES ATTACHED AS EXHIBIT °A°
ACTION.. The City Clerk read the title, and Mr. O'Leary showed renderings of his
proposed landscape designs. City Manager DiPietro introduced the item.
Public Speakers: Bill O'Leary, Herb Rubin
Vice Mayor Turetsky moved, and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 98-30 was adopted by a roll call vote of
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4-0 in favor, with 1 abstention.
Vote: Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Vice -Mayor Turetsky
Mayor Samson
41
abstain
yes
yes
yes
yes
MOTIONS:
A. AWARD OF BID - TELEPHONE SYSTEM AND CABLING.
ACTION: The City Manager introduced the item, and recommended awarding to the
low bidder, TeleSystem, for $14,000. Commissioner Iglesias moved, and Vice Mayor
Turetsky seconded a motion to approve the resolution recommending award of
bid. Resolution No. 98 -01 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice -Mayor Turetsky
yes
Mayor Samson
yes
B. AWARD OF PROPOSAL - JANITORIAL MAINTENANCE SERVICE.
ACTION: The City Manager introduced the item, and recommended the award to the
low bidder, Hugo's Cleaning Service in the amount of $10,950 which includes all
supplies and cleaning services ($900 /month for the first six months, then $925 /month
for the next six months). Commissioner Iglesias moved, and Commissioner Morrow
seconded a motion to approve the recommendation to award the proposal,
which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
C. ACCEPTANCE OF PROPOSED COPY MACHINE
ACTION: City Manager DiPietro requested City Commission approval to accept a
proposal by CopyCo, to sell the City a Toshiba 5560 copy machine, for $8,000.
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to
approve the purchase, which was approved by a voice vote of 5-0 in favor. [Clerk's
Note: see Agenda item 4-Al
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D. ADD -ON ITEM, ACCEPTANCE OF DONATED COFFEE POT
ACTION: Mayor Samson explained that someone had donated a coffee pot for City
Hall and we needed a motion to authorize acceptance of the gift. Vice Mayor Turetsky
moved, and Commissioner Iglesias seconded a motion to accept the donated
coffee pot, which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
Vice-Mayor Turetsky
y_es,
Mayor Samson
yes
E. ADD-ON ITEM, AUTHORIZATION TO PURCHASE TRASH RECEPTACLES
ACTION: During a debate on whether to schedule an extra City Commission meeting,
Mayor Samson moved, and Commissioner Morrow seconded a motion to authorize
a Committee, comprised of the City Manager, Finance Director and the Mayor,
to spend up to $7,000 for the purchase of trash receptacles. The motion was
approved by a roll call vote of 5-0 in favor. Commissioner Kauffman
recommended that when trash receptacles are in place, the City should impose stiff
fines for littering.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
10. DISCUSSION ITEMS:
A. Mayor Samson reported on progress in negotiations with Miami -Dade County
regarding the problem of storm water run -off accumulating in the Golden Shores area
of the City.
B. Mayor Samson introduced the Vice Mayor and City Commissioners, City Cleric
Brown - Morilla, City Manager DiPietro, City Attorney Dannheisser, Zoning Code
Administrator Vera, and Finance Director Neustadt.
C. City Manager DiPietro suggested that the Commission schedule a City Commission
meeting for Thursday, February 5, 1998. After considering the suggestion, the
Commission took no action to schedule an additional meeting.
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D. Commissioner Iglesias noted that the traffic study being worked on by the Department
of Transportation would be available in three weeks. Commissioner Iglesias asked
that we invite someone from the DOT staff to make a presentation at the February 26,
1998 City Commission meeting. He also reported that Miami -Dade County was
implementing a Public Safety Board.
E. City Manager DiPietro reported there would be a public meeting of the City Manager's
Advisory Committee on the Police Chief selection process, Monday, January 26,
1998, at 3:00 p.m. in the Sunny Isles Resort Association.
F. Mayor Samson reported that Miami Shores had offered to loan the City a speed
detection/display machine to discourage speeding. He also requested having Collins
Avenue stripped.
11. REQUESTS, PETITIONS & OTHER COMMUNICATIONS
A. Iry Diamond reported that Gold Coast Cable Company indicated they will televise our
Commission meetings if the City wanted it done. Mayor Samson expressed the
concern that if our meetings were televised, people would stop attending.
B. Irving Kamlet suggested the City consider using receptacles similar to those used in
Aventura.
C. Don Stewart questioned who would empty the trash receptacles. Mayor Samson
explained that the City would hire a public works employee to do it.
D. Armand Roche offered that in Canada horses wear diapers. He expressed concern
about public safety with speeding on Collins Avenue. He also congratulated the
Manager, Mayor Samson and Commissioner Morrowfor their help with beach access.
12. ADJOURNMENT:
At 8:45 p.m., Vice Mayor Turetsky moved, and Commissioner Morrow seconded a motion
to adjourn which was approved by a unanimous voice vote.
Respectfully submitted:
Richard E. Brown - Morilla, City Clerk
Approved by the City Commission this
22nd day of January, 1998.
David Samson, Mayor
Page 13 of 13 - Summary Minutes of the January 22, 1998 City Commission meeting
D. Commissioner Iglesias noted that the traffic study being worked on by the Department
of Transportation would be available in three weeks. Commissioner Iglesias asked
that we invite someone from the DOT staff to make a presentation at the February 26,
1998 City Commission meeting. He also reported that Miami-Dade County was
implementing a Public Safety Board.
E. City Manager DiPietro reported there would be a public meeting of the City Manager's
Advisory Committee on the Police Chief selection process, Monday, January 26,
1998, at 3:00 p.m. in the Sunny Isles Resort Association.
F. Mayor Samson reported that Miami Shores had offered to loan the City a speed
detection/display machine to discourage speeding. He also requested having Collins
Avenue stripped.
11. REQUESTS, PETITIONS & OTHER COMMUNICATIONS
A. Iry Diamond reported that Gold Coast Cable Company indicated they will televise our
Commission meetings if the City wanted it done. Mayor Samson expressed the
concern that if our meetings were televised, people would stop attending.
B. Irving Kamlet suggested the City consider using receptacles similar to those used in
Aventura.
C. Don Stewart questioned who would empty the trash receptacles. Mayor Samson
explained that the City would hire a public works employee to do it.
D. Armand Roche offered that in Canada horses wear diapers. He expressed concern
about public safety with speeding on Collins Avenue. He also congratulated the
Manager, Mayor Samson and Commissioner Morrow for their help with beach access.
12. ADJOURNMENT:
At 8:45 p.m., Vice Mayor Turetsky moved, and Commissioner Morrow seconded a motion
to adjourn which was approved by a unanimous voice vote.
Respectfully submitted: Approve m the City Commission this
26th day Februa , 948.
Richard E. Brown-Morilla, City Clerk David Sams•n, Mayor
1'Page 13 of-13c- Summary Minutes of the January 22, 1998 City Commission meeting
•
•
FORM 8B MEMORANDUM OF -VOTING CONFLICT FOR ,
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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This form is for use by any person serving at the county, city, or other local level of government un an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented •
with a voting conflict of interest-under Section 112.3143, Florida Statutes. ..
Your responsibilities under the law when faced with a nteasurctin which you have a_conflict of interest.will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
•
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
•
A person holding elective county, municipal, or other local public office-MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from`knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose thc conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
thc minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN front voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, hut must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY .ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WII.I. BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate thc form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
RAG I
Cl FOR.M..R-I-91
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You'should complete the form and file it within I S days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
.• _ •
T A DISCLOSURE OF STATE OFFICER'S''IINTEREST I q. •,
• C�vtroissl0aev ,Vag^,'J in--S hereby disclose that on lOt-sn �'2-- , 19 ie
(a) A measure came or will come before my agency which (check one) .
-- — inured to my special private gain; or
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✓inured to the tspecial gain of 7h P SAryp �` i/R, ��.47. • T'-'�'fryoiJHAdi , by whom l am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed / Signature !/
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE.
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINC
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION t
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000.
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6 ORIGINAL:..
7
8
CITY COMMISSION MEETING
9 17070 COLLINS AVENUE , SUITE 250
SUNNY ISLES BEACH , FLORIDA 33160
10 THURSDAY , JANUARY 22 , 1998
7 : 00 p . m .
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CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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® 1 APPEARANCES :
2
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4 CITY COMMISSION OF SUNNY ISLES BEACH , FLORIDA
DAVE SAMSON, MAYOR
5 IRVING TURETSKY , VICE MAYOR
CONNIE MORROW , COMMISSIONER
6 LILA KAUFFMAN , COMMISSIONER
DANNY IGLESIAS , COMMISSIONER
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CITY CLERK , RICHARD E . BROWN
9 CITY MANAGER , JIM DIPIETRO
CITY ATTORNEY , LYNN M . DANHEISSER , ESQUIRE
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305 375 - 8191
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1 ( Thereupon , the following proceedings were had)
2 MAYOR SAMSON : Ladies and gentlemen , please
3 come to order . Mr . Clerk , could you please call
4 the roll .
5 MR . BROWN : Commissioner Iglesias .
6 COMMISSIONER IGLESIAS : Here .
7 THE CLERK : Commissioner Kauffman .
8 COMMISSIONER KAUFFMAN : Here .
9 THE CLERK : Commissioner Morrow .
10 COMMISSIONER MORROW : Here .
11 THE CLERK : Vice Mayor Turetsky .
12 VICE MAYOR TURETSKY : Here .
13 THE CLERK : Mayor Samson .
14 MAYOR SAMSON : Here .
15 THE CLERK : All members of the Commission are
16 present .
17 MAYOR SAMSON : Vice Mayor Turetsky , lead us
18 in the pledge of allegiance . Before I go any
19 further with the meeting , I would like to thank
20 you all for taking the time to come out and watch
21 us as we move along into the formation of what is
22 going to be a beautiful city .
23 To those of you who have seen a glimpse of
24 it , you can look at the carpet that is being
25 laid , and at the next meeting we will be a fully
CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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1 operational City Hall .
®
2 I call for approval of the minutes of the
3 previous meeting .
4 VICE MAYOR TURETSKY : I so move .
5 COMMISSIONER MORROW : I second .
6 MAYOR SAMSON : All of those in favor signify
7 by voice , anything by voice .
8 ( Thereupon , the Commissioners responded by
9 saying Aye )
10 MAYOR SAMSON : Anybody opposed? Thank you
11 very much .
12 Where is Charlie Watsberg? Are you here ,
13 Charlie? Would you please come up here? Is
®
14 Manny Pine here? Apparently not .
15 Charlie , would you please step up here ? You
16 got a camera? Did anybody bring a camera?
17 Ladies and gentlemen , ladies and gentlemen ,
18 you know that we had a contest for the choice of
19 the seal of the city of Sunny Isles Beach and
20 there it is . Charlie Watsberg , he won the
21 contest , and the contest said that he was going
22 to get a check for $ 100 .
23 We are still so new we don ' t have a camera .
24 Did you bring a camera?
25 UNIDENTIFIED PERSON : No .
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25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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1 MAYOR SAMSON : I ' m sorry . You will make
2 believe we took a picture . Charlie , here . Use it
3 in the best of health and thank you very much for
4 what you did . But I ' m not through . I ' m not
5 through . Charles has done so much for us at this
6 point in his expertise that the Board of
7 Directors decided to present this to Charlie
8 Watsberg which says , " Presented to Charlie
9 Watsberg in special recognition and sincere
10 appreciation for your artistic talent that
11 created the logo for our city , City of Sunny
12 Isles Beach , January 22 , 1998 , David Samson ,
13 Mayor . Thank you . "
14 MR . WATSBERG : This is the best pay I ever
15 got . No , but I want to say thank you , Mr . Mayor ,
16 Commissioners .
17 MAYOR SAMSON : And the entire board .
18 MR . WATSBERG : The entire board for giving me
19 this honor , but the check to pay I am donating to
20 the Temple B ' Nai Zion .
21 MAYOR SAMSON : Thank you , very much .
22 MR . WATSBERG : Thank you , again . Thank you ,
23 very much .
24 COMMISSIONER KAUFFMAN : Thank you , Charlie .
25 COMMISSIONER IGLESIAS : Charlie , since we
CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
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1 don ' t have a camera , why don ' t you draw a picture
2 of this moment ?
3 MAYOR SAMSON : Is Manny Pine here ? All
4 right . Maybe he will come a little later .
5 MR . WATSBERG : Next time .
6 MAYOR SAMSON : I just want to say a few
7 words . It really is not a part of the meeting ,
8 but I have to straighten the minds out of a few
9 people who may have read something and read it
10 wrong . I was interviewed a week ago by the Miami
11 Herald or rather was it the High Riser . I don ' t
12 remember .
13 COMMISSIONER KAUFFMAN : Miami Herald .
®
14 MAYOR SAMSON : And in the High Riser they
15 said everybody or it was implied that everybody
16 was going to be paying $ 96 a year or $ 96 per unit
17 for police protection . They also said something
18 about something else and it was a very , very ,
19 very misunderstood interview .
20 The $ 96 an apartment , that will be paid in a
21 tax . It will not be paid by anybody that lives
22 here . It will be paid by the developer who is
23 developing anything new .
24 The reason I am bringing this out is because
® 25 there could be some people in the audience that
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25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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1 will use this as a personal attack . I want them
2 to know and I want everybody to know that nobody
3 will be paying additional taxes .
4 That was a promise we made and I just want
5 everybody ' s mind laid out in this interview just
6 sort of sounded sort of funny . Let ' s move along
7 on - - let ' s move along on our agenda .
8 Mr . Clerk , would you please read the
9 B . C . L . C . ?
10 THE CLERK : This is zoning - - excuse me . In
11 your agenda package that is Item 6 -A, B . C . L . C .
12 Inc . , Contract Purchaser , Michael - - -
13 CITY MANAGER DIPIETRO : Mr . Mayor , how about
®
14 Item 4 ?
15 MAYOR SAMSON : Do you have any additions ?
16 I beg your pardon . I turn the microphone over to
17 the City Manager , Mr . DiPietro , did not know that
18 he had an additional - - or deletion to the
19 agenda .
20 CITY MANAGER DIPIETRO : Mr . Manager , Members
21 of the Commission , would you consider adding to
22 the agenda Item 9 - C , "Acceptance of Proposed Copy
23 Machine . " Since the agenda was published pursuant
24 to our procedures , the only way items are added
® 25 are by a motion of the Commission . There is a
CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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1 report in front of you , "Acceptance of proposed
2 copy machine , 9 - C . "
3 MAYOR SAMSON : Mr . Manager , do we have to
4 wait for 9 - C or can we get it out of the way
5 right now?
6 CITY MANAGER DIPIETRO : You can do it either
7 way .
8 MAYOR SAMSON : Do it right now .
9 COMMISSIONER MORROW : I move we accept it .
10 COMMISSIONER KAUFFMAN : I do want to read it
11 first .
12 COMMISSIONER MORROW : I read it .
13 VICE MAYOR TURETSKY : You read it .
® 14 COMMISSIONER KAUFFMAN : The people did .
15 THE CLERK : Mr . Mayor , procedurally can we
16 have a motion to add on Item 9 - C and then - - -
17 COMMISSIONER KAUFFMAN : I would like to make
18 a motion to add 9 - C .
19 MAYOR SAMSON : Motion made by Commissioner
20 Lila Kauffman .
21 COMMISSIONER MORROW : I second it .
22 MAYOR SAMSON : Seconded by Commissioner
23 Morrow . By voice vote .
24 ( Thereupon , the Commissioners responded by
25 saying Aye ) .
CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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411 1 MAYOR SAMSON : Anybody opposed? Go ahead ,
2 Mr . Manager .
3 CITY MANAGER DIPIETRO : I would put in the
4 record on that that this machine we have approved
5 is below bid price . It is below School Board bid
6 and the documentation will be on file for anyone
7 that would like to go through it . Thank you , Mr .
8 Mayor .
9 MAYOR SAMSON : We don ' t need a vote on that .
10 Thank you very much . Deletions .
11 THE CLERK : Mr . Mayor , if you are going to
12 address the substance of this now , which it
13 sounded like you wanted to do , do we have a
®
14 motion to approve the manager ' s recommendation?
15 COMMISSIONER MORROW : I made a motion on the
16 floor .
17 MAYOR SAMSON : On the machine .
18 THE CLERK : Yes , sir .
19 COMMISSIONER MORROW : I move we approve it .
20 MAYOR SAMSON : Motion made by Commissioner
21 Morrow .
22 COMMISSIONER KAUFFMAN : Seconded .
23 MAYOR SAMSON : Seconded by Lila Kauffman . Is
24 there any discussion on this ? Is there any
25 discussion?
CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
305 375 - 8191
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411 1 COMMISSIONER KAUFFMAN : We are buying the
2 copying machine .
3 MAYOR SAMSON : Are you girls straightened
4 out ?
5 COMMISSIONER MORROW : Yes .
6 MAYOR SAMSON : Let me explain this a little
7 bit . Mr . Manager , maybe you should explain . We
8 have a contract . We bought it out , so people
9 understand .
10 CITY MANAGER DIPIETRO : Certainly , we field
11 tested two machines at City Hall . One machine is
12 used by Bal Harbor or Bay Harbour , City of North
13 Bay Village . It ' s proven and tested . We also
®
14 brought it to our City Hall here and ran it .
15 The other machine - - that is a Toshiba from
16 Copyco Company , the recommended bid approval . The
17 second machine was a Konica . It ' s used by
18 Aventura and a number of other cities . It is also
19 used by the School Board .
20 As I indicated a few minutes ago , both
21 machines are publicly bid priced . That is , there
22 are two bid numbers . We brought both . Then we
23 negotiated with both . We had proposals under the
24 bid for each machine , and there was about a $250
® 25 difference between the two machines .
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305 375 - 8191
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® 1 We felt the Toshiba was more reliable and
2 that was the basis of the recommendation . That
3 is what the report in front of the City
4 Commission details .
5 Any other questions ?
6 MAYOR SAMSON : Any other questions ? Don ' t we
7 have to take a vote on this? All those in favor
8 signify by voice vote . All opposed . Thank you .
9 Would it be a problem telling dealing with
10 the storm water and we go into the actual thing?
11 CITY MANAGER DIPIETRO : Sure .
12 MAYOR SAMSON : Ladies and gentlemen , the City
13 of Sunny Isles Beach , especially the area known
®
14 as Golden Beach , Golden Shores has suffered for
15 many , many years with a problem of storm water
16 where it got so bad that they couldn ' t leave
17 their homes .
18 For many years they tried to get this
19 straightened out and I promised Ellen Wynn who
20 has been on top of this thing for - - I don ' t want
21 to show how many years because I would be giving
22 away her age . We made a deal with the county that
23 they would fix Golden Shores , and they would
24 retain the money that you people pay - - have been
25 paying through the years , which we never saw
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1 benefit , any benefit called the Storm Water
2 Runoff Tax .
3 The manager , myself - - and I can ' t say the
4 rest of the Commission because we can ' t be
5 together because it ' s Sunshine Law - - the city
6 attorney are working on a deal that looks like
7 it ' s going to be accepted so that every spot we
8 feel in Sunny Isles Beach will be corrected on
9 storm water runoff .
10 After a rain there won ' t be water all over
11 the streets that you won ' t be able to walk on
12 sidewalks , and they are retaining this money
13 until such time that all of the storm water is
14 taken care of . We won ' t have puddles anywhere .
15 There would be an allowance where we would keep a
16 sizable size of money every year so that we could
17 use this money for the betterment of the City in
18 the meantime .
19 We only pray to God that they will do this
20 and we feel almost sure that they will . It will
21 be a giant step forward for the city to get rid
22 of all these puddles of water when you - - after a
23 rain you are driving you won ' t get anybody wet
24 that is walking along the sidewalk .
25 I hope by the next meeting we can say it is
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25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
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1 finalized and it is done . We will keep you aware
® 2 of what is going on .
3 Thank you very much , Mr . Clerk . I think we
4 are ready to - - -
5 COMMISSIONER KAUFFMAN : Mr . Mayor , can I ask
6 a question on the storm water? We have in our
7 notes , Northeast 183rd Street from North Bay Road
8 to Collins on about the intersection of Atlantic
9 Boulevard and Northeast 178th and North Bay Road
10 from south of 178th Drive to the north 179th
11 Street intersection .
12 Does this mean that this will be the three
13 following projects after Golden Shores ?
® 14 MAYOR SAMSON : They are going to try to hook
15 up at the same time with their project in Golden
16 Shores to alleviate that situation . Almost at the
17 same time . If it means that they can ' t do it at
18 the same time , you are going to have to wait
19 until they finish Golden Shores because that was
20 first on the agenda .
21 Then they will go into 178th Street and the
22 reason - - one of the reasons , Lila , is if we were
23 to push for 178th Street immediately they would
24 say we were doing it for personal reasons .
25 So let ' s do it the way we are working the
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1 deal , and everybody will benefit as time goes by .
®
2 MAYOR SAMSON : Any other questions ? Mr .
3 Clerk , Item A under Zoning .
4 THE CLERK : The attorney has asked me to ask
5 if any members of the audience who are here this
6 evening intend to speak , to testify on any zoning
7 matters which are on this evening ' s agenda ,
8 please stand to take an oath . Please raise your
9 right hand .
10 (Thereupon , the speakers were duly sworn)
11 MAYOR SAMSON : Thank you , very much . Let ' s
12 go .
13 THE CLERK : Item 6 -A B . C . L . C .
® 14 MS . DANHEISSER : May I read a disclaimer into
15 the record? You are a notary , aren ' t you?
16 THE CLERK : No .
17 MS . DANHEISSER : Raise your right hands and
18 have the court reporter swear you as witnesses .
19 (Thereupon , the speakers were duly sworn) .
20 MAYOR SAMSON : We don ' t have to . Anyone who
21 is going to testify in the zoning matter , if they
22 would please raise your hands again . I apologize
23 but let ' s have the court reporter swear them as
24 witnesses .
25 (Thereupon , the speakers were duly sworn)
CAPITOL REPORTERS , INC .
25 West Flagler Street , Ste . 1010 , Miami , Florida 33130
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411 1 MAYOR SAMSON : This is somebody else back
2 there . Only one . I see this gentlemen . Hold
3 your hand up .
4 (Thereupon , the speakers were duly sworn)
5 MS . DANHEISSER : Thank you , Madam Court
6 Reporter .
7 MAYOR SAMSON : Now can we get going?
8 MS . DANHEISSER : One second . After I read a
9 disclaimer into the record , we can get started .
10 MAYOR SAMSON : You are going to have to talk
11 a little louder . I don ' t have my hearing aid .
12 MS . DANHEISSER : In accordance with the code
13 of Metropolitan Dade County under which this
®
14 newly incorporated Sunny Isles Beach does still
15 operate , all items have been heard have been
16 legally advertised in the newspaper . Notices have
17 been mailed and the properties have been posted .
18 Additional copies of the agenda are
19 available here in the chambers . Items will be
20 called up to be heard by agenda number and name
21 of the applicant . The record of the hearing on
22 each application will include the records of the
23 Department of Planning , Development and
24 Regulation at the County .
® 25 All these items are physically present
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® 1 today , available to all interested parties and
2 available to members of this Commission who may
3 examine items from the record during the hearing .
4 This statement along with the fact that all
5 witnesses have been sworn should be included in
6 any transcript of all or any part of these
7 proceedings . In addition , we have here today Mr .
8 Al Torres from the Dade County Department of
9 Planning , Development and Regulation and Jorge
10 Vega who is our Zoning Code Administrator for the
11 City of Sunny Isles Beach . They are here to
12 address any questions you may have .
411 13 Mr . Clerk , if you will read the items into
14 the record and , since we are beginning to have
15 many zoning items on the record , I think it will
16 be sufficient to have the name of the applicant ,
17 the hearing number and the location ; and we don ' t
18 have to read all of the requests into the
19 record .
20 MAYOR SAMSON : Mr . Clerk , should we have
21 those papers next meeting at the door so anybody
22 who wants to - - -
23 THE CLERK : I think we distributed about 70
24 copies of the agenda , sir .
® 25 MAYOR SAMSON : Fine .
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411 1 THE CLERK : Item 6 -A, B . C . L . C . , Inc . ,
2 Contract purchaser Michael Deezer Colonial Palace
3 Apartment /Hotel ( Hearing deferred from 12 /11/97
4 Commission Meeting) .
5 Hearing number 97 - 122 , 97 - 12 - CZ- SUN- 1 .
6 Location 18101 through 18145 Collins Avenue ,
7 Sunny Isles Beach .
8 MAYOR SAMSON : You don ' t want to read the
9 requests ? I understand - - I guess this is the
10 proper time . I understand there is going to be a
11 request for a deferment at this time .
12 MS . DANHEISSER : May we hear from the
® 13 applicant or the applicant ' s representative ? Mr .
14 Weiner .
15 MR . WEINER : Peter Weiner . I ' m with Deezer
16 properties . My name is Peter Weiner . I ' m with
17 Deezer Properties . Mr . Cliff Schulman , the
18 attorney for the project , had sent a letter to
19 the city clerk requesting a deferment of this
20 item to a date certain , March 26 .
21 The letter stated basically that we were in
22 discussions with the County with the city staff
23 and that until the city was fully staffed we had
24 requested a deferment until March 26 so that the
25 city and the City Commission would have an
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1 opportunity to review the application in full .
® 2 MAYOR SAMSON : Do I hear a motion to accept
3 or reject this application?
4 VICE MAYOR TURETSKY : I make the motion of
5 the application .
6 MS . DANHEISSER : Deferral .
7 VICE MAYOR TURETSKY : To accept the deferral
8 in the application .
9 COMMISSIONER MORROW : I second it .
10 MS . DANHEISSER : To March 26 .
11 COMMISSIONER IGLESIAS : To March 26 .
12 MAYOR SAMSON : Seconded by Commissioner
13 Morrow . Is there anybody that has any discussion
14 regarding this application for deferment ?
15 Does any Commission member have anything to
16 say? I will take a vote .
17 THE CLERK : Just to make it clear , the motion
18 is to defer to March 26 , 1998 . On the motion ,
19 Commissioner Iglesias .
20 COMMISSIONER IGLESIAS : Yes .
21 THE CLERK : Commissioner Kauffman .
22 COMMISSIONER KAUFFMAN : Yes .
23 THE CLERK : Commission Morrow .
24 COMMISSIONER MORROW : Yes .
25 THE CLERK : Vice Mayor Turetsky .
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1 VICE MAYOR TURETSKY : Yes .
®
2 THE CLERK : Mayor Samson .
3 MAYOR SAMSON : Yes .
4 THE CLERK : Motion carries . Five in favor .
5 MAYOR SAMSON : Mr . Clerk , the next item .
6 THE CLERK : The next item, 6 -A, Deezer
7 Properties LLC and Deezer Hotel Management
8 Limited , Thunderbird West .
9 Hearing deferred from December 11 , 1997 ,
10 Commission Meeting . Hearing Number 96 - 567 ,
11 97 - 12 - CZ - SUN- 3 .
12 Location 18445 Collins Avenue , Sunny Isles
13 Beach .
®
14 MAYOR SAMSON : Again , I understand that there
15 is a representative of the - - or developer here
16 is going to again ask for a request for a
17 deferment .
18 MR . WEINER : Peter Weiner for Deezer
19 Properties , I would like to , if I could before I
20 ask for the deferral , ask for two corrections ;
21 one , it is Deezer , D- e - z - e - r and the address is
22 18402 through 18420 Collins Avenue . I think that
23 was a scrivener ' s error .
24 As we had indicated the correction , we also
25 sent a letter to the City requesting a deferral
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411 1 until a date certain , March 26 , in order that we
2 can meet with city staff and give the city an
3 opportunity to fully discuss this application
4 prior to bringing it to the commission .
5 We would request that the commission defer
6 it to a date certain , March 26 .
7 MAYOR SAMSON : Thank you , very much . Do I
8 hear a motion again to accept or defer or to
9 reject this deferment ?
10 COMMISSIONER MORROW : I make a motion we
11 accept the deferment .
12 COMMISSIONER KAUFFMAN : Seconded .
13 MAYOR SAMSON : Motion made by Commissioner
®
14 Morrow . Who seconded it ?
15 COMMISSIONER MORROW : Kauffman .
16 MAYOR SAMSON : Commissioner Kauffman .
17 COMMISSIONER KAUFFMAN : To March 26th .
18 MAYOR SAMSON : Did you correct the address ,
19 Mr . Clerk?
20 THE CLERK : Yes .
21 MAYOR SAMSON : Is there anybody in the
22 audience who has anything to say pro or con
23 whether we accept or reject this application for
24 a deferment ? Does my Commission have anything to
® 25 say? By voice , Mr . Clerk .
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® 1 THE CLERK : Whatever your - - -
2 MAYOR SAMSON : Motion . It was seconded .
3 THE CLERK : It is whatever you prefer .
4 Commissioner Iglesias .
5 COMMISSIONER IGLESIAS : Yes . Yes .
6 MAYOR SAMSON : Are you calling the roll now?
7 THE CLERK : Yes , sir . Commissioner
8 Kauffman .
9 COMMISSIONER KAUFFMAN : Yes .
10 THE CLERK : Commissioner Morrow .
11 COMMISSIONER MORROW : Yes .
12 THE CLERK : Vice Mayor Turetsky .
13 VICE MAYOR TURETSKY : Yes .
®
14 THE CLERK : Mayor Samson .
15 MAYOR SAMSON : Yes .
16 THE CLERK : Five in favor . Motion carries .
17 MAYOR SAMSON : Mr . Clerk , Item C under
18 zoning .
19 THE CLERK : Item 6 -C , Hal Investment System,
20 Inc . , & Bilke Enterprises , Inc . ,
21 Hearing number 98 - 1 - CZ - SUN- 1 . 97 - 97 .
22 Location 17200 through 17276 Collins Avenue ,
23 Sunny Isles Beach .
24 MAYOR SAMSON : I understand that this item
® 25 has been advertised improperly . You know this is
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1 the first time I admit that I ever ran into
®
2 something like this . How do we handle this Madam
3 Clerk - - Madam Attorney? I ' m sorry .
4 MS . DANHEISSER : I would simply request that
5 we can have a motion to defer until proper
6 advertisement or I mean we can always just remove
7 it from the agenda basically .
8 MAYOR SAMSON : I understand but do we have to
9 take any vote on this ? We have to make the
10 public notice of what we are doing here ?
11 MS . DANHEISSER : I think you just did .
12 Usually , I think that we would have our Zoning
410 13 Administrator say to you , but I can just read to
14 you the letter that was written by Lynn Toledo ,
15 the Zoning Hearing Section Supervisor .
16 " It has come to my attention that there was
17 an error discovered in the zoning hearing
18 advertisement for signing variances for Hal
19 Investment System and Bilke Enterprises .
20 Hearing Number 98 - 1 - CZ - SUN- 1 , scheduled for
21 January 22nd non - use variance request was
22 inadvertently omitted . Consequently , this item
23 must be deferred for re - advertisement . Upon
24 speaking with Javier of your staff , it was
25 suggested that the Commission defer this item to
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1 the March 12 zoning agenda . "
® 2 In that case if you would like to have a
3 motion - - -
4 MAYOR SAMSON : Motion , second and a vote .
5 Somebody make a motion .
6 COMMISSIONER MORROW : So move .
7 MAYOR SAMSON : Motion made by Commissioner
8 Morrow . Who seconded it ?
9 COMMISSIONER IGLESIAS : I second the motion .
10 MAYOR SAMSON : Seconded by Commissioner
11 Iglesias . Do I hear a second? You seconded it ,
12 by Iglesias . I ' m so unuse to seeing him .
13 Mr . Clerk , would you please - - -
® 14 THE CLERK : On the motion to defer ,
15 Commissioner Iglesias .
16 COMMISSIONER IGLESIAS : Yes .
17 THE CLERK : Commissioner Kauffman .
18 COMMISSIONER KAUFFMAN : Yes .
19 THE CLERK : Commissioner Morrow .
20 COMMISSIONER MORROW : Yes .
21 THE CLERK : Vice Mayor Turetsky .
22 VICE MAYOR TURETSKY : Yes .
23 THE CLERK : Mayor Samson .
24 MAYOR SAMSON : Yes .
25 THE CLERK : Five in favor . Motion carries .
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® 1 MAYOR SAMSON : Thank you . Mr . Clerk , would
2 you please read Item D .
3 THE CLERK : Yes , sir . Item 6 - D Omnipoint
4 Communications MB Operations , Inc .
5 Hearing Number 98 - 1 - CZ - SUN- 2 , 97 - 475 .
6 Location 17275 Ocean Boulevard , Sunny Isles
7 Beach .
8 MAYOR SAMSON : Mr . Manager , this appeared
9 before on the agenda and you were to come back to
10 this meeting with a report regarding this
11 application .
12 CITY MANAGER DIPIETRO : That ' s correct . Mr .
® 13 Mayor , there was a conditional approval that was
14 issued pursuant to authority granted by the
15 Commission , which had to do - - if there be no
16 aesthetic problems in the panels going up . That
17 determination was made .
18 However , there is still a zoning procedure
19 that we have to go through , both the county and
20 the city , and we have a county representative
21 here tonight who would just go over the technical
22 aspects of that .
23 Mr . Torres is the representative . With your
24 permission , I would ask him to address this .
® 25 MAYOR SAMSON : Can we open this as a public
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® 1 hearing now?
2 CITY MANAGER DIPIETRO : Following his
3 discussion .
4 MAYOR SAMSON : Yes , after discussion . Go
5 right ahead , sir .
6 MR . TORRES : Thank you , Mr . Mayor . My name is
7 Al Torres . I ' m with Dade County or Miami Dade
8 County Department of Planning , Development and
9 Regulation . As the manager has indicated , Dade
10 County in connection with or in conjunction with
11 the city , City Hall , has issued a temporary
12 Certificate of Use in occupancy for the
410 13 construction or placement of those six panel
14 antennas at the roof of this ten - story apartment
15 building .
16 However , as the Manager has indicated , there
17 is still a variance that needs to be considered
18 by this body , and that is what is before you this
19 evening .
20 The Staff recommendations are as follows :
21 The Department has deemed this application to be
22 consistent with Miami Dade Comprehensive
23 Development Master Plan in both the Zoning
24 Division and Planning Division of that - - of the
® 25 county which is recommending approval with
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® 1 conditions of this application .
2 MAYOR SAMSON : The public hearing is open . I
3 will take a motion for discussion only .
4 COMMISSIONER MORROW : I so move .
5 MAYOR SAMSON : Motion made by Commissioner
6 Morrow .
7 COMMISSIONER KAUFFMAN : Seconded .
8 COMMISSIONER IGLESIAS : I second it .
9 MAYOR SAMSON : Seconded by Commissioner
10 Iglesias . This is a public hearing . Is there
11 anybody here that has an adverse position or is
12 objectionable to this application . Public hearing
® 13 closed .
14 Does my Commission have any questions ?
15 COMMISSIONER MORROW : I have a question .
16 MAYOR SAMSON : Yes , ma ' am .
17 COMMISSIONER MORROW : Is there anything at
18 all that may not be in the best interest of our
19 community that you are aware of with this matter
20 as far as the variance?
21 MR . TORRES : Once again , Al Torres .
22 The master plan indicates a small scale
23 utility facility , which are essential to meet the
24 needs of the residential community , are permitted
25 under the master plan . This fits that criteria .
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® 1 These are small panel antennas at the roof top of
2 a ten - story building .
3 They are actually painted , I believe , in
4 accordance with the plans that have been
5 submitted so that they blend in with the
6 building . They are not easily visible from the
7 street .
8 The County ' s professional staff is
9 indicating in the property this will be a
10 compatible use with the area .
11 COMMISSIONER MORROW : Thank you .
12 MAYOR SAMSON : Any other questions ? I said
411 13 the public hearing is closed . Does anybody in
14 the Commission have any opinions ?
15 Mr . Clerk , call the roll .
16 THE CLERK : Could we have a motion on the
17 substance , please?
18 COMMISSIONER MORROW : I so move .
19 COMMISSIONER KAUFFMAN : Seconded .
20 THE CLERK : These are motions to approve . On
21 the motion to approve , Commissioner Iglesias .
22 COMMISSIONER IGLESIAS : Yes .
23 THE CLERK : Commissioner Kauffman .
24 COMMISSIONER KAUFFMAN : Yes .
® 25 THE CLERK : Commissioner Morrow .
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1 COMMISSIONER MORROW : Yes .
® 2 THE CLERK : Vice Mayor Turetsky .
3 VICE MAYOR TURETSKY : Yes .
4 THE CLERK : Mayor Samson .
5 MAYOR SAMSON : Yes .
6 THE CLERK : Five in favor . Motion carries .
7 MAYOR SAMSON : Thank you .
8 Item number seven , Mr . Clerk , is the first
9 reading on Ordinance A .
10 THE CLERK : Item 7 -A ; "An ordinance of the
11 City of Sunny Isles Beach , Florida , establishing
12 a code enforcement procedure ; providing
13 definitions ; providing for civil infractions and
® 14 penalties ; qualifications , appointment , removal
15 and compensation of special masters ; setting
16 forth the powers of special masters ; authority to
17 initiate enforcement ; providing for enforcement
18 procedures including the contents and method of
19 service of civil violation , notice of violations ;
20 providing for civil penalties and related terms
21 construed ; providing for rights of violators ;
22 payment of fine ; right to appeal ; failure to pay
23 and correct or to appeal ; willful, refusal to
24 accept civil violation notice ; scheduling and
25 conduct of hearing ; providing remedies to recover
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411 1 unpaid civil penalties ; unpaid penalties to
2 constitute a lien and providing for foreclosure ;
3 providing for appeals of orders of special
4 masters ; providing for additional enforcement
5 powers ; establishing a schedule of civil
6 penalties ; providing for repeal of conflicting
7 provisions ; providing for severability , inclusion
8 in the code and effective date .
9 MAYOR SAMSON : I want a report from the City
10 Manager before I make a motion for adoption .
11 CITY MANAGER DIPIETRO : Thank you , Mr . Mayor .
12 The recommendation you have before you to adopt
13 the ordinance , this would enable us to have a
®
14 method to enforce the codes . Presently , we are
15 using the county codes - - excuse me - - and when
16 we adopt city codes related to code enforcement
17 matters , in effect , this would give us a local
18 judge whom we call a hearing officer - - excuse my
19 cold - - who would give alleged violators of the
20 city or county code their day in court so that
21 they would have due process .
22 Most of the cities have this procedure . I ' m
23 familiar , personally , with the procedure in North
24 Bay Village , which is very similar to this , that
® 25 worked very well . That is the basis of the
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® 1 recommendation .
2 It would also eliminate the need for the
3 city to hire the county at $450 a code
4 enforcement case . Excuse me .
5 MAYOR SAMSON : Are you through?
6 COMMISSIONER MORROW : Mr . Mayor , I would like
7 to make a motion that we - - it ' s a good thing .
8 MAYOR SAMSON : Let me - - you are doing all of
9 the approving and so forth . Let me tell you . I ' m
10 asking for a motion to adopt or reject this
11 application or to first reading . So , therefore ,
12 will someone please make a motion to adopt or
® 13 reject ?
14 COMMISSIONER MORROW : I make a motion we
15 adopt it . I think it ' s a good thing .
16 MAYOR SAMSON : Motion made by Commissioner
17 Morrow . Do I hear a second?
18 VICE MAYOR TURETSKY : I second it .
19 MAYOR SAMSON : Seconded by Vice Mayor
20 Turetsky . Go right ahead . We are open for
21 discussion .
22 COMMISSIONER MORROW : I think it ' s a good
23 thing when you have the master who can hold the
24 hearings right here in the community . I think
25 that is a very good thing for us .
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411 1 It saves money and it ' s expedient . I ' m in
2 favor of it .
3 MAYOR SAMSON : Now , ladies and gentlemen , on
4 first readings in any other community the public
5 is not allowed to speak , but we have been
6 following a rule where we allow everybody to
7 speak as long as people are orderly and don ' t
8 create a problem about these signs .
9 Is there anybody in the audience that wants
10 to say something whether they are for or against
11 these signs?
12 MS . DANHEISSER : Code enforcement .
13 MAYOR SAMSON : Code enforcement . We are
®
14 inundated with street signs on the sidewalks
15 right -of -way . I ' m not talking about the signs
16 that are permanent . I am taking about signs that
17 what I used to call - - because I ' m a depression
18 child . I used to call them sandwich signs .
19 People used to put them over their back . They
20 would walk along . That was the type of
21 advertisement but we have become more civilized
22 and there is a little more money around , so we
23 just have the sign printed or painted and stuck
24 in the ground somewhere .
® 25 It ' s not very sightly . We have tried to do
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® 1 this prior to this becoming a city . We never had
2 much luck because the county , although they
3 approved of the fact of getting rid of them , they
4 did not have the people to enforce the law , and
5 we are asking for an ordinance now to give us the
6 right to remove signs that are posted in improper
7 places so that the aesthetic value of this City
8 will go up rather than down .
9 Right now Mr . - - the gentleman that raised
10 his hand . You will be able to address this later
11 on at the end of the meeting . Right now you are
12 not on the agenda . You really are not but we
13 will talk to you - - allow you to talk later .
14 A motion was made to adopt this . If anybody
15 wants an explanation of this , I think that I just
16 gave the explanation .
17 If anybody does not - - you want to say
18 something about this , Ellen? Go right ahead .
19 You must come up here and you must announce
20 yourself .
21 MRS . WYNN : Now?
22 MAYOR SAMSON : Well , let them come up . Sir ,
23 you can come up , too . As long as I ' m allowing
24 her to say something , you can come up and talk
25 about it , too .
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1 MRS . WYNN : Ellen Wynn , 272 189th Terrace ,
® 2 Golden Shores , Sunny Isles Beach , Florida . I have
3 waited a long time for this to be brought up
4 because I think it is terrible that the number of
5 signs that we have . Every place we go you can
6 see signs for Pizza ; you can see signs for
7 everything . It does make it look - - well not
8 very classy . And we are trying to get to that
9 point we want to get rid of some few words as
10 Peter said about Sunny Isles . In the past this
11 is a step forward to make it an ordinance that
12 these signs not be allowed .
13 I would appreciate it . I know my family
® 14 would . I know my neighbors would . Thank you .
15 MAYOR SAMSON : Thank you , very much . Before I
16 allow the next gentleman to say something , I just
17 want to tell you that all of the signs that you
18 have seen on posts that tell you that they will
19 reduce your weight 30 pounds in 30 days and they
20 will put you into all sorts of business , if you
21 want to join and go into business, all these
22 signs you will notice have disappeared .
23 If you do see one or two , call the City Hall
24 and I want to tell you that our manager who not
25 only is a City Manager but he is a sign removal
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1 man along with Mr . George Vega who went up and
®
2 down the streets tearing these things down .
3 These companies were notified don ' t put them back
4 up or they will face problems .
5 I want to say that this ordinance is not
6 only for signs ; this ordinance will enable us to
7 enforce the codes of Dade County of which we are
8 following and any codes that we adopt to
9 supersede these codes will give us the weapon to
10 make sure that they are carried out .
11 The way they are going - - we are going to do
12 it is you heard there will be a regulation judge
13 that will hear all cases that have to appear
14 before us . It will not be this body that
15 determines whether you are guilty or honest but
16 it will be a regular judge .
17 Sir , you want to - - have something to say?
18 Is this about your particular - - - your and name
19 address .
20 MR . RAHAEB : My name is Bob Rahaeb ,
21 R- a - h- a- e -b . I have a business here right in this
22 shopping center . It ' s called Five Star Cleaners .
23 I have been here approximately five years . My
24 question about the - - about this particular
25 subject is what is the definition of detachable
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® 1 signs .
2 Is the signs has to be just into the ground,
3 it has to be concreted , how high does it have to
4 be ? The statement - - the way the statement is
5 made any signs that go into the ground you want
6 them removed . I would like to first clarify what
7 is your definition of detachable signs before I
8 make any further statements ?
9 MAYOR SAMSON : May I make a suggestion to you
10 that you appear before Mr . George Vega tomorrow
11 any time after nine o ' clock in this room and in
12 Room 255 - - I ' m sorry . We are not ready yet and
® 13 he will be glad to explain it in detail to you so
14 you know where you are at .
15 MR . RAHAEB : The second thing , I agree some
16 signs advertisers put prices on items and sales ,
17 so forth . My store happens to be behind Christi
18 Lee which is almost impossible for anybody to
19 see . When somebody comes into this shopping
20 center , they don ' t know where I am . The signs
21 that I have in the ground has been there for four
22 years . It simply says the name of my cleaner and
23 a direction . That is it . That is all .
24 MAYOR SAMSON : The ordinance - - the man - -
® 25 our chief planner , code enforcement - - he wears
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® 1 many hats . He will explain to you about a
2 directional sign . See him tomorrow .
3 MR . RAHAEB : I have spoken - - -
4 MAYOR SAMSON : We are not here to hurt you .
5 We are here to help you .
6 MR . RAHAEB : I have spoken with Mr . Vega
7 before . He suggested to me to come talk in the
8 meeting . I say if I have to go to Dade County ,
9 getting a permit for those signs , I have no
10 problem getting a permit if it ' s required one .
11 My thing is , if they take away those signs
12 and somebody comes into the shopping center and
® 13 starts looking for my business , they can ' t find
14 it .
15 MAYOR SAMSON : Again , you are not on the
16 agenda today . I ' m allowing you to say this . I ' m
17 allowing everybody to say something . Come here
18 tomorrow , talk to Mr . Vega . If we have to put
19 him on the agenda at a future date , we will put
20 him on the agenda but we can ' t decide this here
21 right now .
22 VICE MAYOR TURETSKY : Right . I will , Mayor .
23 MAYOR SAMSON : Yes .
24 VICE MAYOR TURETSKY : For clarification , this
25 is a first reading , I believe . If we pass it , we
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411 1 will have to have a second reading where you will
2 be able to present your case .
3 MAYOR SAMSON : Does this pertain to this ?
4 UNIDENTIFIED SPEAKER : It ' s pertaining to
5 beautification that we have .
6 MAYOR SAMSON : We are talking about signs .
7 Talk about that later . Talk about code
8 enforcement .
9 Thank you , very much . Does my Commission
10 have anything else to say?
11 COMMISSIONER KAUFFMAN : I just like to ask a
12 question . If this will be our judge , we call
13 powers of special masters , does he have the
®
14 authority to sit as any judge would and we have
15
16 COMMISSIONER MORROW : Yes , he does .
17 MAYOR SAMSON : If we voted , he does have that
18 power , if he is a retired judge or man .
19 COMMISSIONER KAUFFMAN : We would have the
20 procedure as one would have - - -
21 COMMISSIONER MORROW : In a court , absolutely .
22 COMMISSIONER KAUFFMAN : Issue tickets and
23 fines , et cetera?
24 MS . DANHEISSER : No . No .
® 25 COMMISSIONER MORROW : That ' s correct .
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1 MAYOR SAMSON : Who is that ?
®
2 COMMISSIONER MORROW : Are we in doubt about
3 that ?
4 MS . DANHEISSER : It ' s not a court per se ,
5 Madam Commissioner . It is a - - it is a proceeding
6 and a hearing at which evidence will be taken .
7 The violator will be allowed to present his case .
8 The City Manager will present his case against
9 the violator .
10 They will have an opportunity to
11 cross - examine witnesses and take testimony . Then
12 the Judge will make a decision as to whether , in
13 fact , the violation - - there is a violation and
® 14 whether in fact a fine is owed .
15 MAYOR SAMSON : Are you through , Madam
16 Attorney? Yes , Vice Mayor .
17 VICE MAYOR TURETSKY : I believe the word
18 master means a special master , not a judge ,
19 similar to a judge but a special master has the
20 same powers .
21 Is that correct ?
22 MS . DANHEISSER : The special master will have
23 all the powers that are set forth in the
24 ordinance in Chapter 162 relating to code
25 enforcement procedures .
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1 VICE MAYOR TURETSKY : Thank you .
®
2 COMMISSIONER MORROW : Thank you .
3 MAYOR SAMSON : Any other discussion? Mr .
4 Clerk , would you please call the roll ?
5 THE CLERK : On the motion .
6 MAYOR SAMSON : We have a motion to adopt .
7 THE CLERK : On the motion , Commissioner
8 Iglesias .
9 COMMISSIONER IGLESIAS : Yes .
10 THE CLERK : Commissioner Kauffman .
11 COMMISSIONER KAUFFMAN : Yes .
12 THE CLERK : Commissioner Morrow .
13 COMMISSIONER MORROW : Yes .
®
14 THE CLERK : Vice Mayor Turetsky .
15 VICE MAYOR TURETSKY : Yes .
16 THE CLERK : Mayor Samson .
17 MAYOR SAMSON : Yes .
18 THE CLERK : Five in favor . Second reading
19 will be February 26 .
20 MAYOR SAMSON : Thank you . Mr . Clerk , would
21 you read - - -
22 CITY MANAGER DIPIETRO : Let ' s not establish a
23 hearing date . We are going to talk about
24 meetings in early February .
25 THE CLERK : Would you use the microphones ?
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1 MAYOR SAMSON : We may be changing the meeting
2 date . Hold that off .
3 THE CLERK : On that item , the second meeting
4 will be announced later .
5 MAYOR SAMSON : Mr . Clerk , would you please
6 read Item B?
7 THE CLERK : Item 7 - B . An ordinance of the
8 City of Sunny Isles Beach , Florida , establishing
9 a requirement for all building contractors
10 conducting business within the corporate
11 boundaries of the City Sunny Isles Beach to
12 register with the City ; providing for
13 severability ; providing for an effective date .
®
14 This is the first reading , sir .
15 VICE MAYOR TURETSKY : Would you please give
16 that ordinance a number? I don ' t have it in my
17 agenda .
18 THE CLERK : It ' s Item 7 - B , sir .
19 VICE MAYOR TURETSKY : That would be the
20 ordinance - - -
21 THE CLERK : No , sir , it ' s - - I understand
22 that you all had been for a while using the
23 process of referring to these by ordinance
24 numbers and resolution numbers , and you will
25 recall that on some occasions the Commission has
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® 1 not adopted an ordinance or not adopted a
2 resolution .
3 It ' s best not to preassign a number for
4 those reasons . So this is Item 7 -B in your
5 agenda .
6 MAYOR SAMSON : Madam Attorney , would you
7 please give us a report on this ordinance ?
8 MS . DANHEISSER : Thank you , Mr . Mayor . The
9 purpose of this ordinance is to require , since we
10 recognize a construction and home improvement
11 industry can pose a danger to the public when
12 there is incompetent or dishonest contractors who
13 may provide unsafe or unstable or short - lived
®
14 products or services that is a public safety
15 issue , so the purpose of this ordinance is to
16 require that all building contractors performing
17 work in the city of Sunny Isles Beach register
18 with the City and provide information to the city
19 related to insurance competency and occupational
20 licenses .
21 Fees will be collected in the amount of $ 50
22 for this registration and will hopefully be some
23 protection for the residents of our City against
24 unlicensed , uninsured , uncertified contractors .
25 MAYOR SAMSON : Thank you , Madam Attorney . I
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® 1 will take a motion .
2 COMMISSIONER KAUFFMAN : I would like to make
3 a motion .
4 MAYOR SAMSON : Let ' s adopt it first .
5 COMMISSIONER KAUFFMAN : To adopt the motion .
6 MAYOR SAMSON : You make that motion? Do I
7 hear a second?
8 COMMISSIONER IGLESIAS : Second the motion .
9 MAYOR SAMSON : Seconded by Commissioner
10 Iglesias to adopt the motion .
11 MAYOR SAMSON : By Commissioner Iglesias we
12 are going to have to hire somebody . What is your
411 13 question? Lila Kauffman .
14 COMMISSIONER KAUFFMAN : I have no question . I
15 made the motion to adopt .
16 MAYOR SAMSON : Seconded by Commissioner
17 Iglesias . I thought you had a question . I ' m
18 sorry . Do you have something to say , Commissioner
19 Morrow?
20 COMMISSIONER MORROW : Seems okay to me .
21 MAYOR SAMSON : Does anybody have any question
22 regarding this ordinance? Let me just say this ;
23 that we are attempting to make sure that the
24 people that are doing the work in your homes and
® 25 your condominiums or what have you are registered
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1 people . We will not let them come in here and do
2 what they did in the south end after Hurricane
3 Andrew where it was a shame where people were
4 wiped out were giving their money - - gave their
5 money to contractors , never saw them again .
6 We are only trying to take the precaution to
7 make a safeguard for everybody who lives here . I
8 will say this ; if there is anybody in the
9 audience that serves on the board of directors of
10 condominiums , this is very important to instruct
11 your security people to tell them they want to
12 see their registration number from the City of
13 Sunny Isles Beach before they let them enter the
® 14 building to do any work .
15 That is a safeguard , ladies and gentlemen ,
16 for you .
17 VICE MAYOR TURETSKY : I have a question , Mr .
18 Mayor , on the motion .
19 MAYOR SAMSON : Yes , sir .
20 VICE MAYOR TURETSKY : I know that in our
21 building if somebody is going to move into the
22 building we have a security check . We have them
23 checked out before they are allowed to move in .
24 Pardon me .
25 Now , will this - - when we do this , when we
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1 pass this ordinance , if they are going to come in
®
2 and just give us a $50 fee and go to work , that
3 does not satisfy me . Will they be checked?
4 COMMISSIONER MORROW : That is what we are
5 talking about .
6 MS . DANHEISSER : They are going to register
7 and give us all of the information that is
8 provided in the ordinance .
9 VICE MAYOR TURETSKY : They will be checked .
10 Thank you .
11 COMMISSIONER KAUFFMAN : Madam Attorney , under
12 the ordinance for the City of Sunny Isles Beach ,
13 the establishment does not say the $ 50
®
14 requirement here . It says it for the tag and the
15 number under the Tab 7 - B , but it is not
16 established in the ordinance as it reads here .
17 MAYOR SAMSON : Yes , it is .
18 COMMISSIONER KAUFFMAN : Not on first page .
19 VICE MAYOR TURETSKY : Number D , page three ,
20 letter D .
21 MS . DANHEISSER : A fee as may be amended by
22 resolution and it will not be applicable in those
23 instances where there is an occupational license
24 fee being charged .
25 THE CLERK : I think what the commissioner was
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® 1 asking about is whether or not the title should
2 have an indication about fee . Just the title .
3 VICE MAYOR TURETSKY : Page three .
4 MS . DANHEISSER : The title on first reading
5 to - - -
6 COMMISSIONER KAUFFMAN : Page eight .
7 MS . DANHEISSER : To provide for a
8 registration fee .
9 THE CLERK : We will include that in the
10 title .
11 VICE MAYOR TURETSKY : Page three , Item D .
12 COMMISSIONER KAUFFMAN : No , Irving . Page
13 eight .
®
14 MS . DANHEISSER : Mr . Vice Mayor .
15 VICE MAYOR TURETSKY : Page three , D letter .
16 MS . DANHEISSER : I think Commissioner
17 Kauffman ' s point was to put it in the title .
18 VICE MAYOR TURETSKY : Lila , do you see it ?
19 COMMISSIONER KAUFFMAN : Page eight , top of
20 the page , ordinance of the City of Sunny Isles
21 Beach , Florida , establishing requirement for all
22 building contractors .
23 COMMISSIONER MORROW : Conducting business
24 within the corporate boundaries within the City
® 25 of Sunny Isles Beach to register with the beach
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® 1 providing for severability ; providing for an
2 effective date - - top of page eight .
3 VICE MAYOR TURETSKY : No , page three . After
4 that , you go two , three .
5 MAYOR SAMSON : You know something , I want you
6 to know something . Listen , Lila , what you are
7 contesting here means you never read this book .
8 COMMISSIONER KAUFFMAN : I ' m not protesting .
9 I ' m adding .
10 MAYOR SAMSON : Are you not adding? It ' s in
11 the book .
12 THE CLERK : If I can try to clarify the
411 13 commissioner ' s point that the attorney seems to
14 have conceded to was just in the title of the
15 ordinance . She is reading from the agenda title
16 that we will add the clause to provide for a
17 registration fee in the title , since it is apart
18 of the substance of the ordinance, as Vice Mayor
19 Turetsky is pointing out on page - - -
20 MAYOR SAMSON : That is all very fine and good
21 but if you are going to do all of these things at
22 this particular time , Madam Attorney , let ' s save
23 all of the time of doing this .
24 I read every one of these pages . If anybody
® 25 read the pages , they know that the $ 50 is in
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® 1 here . If we are going to put it in the thing up
2 here , let ' s throw this stuff away .
3 MS . DANHEISSER : It ' s no problem ,
4 whatsoever . I think we can make the motion to
5 adopt the ordinance as amended - - the title as
6 amended .
7 MAYOR SAMSON : I ' m going to allow Mr .
8 Diamond .
9 MR . DIAMOND : Iry Diamond , 251 174th Street .
10 I want to get this straight . In other words ,
11 anyone who comes to work in our building must be
12 registered with the City of Sunny Isles .
13 Otherwise , they cannot work .
®
14 Is that correct ? Thank you .
15 COMMISSIONER IGLESIAS : Right .
16 MAYOR SAMSON : We have a motion to adopt .
17 Are there any other remarks anybody wants to
18 make ? I make - - we have a motion to adopt . Mr .
19 Clerk , call the roll .
20 THE CLERK : On the motion to adopt as
21 amended , Commissioner Iglesias .
22 COMMISSIONER IGLESIAS : Yes .
23 THE CLERK : Commissioner Kauffman .
24 COMMISSIONER KAUFFMAN : Yes .
® 25 THE CLERK : Commissioner Morrow .
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1 COMMISSIONER MORROW : Yes .
®
2 THE CLERK : Vice Mayor Turetsky .
3 VICE MAYOR TURETSKY : Yes .
4 THE CLERK : Mayor Samson .
5 MAYOR SAMSON : Yes .
6 THE CLERK : Motion carries . Second reading
7 will be announced a little later in the meeting .
8 MAYOR SAMSON : Mr . Clerk , would you please
9 read the second reading on Item Number C?
10 THE CLERK : Yes , sir . There is Item 7 - C .
11 This is a second reading of an ordinance .
12 Therefore a public hearing ; an ordinance relating
13 to the rules of procedure of the City Commission
®
14 of the City of Sunny Isles Beach , Florida
15 repealing Section 2 - 1 of Article One , Chapter 2
16 of the Code of Metropolitan Police Dade County,
17 Florida , in its entirety , Resolution 97 - 2 of the
18 City of Sunny Isles Beach , Florida ; adopting
19 Robert ' s Rules of Order ; enacting the new rules
20 of procedure of the City Commission ; providing
21 for severability , inclusion in the - - in the
22 code , and an effective date .
23 MAYOR SAMSON : Madam Attorney, would you
24 please give us a report on this second reading?
25 MS . DANHEISSER : Mr . Mayor , this is the
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411 1 ordinance that we have had a workshop meeting on
2 and discussion about and we have agreed that
3 these rules constitute a clarification of our
4 procedure set forth in writing for everyone to
5 understand and know what exactly our procedure is
6 with respect to adoption of ordinances , votes ,
7 reconsideration of votes , addressing the
8 Commission and so forth .
9 I think we have discussed it at length . I
10 will be happy to answer any questions , and that
11 is basically it .
12 MAYOR SAMSON : Thank you , very much . Public
13 hearing is open . Is there anybody in the audience
14 that has anything to say regarding the second
15 reading of this item?
16 MR . GEIMER : I want to speak about the
17 contractors having a license .
18 MAYOR SAMSON : That is passed , sir .
19 VICE MAYOR TURETSKY : Passed already , done .
20 MAYOR SAMSON : That was the first reading .
21 VICE MAYOR TURETSKY : Second reading .
22 MAYOR SAMSON : Come back on the second
23 reading .
24 MR . GEIMER : That has not passed yet .
25 MAYOR SAMSON : No . It passed on the first
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411 1 hearing . It has to pass on a second hearing . Do
2 does anybody have any remarks to make regarding
3 the second reading after ordinance relating to
4 the rules of procedure of the City Commission of
5 the City of Sunny Isles , Beach? What is that ?
6 VICE MAYOR TURETSKY : Is that for the public
7 or the Commission?
8 MAYOR SAMSON : That is for the public . We
9 have the right to speak . If there is nobody who
10 has any remark to make pro or con , the public
11 hearing is closed . I may desire a motion to
12 approve this .
13 COMMISSIONER KAUFFMAN : I would like to make
®
14 a motion to adopt as written .
15 COMMISSIONER MORROW : Second .
16 MAYOR SAMSON : Adoption made by Lila
17 Kauffman , seconded by Connie Morrow . Mr . Clerk ,
18 call the roll .
19 THE CLERK : Commissioner Turetsky . May I - -
20 Mr . Mayor .
21 MAYOR SAMSON : The public hearing is closed .
22 Now what do you want to say?
23 VICE MAYOR TURETSKY : Mr . Mayor , you asked us
24 to read this book . I took the time out to read
® 25 it . Mr . Mayor , you asked us to read this book . I
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® 1 took the time out to read the book . I have a
2 question .
3 MAYOR SAMSON : I apologize , Mr . Vice Mayor , I
4 asked you if there was anybody who had anything
5 to say ; you said no .
6 VICE MAYOR TURETSKY : You said the public ,
7 not a commissioner , Mr . Mayor . I won ' t fight
8 with you . If I may - - -
9 MAYOR SAMSON : I want to say before he says a
10 word he is a wonderful commissioner . I have a
11 great group of ladies here and a clerk who do it
12 100 percent . I have a great group on this side
® 13 who do it great . It ' s a lot of fun . Go right
14 ahead .
15 VICE MAYOR TURETSKY : On page five , failure
16 to obtain a quorum . I don ' t quite, understand that
17 paragraph .
18 MAYOR SAMSON : What item is this ?
19 VICE MAYOR TURETSKY : That we are voting on
20 now , Mr . Mayor , 5 . 04 .
21 MS . DANHEISSER : Mr . Vice Mayor , what this
22 means is that if we do not have three of our five
23 commissioners present at the end of 30 minutes
24 when the Commission meeting is supposed to begin ,
25 all right , the presiding officer or the clerk may
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all1 adjourn the meeting until another hour , a day ,
2 unless by unanimous agreement those members
3 present select another time .
4 Basically , you have to have three of five in
5 order to have a quorum .
6 VICE MAYOR TURETSKY : If you have a quorum,
7 three of five , they have the meeting two out of
8 three can pass whatever happens .
9 MS . DANHEISSER : Yes , sir .
10 VICE MAYOR TURETSKY : Thank you .
11 MS . DANHEISSER : Unless it ' s a super majority
12 required for a particular measure that is being
13 adopted .
®
14 VICE MAYOR TURETSKY : I just want to know if
15 our Commission understands it clearly .
16 MS . DANHEISSER : If there is a four- fifths
17 vote required , obviously , that cannot be passed
18 in a meeting with only three commissioners
19 present .
20 COMMISSIONER MORROW : I have a question , Mr .
21 Mayor , to our Vice Mayor . Irving , are you
22 concerned about something that you can share ?
23 VICE MAYOR TURETSKY : Connie , I just
24 expressed myself .
25 COMMISSIONER MORROW : Is there something
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1 maybe we should reconsider?
® 2 VICE MAYOR TURETSKY : What it means if Connie
3 and I are not here you three can pass .
4 COMMISSIONER MORROW : Or if Lila and I are
5 not here , you three could pass it .
6 COMMISSIONER IGLESIAS : Unless it requires
7 four of the five votes .
8 MAYOR SAMSON : Says there are certain things
9 that we have to have four votes before you can
10 control a meeting or have a meeting . This means ,
11 yes , you understand that if three people are
12 here , they can run the City and pass ordinances .
13 All right .
14 MR . TORRES : So show up .
15 VICE MAYOR TURETSKY : Thank you .
16 MAYOR SAMSON : He is mad now . What can I do
17 with him? Where are we at , Mr . Vice Mayor? I ' m
18 sorry . You got me all off base .
19 Mr . Clerk , would you - - did we vote on
20 that ?
21 THE CLERK : Not yet . We have a motion on the
22 floor .
23 MAYOR SAMSON : We have a motion on the second
24 - - on Item C on the - - relating to the rules of
25 procedures of the City . Call the ' roll , Mr .
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® 1 Clerk .
2 THE CLERK : Commissioner Iglesias .
3 COMMISSIONER IGLESIAS : Yes .
4 THE CLERK : Commissioner Kauffman .
5 COMMISSIONER KAUFFMAN : Yes .
6 THE CLERK : Commissioner Morrow .
7 COMMISSIONER MORROW : Yes .
8 THE CLERK : Vice Mayor Turetsky .
9 VICE MAYOR TURETSKY : No .
10 THE CLERK : Mayor Samson .
11 MAYOR SAMSON : Yes .
12 THE CLERK : Four in favor , one opposed .
13 Second reading . I ' m sorry . Ordinance is
®
14 adopted . The next item .
15 MAYOR SAMSON : That is okay . He is okay .
16 THE CLERK : Next item on the agenda is Item
17 7 -D , which is also a public hearing second
18 reading of an ordinance of the City Commission of
19 the City of Sunny Isles Beach , Florida ,
20 establishing an interim impact fee schedule for
21 police services ; providing for Legislative
22 findings ; providing definitions ; providing for
23 impact fees in general ; providing for impact fee
24 computation formula ; providing for exemptions ;
25 providing for impact fee expenditures ; providing
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411 1 for establishment of impact fee fund ; providing
2 for severability and an effective date .
3 MAYOR SAMSON : Ladies and gentlemen , I ' m
4 going to turn this over to the City Manager who
5 is going to give you an explanation .
6 Pay attention to what he is telling you . Mr .
7 DiPietro , would you kindly report on this item?
8 CITY MANAGER DIPIETRO : Thank . you , Mr . Mayor .
9 The most important fact about this fee is that it
10 currently exists , and it ' s paid to Metropolitan
11 Dade County . This is a fee transfer .
12 So , as the Mayor reported earlier , this
13 relates only to new development but right now
®
14 it ' s paid to Miami Dade County .
15 So what we are trying to do in this
16 ordinance is have that same money come to the
17 City in the future since we are developing our
18 own Building Department . There is no change in
19 taxation to the new developers , but the money
20 would come to the City . Thank you .
21 MAYOR SAMSON : Are you through , Jim?
22 CITY MANAGER DIPIETRO : Yes , sir .
23 MAYOR SAMSON : Sorry you got a cold . Ladies
24 and gentlemen , this is a public hearing . It is
25 open now and if there is anybody in the audience
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1 that wants to say something about this ordinance ,
2 please now is the time to .
3 Before we close the public hearing - - I
4 don ' t see any hands up . Is there anybody in my
5 Commission that has any question regarding this ?
6 Does anybody want a better explanation of
7 this ? I accept . What is that ?
8 MR . MOON : I would like to know what the
9 impact fees are .
10 MAYOR SAMSON : Mr . Manager , may I explain
11 that ?
12 CITY MANAGER DIPIETRO : Yes , sir .
13 MAYOR SAMSON : You got a cold . If you read
14 it , it says there is an impact fee schedule for
15 police services and later on there will be one
16 for parks and recreation and anything that was
17 being paid previous to this time to the county
18 for whatever was done in the construction of new
19 buildings will now remain here . It will stay
20 with us .
21 Now , this is part of the reason why we
22 became a City , is to retain the money and not let
23 it go somewhere else so that we can use it for
24 ourselves . Yes , sir .
25 MR . MOON : What is the use of the word
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411 1 impact ?
2 MAYOR SAMSON : Please , you have to get up and
3 announce yourselves .
4 MR . MOON : Tim Moon , North Bay Road , Golden
5 Shores . I was wondering what the word impact
6 means .
7 MAYOR SAMSON : The word impact is exactly
8 what it implies . When the new building is built ,
9 it ' s an impact on the area .
10 MR . MOON : They do a survey .
11 MAYOR SAMSON : We feel there is a schedule
12 set up by the County - - Madam Attorney if I say
13 something wrong - - there is a schedule set up by
®
14 the county that says you have to pay so much to
15 the municipality to the county wherever the case
16 may arise to offset expenses that are going to
17 come up because of the construction of that piece
18 of property .
19 COMMISSIONER MORROW : Is that to the
20 citizens ?
21 MAYOR SAMSON : What is that ?
22 COMMISSIONER MORROW : Are the people going to
23 be paying for it ?
24 MAYOR SAMSON : No . It ' s only paid by new
® 25 developers or anybody - - -
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1 COMMISSIONER MORROW : I know that .
®
2 MAYOR SAMSON : Anybody that is developing
3 something . Everything that is being done here ,
4 ladies and gentlemen , is a plus for the
5 community . Nobody is paying any extra taxes .
6 It ' s only the people coming in constructing
7 building or remodeling buildings that will have
8 to pay impact fees for many things as we did for
9 police , landscaping , libraries for a lot of other
10 things . I will accept a motion to adopt this
11 ordinance .
12 COMMISSIONER MORROW : I will so move .
13 MAYOR SAMSON : Motion made by Commissioner
®
14 Morrow .
15 COMMISSIONER KAUFFMAN : Seconded .
16 MAYOR SAMSON : Seconded by Commissioner Lila
17 Kauffman . Again there are no objectors . Mr .
18 Clerk , take the roll call .
19 THE CLERK : Commissioner Kauffman .
20 COMMISSIONER KAUFFMAN : Yes .
21 THE CLERK : Commissioner Morrow .
22 COMMISSIONER MORROW : Yes .
23 THE CLERK : Commissioner Iglesias .
24 COMMISSIONER IGLESIAS : Yes .
25 THE CLERK : Vice Mayor Turetsky .
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1 VICE MAYOR TURETSKY : Yes .
®
2 THE CLERK : Mayor Samson .
3 MAYOR SAMSON : Yes .
4 THE CLERK : The ordinance is adopted . Five
5 in favor . Thank you very much .
6 MAYOR SAMSON : Item E .
7 THE CLERK : Item 7 -E in the agenda . An
8 ordinance of the City Commission of the City of
9 Sunny Isles Beach , Florida , establishing interim
10 parks and recreation impact fees schedule ;
11 providing for Legislative findings ; providing
12 definitions ; providing for impact fees in
13 general ; providing for impact fee schedule ;
®
14 providing for exemptions ; providing for impact
15 fee expenditures ; providing for establishment ;
16 impact fee fund ; providing for severability and
17 effective date .
18 This is second reading , public hearing , sir .
19 MAYOR SAMSON : Thank you . Report from the
20 City Manager .
21 CITY MANAGER DIPIETRO : Mr . Mayor , this is
22 similar to the last item that you considered .
23 Currently , new developers are paying a recreation
24 impact fee to Dade County ; that same fee is
25 proposed for Sunny Isles when this ordinance
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411 1 takes effect . They will no longer pay the county
2 for that same fee .
3 MAYOR SAMSON : Does everybody understand?
4 It ' s a public hearing . The public hearing is
5 open . Does anybody have any remarks to make?
6 No remarks to make . Does any Commissioner
7 have anything to say? Any remarks?
8 COMMISSIONER KAUFFMAN : Just a question .
9 Point of information . These impact fees are paid
10 by the developers ?
11 MAYOR SAMSON : By the developers .
12 COMMISSIONER KAUFFMAN : So , it won ' t impact
13 on our citizens ?
®
14 COMMISSIONER MORROW : Absolutely .
15 MAYOR SAMSON : That ' s right . I make a motion
16 to adopt .
17 COMMISSIONER KAUFFMAN : I would like to make
18 a - - -
19 MAYOR SAMSON : Motion made by Lila Kauffman .
20 Seconded by Commissioner Connie Morrow .
21 Mr . Clerk , please take the roll .
22 THE CLERK : On the ordinance , Commissioner
23 Morrow .
24 COMMISSIONER MORROW : Yes .
25 THE CLERK : Commissioner Kauffman .
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1 COMMISSIONER KAUFFMAN : Yes .
2 THE CLERK : Commissioner Iglesias .
3 COMMISSIONER IGLESIAS : Yes .
4 THE CLERK : Vice Mayor Turetsky .
5 VICE MAYOR TURETSKY : Yes .
6 THE CLERK : Mayor Samson .
7 MAYOR SAMSON : Yes .
8 THE CLERK : Five in favor . The ordinance is
9 adopted .
10 MAYOR SAMSON : Madam Attorney . Item 8 ,
11 resolution . That is not a public hearing?
12 MS . DANHEISSER : That ' s correct . This is a
13 resolution for the Commission .
®
14 MAYOR SAMSON : Thank you . Mr . ' Clerk , would
15 you please read Item 8 , under eight .
16 THE CLERK : Yes , sir . Item 8 -A is a
17 resolution of the City Commission of the City of
18 Sunny Isles Beach , Florida , authorizing the City
19 Manager to make application for the State of
20 Florida Highway Beautification Grant on behalf of
21 the City in the amount of $ 60 , 000 with matching
22 funds from the City based on conceptual plans
23 provided by O ' Leary Design Associates attached in
24 the agenda as Exhibit A .
® 25 MAYOR SAMSON : Before I allow Mr . O ' Leary to
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1 show you , do you have some renderings , Bill ?
2 MR . O ' LEARY : Yes .
3 MAYOR SAMSON : Before I allow him , does
4 anybody have any question to ask what we are
5 doing here? Who has a question? He gets up and
6 speaks now , Madam Attorney?
7 MS . DANHEISSER : I ' m sorry .
8 MAYOR SAMSON : I asked if anybody does not
9 understand what this is all about . Do I let them
10 talk now or after the landscape artist shows his
11 plans?
12 MS . DANHEISSER : It just seems logical to
13 allow the presentation and then we can have
®
14 comments on it .
15 MAYOR SAMSON : Sir , we will allow you to
16 speak . Mr . O ' Leary is a registered landscape
17 artist .
18 COMMISSIONER IGLESIAS : Architect .
19 MAYOR SAMSON : I want to give you a little
20 good news . He is the man that does the
21 landscaping in Bal Harbor . I don ' t think anybody
22 will find fault with his work at this point .
23 Mr . O ' Leary , please give us a report on what
24 you are going to do .
25 MR . O ' LEARY : Thank you , Mr . Mayor , Members
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1 of Council . Bill O ' Leary , Landscape Architect .
2 This is a grant that we are attempting to secure
3 from the City of Miami .
4 The State of Florida yearly gives out these
5 grants , Highway Beautification Grants , and we
6 have selected for purpose of landscaping the area
7 where the Lehman Causeway actually runs into
8 Collins Avenue .
9 I have a rendering here which I will also
10 pass to the City Council where we intend to
11 beautify . We intend to use some of the same date
12 palms that you will see in Bal Harbor to beautify
13 that particular area .
®
14 This is the same thing that some of you saw
15 in black and white in color , all right . They
16 have that . All right . The whole idea is that we
17 will have designed this plan for a budget of
18 $ 120 , 000 . It ' s $60 , 000 matched by the City of
19 Sunny Isles Beach , $ 60 , 000 from the State of
20 Florida .
21 We have used plants that are certainly
22 tolerant to that particular environment . It ' s a
23 pretty harsh environment . We will have some
24 flowering , plants ; we will have the very stately
25 palms and that is really it in a nutshell , Mr .
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® 1 Mayor .
2 MAYOR SAMSON : Does anybody have any
3 question? You understand - - one second . You
4 understand you can come up . You can come up
5 now . You will have to give your name and talk .
6 You understand this is a state grant . It ' s
7 matching funds . The landscape artist figured this
8 is where he starts . The people that are really
9 going to benefit are the people of Sunny Isle but
10 it ' s definitely going to hit Golden Shores first .
11 Then we will move forward . We will move - -
12 when I say move , we will move southward and we
13 will attempt to beautify this area to the utmost ,
®
14 hoping that some day , if I live long enough , to
15 have those palms trees on Collins Avenue on both
16 sides of the street .
17 If anybody has any questions , please step up
18 right now . Mr . Marty , do you want to say
19 something?
20 MR . MARTY : No . You answered my question .
21 MAYOR SAMSON : I think you lost your voice .
22 Go right ahead . Again , ladies and gentlemen ,
23 everything here is being done for the betterment
24 of the area .
25 MR . RUBIN : Herb Rubin , Golden Shores . I have
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® 1 a book that was made up - - I had forgotten it at
2 home ; I ' m terribly sorry - - by myself and what is
3 his name - - Chuck Rosen which is identical to
4 this . Only it ' s in more pictures .
5 I was supposed to bring it up and give it to
6 Dave , and I will catch a hold of him during the
7 week and give it to him .
8 MAYOR SAMSON : Thank you , very much . Ladies
9 and gentlemen , you heard - - anybody else have
10 anything to say? You heard the consulting
11 landscaping artist . There are no other remarks .
12 This is a giant step forward , again , for this new
® 13 City .
14 I want to tell you something . We are moving
15 fast . We really are and we are really doing
16 things that nobody ever expected us to do .
17 I will now take a motion . Yes , sir , Mr .
18 Iglesias .
19 COMMISSIONER IGLESIAS : Yes , Mr . Mayor . I
20 couldn ' t help overhearing when you said that Mr .
21 O ' Leary is the landscape architect of Bal Harbor
22 and what a beautiful job he has done over there ,
23 which is absolutely true .
24 MAYOR SAMSON : Did I make a mistake?
25 COMMISSIONER IGLESIAS : No , you did not make
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® 1 a mistake . You made a clear fact . I heard
2 everybody go awe . It ' s very true . It ' s very
3 beautiful over there .
4 Ladies and gentlemen , you have to remember
5 we have a lot to go in this area . We have light
6 poles , power lines . Until we make an effort of
7 burying them , we will never look like Bal
8 Harbor . It ' s a tremendous improvement , what we
9 are to see here in the next couple of years but
10 that is an effort that we are going to try to
11 perceive - - to pursue to try to get these new
12 developers when they go up to bury the overhead ,
411 13 if possible , deal with them because to get a
14 landscape like Bal Harbor - - just take a look and
15 drive around and see how uncluttered they are .
16 But it is a step forward and I also like to
17 say at this time that Mr . O ' Leary works with me
18 with the Florida Department of Transportation .
19 Therefore , before the vote comes up , I have to
20 rescind from voting on this . Thank you , very
21 much .
22 MR . O ' LEARY : Mr . Mayor , might I add one
23 thing? What Danny Iglesias just said about the
24 overhead lines , the reason that those overhead
® 25 lines severely limit what we are going do is that
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1 Florida Power & Light have some serious
2 restrictions about what can be planted under
3 those power lines , for obviously reasons , and he
4 is correct .
5 The only reason we are able to do what we
6 did in Bal Harbor is because all the utility are
7 under ground , not only is it an issue of removing
8 the clutter , the visual clutter , but it allows us
9 to do something much more beautiful . Because I
10 don ' t have to concern myself with something that
11 is going to be growing into the power lines and
12 create a hazard .
® 13 MAYOR SAMSON : Ladies and gentlemen , after
14 this - - after I say this , the city attorney will
15 probably kill me but I ' m going to say something .
16 I hope I live long enough to achieve all these
17 things that you hear about , buried power lines
18 and we are attempting - - when I say " we , " this
19 wonderful Commission , that if any variances are
20 going to be made on the west side of the street ,
21 they will be moved back so far that we will widen
22 the street some day . Then we will have the same
23 thing as in Bal Harbor . Today we got a problem
24 because our center strip is narrow and it ' s a lot
® 25 of concrete .
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1 The first thing we will try to do is get rid
2 of the concrete as soon as we can , plant it and
3 then widen the street . I hope whoever follows me
4 has my thoughts and will fulfill my thoughts .
5 Some day in many of your lifetimes , you will
6 see an extension of Sal Harbor in Sunny Isle .
7 You are going to kill me for what I said . I
8 didn ' t say nothing wrong .
9 Would you make a motion? No . He wants to
10 make the motion .
11 VICE MAYOR TURETSKY : Wait a minute . Connie ,
12 I asked for permission . Okay .
13 I make a motion we accept the resolution to
14 hire Bill O ' Leary to do this work . Thank you .
15 MAYOR SAMSON : Do I hear a second?
16 COMMISSIONER KAUFFMAN : I would like to
17 second that motion .
18 MAYOR SAMSON : Seconded by Commissioner
19 Kauffman and now , Mr . Clerk , will you read the
20 roll call ?
21 THE CLERK : If I could just sort of help the
22 Vice Mayor on the wording of the motion , is this
23 a motion - - -
24 MAYOR SAMSON : Please .
25 THE CLERK : Authorize the manager to - - well ,
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411 1 it ' s a motion it approve the Resolution , Item 6 -A
2 - - 8 -A .
3 MAYOR SAMSON : Do you have anything to say,
4 Bill ?
5 THE CLERK : I ' m sorry .
6 MAYOR SAMSON : Take the roll call .
7 THE CLERK : Commissioner Iglesias has
8 abstained . Commissioner Morrow .
9 COMMISSIONER MORROW : Yes .
10 THE CLERK : Commissioner Kauffman .
11 COMMISSIONER KAUFFMAN : Yes .
12 THE CLERK : Vice Mayor Turetsky .
13 VICE MAYOR TURETSKY : Yes .
®
14 THE CLERK : Mayor Samson .
15 MAYOR SAMSON : Yes .
16 THE CLERK : Four in favor , one abstention .
17 Motion carries .
18 MAYOR SAMSON : Ladies and gentlemen , the next
19 item is a motion for an award on a bid of a
20 telephone system and cabling . Report from the
21 City Manager .
22 I ' m sorry . Jim , I know you have got a cold .
23 CITY MANAGER DIPIETRO : No . No . My
24 pleasure . We publicly advertised for telephone
25 system for the new City Hall . We sent out
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411 1 personal invitations to nine bidders , and we
2 received two proposals - - two proposals .
3 The reason we received so few proposals is
4 that we insisted that the company that sells us
5 the phone be responsible for the wiring within
6 the City Hall , but the two companies are very
7 well known to say the least ; one is BellSouth ,
8 who we are not recommending and the low bid was
9 TeleSystem , who has a number of municipalities ,
10 including North Bay Village .
11 The bid award would be for $ 14 , 000 and there
12 is documentation . It provides all of the standard
13 features that you expect in a modern phone system
®
14 and it would completely house the City Hall
15 phones . It would cover the whole needs for this
16 area here .
17 That is the basis of recommendation .
18 MAYOR SAMSON : Thank you , very much . Do I
19 hear any remarks regarding this bid? Ladies and
20 gentlemen , I will accept a motion to adopt this
21 resolution . What happened here ?
22 COMMISSIONER IGLESIAS : I will make a motion
23 we accept the resolution .
24 MAYOR SAMSON : Motion made by Commissioner
® 25 Iglesias to adopt .
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1 VICE MAYOR TURETSKY : I second the motion .
2 MAYOR SAMSON : Seconded by Vice Mayor
3 Turetsky . This is a great crew . No remarks .
4 Call the roll , Mr . Clerk .
5 THE CLERK : Commissioner Iglesias .
6 COMMISSIONER IGLESIAS : Yes .
7 THE CLERK : Commissioner Kauffman .
8 COMMISSIONER KAUFFMAN : Yes .
9 THE CLERK : Commissioner Morrow .
10 COMMISSIONER MORROW : Yes .
11 THE CLERK : Vice Mayor Turetsky .
12 VICE MAYOR TURETSKY : Yes .
® 13 THE CLERK : Mayor Samson .
14 MAYOR SAMSON : Yes .
15 THE CLERK : Five in favor . The resolution is
16 approved .
17 MAYOR SAMSON : The next item , award of
18 proposal and Janitorial Maintenance Service .
19 Report of the City Manager .
20 CITY MANAGER DIPIETRO : Thank you , Mr .
21 Mayor . Here again it ' s a similar idea , a little
22 different procedure . We have need for janitorial
23 services for the new City Hall . We , by
24 invitation , three companies - - known to be as
® 25 well experienced in this area - - were invited to
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411 1 submit proposals and one has done work here in
2 the City ; another has done work in North Bay
3 Village and the third is very well - known . That
4 is documented in the packet .
5 The three companies we recommend , the low
6 proposals which would be Hugo ' s Cleaning Service
7 in the amount of $ 10 , 950 . This would include all
S supplies as well as all cleaning services that
9 are specified so any - - all right .
10 The city attorney is just going over some
11 numbers with me . There are two parts to the bid ;
12 it ' s 900 a month for the first six months for
13 each month and 925 per month for the next six
14 months , but the total is $ 10 , 950 . That is the
15 basis of the recommendation .
16 MAYOR SAMSON : Are there any remarks or any
17 discussion regarding this bid contract ? I will
18 take a motion for the adoption of this motion to
19 accept this proposal .
20 COMMISSIONER IGLESIAS : I make a motion we
21 accept this proposal .
22 MAYOR SAMSON : Do I hear a second?
23 COMMISSIONER MORROW : Second .
24 MAYOR SAMSON : Seconded by Connie Morrow .
® 25 Thank you very much . Mr . Clerk , take the roll
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1 call .
® 2 THE CLERK : Commissioner Iglesias .
3 COMMISSIONER IGLESIAS : Yes .
4 THE CLERK : Commissioner Morrow .
5 COMMISSIONER MORROW : Yes .
6 THE CLERK : Commissioner Kauffman .
7 COMMISSIONER KAUFFMAN : Yes .
8 THE CLERK : Vice Mayor Turetsky .
9 VICE MAYOR TURETSKY : Yes .
10 THE CLERK : Mayor Samson .
11 MAYOR SAMSON : Yes .
12 THE CLERK : Five in favor .
13 MAYOR SAMSON : Ladies and gentlemen - -
14 THE CLERK : Passed .
15 MAYOR SAMSON : Ladies and gentlemen , how do
16 you appreciate the operation of this City to this
17 point ? I mean do you enjoy what we are doing? I
18 know the court reporter is having a ball here .
19 Usually , she does not laugh . Anyway , thank
20 you very much for coming . It ' s heartening to us ,
21 sitting up here that you people think enough to
22 take the time and come to see what we are doing ,
23 how hard we are striving to do everything we can
24 for the betterment of this area , which has never
25 happened before .
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® 1 We are going to keep all of our promises .
2 There are some new people here tonight and I
3 would just like to take one moment to introduce
4 what we are doing at this time .
5 Our Clerk , Richard Brown , is at my far
6 right . Commissioner Lila Kauffman ; Commissioner
7 Connie Morrow ; Vice Mayor Irving Turetsky ;
8 Commissioner Danny Iglesias ; our City Manager ,
9 who is tops , Mr . Jim DiPietro and our wonderful
10 City Attorney who is leading us on the right way,
11 City attorney Lynn Danheisser and Mr . George Vega
12 who is the planning man and the ordinance man ,
13 who makes sure everything will be right .
14 I understand that - - and Mr . : Jack Neustad
15 who is our financial man , who tells us at the
16 present time we are financially secure . That is
17 very important . Isn ' t it ?
18 Now , ladies and gentlemen , I would like to
19 turn this over for staff discussions . Mr . City
20 Manager , take over .
21 CITY MANAGER DIPIETRO : If people thought you
22 could never have fun in government , I think we
23 will with this next item . We received a donation
24 of a coffee pot today at City Hall .
25 MAYOR SAMSON : Let me say - - I know his
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1 voice . There was a fellow coming up to see him .
2 You said you know I can ' t give you a cup of
3 coffee . We are so rustic the fellow comes up
4 with his own coffee pot . We can ' t accept it . So
5 he has to ask him for payment .
6 I need your vote to accept this gift on
7 behalf of the City .
8 Do I hear a motion?
9 VICE MAYOR TURETSKY : Vice Mayor Turetsky
10 makes a motion at that we accept the coffee pot
11 gift .
12 MAYOR SAMSON : Do I hear a second?
13 COMMISSIONER IGLESIAS : I second the motion .
14 MAYOR SAMSON : Seconded by Danny Iglesias . I
15 would like to ask how many couples - - first Mr .
16 Clerk , I want to hear a roll call .
17 THE CLERK : On the motion to accept the
18 coffee pot , Commissioner Kauffman .
19 COMMISSIONER KAUFFMAN : Yes .
20 THE CLERK : Commissioner Morrow .
21 COMMISSIONER MORROW : Yes .
22 THE CLERK : Commissioner Iglesias .
23 COMMISSIONER IGLESIAS : Yes .
24 THE CLERK : Vice Mayor Turetsky .
® 25 VICE MAYOR TURETSKY : Yes .
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411 1 THE CLERK : Thank you . Mayor Samson .
2 MAYOR SAMSON : His hearing aid doesn ' t work .
3 THE CLERK : Mayor Samson .
4 MAYOR SAMSON : Dave Samson , yes .
5 THE CLERK : Five in favor . Motion carries .
6 MAYOR SAMSON : Any other staff item?
7 CITY MANAGER DIPIETRO : If everyone is free
8 we have one meeting scheduled for next month .
9 This was preprogrammed several months ago . If
10 everyone is open on the fifth - - it will be two
11 weeks from tonight .
12 MAYOR SAMSON : What day is that ?
® 13 CITY MANAGER DIPIETRO : The fifth , it ' s a
14 Thursday . Two weeks from tonight . We would like
15 to suggest that we have - - we would like to go
16 ahead and schedule that meeting so we can
17 advertise a couple of these ordinances for second
18 reading . There would be a couple other items
19 coming up , one of which your mayor , your program
20 in mind about the trash receptacles .
21 MAYOR SAMSON : I want that on , the agenda .
22 CITY MANAGER DIPIETRO : That would be the
23 fifth . The other one is scheduled for February,
24 fifth , which is three weeks after that .
25 MAYOR SAMSON : I would like to take a motion
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1 to make - - -
2 COMMISSIONER KAUFFMAN : I would like to state
3 the fifth of February is already a planned
4 evening for me . I have not made other plans
5 unless there is a very urgent reason for us all
6 to be there in attendance .
7 MAYOR SAMSON : Lila , let me tell you what is
8 in our minds . What is in the Manager ' s mind .
9 Well ladies and gentlemen , let me tell you
10 what this is . Let ' s go from there and take the
11 vote . For years , this has been the dumping spot
12 of Northeast Dade County . They can hear me
13 without the thing .
®
14 It has been a dumping spot ; everybody throws
15 stuff on the ground ; nobody picks it up and so
16 it ' s a mess .
17 What the manager has asked the Commission to
18 approve is the purchase of concrete waste
19 receptacles with the City logo on them, which
20 would be placed - - they weigh 450 pounds so
21 nobody is going to steal them - - which would be
22 placed up and down as much as we have funds at
23 the present time ; and then we would make
24 arrangements for these receptacles to be opened
25 for - - opened and emptied rather at regular
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1 intervals and then go after - - and I want in that
®
2 ordinance also there is an ordinance in Dade
3 County that has never ever been enforced but we
4 can enforce it because of George - - that forces
5 the owner of the property to keep his property
6 clean .
7 I would like to have that in an ordinance .
8 So , therefore , that meeting is really very, very
9 important because these receptacles have to be
10 ordered , takes a little time , and we will just be
11 wasting time .
12 In all respect to you , Lila Kauffman , we
13 need a meeting for this .
® 14 MAYOR SAMSON : It ' s an ordinance . You have
15 to accept expenditure of that money . If you feel
16 your other meeting is that important , you can
17 miss this one .
18 If you don ' t you think this is important - -
19 do whatever you want to do .
20 VICE MAYOR TURETSKY : I , in no way intent to
21 be offensive to any of our other commissioners .
22 However - - -
23 MAYOR SAMSON : Go head and say it .
24 VICE MAYOR TURETSKY : There are five of us ,
25 the mayor and four of us . If one of our
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411 1 Commissioners can ' t make one day , one specific
2 meeting , the four of us can still run the City .
3 If Danny can ' t make one day , if he can ' t
4 make it , Lila will be here . If I can ' t make it - -
5 as long as - - that is why I voted no on the other
6 thing . If four of us operate , we can still do
7 it . No offense to you , Lila , and no offense to
8 you , Danny .
9 MS . DANHEISSER : Mr . Vice Mayor , Mr . Mayor ,
10 if I might as presiding officer , jump in here .
11 MAYOR SAMSON : You want to say something?
12 MS . DANHEISSER : I want to make a suggestion
13 that may help everybody out . If the reason that
®
14 you need to have the extra meeting and can ' t wait
15 until the 26th is that you want to proceed on
16 this particular item - -
17 MAYOR SAMSON : Yes .
18 MS . DANHEISSER : - - we can , as we have done
19 in the past which is to delegate the matter to a
20 committee of you and the manager and maybe the
21 finance director or me or whomever you want to
22 proceed with the authority from this Commission
23 based on a motion tonight - - -
24 MAYOR SAMSON : Yes , but I want to ask a
® 25 question . How could I very well sign a contract
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1 prior to the meeting because I may find somebody
2 in the group that does not want to spend that
3 kind of money for the object ?
4 MS . DANHEISSER : Well , do you have the
5 information on how much this is going to cost ?
6 MAYOR SAMSON : I don ' t have it exactly , but
7 it ' s not $ 10 .
8 MS . DANHEISSER : All right . Do you have an
9 amount that maybe that you could be authorized up
10 to - - up to a certain amount ?
11 MAYOR SAMSON : It is about $ 250 a waste paper
12 - - a basket .
13 CITY MANAGER DIPIETRO : It is 232 a unit .
®
14 MAYOR SAMSON : It is 232 I understand . This
15 is not a trifling matter . I don ' t remember
16 whether it ' s plus freight or not . That is not the
17 answer .
18 Ladies and gentlemen , we have one figure but
19 if we know that we have a meeting on a date close
20 by , we will immediately go out for other bids or
21 another company that can do us the same - - build
22 us the same thing maybe to possibly avoid
23 shipping because shipping is a big charge .
24 It weighs 400 and some pounds a piece . We
25 were hoping an initial order we could order 20 of
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411 1 them . I don ' t know . Again , remember , ladies and
2 gentlemen , again in all respect , in all respect
3 to all of our Commissioners , including myself ,
4 there will be times when I will not , will not be
5 able to be here , so we are training him to take
6 my place .
7 COMMISSIONER KAUFFMAN : Mayor , if the meeting
8 goes on for the receptacles , if you need 20
9 receptacles , you have my vote but I would like to
10 put a codicil in those people who decide not to
11 use the receptacles and use the sidewalk pay a
12 very stiff penalty .
® 13 MAYOR SAMSON : Understand , that is a police
14 action . That is a police action . That will become
15 the job of everybody that walks on Collins Avenue
16 so that everybody becomes a policeman . It ' s very
17 hard to say this is only in the hands of the
18 police if the storekeeper knows that he has to
19 keep his personal or his property clean he will
20 also become a policeman .
21 But the fact still remains that if you saw
22 somebody dropping something on the ground and you
23 say don ' t you think that would be nice if you
24 picked that up . That is about all the action we
® 25 can take unless a policeman actually saw him .
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1 This itself - - in time people will take
2 advantage and they will accept the fact that we
3 are only trying to do one thing ; make this City
4 as beautiful as it possibly can be .
5 VICE MAYOR TURETSKY : As quickly - - Mr .
6 Mayor , as quickly as we can , therefore , may I
7 suggest tonight that we authorize the City
8 Manager , the Mayor , Finance Director , whoever has
9 to handle it an authorization to spend up to
10 $ 10 , 000 , which would give us approximately 40
11 cans . Thank you .
12 COMMISSIONER KAUFFMAN : Thank you , Vice
13 Mayor .
14 MAYOR SAMSON : What did he say?
15 COMMISSIONER KAUFFMAN : Being authorized . I
16 don ' t think we need a meeting every time we spend
17 any money .
18 MAYOR SAMSON : This is getting a little out
19 of hand . I never realized this would happen . Mr .
20 Manager , is it really imperative that we really
21 have this meeting? Let ' s have the meeting in
22 February . We will have it ready . Put it first
23 on the agenda so we don ' t have to wait . Put down
24 - -
® 25 CITY MANAGER DIPIETRO : That is fine . Which
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1 date do you want to - - you want to go with the 26
2 or an earlier date ?
3 MAYOR SAMSON : I think there are other things
4 besides trash cans to worry about . I would like
5 this thing to go on February fifth and get it out
6 of the way . Let ' s go .
7 Again , as my able left -hand man said here ,
8 you can ' t depend on all five people to be here at
9 all times .
10 VICE MAYOR TURETSKY : We are here now , Mr .
11 Mayor .
12 MAYOR SAMSON : You can ' t pass on it now .
13 There is no ordinance .
14 COMMISSIONER MORROW : May I ?
15 MAYOR SAMSON : Ladies and gentlemen , all of
16 those in favor .
17 COMMISSIONER IGLESIAS : Hold it . Now Mr .
18 Mayor excuse me . Can we do it on the fourth or
19 the third so Lila can be here?
20 MAYOR SAMSON : Now , we are doing something
21 because the people in this room know that a
22 Thursday is the day of a meeting .
23 COMMISSIONER IGLESIAS : All right .
24 MAYOR SAMSON : You start deviating from days
25 you are going to lose yourself . If you do it on
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1 a Wednesday , somebody else can ' t do it and if you
2 do it on Tuesday I play poker . So I don ' t know .
3 Yes , sir .
4 COMMISSIONER IGLESIAS : Have you been
5 winning?
6 MAYOR SAMSON : I ' m losing .
7 COMMISSIONER IGLESIAS : So have it on a
8 Wednesday .
9 COMMISSIONER MORROW : Mr . Mayor , may I have
10 the floor?
11 MAYOR SAMSON : Without an ordinance - - one
12 second please . Without an ordinance - - -
® 13 MS . DANHEISSER : What I am suggesting to you ,
14 Mr . Mayor , you can get the authority tonight to
15 do exactly what you want to do , if your
16 Commission supports you .
17 COMMISSIONER MORROW : Absolutely .
18 MAYOR SAMSON : Ladies and gentlemen , I give
19 the chair to Vice Mayor Turetsky . I make a
20 motion .
21 COMMISSIONER MORROW : You can ' t .
22 MS . DANHEISSER : Pass the gavel .
23 VICE MAYOR TURETSKY : Behave yourself .
24 MS . DANHEISSER : Pass the gavel .
® 25 MAYOR SAMSON : Take this away , too .
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1 COMMISSIONER KAUFFMAN : Commissioner Morrow
®
2 has the floor .
3 COMMISSIONER MORROW : Did he not give it to
4 me , yet ?
5 MAYOR SAMSON : I never made a motion yet , and
6 I ' m going to make one . I make a motion that the
7 Commission give the committee , comprised of the
8 City Manager , Mr . Jack Neufeld - - Neustad , also
9 George Vega , and myself to allow us to spend up
10 to $ 7 , 000 for the purchase . Can we go $ 7 , 000 ?
11 CITY MANAGER DIPIETRO : Sure .
12 MAYOR SAMSON : $ 7 , 000 for receptacles to be
411 13 placed in strategic places on Collins Avenue and
14 I promise you this ; once we get the funds to do
15 Collins Avenue , we will do it on side streets
16 wherever is necessary . This isn ' t a matter of a
17 motion . Do I hear a second?
18 COMMISSIONER MORROW : Second .
19 VICE MAYOR TURETSKY : I can ' t second it ?
20 MAYOR SAMSON : They seconded it . You are
21 running the meeting .
22 VICE MAYOR TURETSKY : Is there any comment on
23 this motion? Move the motion . You got the - - -
24 MAYOR SAMSON : Call the vote .
25 VICE MAYOR TURETSKY : Move the motion . That
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® 1 is what I said .
2 Call the vote , move the motion , same thing .
3 THE CLERK : On the motion , Commissioner
4 Iglesias .
5 COMMISSIONER IGLESIAS : Yes .
6 THE CLERK : Commissioner Kauffman .
7 COMMISSIONER KAUFFMAN : Yes .
8 THE CLERK : Commissioner Morrow .
9 COMMISSIONER MORROW : Yes .
10 THE CLERK : Vice Mayor Turetsky .
11 VICE MAYOR TURETSKY : Yes .
12 THE CLERK : Thank you . Mayor Samson .
® 13 MAYOR SAMSON : Yes . Thank you very . Very
14 much . Is there any other staff discussions?
15 COMMISSIONER KAUFFMAN : I would like to make
16 a motion to close the meeting .
17 MAYOR SAMSON : Wait a minute . Wait a minute .
18 We have - - do we have a meeting on February the
19 fifth?
20 THE CLERK : Mr . Mayor , before we have a
21 motion to adjourn on the two ordinances , on the
22 second readings will be February 26th for both of
23 those .
24 CITY MANAGER DIPIETRO : February 26th we will
25 have those .
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® 1 MAYOR SAMSON : There will be no meeting on
2 February fifth?
3 COMMISSIONER KAUFFMAN : Now , make a motion to
4 close the meeting .
5 MAYOR SAMSON : There are questions or
6 petitions or other communications that I have not
7 heard? Yes or no? Mr . Manager .
8 CITY MANAGER DIPIETRO : No , unless there is
9 someone from the audience .
10 MAYOR SAMSON : Anyone from the audience?
11 Yes , sir .
12 VICE MAYOR TURETSKY : Get over there .
411 13 MR . DIAMOND : Iry Diamond , 250 174th Street ,
14 Gold Coast Cable Company has made a request or
15 they said they would like to , if you - - if the
16 Commission wants they will televise the
17 Commission meetings on Channel 3 , but the
18 Commission will have to okay it . Then we will
19 have to go to them .
20 MAYOR SAMSON : Mr . Manager - - thank you very
21 much but at the present time I would ask my
22 commissioners to reject that for a reason .
23 Because if you go on to television this
24 audience will disappear and we will only have
® 25 very small attendance . There are too many items
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1 that are going to be coming up in the foreseeable
® 2 future - - ordinances , resolutions and what have
3 you , so I beg you please that at the present time
4 don ' t do this item at the present time . Thank
5 you .
6 Thank you for their request but I don ' t
7 think that this is the proper time .
8 MR . DIAMOND : You are passing up a good
9 comedy hour now .
10 MAYOR SAMSON : Motion . I will make a motion
11 for adjournment .
12 COMMISSIONER IGLESIAS : I want - - -
13 MAYOR SAMSON : Yes , Commissioner Iglesias . I
® 14 promised the attorney that she would be home
15 early .
16 COMMISSIONER IGLESIAS : This will take 60
17 seconds . You know we have been experiencing for
18 the last couple of years , especially this year ,
19 accidents , high volume of accidents on Collins
20 Avenue . The Department of Transportation is
21 currently doing a study which they told me should
22 be finish in three weeks addressing the issues .
23 In addition to the - - not only the
24 Department of Transportation , Dade County is
25 implementing a Public Safety Board which they
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® 1 want to institute in this area as well , will be
2 input not only from the police but from citizens
3 as well to address the situation we have here .
4 I ask that perhaps maybe for the February
5 26th meeting someone from the DOT staff come and
6 make maybe a five -minute presentation , indicating
7 what this is for .
8 It is extremely important . By that time , we
9 probably would have the report so I would like to
10 bring that up .
11 COMMISSIONER KAUFFMAN : Is that in the form
12 of a motion?
13 COMMISSIONER MORROW : Would you want a
14 motion?
15 COMMISSIONER IGLESIAS : I would like
16 consideration to be added into the agenda for
17 February 26th .
18 COMMISSIONER MORROW : I make a motion .
19 MAYOR SAMSON : The City Attorney?
20 COMMISSIONER IGLESIAS : She is going to
21 include it . I think that is very important .
22 MAYOR SAMSON : Mr . Jim , would you give us the
23 report on your police - - -
24 CITY MANAGER DIPIETRO : Surely . Yes . Thank
25 you . I just want to put on the record that there
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® 1 is going to be a meeting of the Advisory
2 Committee to the manager on the police selection
3 process .
4 The reason I have to do that publicly is
5 because under the charter the manager has certain
6 responsibilities and we are delegating part of
7 that to the Advisory Committee .
8 So there will be a meeting Monday at three
9 o ' clock and like any government meeting it ' s open
10 for observation by the public .
11 The five committee members will meet at the
12 Sunny Isles Resort Association , and they will be
411 13 reviewing approximately 72 applications for
14 police chief . They will begin a process of
15 narrowing the field to a smaller number .
16 MAYOR SAMSON : Thank you . Mr . Manager , are
17 you aware I did not become aware of this until
18 late in the afternoon of the offer from Miami
19 Shores ? Did you know anything about that ?
20 CITY MANAGER DIPIETRO : Miami Shores , no , I
21 do not .
22 MAYOR SAMSON : Now that these - - what would
23 you call them? The things that record your speed
24 as you go down the street . They cost about
® 25 $ 10 , 000 . I was hoping that in the not - to-distant
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® 1 future that we would be able to buy two of those
2 things , one entering and one exiting Sunny Isles
3 Beach . But somebody got to Miami Shores . I
4 really don ' t know how and they offered to loan us
5 one for a while that we could put out into the
6 street and see what happens .
7 Danny , I ' m going to ask you a favor . I know
8 this might be something that I really shouldn ' t ,
9 who do I have to push to get the street striped?
10 To me , if we striped the street , you know , I
11 drive fast but the minute I hit Bal Harbor and I
12 look down and see 30 miles , I come to a 30 mile
411 13 speed limit . This would be a great , great - - I
14 want you to know there was another death a week
15 ago . Somebody got killed on Collins Avenue
16 again .
17 You heard the report of the City Manager .
18 Danny , please do the best you can , and I will see
19 what I can do about downtown , although it ' s a
20 state road . I don ' t know if the county can help
21 us . I just want to throw something out for you
22 people . Something is going to happen in the very
23 near future as far as police is concerned . You
24 are going to be very , very happy , and I want to
® 25 ask you people how many of you seen a tremendous
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411 1 viewing of police in Sunny Isles Beach that you
2 hadn ' t before .
3 That is all due to an agreement that the
4 manager and I went downtown and talked to the
5 powers that be . Out of that meeting came this
6 visibility of police . We have even got a horse
7 out there . The thing that worries me - - the thing
8 that worries me is who cleans out behind the
9 horse .
10 I promise you again , Ellen , everything you
11 were promised you got . You got everything . I
12 got a call from a woman I haven ' t heard from six
13 months . She said do you have a horse ? The kids
14 looked out and said , Mother , we have a horse
15 coming through here .
16 You will be very , very surprised what this
17 Commission will do for this area in protection in
18 the very near future . I just want you to know
19 that and please come to our meetings . Please
20 enjoy them because we enjoy having you .
21 Yes . You have to get up there and talk if
22 it ' s about that matter .
23 MR . CAMET : Not about this matter .
24 THE CLERK : Microphone please .
® 25 COMMISSIONER KAUFFMAN : Now , you want to
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1 talk .
2 MR . CAMET : Just a general - - -
3 MAYOR SAMSON : What is your name .
4 MR . CAMET : Irving Camet , Winston 400 . I
5 wonder if the Commissioners have noticed
6 receptacles in Aventura? They have put down
7 metal containers with a bench next to it . I ' m
8 sure that they are secure and beautiful , painted
9 green and it ' s an asset . Concrete receptacles
10 don ' t make a good appearance in my opinon .
11 MAYOR SAMSON : Well , I ' m glad of your
12 opinion . I can only say this ; these concrete
13 receptacles if you want to see them are in the
14 City of North Bay Village . This item that
15 Aventura has is a metal stand secured by a chain
16 and the chain can be cut very , very easily .
17 The bench can ' t be taken but the receptacle ,
18 you know , we know or it ' s proven the manager has
19 encountered the concrete stands .
20 If I thought that we could use metal - - what
21 you are taking about at $25 a receptacle - - I
22 would go for it but I don ' t think that they work
23 100 percent . Now here is what has happened .
24 The Commission has given the manager and
25 myself , Will Neustad and Mr . Vega the right to go
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1 out and see what we can do up to $ 7 , 000 . We are
2 going to look at this thing , and if this thing
3 will do the job and we feel it will do the job
4 and it will cost a tenth of the price or a 20th
5 of the price , naturally , we are going to go for
6 it .
7 I promise you - - and some day I hope that
8 those benches that will be put out there will not
9 have advertisement on them . They will belong to
10 the City and they will belong to the taxpayers .
11 They would be able to do with them what they
12 want . Yes , sir .
13 MR . ROUCHE : Who is going to empty those
®
14 containers ?
15 MAYOR SAMSON : No , the eventuality is that
16 there will be a Public Works Department . There
17 will be a man working under the direction of the
18 City Manager . I ' m doing the talking for him
19 tonight because he has a cold . Otherwise , he
20 will tell you himself he is going to have a man
21 that is going to go around and empty these
22 things . Whatever is necessary . Pick up in public
23 places , cut grass or what have you so this place
24 would be beautiful .
25 If we got a pothole in the street and if
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1 it ' s a small one , he will fix it . Those are the
®
2 things that we are looking forward in the
3 not - to -distant future . Any other questions ? Yes ,
4 sir .
5 MR . ROUCHE : Another question .
6 MAYOR SAMSON : Yes , sir . Yes , sir .
7 MR . ROUCHE : Not much of importance , in
8 Canada in other cities we have a horse they all
9 have diapers in the way of Taylor made baskets if
10 that can help you . If I am going from here to
11 north on Golden Beach right away my pedal comes
12 loose , comes very , very loose and I go slow .
13 I think I see everybody go north as soon as
®
14 they hit Golden Beach , right down so I think it
15 could be - - we could have the same thing over
16 here and I wish it because last year we had six
17 casualties and that was too much .
18 MR . ROUCHE : Ormond Rouche , 250 181 Drive ,
19 Sunny Isles Beach .
20 MAYOR SAMSON : Ormond , that is a wonderful
21 idea the people have been using this as a
22 racetrack . When we get that sign out there , it
23 will tell them they are doing that kind of speed
24 when we line the streets and I said that
® 25 something is going to be happening here very,
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411 1 very soon . We hope we will take care of that . We
2 will take care of it .
3 MR . ROUCHE : I would like to congratulate Mr .
4 DiPietro to help me with my beach access . Mr .
5 Mayor , I ' m concerned and Commissioner Morrow - - -
6 MAYOR SAMSON : We are doing everything we
7 can .
8 MR . ROUCHE : All my folks they want that
9 beach access to be at least as nice as whatever .
10 MAYOR SAMSON : I just want to tell you on any
11 buildings that are going to go up here , we are
12 going to demand it would access one on the north
13 side and the south side .
14 MR . ROUCHE : We will be satisfied with ours
15 and send the architect , please .
16 VICE MAYOR TURETSKY : Mr . Mayor , I move you
17 close the meeting .
18 MAYOR SAMSON : You close for adjournment .
19 VICE MAYOR TURETSKY : Mr . Mayor , I move for
20 adjournment .
21 COMMISSIONER MORROW : I second the motion .
22 MAYOR SAMSON : Thank you . Thank you . Lynn ,
23 did I get you out of here early enough?
24 MS . DANHEISSER : I had plenty, of time .
® 25 (Thereupon , this meeting was, adjourned)
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97
® 1
2 CERTIFICATE
3
STATE OF FLORIDA
4 SS .
COUNTY OF DADE
5
6 I , JANICE JONES , a Shorthand .Reporter and
7 Notary Public in and for the State of Florida at
8 Large , hereby certify that the foregoing transcript ,
9 pages numbered 1 through 97 , is a true and correct
10 transcription of my stenographic notes of the meeting
11 had in the above - entitled cause , before the
12 CITY COMMISSION OF SUNNY ISLES BEACH , FLORIDA, at the
13 17070 Collins Avenue , Suite 250 , Sunny Isles Beach ,
14 Florida on the 22nd day of January , 1998 .
15 DATED at Miami , Dade County , Florida , on
16 this 6th day of February , 1998 .
17
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