The URL can be used to link to this page

Home My WebLink About2001-1016 Regular City Commission Meeting SUMMARY MINUTES Tuesday, October 16, 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 7:03 p.m.,with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias (arrived at 7:10 p.m.) City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson led the Pledge of Allegiance to the flag and then he read an introductory statement regarding decorum. 3. APPROVAL OF MINUTES 3A. Summary Minutes for Special City Commission Meeting/Second Budget Hearing for Fiscal Year 2001/02 —September 13, 2001. 3B. Special City Commission Meeting— September 13, 2001. 3C. Regular City Commission Meeting—September 20, 2001. Action: Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a roll call vote of 4-0-1 in favor (Iglesias). Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias absent Vice Mayor Kauffman yes Mayor Samson yes Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. [City Clerk's Note:additional information was distributed at the meeting for item 6A, and 20 revised pages were distributed for item 8A.] Request to Hear Items: Hear item 6A next; Hear item 9H after item 5B; and Hear item 8B before item 7A. Action: Mayor Samson announced that staff had asked to hear item 6A next, item 9H after item 5B, and to hear item 8B before item 7A. Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion to approve the above-referenced agenda changes. The motion was approved by a roll call vote of 4-0-1 in favor (Iglesias). Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias absent Vice Mayor Kauffman yes Mayor Samson ves 5. SPECIAL PRESENTATIONS 5A. Police Officers of the Month for October, 2001 —Police Officer Angela Manlio and Police Officer Melissa Montesino. Action: Police Chief Fred Maas introduced Police Officers Angela Manlio and Melissa Montesino,and then Chief Maas read his report designating Officers Manlio and Montesino as Police Employees of the Month for October, 2001. Chief Maas gave them each a certificate and a check, and then introduced their husbands. 5B. Announcement of Police Promotions. Action: Police Chief Fred Maas announced the following Police promotions: • John Wyche from Police Corporal Uniform Division to Police Sergeant Uniform Division; • Ray Atesiano from Detective Investigative Division to Corporal Street Crimes Unit Task Force Operations; and • Paul Manzella from Detective Investigative Division to Corporal Internal Affairs Unit. The new badges designating the new titles were presented to each. 2 Reeular City Commission Meeting Summary Minutes October 16.2001 City of Sunny Isles Beath,Florida 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Kelco / Ocean Point LLC, Owner of the Property Located at 17375 Collins Avenue for the Following: [Hearing #Z2001-04(A)] 3. Non Use Variance of Setback requirements to permit a proposed detached sign for the proposed development to setback zero (0) feet (15 feet required) from the front west property line. 4. Non Use Variance of Sign Regulations to permit a 48 sq. ft. detached sign (24 sq. ft. permitted). Protests 0 Waivers 0 Ex-Parte 0 (Requests #3 & #4 were deferred from 9/13/01) Action: [City Clerk's Note: a one page drawing regarding street/sign elevation was distributed at the meeting.] City Clerk Brown-Morilla read the applicant's name, hearing number, and location. Public Speakers: Lester Goldstein, Esq. Lester Goldstein, Esq. requested deferral to the next meeting on November 15, 2001. Commissioner Goodman moved and Vice Mayor Kauffman seconded a motion to defer until November 15, 2001 at 7:00 p.m. The motion was approved by a roll call vote of 4-0-1 in favor (Iglesias). Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias absent Vice Mayor Kauffman yes Mayor Samson eses 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Ordinance No. 99-75,Entitled"Flood Damage Prevention";Providing for Amendment of Definitions, General Provisions and Administration; Amending Conditions for Variances; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code and an Effective Date. Action: [City Clerk's Note:Item 8B was heard first(as an Emergency Ordinance which will go into effect immediately)but in conjunction with this item] City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. 3 Regular City Commission Meeting Summary Minutes October 16.2001 City of Sunny Isles Beach,Florida Public Speakers: none Commissioner Goodman moved and Commissioner Edelcup 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, November 13, 2001, at 6:00 p.m. Vote: Commissioner Edelcup ves Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman y Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Applicability and Speed Limits on Local Streets and Alleys Within the Corporate Limits of the City of Sunny Isles Beach, Adopting Definitions; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Commissioner Goodman suggested that a speed limit reduction to 25 m.p.h. was more reasonable than 20 m.p.h. for North Bay Road, Atlantic Boulevard, 178th Street and Drive, and 182nd and 183rd Streets. He noted as a distinction that Atlantic Isle and Golden Shores are self-contained residential areas. Mayor Samson and Vice Mayor Kauffman suggested a preference of having uniformity in the City to better slow the drivers speed. Commissioner Iglesias expressed the opinion that the real issue is one of enforcement. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-1 in favor (Goodman). Second reading, public hearing will be held on Tuesday, November 13, 2001, at 6:00 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman no Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Prohibiting the Use of Cellular Telephones While Operating a Motor Vehicle on Any Public Street or Highway Within the City of Sunny Isles Beach,Unless Operated with a Hands-Free Device, in Accordance with the Code of Miami-Dade County; Providing for Definitions; Providing 4 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida for a Civil Penalty; Providing for Enforcement; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code and an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported, noting that the County was only charging S250. There was discussion regarding the implementation date of the proposal, that like the County's recent ordinance would not take effect until October 2002, and the County's ordinance will probably be challenged prior to then. Commissioner Edelcup said that Pinecrest's ordinance only charges S25 for a fine. Public Speakers: none Commissioner Iglesias moved and Commissioner Edelcup seconded a motion to withdraw the proposed ordinance. The motion was approved 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 7D. Public Hearing An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Ordinances 99-63, 99-84 and 2000-108, Creating a Town Center Overlay District on Sunny Isles Boulevard,to Provide for Uses Permitted and Prohibited;Providing for Site Plan Review for Lot Coverage, Setback Requirements, Maximum Building Height, Floor Area Ratio, Required Off Street Parking, Off Street Parking Standards, Open Space; Landscaping, Ground Floor Use Standards; Providing for Repealer; Providing for Severability and Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: this was a public hearing] City Clerk Brown-Morilla read the title and City Attorney Dannheisser read from her report, explaining in detail the legislative intent. Public Speakers: Sonja Knighton, Esq.; William Lone, Chairperson of the City's Citizen Planning Advisory Committee; Jorge Vera, Zoning Director Commissioner Iglesias expressed concern regarding the requirement of lot assemblage of three acres. He questioned the meaning of Section 7 on page 3 of the ordinance. Jorge Vera said that there needed to be a correction on page 3, Section 7 from "95 feet"to "45 feet". Commissioner Goodman questioned the City's legal position with regard to Mr. Steiger's property, and City Attorney Dannheisser clarified. 5 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida Commissioner Edelcup suggested holding a public workshop between first and second reading for maximum discussion and improved understanding. City Attorney Dannheisser encouraged the Commission to adopt the ordinance without delay, noting that in the future when the various reports are received the Commission could hold workshops and they might consider amendments. Commissioner Iglesias moved and Commissioner Edelcup 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,November 13,2001,at 6:00 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, Repealing Ordinances Numbers 98-21, 98-57, and 99-71, Re-Establishing a Code Enforcement Procedure; Providing Definitions;Providing for 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; 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 — First Reading 9/20/01) Action: [City Clerk's Note: twenty revised pages of the "Schedule of civil penalties"were distributed at the meeting.] City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Christopher Steers reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the ordinance. Ordinance No. 2001-141 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias yes 6 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida • Vice Mayor Kauffman yes Mayor Samson yes 8B. Emergency Ordinance An Emergency Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, as Authorized Under Section 4.4 of the Charter of the City of Sunny Isles Beach, Amending Ordinance No. 99-75, Entitled "Flood Damage Prevention"; Providing for Amendment of Definitions, General Provisions and Administration;Amending Conditions for Variances;Providing for Severability;Providing for Repealer;Providing for Inclusion in the Code and an Effective Date. Action: [City Clerk's Note: This Ordinance was hear/first, in conjunction with 7A] City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the ordinance. Ordinance No.2001-140 was adopted as an Emergency Ordinance 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 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing Lila Kauffman as the City's Delegate to the Miami-Dade League of Cities and Norman S. Edelcup as the Alternate to Attend Meetings During the 2001/02 Budget Year;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-378 was adopted by a roll call vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2001-372 Establishing a Revised Schedule for City Commission Meetings 7 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida for the Remainder of Calendar Year 2001, by Scheduling a Special City Commission Meeting on Thursday, October 25, 2001; Changing the Regular City Commission Meeting from Thursday, November 15, 2001 to Tuesday, November 13, 2001; and Scheduling a Special City Commission Meeting on Thursday, November 15, 2001; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-379 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, Establishing a Schedule for City Commission Meetings for Calendar Year 2002; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Vice Mayor Kauffman requested that the March 21, 2002 meeting be changed to the second Thursday in March. Mayor Samson expressed the desire that once the calendar was adopted for the year, it should not be changed except for a very significant reason. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-380 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Approving the Ranking of Architectural Firms Pursuant to §287.005, F.S. (2000) and Authorizing the City Manager to Negotiate an Agreement by and between the City of Sunny Isles Beach and Spillis Candela DMJM, for the Design of City Hall and Accessory Structure(s) Related to the City Hall, as Well as Any Other Generalized Architectural/Consultant Service that May be Requested by the City;Authorizing the City Manager to Negotiate with the Second and Third Ranked Firms Should the City be Unable to Negotiate a Satisfactory Contract with Spillis Candela DMJM that is Fair,Competitive and Reasonable;Authorizing the City Manager to Take Any and All Action as May be Necessary to Effectuate the Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. 8 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida Public Speakers: none Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-381 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,Establishing the City Manager's Financial Advisory Committee and Approving Appointment of Three Members to Said Committee; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-382 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, Creating a Community Traffic Safety Team Advisory Committee and Setting Forth its Purpose; Providing for Appointment of Members, Terms and Specific Advisory Capacity; Providing for the Appointment of a Chairman and Vice-Chair; Providing for Powers and Duties; Providing for Meetings and Minutes Subject to the Sunshine Laws; Providing for Required Disclosures; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-383 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, Approving an Agreement with Beiswenger,Hoch and Associates,Inc. (BH&A),for Miscellaneous Consultant Services, 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 reported that their services will exceed $10,000. Public Speakers: none 9 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-384 was adopted by a voice vote of 5-0 in favor. 91I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Re Co- naming 172m Street, from Collins Avenue to North Bay Road as "Town Marshall Ralph G. Langworthy Street", Authorizing the City Manager to Expend Funds, in an Amount of up to S400, for the Installation of Street Signs and to Do All Other Things Necessary to Effectuate the Intent of this Resolution; Providing foran Effective Date. Action: [City Clerk's Note: the resolution was corrected to reflect that the proposal is to "co-name" the street and was heard after item 5B] City Clerk Brown-Morilla read the title and Police Chief Maas reported. John Rivera donated a book entitled "Forgotten Heroes". Public Speakers: John Rivera Commissioner Goodman moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-385 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,Authorizing the Chief of Police to Expend 521,000 from Police Department Budgeted Funds, for the Purchase of Uniforms and Related Items for the Police Department; Providing For An Effective Date. Action: City Clerk Brown-Morilla read the title and Police Chief Maas reported. Public Speakers: none Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-386 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,Setting Forth the Method by Which the City Manager May Dispose of Surplus Property;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none 10 Regular City Commission Meeting Summary Minutes October 16,2001 City of Sunny Isles Beach,Florida Commissioner Edelcup moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-387 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion regarding Charter Amendments requested by Various City Commissioners. Action: City Clerk Brown-Morilla read the title. City Attorney Dannheisser said that in the last year, three issues had been repeatedly raised by members of the City Commission as possible Charter changes for voter consideration: 1) Salary for the members of the City Commission, and/or expenses, and in what amount 2)Rotation of Vice Mayor, and how often 3)Term limits Public Speakers: Mary Ann Eicke Mayor Samson said he wanted the language referring to the selection of Vice Mayor removed from the Charter, and that the City Commission would select the Vice Mayor on a rotating basis. He also expressed the desire that every six months the honorary Vice Mayor title should rotate among the Commissioners,and to prohibit the same individual from serving two successive terms as Vice Mayor. Commissioner Goodman asked how you could prohibit a future City Commission from selecting the same individual twice. Commissioner Edelcup proposed that the position of Vice Mayor should be viewed more seriously than as just a rotating, ceremonial position. He noted that the Vice Mayor would become Mayor, at least temporarily, in the event that a Mayor became incapacitated. Mayor Samson said that most municipalities rotate their Vice Mayor position. Commissioner Edelcup reminded that our Charter requires establishing a Charter Revision Commission in December, 2002,accordingly he questioned the need for doubling the expense by holding two elections on possible Charter changes. Due to an emergency, Commissioner Iglesias had to leave early and requested a deferral of the discussion until the next meeting. 11 Regular City Commission Meeting Summary Minutes October 16,2001 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 4-0-1 in favor (Iglesias) and the meeting was adjourned at 9:00 p.m. Respectfully.submitted by: Approved by the City Commission on Nov. 13, 2001 • • e ' 151 , l Y . • Richard;Brown-Morilla, City Clerk David Samson, May 0 .3..-' 12