HomeMy WebLinkAbout2001-0719 Regular City Commission Meeting SUMMARY MINUTES
Thursday, July 19, 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 7:02 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Lila Kauffman
Commissioner Danny Iglesias
Commissioner Connie Morrow
Commissioner Irving Turetsky
City Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser (arrived at 7:05 pm)
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Vice Mayor Lila Kauffman led the Pledge of Allegiance to the flag, and Richard
Schulman gave an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—June 21, 2001.
3B. Special City Commission Meeting—July 12, 2001.
Action: Vice Mayor Lila Kauffman moved and Commissioner Turetsky seconded a
motion to approve both the June 21, 2001 and July 12, 2001 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: A Revised Resolution for agenda item 9A was distributed at the meeting
(deleting the Mayor's race from the General Election and deleting a Run-off election.)
Summary Minutes:Regular City Commission Meeting July 19,2001 City of Sunny Isles Beach,Florida
SPECIAL PRESENTATIONS
5A. Police Employees of the Month of July,2001: Police Officer Marcos Lopez,Detective
Ray Atesiano and Detective Eddy Santiago.
Action: Police Chief Fred Maas introduced Police Officer Lopez, Detective Atesiano,
and Corporal Santiago and read his report designating them as Police Employees of the
Month for July, 2001. He also presented each of them with a certificate, and a check.
5B. Police Employee of the Month of August, 2001 - Police Officer Blake Royal.
Action: Police Chief Fred Maas read his statement designating Police Officer Blake
Royal as Police Officer of the Month for August, 2001 and said he would present him
• with a certificate, and a check, since Officer Royal works the midnight shift,he was not
present.
5C. Letters of Commendation Sent to the City of Sunny Isles Beach Police Department.
Action: Police Chief Fred Maas read one of the letters of commendation that had
been sent to our City's Police Department.
5D. Certificates of Appreciation to be Presented to Members of the Fashion, Film,
Entertainment& Production Council and to City Staff for Coordinating the Premier
Film&Photo Opportunity Boat and Bus Tour of Sunny Isles Beach,and the Sunny Isles
Beach Film Industry Brochure.
Action: Commissioner Connie Morrow, Chairperson, Fashion, Film, Entertainment
&Production Council (FFEPC),presented the Certificates of Appreciation individually
to FFEPC members:Richard Schulman,Phillip Chemoff,Steve Lesnick,John Shepherd,
Honey Scriff,and to the City staff members Alayne Yeash,Jane Hines, Susan Simpson,
and Alyce Hanson. She noted that FFEPC members Ginny Wolnowicz, Mark Neckes,
Stephanie Sladon,and Trisha Marzitelli,and City staff member May Wong were unable
to attend the meeting.
Mayor Samson presented a Plaque, indicating appreciation, to Commissioner Connie
Morrow, Chairperson, Fashion, Film, Entertainment & Production Council for her
initiative in recommending the creation of the FFEPC and for the successful Premier
Tour of the City and the new Film Industry Brochure.
City Manager Russo presented an"Oscar"to Richard Schulman in special recognition of
his outstanding performance as a "supporting cast member" in the City of Sunny Isles
Beach; and a larger"Oscar"to Mayor David Samson"for his support of the FFEPC and
vision for the City of Sunny Isles Beach."
Commissioner Morrow thanked City Clerk Brown-Morilla for his advice and support for
the FFEPC's efforts.
2
Summary Minutes:Regular City Commission Meeting July 19,2001 City of Sunny Isles Beach,Florida
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Norma Cintado,Owner of the Property Located at 319 Atlantic Avenue for
the Following: (Hearing#Z2001-03)
1. Non Use Variance of lot coverage requirements to permit a proposed residence with
a lot coverage of 46.3% (35%permitted).
2. Non Use Variance of setback requirements to permit a proposed residence to setback
12.5 ft. from the front (south) property line (25 ft. required).
3. Non Use Variance of setback requirements to permit a proposed residence to setback
3.58 ft. from the interior(east) side property line (5.8 ft. required).
4. Non Use Variance of setback requirements to permit a proposed residence to setback
4.0 ft. from the interior(west) side property line (5.8 ft required).
5. Non Use Variance of setback requirements to permit a proposed barbeque to a single
family residence to setback 4.75 ft. from the rear(north)property line(5 ft.required).
6. Non Use Variance of setback requirements to permit a proposed barbeque to a single
family residence to setback 3.33 ft. from the interior(east) side property line(5.8 ft.
required).
7. Non Use Variance of setback requirements to permit a proposed trellis to setback 3.5
• ft. from the interior(west) side property line (5.8 ft. required).
8. Non Use Variance of setback requirements to permit a swimming pool to setback
5.33 ft. from the interior(west) side property line (10 ft. required).
Protests 3 Waivers 0 Ex-Parte 0
Action:[City Clerk's Note: Three(3)protest letters were distributed at the start of the
meeting.] Mayor Samson read a statement regarding procedure and decorum. City Clerk
Brown-Morilla read the applicant's name,hearing number,location and then administered
the oath to the witnesses for the Zoning hearing. City Clerk Brown-Morilla said there
were three letters of protest. He asked if there were any ex-parte disclosures from any
member of the City Commission,and there were none. City Attorney Dannheisser read a
disclaimer for the hearing.
Public Speakers: Omar A:Morales,Architect for the applicant;Dr.Isidro Lezcano;Janet
Cini; Bob Giese; Norman Edelcup; Gerry Goodman; Hector Ortiz; Salvatore Tizzoni
[City Clerk's Note: Ms. Cini submitted a copy of her prepared statement. Mr. Morales
submitted an artist's color rendering of the proposed house. Mr.Ortiz submitted a color
photograph of the proposed building site]
Mayor Samson expressed concern about the quantity of pavers and the corresponding
increase in stormwater run-off, and he suggested increasing landscaped areas.
Commissioner Iglesias reviewed each request in detail and suggested modifications to
resolve the neighborhood objections. He suggested a deferral.
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to continue
the hearing until Tuesday,July 24,2001 at 5:00 p.m. The motion was approved by a
roll call vote of 5-0 in favor.
3
Summary Minutes:Regular City Commission Meeting July 19,2001 City of Sunny Isles Beach,Florida
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Ordinances Numbers 98-21, 98-57, and 99-71 Reestablishing 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 Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing
Director Christopher Steers reported. He began to suggest some modifications to the
proposed ordinance; however City Manager Russo requested a deferral of the item,
indicating that neither he nor City Attorney Dannheisser had an opportunity to review
the modifications. The item was deferred to a date uncertain.
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Loan Agreement Between the City of Sunny Isles Beach and the State
of Florida for a Loan in the Amount of$670,000 Under the State Revolving Fund
Loan Program for Stormwater Activities; Establishing Pledged Revenues;Providing
the Mayor with the Authority to Execute Said Loan Agreement; Providing the City
Manager with the Authority to Do All Things Necessary to Effectuate the Loan
Agreement; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Turetsky 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 held on Tuesday,
July 31, 2001, at 12:30 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky y
Vice Mayor Kauffman y
Mayor Samson Les
4
Summary Minutes:Regular City Commission Meeting July 19,2001 City of Sunny Isles Beach,Florida
8. ORDINANCES FOR SECOND READING (Public Hearings)
None
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Pursuant
to Section 5.1 of the Municipal Charter, Calling for a General Election to be Held on
Tuesday,September 11,2001, for the Purpose of Submitting to the Electorate of the City
of Sunny Isles Beach the Names of All Qualified Candidates for Election to the Position
of Mayor, City Commissioner, Seat 02 (Central Residential Area), and of City
Commissioner, Seat 04 (At-Large); ' : . • . . ' . • e _ . :, ' • • • . - , .
b.,Held on Tuesday October n 2001; Providing for City Commission Designation of
One Registered Voter Who Shall Serve With the City Clerk and the City Manager as
the Canvassing Board for Said General and Run Off Elections; Providing for
Conducting the Elections, Polling Places, Form of Ballot, Voter Registration,Notice of
Elections; Providing for an Effective Date. *
Action: (*City Clerk's note: A Revised resolution was distributed at the meeting,
deleting the Mayor's race and a Run-off election since they were not necessary. See also
add-on agenda item 11A regarding the end of qualifying] City Clerk Brown-Morilla
read the title and presented his report.
Public Speakers: none
Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to
designate Manny Pine to serve on the Canvassing Board,and to approve the revised
resolution. Resolution No. 2001-347 was adopted by a voice vote of 5-0 in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Mayor to Execute Resolution No. 2001-001 of the Council of Coastal
Mayors of Miami-Dade County,Florida,Adopting a List of Legislative and Funding
Priorities for Miami-Dade County Beach Erosion Control,and Requesting the Miami-
Dade County Congressional Delegation to Support and Implement the Goals and
Objectives of the Items on the List of Priorities,as Set Forth in the Attached Exhibit"A";
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Mayor Samson presented his report.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-348 was adopted by a voice vote of 5-0 in favor.
5
Summary Minutes:Regular City Commission Meeting July 19.2001 City of Sunny Isles Beach.Florida
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Mayor to Execute Resolution No. 2001-002 of the Council of Coastal
Mayors of Miami-Dade County, Florida, Requesting the Miami-Dade County Mayor
and Commission to Direct the Department of Environmental Resources Management to
Expeditiously Implement the Innovative Erosion Control and Sand Recycling
System Demonstration Project Developed for the Critically Eroded Beaches Along the
City of Miami Beach, the Town of Surfside and the Village of Bal Harbour, as More
Specifically Set Forth in the Attached Exhibit "A"; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Mayor Samson summarized his
report.
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2001-349 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS - None
11. DISCUSSION ITEMS - None
A. Add-on: End of Election Qualifying
Action: Mayor Samson announced that as of 4:01 p.m. today, he was automatically re-
elected for another four-year term of office, since there was no opponent against his
candidacy in the Mayor's race. [City Clerk's Note: see also item 9A above]
12. CITIZENS' FORUM: REQUESTS,PETITIONS &OTHER COMMUNICATIONS
None
13. ADJOURNMENT
Commissioner Turetsky and Vice Mayor Kauffman moved to adjourn the meeting. The
meeting was adjourned at 8:57 p.m.
„ tom
Respect`ullyASUbmitted by: Approved he City Com iss n on July 31, 2001
5 v
Richard Brown-Morilla, City Clerk David Samson, Mayor
it- {f. 6