HomeMy WebLinkAbout2001-0621 Regular City Commission Meeting SUMMARY MINUTES
Thursday, June 21, 2001, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:01 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 Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: City Clerk Richard Brown-Morilla led the Pledge of Allegiance to the flag, and
Richard Schulman gave an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—May 17, 2001.
3B. Special City Commission Meeting— May 29, 2001.
Action: Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to
approve both the May 17, 2001 and May 29, 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 Item 9G after 5B; Add-On Item: 7J. First Reading on Professional
Fee Reimbursement Ordinance; 9B. Amendment to Resolution; and 9H.
Replacement Option Agreement.
Action: City Clerk Brown-Morilla read the following requests: that item 9G(Donation)
be heard after item 5B; add to the agenda, item 7J (Pt reading of the Professional Fee
Reimbursement Ordinance);replacement for Resolution 9B(amending the Rank Ordering
Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
of the Landscape Architectural Firms);replacement for Resolution 9H(Option Agreement
for Purchase and Sale of Real Property). City Clerk Brown-Morilla asked if there were
any other additions or deletions from the agenda. Vice Mayor Kauffman moved and
Commissioner Turetsky seconded a motion to approve the modifications 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 June, 2001 —Officer Brian Schnell.
Action: Police Chief Fred Maas introduced Police Officer Brian Schnell as Police
Officer of the Month for June 2001, and presented him with a certificate, and a check.
Sgt Hopkins also announced that Officer Blake Royal had also been awarded the
Miami-Dade County Chiefs of Police Award as Officer of the Month.
5B. A Proclamation to be Presented Declaring July 2001 as "City of Hope Volunteers
Month in the City of Sunny Isles Beach".
Action: Mayor Samson read the Proclamation, and City Clerk Brown-Morilla
announced that the Proclamation had already mailed it to City of Hope.
6. ZONING (No Zoning Hearings Scheduled)
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 2000-88, Establishing the Operating Departments of the
City; Providing for Severability;Providing for Repealer;Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo gave his
report.
Public Speakers: None
Commissioner Turetsky 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
Thursday, July 12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman y
Mayor Samson yes
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 99-65 Pertaining To "Elections," By Amending Section 5,
"Canvass of Election Returns,Certificate of Election"By Revising the Composition of
the Canvassing Board;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 presented his report.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias 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 Thursday,July
12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 2000-87 & 2000-98; to Include a Subsection (E) Entitled
"Termites;Development of Land;Annual Inspection";Providing for the Mandatory
Treatment of Vacant Land; Providing for the Annual Inspection of Multi-Complex
Dwellings of Ten(10)Units or More; Providing for Penalties;Providing for a Repealer;
Providing for Severability; Providing for Inclusion in the Code; and Providing for an
Effective Date. (Requested by Mayor David Samson)
Action: City Clerk Brown-Morilla read the title and Mayor Samson gave his report.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias 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 Thursday,July
12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Designating the Code of Ordinances of the City of Sunny Isles Beach; Providing for
Definitions and Rules of Construction for Code of Ordinances; Providing for the
Repealing and Severability of Parts of the Code; Providing for an Effective Date for All
Ordinances; Further Providing for General Penalties for Violations of Code of
Ordinances; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Turetsky moved and Commissioner Iglesias 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
Thursday, July 12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing City Ordinance No. 99-64 Entitled "Security Alarms" and Creating a New
Ordinance of the City of Sunny Isles Beach Entitled "Alarm Systems Registration";
Providing for a Purpose;Providing Definitions;Providing for Registration;Providing for
Registration Fee; Providing for Alarm Systems in Apartment Complexes;Providing for
Proper Alarm Systems Operation and Maintenance; 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 Code & Licensing Enforcement
Officer Chris Steers gave his report.
Public Speakers: none
Vice Mayor Kauffrnan 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 Thursday,July
12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
7F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance .No. 2000-103 Entitled "Certificates of Use", Amending
Definitions; Providing for Application Procedures; Providing for an Origination Fee of
580; Providing for a S35 Annual Renewal Fee; Providing for Specific Grounds for
Denial; Providing for Duties of the Code Enforcement&Licensing Director; Providing
for Approval of Business Location;Providing for Lost or Stolen Certificates;•Providing
for Revocation of Certificate of Use; Providing for Procedures Pursuant to Which a
Certificate of Use is Revoked; Providing for Right of Inspection; Providing for
Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in
Code; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code & Licensing Enforcement
Officer Chris Steers gave his report.
Public Speakers: none
Commissioner Turetsky 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
Thursday, July 12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7G. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing All References to the "Planning Director", "Community Planning &
Development Director" or "Director of Building, Planning and Zoning (or Some
Facsimile Thereof)Contained in the Ordinances Listed in the Attached Exhibit"A,"and
Substituting Therefore the Term"City Manager and His/Her Designee,"as Appropriate;
Providing for Severability; Providing for Repealer; Providing Inclusion into the Code;
and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her
report.
Public Speakers: none
Commissioner Morrow 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 Thursday,July
12, 2001, at 7:00 p.m.
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7H. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Relating to Requiring and Collecting Permit Fees from Providers of
Communications Services and Increasing the Local Communications Services Tax;
Providing for Intent; Providing for Election Not to Require and Collect Permit Fees;
Providing for Election to Increase Local Communications Services Tax; Providing for
Notice to the Department of Revenue; Providing for Repealer; Providing for a Savings
Clause; Providing for Severability; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her
report for both items 7H and 7I.
Public Speakers: none
Vice Mayor 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 held on Thursday,July
12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7I. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Relating to Increasing the Local Communications Services Tax Rate; Providing for
Intent;Providing for Increased Local Communications Services Tax Rate;Providing for
Notice to the Department of Revenue; Providing for Severability; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her
report.
Public Speakers: none
Commissioner Morrow moved and Commissioner Turetsky seconded a motion to
approve the proposed ordinance on first reading. The motion was approved by a
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
roll call vote of 5-0 in favor. Second reading, public hearing will be held on
Thursday, July 12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7J. Add-On Item
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Requiring Charges Incurred by the City for Such Consultants that May be
Necessary for Any Zoning Application Including Engineering, Planning, Legal,
Technical,or Environmental Consultant or Professional(s)Employed by the City to
be Paid by the Applicant in Accordance with the Actual Hourly Rates, in Addition to
Any Other Application Fees Required by Law; Providing that the Applicant Shall
Reimburse the City for the Cost of Such Consultant Services Upon Submission of a
Copy of the Voucher; Providing for the Establishment of an Escrow Account From
Which Withdrawals May be Made to Reimburse the City for the Cost of Professional
Review Services;Providing that the Balance in Such Escrow Account When Reduced to
One-Third of the Initial Amount, Shall Require the Applicant to Deposit Additional
Funds into Such Account to Bring Its Balance Up to the Amount of the Initial Deposit .
Such that if Such an Account is Not Replenished Within Thirty (30) Days After the
Applicant is Notified, in Writing, of the Requirement for Such Additional Deposit, the
City May Suspend Its Review of the Application; and Further Providing that a Building
Permit or Certificate of Use and Occupancy Shall Not be Issued Unless All Professional
Review Fees Charged in Connection With the Applicant's Project Have Been
Reimbursed;Providing that All Fees Required Under This Ordinance Shall be Collected
by the Zoning Director; Providing for Repealer; Providing for
Severability; Providing for Inclusion into the Code: Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her
report. She said City Manager Russo had suggested the legislation, using a model from
Rye Brook, NY. City Manager Russo noted that the title of the Ordinance should be
changed to reflect the new title of the "Zoning Director."
Public Speakers: none
Commissioner Iglesias moved the amended motion 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 Thursday,July 12, 2001, at 7:00 p.m.
Vote: Commissioner Iglesias yes
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
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,
Awarding a Bid to Brown & Brown/Coregis Insurance Group, for Comprehensive
Insurance& Brokerage Services;Authorizing the City Manager to Award Bid to Said
Company and Negotiate Insurance 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 Morrow seconded a motion to approve
the resolution. Resolution No. 2001-337 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,
Approving the Ranking of Landscape Architectural Firms and Authorizing the City
Manager to Negotiate an Agreement By and Between the City of Sunny Isles Beach and
O'Leary Design Associates, P.A., for Various Landscape Architectural Services;
Authorizing the City Manager to Take Any and All Action as May be Necessary to
Effectuate the Resolution; Providing for an Effective Date.
Action: [Clerk's Note: A revised Resolution was handed out] City Clerk Brown-Morilla
read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2001-338 was adopted by a voice vote of 5-0
in favor.
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Supporting the Baby Teeth Study Known as the "Tooth Fairy Project"; Relating to
Radiation and Public Health;Providing for an Effective Date. (Requested by Vice Mayor
Lila Kauffman)
Action: City Clerk Brown-Morilla read the title and Vice Mayor Kauffman presented her
report.
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve
the resolution. Resolution No. 2001-339 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 a Change Order,Regarding the Contract By and Between the City of Sunny
Isles Beach and Choice Hire for Human Resources Services, as Outlined in Exhibit"A",
Attached Hereto, Increasing Services and the Amount of Compensation by S4,680;
Authorizing the City Manager to Do All Things Necessary to Effectuate Said Change
Order; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his
report.
Public Speakers: none
Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve
the resolution. Resolution No. 2001-340 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,
Consenting to the Assignment of the CATV Franchise from Interlink Communications
Partners, LLC (D/B/A Charter Communications) to TCI Cable Partners of St. Louis,
L.P. (D/B/A AT&T Broadband); and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser stated
that the item was withdrawn.
Public Speakers: none
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Compromise, Settle and Pay All Claims Which May
be Discharged by a Payment of Amount Not to Exceed Ten Thousand Dollars(S 10,000)
for Each Individual Claim;Further Authorizing the City Manager and the City Attorney to
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
Compromise, Settle and Pay All Claims Which May be Discharged by an Amount in
Excess of Ten Thousand Dollars (S10,000) But Not More Than Twenty-Five Thousand
Dollars($25,000) for Each Individual Claim Requiring that Any Proposed Settlements in
Excess of Twenty-Five Thousand($25,000)for an Individual Claim Shall be Submitted to
the City Commission for its Approval; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her
report.
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve
the resolution. Resolution No. 2001-341 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,
Accepting a Donation of 525,000 From ARCOS-1 Project, to be Utilized for
Improvements in the Gilbert Samson Memorial Park; Authorizing the City Manager
to Do All Things Necessary to effectuate this Resolution;Providing for an Effective Date.
Action: [Clerk's Note: This item was heard after item 5B] City Clerk Brown-Morilla
read the title and City Manager Russo presented his report. Mayor Samson presented a
plaque to David Warnes, CEO of New World Network expressing appreciation for the
donation.
Public Speakers: none
Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve
the resolution. Resolution No. 2001-336 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,
Approving the Option Agreement for Purchase and Sale of Real Property, of
Approximately Three (3) Acres on Which the Tony Roma Restaurant is Situated, at
18050 Collins Avenue, in the Amount of $2.4 Million With an Option Deposit of
$50,000 for a 120-Day Option, Which Deposit Shall be Applied to the Purchase Price if
the City Proceeds to Purchase and to be Sacrificed if the City Declines to Proceed,
Attached Hereto as Exhibit "A"; Providing, in Concept, for the Construction of a New
Tony Roma Restaurant Site, Either to be Incorporated in the City Hall Site or Adjacent
to the City Hall Site, on the Terms Set Forth in a Letter Agreement Attached Hereto as
Exhibit"B"; Providing the City Manager and the City Attorney Authorization to Proceed
to Negotiate a Lease Agreement and Contract with Romacorp,Which Lease and Contract
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
Will be Brought Before the Commission for Final Approval; Providing for an Effective
Date.
Action: [Clerk's Note: A revised Option Agreement was handed out] City Clerk Brown-
Mori lla read the title and Mayor Samson presented his report. City Manager Russo
reviewed the history of the decision not to proceed with the Sunny Isles Boulevard city
hall site. He noted that the cost of land has been increasing rapidly within our city.
Commissioner Iglesias mentioned that there are a variety of positive options from the
proposal.
Public Speakers: Cecile Sippin; Don Stewart; Phillip Chemoff
Commissioner Morrow moved and Vice Mayor Kauffinan seconded a motion to approve
the resolution. Resolution No. 2001-342 was adopted by a voice vote of 5-0 in favor.
10. MOTIONS (None)
11. DISCUSSION ITEMS
11A. Report by Commissioner Connie Morrow, Chairperson of the Fashion, Film,
Entertainment and Production Council (FFEPC) regarding 1) the Film and Photo
Opportunity Boat and Bus Tour of the City for Film and Photo Producers and Location
Scouts, Including Representatives from the Miami-Dade County Mayor's Office of Film
and Entertainment; and, 2) Brochure.
Action: City Clerk Brown-Morilla read the title and Commissioner Morrow presented her
report and announced that the Premier Film and Photo Tour would take place on Friday,
June 29,2001. She thanked City Clerk Brown-Morilla for his help,and she thanked City
Manager Russo for supporting the efforts of the FFEPC projects, for printing the Film
Industry Brochure, and for the staff help with the Tour. Commissioner Morrow noted
there had already been a noticeable increase Film Industry interest in our City following
the City mailing of our new Film Industry Brochure.
Public Speakers: Phillip Chemoff
11B. Add-on:
Commissioner Turetsky noted that it had been several years since the City had held
informal Town Hall meetings in the community. He proposed that the City again
conduct several informal Town Hall meetings, such as the City had done in the past.
Mayor Samson expressed a concern that such meetings might be perceived as being
political. Commissioner Morrow and Vice Mayor Kauffman agreed it was a good idea to
hold the informal town hall meetings. The consensus was to hold an informal town hall
meeting in the northern area of the City on Tuesday July 17, and in the southern area on
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Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida
Tuesday July 31 at the Arlen House. It was agreed that City staff would make arrange
for the locations and the City Clerk would provide public notice to the community.
[City Clerk's Note: Subsequent to the City Commission meeting,the informal town hall
meetings were postponed until October, 2001]
12. CITIZENS' FORUM: REQUESTS,PETITIONS&OTHER COI\ 7UNICATIONS
A. Phillip Chemoff asserted that the Shopping Cart Ordinance was not being enforced.
Chris Steers reviewed the City's efforts to better educate the community about not
removing the carts and/or the need to return them.
13. ADJOURNMENT
Commissioner Morrow and Vice Mayor Kauffman moved to adjourn the meeting. The
meeting was adjourned at 8:28 p.m.
Respectfully submitted by: Approve y the City Co mission on July 19, 2001
,ded
1,;Richard'Bkown N_ orilla, City Clerk David Samson, Mayor
t'. Y..J •
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