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Home My WebLink About2001-0920 Regular City Commission Meeting SUMMARY MINUTES Thursday, September 20, 2001, 7:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:00 p.m.,with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Norman S. Edelcup Commissioner Gerry Goodman -- Commissioner Danny Iglesias City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: City Clerk Brown-Morilla led the Pledge of Allegiance to the flag, and Richard Schulman gave the invocation. Mayor Samson read an introductory statement regarding decorum. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting—July 31, 2001. Action: Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3B. Special City Commission Meeting/First Budget Hearing for Fiscal Year 2001/02 — September 4, 2001. Action: Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3C. Special City Commission Meeting/Accept Election Results— September 12, 2001. Action: Commissioner Iglesias noted the Minutes mistakenly reported that he had seconded the motion to adjourn, but did not attend the meeting. City Clerk Brown-Morilla said he would correct the Minutes, and if there was not a second to the motion, the Minutes would Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida merely state that the meeting was adjourned. Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion to correct and approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Action: Mayor Samson read his Budget Address for the citizens. He complimented the City staff for all of their efforts of the past year. It was requested that item 9C., regarding Architectural Services for the new City Hall, be Withdrawn; Additional Information was provided for 9B., Contract with General Code Publishers; Amendments & Additional Information: 9L. Revised Commission Memorandum and Contract with Miller, Legg&Associates, Inc.; 9N.City Hall Renovation Resolution, Contracts and a revised Commission Memorandum; New Add-On Item: 90., Approve Proposal with Lukes' Landscaping, Inc., for Interim Median Landscaping Maintenance, Landscaping of Certain Narrow Medians, and Tree Trimming Services. Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the requested changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS 5A. Police Officer of the Month for September, 2001 — Detective Thao Doan. Action: Police Chief Fred Maas introduced Police Detective Doan and Sergeant Bill Craig, and then Chief Maas read his report designating Detective Doan as Police Employee of the Month for September, 2001. Chief Maas also gave him a certificate, and a check. 6. ZONING - No Hearings Scheduled. 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida, Repealing Consolidating Ordinances Numbers 98-21, 98-57, and 99-71, Reestablishing Enaeting-a Code Enforcement Procedure; Providing Definitions; Providing for Qualifications, Appointment, Removal and Compensation of Special Masters; Setting Forth the Powers of • Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida 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; Scheduling and Conduct of Hearing,Providing Remedies to Recover Unpaid Civil Penalties; Providing for Appeal 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. (Deferred from 7/19/01) Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Christopher Steers reported, noting that there were some typos that would be corrected before second reading. Public Speakers: none Commissioner Iglesias moved and Vice Mayor 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 held on Tuesday, October 16,2001, at 7:00 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to Communications Facilities in Public Rights-of-Way;Amending Ordinance No.2000-91; Providing for Title; Providing for Intent and Purpose; Providing for Definitions; Providing for Registration for Placing or Maintaining Communications Facilities in Public Rights-of- Way; Providing for Notice of Transfer, Sale or Assignment of Assets in Public Rights-of- Way; Providing for Placement or Maintenance of a Communications Facility in Public Rights-of-Way; Providing for Suspension of Permits; Providing for Appeals; Providing for Conditional Use of Public Rights-of-Way; Providing for Involuntary Termination of Registration; Providing for Existing Communications Facilities in Public Rights-of-Way; Providing for Insurance; Providing for Indemnification; Providing for Construction Bond; Providing for Security Fund; Providing for Enforcement Remedies; Providing for Abandonment of a Communications Facility; Providing for Force Majeure; Providing for Reservation of Rights and Remedies; Providing for Severability;Providing for an Effective 3 Regular City Commission Meeting Summary Minutes September 20.2001 City of Sunny Isles Beach,Florida Date. (First Reading 7/31/01) Action: City Clerk Brown-Morilla read the title and Assistant City Attorney Hans Ottinot reported. Public Speakers: none • Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion to approve the ordinance. Ordinance No. 2001-138 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Negotiation of a Loan in an Aggregate Amount Not to Exceed Eleven Million Dollars ($11,000,000) from the Florida Municipal Loan Council; Approving the Refunding of Certain Outstanding Obligations; Approving the Execution and Delivery of a Loan Agreement with the Florida Municipal Loan Council,Attached Hereto as Exhibit"A"; Approving the Execution and Delivery of a Bond Purchase Agreement, Attached Hereto as Exhibit "B"; Approving the Execution and Delivery of a Disclosure Agreement, Attached Hereto as Exhibit"C";Providing for the Payment of Issuance Costs;Providing Certain Other Matters in Connection With the Making of Such Loan; Providing the City Manager with the Authority to Do All Necessary to Effectuate the Loan Agreement;Providing for an Effective Date. (First Reading 9/13/W) Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Edelcup moved and Vice Mayor Kauffman seconded a motion to approve the ordinance. Ordinance No. 2001-139 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 4 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Naming the Passive Park Located at North Bay Road and 178th Drive,as"Senator Gwen Margolis Park"; Providing for an Effective Date. Action: [City Clerk's note:a letter from Phillip Chernoffwas distributed]City Clerk Brown- Morilla read the title and Mayor Samson reported. Public Speakers: Phillip Chemoff Mayor Samson passed the gavel and moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-364 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias Mayor Kauffman yes Mayor Samson yes 9B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding a Bid to General Code Publishers, for Codification Services Including Electronic Access (PC/Code Book and Code on the Internet), Supplementation Services and Indexing of Minutes; Approving the Contract Attached Hereto as Attachment"A"; and Authorizing the Mayor to Execute Said Contract; Authorizing the City Manager, City Attorney, and City Clerk to Do All Things Necessary to Effectuate Said Contract; Providing for an Effective Date. Action: [City Clerk's note: the Contract was distributed] City Clerk Brown-Morilla read the title and reported. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-365 was adopted by a voice vote of 5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Approving the Ranking of Architectural Firms and Authorizing the City Manager to Negotiate an Agreement by and between the City of Sunny Isles Beach and (to be submitted), Attached Hereto as Exhibit "A", for Architectural Design Services for a New City Hall and 5 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida Accessory Structure(s) Related to the City Hall as Well as Any Other Generalized ArchitecturaUConsultant Services(RFQ No. 01-07-01);Providing the City Manager Shall Present the Negotiated Agreement for City Commission Approval; Authorizing the City Manager to Take Any and All Action as May be Necessary to Effectuate the Resolution; Providing for an Effective Date. Action: Mayor Samson noted that this item was withdrawn (see agenda item 4A above). 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Interlocal Agreement By and Between the City of Sunny Isles Beach and Miami- Dade County, Attached Hereto as Exhibit "A", for the Allocation of Disabled Permit Parking Fines; Authorizing the Mayor to Execute the Interlocal Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-366 was adopted by a voice vote of 5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Approving an Agreement between Communications International Inc.and the City of Sunny Isles Beach for Police Radio Maintenance and Repair, in an Amount of$20,000, Attached Hereto as . Exhibit "A"; Authorizing the City Manager or His Designee, With the Authority to Do All Things Necessary to Effectuate the Contract; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented his report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-367 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Chief of Police, in Accordance With Section 932.7055, F.S. to Expend S28,160 for the Purposes as Set Forth Herein; Providing for an Effective Date. 6 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented his report. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-368 was adopted by a voice vote of 5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Chief of Police, in Accordance With Ordinance No. 2001-133, to Expend$8,331 from Police Facility Impact Fees, for the Purposes as Set Forth Herein;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas reported. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-369 was adopted by a voice vote of 5-0 in favor. 9H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Chief of Police,in Accordance With Ordinance No. 2001-133,to Expend 517,160 from Police Facility Impact Fees, for the Purposes Purchase/Trade in of Firearms As Set Forth • Herein; Providing for an Effective Date.* Action: *[City Clerk's note: a revised resolution was distributed at the meeting] City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented his report. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-370 was adopted by a voice vote of 5-0 in favor. 91. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding a Bid to Shenandoah Construction, for the Cleaning of Stormwater Drains and Catch Basins Citywide, Approving Agreement between the City of Sunny Isles Beach and the Bidder,in the Amount of S15,820,Attached Hereto as Exhibit"A";and Authorizing the City Manager to Do All Things Necessary to Effectuate Said Agreement; Providing for an Effective Date. 7 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida Action: City Clerk Brown-Morilla read the title and Public Works Director James Watts presented his report. Public Speakers: none Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-371 was adopted by a voice vote of 5-0 in favor. 9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2001-351 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2001, by Changing the Regular City Commission Meeting from Thursday,October 18, 2001 to Tuesday,October 16,2001; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Public Speakers: none Commissioner Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-372 was adopted by a voice vote of 5-0 in favor. 9K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Apply for and Accept a Florida Recreation Development Assistance Program (FRDAP) Grant on Behalf of the City, in the Amount of S200,000, with Matching Funds from the City to Develop and Improve the Recreational Amenities at the Active Park, Based on Conceptual Plans Provided by the Landscape Architect Which are Attached Hereto as Exhibit"A"; Authorizing the City Manager or His Designee to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies,as Appropriate, Without Further Approval of This Commission; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report and showed a conceptual drawing of the landscape plan. Members of the Commission discussed the size of the building with the architect. Commissioner Goodman asked about a wall for handball on the basketball court. It was noted that this was just conceptual and not the final plan. Public Speakers: George Puig Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-373 was adopted by a voice vote of 5-0 in favor. 8 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida 9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City of Sunny Isles Beach and Miller, Legg& Associates, for Landscape Architectural Services for the Active Park,Attached Hereto as Exhibit"A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: [City Clerk's note: a revised Commission Memo and Contract were distributed] City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: Mike Kroll Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-374 was adopted by a voice vote of 5-0 in favor. 9M. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Consultant Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A), for Photogrammetric and Mapping Services of the City of Sunny Isles Beach,in the Amount of 551,343,Attached Hereto as Exhibit"A";Providing the City Manager the Authority to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report and thanked Commissioner Iglesias for his help. Public Speakers:- none Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-375 was adopted by a voice vote of 5-0 in favor. 9N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Agreement between the City of Sunny Isles Beach and HAMR Enterprises, Inc., for the Renovations of City Hall, in the Amount ofS15,631.73, Attached Hereto as Exhibit "A"; Further Approving an Agreement between the City of Sunny Isles Beach and Nicolella Painting&Decorating, in an Amount of S2,650,Attached Hereto as Exhibit"B";Providing the City Manager the Authority to Do All Things Necessary to Effectuate the Agreements; Providing for an Effective Date.* Action: *[City Clerk's note: a revised Commission Memo was distributed as well as the Resolution and Contracts] City Clerk Brown-Morilla read the title and Administrative Services Director Alyce Hanson presented the report. Public Speakers: none 9 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-376 was adopted by a voice vote of 5-0 in favor. 90. New, Add-On Item: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Incorporating the Recitals Contained Herein, Submitted by Lukes' Landscaping, Inc., Attached Hereto as Exhibit "A", for Interim Median Landscaping Maintenance, Landscaping of Certain Narrow Medians,and Tree Trimming Services;Authorizing the City Manager to Execute a Contract and to Do All Such Things as May be Necessary to Further Effectuate the Terms of the Proposal; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported that City staff was not capable of doing all of the landscape work that is necessary. He remarked that this was the same company that does landscape work for the City of Aventura. He noted that there was much work that needs to be done to improve the landscaping and maintenance. Public Speakers: Herb Abramson Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-377 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS 10A. Discussion regarding the method to be used to conduct a review of the adequacy of the Independent Auditors' performance as provided by Rachlin, Cohen, Holtz for the last three years, either through the appointment of a citizens' committee, an individual,or other certified public accountant or firm (pursuant to Municipal Charter Section 4.10). Action: City Clerk Brown=Morilla read the title. City Manager Russo reported that in this, his first year, he has had a very positive experience working with Rachlin, Cohen, Holtz. Commissioner Edelcup suggested that the Charter required an independent review. Mayor Samson recommended that Commissioner Edelcup head a committee and give the City Commission a review,Vice Mayor Kauffman seconded it. City Manager Russo said that the formation of the Finance Advisory Committee will be on the next agenda and that members would be appointed to the Committee at that time. 11. DISCUSSION ITEMS None 10 Regular City Commission Meeting Summary Minutes September 20,2001 City of Sunny Isles Beach,Florida 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 13. ADJOURNMENT Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to adjourn the meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting was adjourned at 8:16 p.m. Respectfully submitted by: Approved by •ity Commis • non October 16, 2001 A `1 ,/ •. 1 111 ////n//•��///� •t :. - 1v. Ala .I. Richafd Brown'-Morila, City Clerk David Samson, Mayor r •v • r r t I f.. ti y• _" •/ 11