HomeMy WebLinkAbout1999-0311 Regular City Commision Meeting SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting — Thursday, March 11, 1999
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:02 p.m. with the following officials
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: Mayor David Samson introduced Helena Forbes, a resident and Clerk Typist for the
City, and he announced that Ms. Forbes had recently become a U.S. citizen. Ms. Forbes then led
the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES:
3A. REGULAR COMMISSION MEETING - FEBRUARY 11, 1999
3B. SPECIAL COMMISSION MEETING - FEBRUARY 18, 1999
ACTION:Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve
the minutes of the February 11, and February 18, 1999, Commission Meetings. The motion was
approved by a unanimous voice vote of 5-0 in favor.
4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)
A. ACTION: [Clerk's Note: A package of memos from City Manager DiPietro, and City Clerk
was submitted at the meeting: additional information for agenda items: 6-A, 9-C, 9-E, and
10-C, and a revised substitute ordinance for item 7-D. A package of letters of waivers and
protest was submitted by City Clerk Brown-Morilla for items 6-A and 6-B.]
[City Clerk's note: See each agenda item for details. See also agenda items 11 and 12.]
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 1 of 17
5. SPECIAL PRESENTATIONS:
5A. OFFICER OF THE MONTH JANUARY/FEBRUARY - EDWARD SANTIAGO
ACTION: Police Chief Richard Harrison introduced Officer Santiago, and announced his
selection as the Police Officer of the month for January/February, 1999.
5B. FAIR HOUSING MONTH PROCLAMATION
ACTION: Mayor Samson presented a Proclamation to Ms. Marcella Mingo-Banks, Housing
Coordinator for the Miami-Dade County Department of Human Services,declaring April, 1999
to be Fair Housing Month in the City of Sunny Isles Beach.
6. ZONING:
6A. Hearing No. Z99-01
REQUEST OF AKPEZ OF MIAMI, INC., PROPERTY OWNER OF 17008 COLLINS
AVENUE FOR THE FOLLOWING:
1. Use Variance to permit an adult night club in the BU-1A district as would be permitted in
the BU-3 district.
2. Special Exception of spacing requirements as applied to adult night club, to permit
aforementioned adult night club to be spaced less than 660 feet from an RU (residential)
district and spaced less than 1,000 feet from a religious facility.
3. Special Exception of spacing requirements as applied to alcoholic beverage uses to permit
an adult night club spaced less than the required 1,500 feet from other alcoholic beverage
uses and spaced less than the required 2,500 feet from a religious facility.
4. Non Use Variance ofzoning regulations requiring nightclubs to have an aggregate floor area
2,200 square feet and a dance floor area of 308 square feet to waive same to permit
aforementioned adult night club with an aggregate floor area of 1,803 square feet and a
dance area of 80 square feet.
5. Non Use Variance of parking requirements to permit 600 parking spaces (1129 parking
spaces required) (1,108 spaces previously approved).
ACTION: [City Clerk's Note: The business is known as "The Boardwalk." See documents
distributed at the meeting by the City Clerk,Jorge Vera and Stanley Price]. City Clerk Brown-
Morilla read the applicant's name,hearing number,and location, read into the record two(2)
Ex-Parte disclosures, and noted that the following written documents had been
submitted: Protests: 2 ; and Waivers 22. *The City Clerk administered the oath to the
witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a
disclaimer for all** of the evening's Zoning hearings.
Public Speakers: Stanley Price, Esq.; Elizabeth Schwartz, Esq.; John de Leon, ACLU;
Kathleen Kennedy; Alan Cohen; Zoning & Code Administrator Jorge Vera; City Building
Official Michael Berkman; Bernie Mickley; Cecille Sippen; Gregg Bernard; Eddie O'Reilly,
owner of Ozone; William Coates; Gene Sweed .
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 2 of 17
Mr. Price, Esq., speaking on behalf of the applicant, said that the basis of the variance request
is equal treatment under the law, noting that the City had previously approved a use variance
for the Black Angus Steakhouse under similar facts [City Clerk's Note: see Res. No. 97-Z-4,
approved on November 20, 1997] He also asserted that the Zoning is not uniform on the west
side of Collins Avenue,and the Boardwalk had been operating for16 years at the same address.
Zoning&Code Administrator Jorge Vera summarized his written recommendation for denial,
and City Building Official Michael Berkman read his entire report. Through questions by
Commissioner Danny Iglesias it was noted that the Black Angus approval was granting a non-
use variance. Police Chief Richard Harrison introduced Sgt. Kelvin Davis who reported on
a total of four(4) legal administrative actions.
Vice Mayor Turetsky asked if any other such businesses are located in strip shopping centers,
and Mr. Berkman said there were two adult book stores, and also one free standing building.
Commissioner Iglesias observed that the business could continue to sell liquor and stay open
as a bar if the requests were denied.
Commissioner Kauffman asked if a legal"hardship"had been presented to justify granting the
variance request, and Mr. Berkman said"no". Mr. Price objected, noting that he made it very
clear that the applicant was not asserting a right to a variance based on "hardship."Mr. Price
repeated that there are two ways to obtain a variance, one is "hardship", the other is
"discrimination" and he said he had proved that the City gave permission to the Black Angus
to have a five piece band and a vocalist without having a license for a nightclub.Mr.Price said
he was arguing a claim of discrimination, not hardship. He also pointed out that there is no
legal location in this City for an adult entertainment nightclub.
Mayor Samson asked the City Attorney how it could be that the Boardwalk had so many years
of longevity without licensing and a certificate of occupancy. City Attorney Dannheisser said
the County apparently did not adequately enforce its Code, but that the City is entitled to
enforce our Zoning laws.
Commissioner Morrow suggested that the applicant reapply to be located on 163t Street,
saying she would be more agreeable to such an application.
Commissioner Iglesias noted that the County had denied the same request five times, yet the
business had been operating illegally for 15 years. He said he was bothered by the allegation
that the City had approved such a use variance request for one applicant, and might deny it for
another. The City Attorney said the City has never granted any use variance. Commissioner
Kauffman said she didn't see why this couldn't continue to be a cocktail lounge and package
liquor store, and that she sees no hardship.
Mr. Price said that the prior zoning requests were made by other owners, not Victor Zepka,
and that he only learned about his lack of licensing when the City cited him. Mayor Samson
said that community discussions during incorporation made clear that the people wanted a
local Police force and to have Code enforcement
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 3 of 17
Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to defer
tonight's decision until the applicant has a chance to consider making a new application
to take his business onto 163rd Street. Mayor Samson asked if the intent was that the
business continue operating as a bar in the meanwhile. Commissioner Morrow characterized
her motion as a compromise until the applicant could rethink his request and reapply. City
Attorney Dannheisser Dannheisser asked how much time was being proposed for a deferral and
if the Boardwalk would be permitted to continue operating as a bar. After debate Mr. Zepka,
the business owner, said he had no interest in relocating his business, and have yet another
public meeting. Commissioner Morrow withdrew the motion.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to deny the
request without prejudice in accordance with City staff recommendations. The motion
was failed, by a roll call vote of 2-3
Vote: Commissioner Iglesias Les
Commissioner Kauffman yes
Commissioner Morrow no
Vice Mayor Turetsky no
Mayor Samson no
After questioning by the City Attorney and some discussion, Mayor Samson said he had
misunderstood the last vote,and that he had voted incorrectly. He had intended to vote to deny
the application. City Clerk Brown-Morilla noted that a member of the City Commission from
the prevailing side of the last vote could make a motion for reconsideration.
Mayor Samson passed the gavel,and moved and Commissioner Kauffman seconded a motion
to reconsider the last vote. The motion was approved by a roll call vote of 3-2
Vote: Commissioner Iglesias ves
Commissioner Kauffman y
Commissioner Morrow no
Vice Mayor Turetsky no
Mayor Samson des
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to deny the
request without prejudice in accordance with City staff recommendations. The motion
was approved as Resolution No. 98-Z-29, by a roll call vote of 3-2
Vote: Commissioner Iglesias yes
Commissioner Kauffman
Morrow no
Vice Mayor Turetsky no
Mayor Samson }_es
6B. Hearing No. Z98-14
REQUEST OF WINSTON YACHT CLUB, INC., OWNER OF PROPERTY LOCATED
APPROXIMATELY 250 FEET SOUTH OF 174TH STREET AND WEST OF NORTH BAY
ROAD, FOR THE FOLLOWING:
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 4 of 17
1. Unusual Use to permit the maintenance and continued use of a water use facility to wit; a
marina.
2. Non Use Variance of parking requirements to permit 0 parking spaces (25 parking spaces
required).
ACTION: [City Clerk's Note: see documents distributed at the meeting by the City Clerk,
Allan Marcus,Esq.,and Judge Manuel Ramos].City Clerk Brown-Morilla read the applicant's
name,hearing number, location, and read into the record one(1)Ex-Parte disclosure, and
noted that the following written documents had been submitted: Protests: 1. *The City
Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City
Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings.,
Public Speakers:Allan Marcus,Esq.; Jorge Vera;Judge Manuel Ramos;Sherrie Blank;Nicole
Blank;Alan Handis;Cecille Sippen; Bonnie Katz;Morris Brody;Helen Shane;Steve Corbett.
Allan Marcus, Esq, appearing on behalf of the applicant, submitted a copy of County
Resolution No. 4-ZAB-347-88, six photos, and a Declaration of Restrictive Covenants. He
discussed the details of the parking, and noted that the applicant would pay the expense to
develop public parking meters and also pay the going rate set by the City for five parking
permits. He read from the Declaration including provisions for no bar or restaurant; no
commercial fishing boats,only pleasure boats;no major repairs or heavy maintenance; fueling
will be limited to two hours per week and only be done by a regulated company;no loud noise
after 11:00 p.m.; they will have insurance and will hold Winston Towers harmless.
Jorge Vera summarized the staffs recommendation for approval.
Vice Mayor Turetsky said there had been a meeting of the Winston Towers Condominium
Association at which Mayor Samson and he were present,but they both left when the marina
was going to be discussed.
Judge Ramos asked Mr. Corbett about the removal of posts and a fence, and was told the
applicant would repair it or remove it so that it looks better.
Mr. Marcus stipulated to having only one live aboard, floating home for the marina manager.
In response to Mayor Samson's question, Jorge Vera responded it was legal to have a live
aboard vessel, if it is properly tied-in. Mayor Samson inquired about landscaping, and who
would govern the rates and sale of permits. City Manager Jim DiPietro said the City will
administer sales and issue tickets for infractions, noting that permits would have to be
displayed.
Commissioner Kauffman inquired about the taxi cabs on the streets. Mayor Samson said he
has been fighting for years against using 174th street as an access to 163r4 Street. He questioned
what would happen if Miami-Dade County or the State asks the City to open the connection?
The City Manager said the County would need the City's opinion.
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 5 of 17
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the
request in accordance with City staff recommendations, and with the additional
stipulation of one house boat being permitted for the dock master. The motion was
approved as Resolution No. 99-Z-30, by a roll call vote of 5-0
Vote: Commissioner Iglesias y
Commissioner Kauffman yes
Commissioner Morrow y
Vice Mayor Turetsky ves
Mayor Samson ves
7. ORDINANCES FOR FIRST READING:
7A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH,FLORIDA,PURSUANT TO THE REQUIREMENTS OF SECTION
2.4 OF THE MUNICIPAL CHARTER,ADOPTING STATE LAWS RELATING TO
ELECTIONS; PROVIDING CITY COMMISSION TO PERFORM DUTIES OF
BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A RESOLUTION
BY CITY COMMISSION CALLING FOR AN ELECTION; PROVIDING FOR
CITY CLERK TO SERVE AS SUPERVISOR OF ELECTIONS; PROVIDING FOR
CANVASS OF ELECTION RETURNS AND CERTIFICATE OF ELECTION;
PROVIDING FOR QUALIFYING AS A CANDIDATE FOR THE OFFICE OF
MAYOR OR CITY COMMISSIONER, FEE, OATH, SINGLE CANDIDATE
CONSIDERED ELECTED;PROVIDING FOR A SUPPLEMENTAL QUALIFYING
PERIOD; PROVIDING FOR CONTENT, FILING AND FORM OF OATH;
PROVIDING FOR NAMES OF QUALIFIED CANDIDATES TO BE PRINTED ON
BALLOT;PROVIDING FOR INSTALLATION OF NEW OFFICERS;PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, AND FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title and introduced the proposed ordinance,
reporting that the City's Charter required several procedural matters relating to the conduct
of City elections to be specified by ordinance.
Public Speakers: none
Commissioner Iglesias asked about Section 5 of the proposed ordinance, pertaining to the
canvass of election returns. City Clerk Brown-Morilla explained that our Charter requires
the passage of an ordinance to specify how City elections would be canvassed,but it was up
to the City Commission whether to approve the staff recommendations or to make any
changes. He explained the duties of a canvassing committee. In response to Commissioner
Iglesias' question, the City Clerk said members of the public could serve on a canvassing
committee.
Commissioner Kauffman moved to approve the proposed ordinance as written.
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 6 of 17
Commissioner Iglesias proposed amending the ordinance,to have registered voters serve on
the canvassing committee, instead of City staff or elected officials.
Vice Mayor Turetsky noted that the City Clerk is the City Supervisor of Elections and
suggested the City Clerk should serve on the committee with two citizens.
Mayor Samson passed the gavel and seconded Commissioner Kauffman's motion to
approve the proposed ordinance as written.
Commissioner Iglesias suggested that instead of having City staff,except for the City Clerk,
who he thought had to be on the committee, he would like to amend the proposal to have
only members of the public,registered voters,serve on the canvassing committee.City Clerk
Brown-Morilla stated that the City Clerk did not have to be on the committee.Commissioner
Morrow suggested having the City Clerk and two members of the public.
Mayor Samson said it could be the City Clerk, City Attorney and City Manager and
residents.Commissioner Iglesias repeated that he wanted at least two residents involved,and
that five people would be ok. City Clerk Brown-Morilla clarified a procedural question when
he said that the specific residents to serve on the committee could be specified in the
resolution calling an election.
Vice Mayor Turetsky suggested to Commissioner Kauffman,as the mover of the motion,that
the motion be amended to read that the canvassing committee be composed of the City Clerk
and two lay persons. Commissioner Kauffman said that would be hard to accept,
commenting that it would be difficult to pick two citizens. City Clerk Brown-Morilla
restated the motion.
Mayor Samson again suggested that the committee could be the Clerk, Attorney and
Manager, and two members of the public.
Commissioner Kauffman restated the motion to approve the proposal with an
amendment: having the City Clerk, City Attorney, City Manager and two resident,
registered voters designated by the City Commission, serve as the canvassing
committee e; seconded by Mayor Samson. The motion was approved by a roll call vote
of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
7B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF
CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES
AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 7 of 17
THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE
OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON,
ACROSS, ABOVE OR THAT IN ANY MANNER FOR THE USE THE CITY'S
PUBLIC RIGHTS-OF-WAYS AND TO ENSURE THAT USE OF THE CITY'S
PUBLIC RIGHTS-OF-WAYS IS IN THE PUBLIC INTEREST AND IN
CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR THE REPEAL
OF SECTION 8AA OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED
BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH
AS ITS OWN ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser
introduced the proposed ordinance, which was precipitated by the immanent transfer of
Cablevision to another entity. The proposed ordinance is based on the Aventura model,
which was prepared by special consultants. The City would grant use of its streets for the
installation of cable in return for a franchise feet payment to the City. She noted that the
ordinance has stringent customer service requirements.
Public Speakers: none
Vice Mayor Turetsky complimented the City Attorney for her efforts on the ordinance. Vice
Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the
proposed ordinance on first reading.The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m.
Vote: Commissioner Iglesias
Commissioner Kauffman y
Commissioner Morrow
Turetsky Les
Mayor Samson yes
7C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING THE GENERAL FUND OPERATING BUDGET AND CAPITAL
BUDGET FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND
ENDING SEPTEMBER 30, 1998; AMENDING ORDINANCE 98-46
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
AND PROVIDING FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced
the proposed ordinance, which was for the prior year, which actually involved 14 months.
Public Speakers: none
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call vote
of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m.
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 8 of 17
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow
Vice-Mayor Turetsky
Mayor Samson }_es
7D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING THE GENERAL FUND OPERATING BUDGET, CAPITAL
BUDGET AND ENTERPRISE FUND FOR FISCAL YEAR COMMENCING
OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; AMENDING
ORDINANCE 98-49 AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; AND PROVIDING FOR AN EFFECTIVE
DATE.
ACTION: Before the ordinance title was read, Vice Mayor Turetsky moved and
Commissioner Morrow seconded a motion to amend the proposed ordinance to provide
that the City Clerk be granted a $5,000 increase in salary. In response to Commissioner
Iglesias's question, City Clerk Brown-Morilla said his current salary is $53,000.
Commissioner Morrow asked what other cities pay their City Clerks, and Vice Mayor
Turetsky said the average is S64,000. Mayor Samson asked how long the cities have existed
and how long the employee has been on the job. Vice Mayor Turetsky said Pinecrest's Clerk
makes $60,000. Commissioners Kauffman and Iglesias said the Aventura Clerk also earns
S60,000. Commissioners Kauffman said it was a very reasonable suggestion. 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 ves
Mayor Samson asked the City Attorney if he could change people in positions. Restating his
question, he asked if someone is appointed to a position, could he rescind the appointment
by vote of the Commission. City Attorney Dannheisser said she would have to know what
the Mayor was talking about. Mayor Samson said he would talk to her later.
City Clerk Brown-Morilla then read the title of the proposed ordinance and City Manager
DiPietro introduced the proposal which is for the current fiscal year. The City Manager said
that for the second reading in April, the ordinance would be amended to reflect the change
in salary, social security, etc. Commissioner Kauffman said she did not recall ever having
voted on a raise before with such general discussion. Mayor Samson and Vice Mayor
Turetsky each responded that they had previously proposed increases for the City Attorney
and City Manager.
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 9 of 17
City Manager DiPietro noted that the budget amendment would appropriate the S2,000,000
grant for the park, reduce reliance on borrowing, and put more money into landscaping.
Commissioner Kauffman asked what the additional vehicle was in the proposal. The City
Manager answered that a civilian Public Safety Aide would be hired to write traffic tickets,
and they would need a vehicle.
Public Speakers: none
Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve the
amended ordinance on first reading.The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m.
Vote: Commissioner Iglesias
Commissioner Kauffman +Les
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson Les
7E. AN ORDINANCE OF THE CITY OF THE SUNNY ISLES BEACH, FLORIDA,
AMENDING ORDINANCES 98-18 AND 98-26, ESTABLISHING INTERIM
PARKS AND RECREATION IMPACT FEE SCHEDULES; TO REPEAL THE
7 1/2% GENERAL ADMINISTRATIVE CHARGE FOR THE PROCESSING OF
MATERIALS RELATING TO IMPROVEMENTS AT A LOCAL PARK;
PROVIDING FOR APPLICABILITY; PROVIDING FOR A REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title and Zoning & Code Administrator
Jorge Vera introduced the proposed ordinance, which he characterized as house cleaning.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call vote
of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow Les
Vice-Mayor Turetsky ves
Mayor Samson ves
8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS)
8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ADOPTING A CODE SECTION ENTITLED "SECURITY ALARMS"; TO
PROVIDE A PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 10 of 17
REGISTRATION, APPLICATION, TRANSFERABILITY, AND FALSE
STATEMENTS; PROVIDING FOR ALARM SYSTEMS IN APARTMENT
COMPLEXES; PROVIDING FOR REGISTRATION INFORMATION UPDATE;
PROVIDING FOR PROPER ALARM SYSTEMS OPERATION AND
MAINTENANCE; PROVIDING FOR REGULATION OF SIGNALS SENT TO
GOVERNMENTAL AGENCIES; PROVIDING FOR INDIRECT ALARM
REPORTING; PROVIDING FOR ALARM SYSTEM OPERATING
INSTRUCTIONS; PROVIDING FOR ALARM DISPATCH RECORDS;
PROVIDING FOR SYSTEM PERFORMANCE REVIEWS; TO PROVIDE FOR
FALSE ALARM NOTIFICATIONS; PROVIDING FOR APPEAL OF FEES OR
PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE
AND PROVIDING FOR AN EFFECTIVE DATE.
ACTION:City Clerk Brown-Morilla read the title,and City Attorney Dannheisser introduced
the item.
Public Speakers: none
Commissioner Morrow moved and Vice mayor Turetsky seconded a motion to adopt the
ordinance on second reading. Ordinance No. 99-64 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 ves
9. RESOLUTIONS: (Items (9-A, was a Public Hearing)
9A. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ADOPTING ADMINISTRATIVE REGULATIONS 1-2, 1-3, 1-4, 1-6,AND 2-1,
IN ACCORDANCE WITH ORDINANCE NO. 99-62; PROVIDINiG FOR AN
EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced
the proposal which was presented because the City Charter requires the City Commission to
review administrative regulations. He briefly explained each regulation generally.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve
the proposal. Resolution No. 99-127-A was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow ves
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 11 of 17
Vice-Mayor Turetsky yes
Mayor Samson yes
9B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, REQUESTING
THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ISSUE A PARKING
LOT LEASE AGREEMENT TO THE CITY.
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced
the item, recommending approval. He said this was one of the Mayor's initiatives.
Public Speakers: none
Commissioner Kauf&nan moved and Vice Mayor Turetsky seconded a motion to approve
the proposal. Resolution No. 99-128 was adopted by a roll call vote of 4-0-1 in favor.
Vote: Commissioner Iglesias Abstain
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH,FLORIDA,ACCEPTING THE FINAL PLAT OF GOLDEN VIEW T-18054;
PROVIDING FOR AN EFFECTIVE DATE.
ACTION: [City Clerk's note: a map was handed-out at the meeting]. City Clerk Brown-
Morilla read the title, and City Attorney Dannheisser introduced the item, saying that the
vote was a ministerial act for the City Commission since the County had already approved
the change.
Public Speakers: none
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve
the proposal. Resolution No. 99-129 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
9D. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONTRACT
ATTACHED AS EXHIBIT"A"FOR PROFESSIONAL LEGISLATIVE RELATIONS
AND LOBBYING SERVICES BETWEEN THE CITY OF SUNNY ISLES BEACH,AND
RONALD L. BOOK, ESQ.; PROVIDING FOR AN EFFECTIVE DATE.
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 12 of 17
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro explained
that the proposal provided for an overall increase in compensation from S106,250 to
S119,250.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
the proposal. Resolution No. 99-130 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffrnan yes
Commissioner Morrow ves
Vice-Mayor Turetsky yes
Mayor Samson ves
9E. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONTRACT
ATTACHED AS EXHIBIT"A"FOR JANITORIAL SERVICES AT CITY HALL AND
THE POLICE DEPARTMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND HUGO'S CLEANING SERVICE OF SOUTH FLORIDA, INC.; PROVIDING
FOR AN EFFECTIVE DATE.
ACTION: [City Clerk's note: a revised agreement was handed-out at the meeting]. City
Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item.
Public Speakers: none
Vice Mayor Turetsky asked if the contract required cleaning our carpet, and Mayor Samson
commented about some of the marks on the carpet. Commissioner Kauffman said carpet
cleaning is addressed in the agreement, and noted that if spots are so badly stained that they
can't be cleaned, the spot should be replaced with a small piece of new carpet.
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
the proposal. Resolution No. 99-131 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson ves
10. MOTIONS:
10A. AWARD OF BID - LANDSCAPING OF COLLINS AVENUE IN THE
VICINITY OF LEHMAN CAUSEWAY (BID #99-01-01)
ACTION: City Clerk Brown-Morilla read the title,and Consulting Architect Ken Gardener
of Rosenberg Design Group introduced the item. City Manager DiPietro said there were five
complete bids (and one incomplete bid that was disqualified). The recommendation is to
award to Recio, the low bidder. He disclosed that Recio employs the son of Bob Pushkin,
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 13 of 17
City Public Works Superintendent. The City Manager recommended the bid award is for
S271,302.97, plus alternates 2 and 3. He pointed out that S60,000 would be paid by State
grant funds; and Ocean One and Ocean Two will pay S68,401.80; leaving the City only
having to pay S142,901.17.
Commissioner Kauffman asked if we could expect similar contributions from new
developments such as the Ocean One and Two have made. The City Manager said that
would occur if the developer seeks bonuses under our new Zoning ordinance. Commissioner
Iglesias said there is more State grant money available for landscaping that we should apply
for.
Public Speakers: Ken Gardener
Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve
the item, which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow yes
Vice-Mayor Turetsky ves
Mayor Samson yes
10B. AWARD OF BID - BANKING SERVICES (BID #99-01-02 ).
ACTION: City Clerk Brown-Morilla read the title, and Finance Director Jack Neustadt
introduced the items, asking for three separate motions.
Public Speakers: none
Vice-Mayor Turetsky moved and Commissioner Kauffman seconded a motion to authorize
the City Manager to implement a sweep account with Colonial Bank and a direct
deposit system for employee payroll, which was approved by a roll call vote of 4-0-1 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow absent
Vice-Mayor Turetsky yes
Mayor Samson yes
Vice-Mayor Turetsky moved and Commissioner Kauffman seconded a motion to grant an
award to both Colonial Bank and SunTrust for a five year credit facility, which was
approved by a roll call vote of 4-0-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow absent
Vice-Mayor Turetsky yes
Mayor Samson yes
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 14 of 17
Commissioner Kauffman asked about the ability of the City to accept credit card
payments, and Mr. Neustadt said yes it would be possible. He noted that Chase
submitted a bid after the bid process, and their bid for credit card use appeared to be
the best offer. Mayor Samson asked about the transaction fee the City would have to
pay per credit transaction, and Mr. Neustadt explained the different rates.
Mayor Samson passed the gavel and moved and Commissioner Kauffman seconded a
motion to authorize the City Manager to use that facility (either Colonial Bank,
SunTrust, or Chase) that is in the best interest of the City, provided that any
transaction fee be included in the payment charged. The motion was approved by a roll
call vote of 4-0-1 in favor.
Vote: Commissioner Iglesias
Commissioner Kauffman ves
Commissioner Morrow absent
Vice-Mayor Turetsky Les
Mayor Samson yes
IOC. CONCEPTUAL REVIEW AND APPROVAL OF BEACHFRONT PARK PLAN.
ACTION: City Clerk Brown-Morilla read the title,and Consulting Architect Ken Gardener
reviewed the proposed design of the beachfront park.
Commissioner Kauffman expressed a desire for a fountain. Mayor Samson said he
wanted the volleyball court eliminated from the park, saying it belonged on the beach.
The architects noted that the shore area might not be wide enough to accommodate
a volleyball court, and if located on the beach it would greatly reduce the lounging
areas on the shoreline. City Manager DiPietro reviewed the concept of having a 15' wide
beachfront boardwalk,with some nodes of 20'width with seating and lighting. He also said
the County has money for dunes, and so we would be working with DERM to accomplish
installation of dunes.
Bill Lane, architect of the concession area, described that the building would house
restrooms,a small concession area with coin operated machines(no kitchen). Commissioner
Kauffman suggested incorporating barbecue facilities. Mayor Samson suggested removing
the volleyball court and leave sand in the area.
Public Speakers: Ken Gardener; Bill Lane
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve
the item without a volleyball court,substituting just sand,which was approved by a roll
call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman y
Commissioner Morrow yes
Vice-Mayor Turetsky
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 15 of 17
Mayor Samson ves
Commissioner Morrow moved and Vice-Mayor Turetsky seconded a motion to authorize
additional revised consulting services with Bill Rosenberg per the City Manager's
recommendation. The motion was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky ves
Mayor Samson ves
10D. CONCEPTUAL REVIEW AND APPROVAL OF 163RD STREET, AT COLLINS
AVENUE, PARK PLAN AND ADJACENT MEDIANS.
ACTION: City Clerk Brown-Morilla read the title,and Consulting Architect Ken Gardener
introduced the item, noting the FDOT would be using part of the area as a staging area for
at least two years, but other median areas could be landscaped now.
Public Speakers: Ken Gardener
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to
approve the item, which was approved by a roll call vote of 4-0-1 in favor.
Vote: Commissioner Iglesias Abstain
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky Les
Mayor Samson yes
City Manager DiPietro clarified that the entire project would be designed,but we would only
bid the installation of half, leaving the staging area installation for later.
10E. AWARD OF BID - INSTALLATION OF AMERICAN DISABILITY ACT
SIDEWALK RAMPS AT INTERSECTIONS, DAMAGED SIDEWALK
REPLACEMENT THROUGHOUT THE CITY AND NEW SIDEWALKS AT 178
STREET AND ATLANTIC BOULEVARD INTERSECTION.
ACTIOeV: City Clerk Brown-Morilla read the title, and City Public Works Superintendent
Bob Pushkin introduced the proposal to award the project to Bannerman at a cost of
approximately S17,210.25 based on unit costs. Mr. Pushkin said the Temple had agreed to
pay 50%of the cost of the sidewalk by their property. Commissioner Kauffman asked about
whether the project on the north side of the street, [Mr. Boulanger: apartment/hotel) would
be ready to participate in finishing the sidewalk in the area. Staff said there are no plans
submitted yet. Mayor Samson asked about the cost for the extra sidewalk, Mr. Pushkin said
170 feet were required, at a cost of S2,422.
Public Speakers: none
Summary Minutes of the March 11, 1999, City Commission Meeting - Page 16 of 17
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the item, 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 ves
Mayor Samson ves
11. DISCUSSION ITEMS:
A. Mayor Samson announced that today,the City had acquired the land on 163rd street for a new
City Hall.
B. Commissioner Kauffman reported seeing a sign at 183 Street and Collins for ballroom
dancing, and Mayor Samson said it had already been cited by staff. Mayor Samson
complimented Commissioner Kauffman and encouraged others to also report any improper
actions or events, so they could be quickly addressed.
12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS:
A. Luis Soro asked for permission to sometimes leave his van behind his store, if he finishes a
job late at night. Mayor Samson said the laws must be uniformly applied, and that he should
obey the laws.
13. ADJOURNMENT:
Commissioner Kauffman moved and Vice-Mayor Turetsky seconded a motion to adjourn the
meeting which was approved by a unanimous voice vote at 11:47 p.m.
Respectfully submitted by: I _ Approves by he City fission on April 15, 1999
I•kicliartPBrbwn-Morilla, City Clerk *avid Samson, May.
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Summary Minutes of the March 11, 1999, City Commission Meeting - Page 17 of 17