HomeMy WebLinkAbout2002 0919 Regular City Commission Meeting
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SUMMARY MINUTES
Regular City Commission Meeting
Thursday, September 19,2002,7:30 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
1. CALL TO ORDERlROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:30 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
City Manager Christopher J. Russo
City Clerk Richard Brown-Morilla
Deputy City Attorney Hans Ottinot
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Commissioner Goodman led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - July 18, 2002.
38. Special City Commission MeetinglFirst Budget Hearing for Fiscal Year 2002/03 -
September 5, 2002.
Action: Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a
voice vote of 5-0 in favor.
4. ORDER OF BUSINESS (AdditionslDeletions/Amendments)
4A. Request to Hear Item 9A after Item 58; Withdraw Item 7C regarding Emergency
Management Procedure; Replace Item 9E, and to Add an Ordinance Item 7D,
regarding a Bond Issue, and a Resolution 9F, appointing delegates to the Miami-Dade
League of Cities.
Action: Mayor Samson reported that Item 9A would be heard after Item 5B; that the City
had requested that Item 7C be withdrawn; Replace Item 9E; and a request to add-on
Regular City Commission Meeting Summary Minutes September 19, 2002
City of Sunny Isles Beach, Florida
an Ordinance, agenda item 7D, and a resolution, agenda item 9F.
Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to
revise the agenda accordingly. The motion was approved by a voice vote of 5-0 in
favor.
5. SPECIAL PRESENTATIONS
SA. Special Introduction of Sunny Isles Beach Corporal Michael Mulvey, Recently Selected
as Police Officer ofthe Year for the National Association of Police Officers (NAPO).
Action: Police Chief Fred Maas introduced John Rivera, President of Miami-Dade
County Police Benevolent Association (PBA), and Corporal Michael Mulvey as Police
Officer of the Year for the NAPO. Corporal Mulvey was selected as one of the top ten
cops in the country. He traveled to New York City for an event on 9/11, and was elected
as the "Citizens Choice as the Top Cop in the United States". Mayor Samson presented a
plaque from the City to Corporal Mulvey.
Steve Lesnick, Co-Chairman of the Citizens Public Safety Advisory Committee of Sunny
Isles Beach presented a $500.00 check to Corporal Mulvey. Herb Abramson on behalf
of the Sunny Isles Beach Civic, Cultural and Beautification Trust, presented a $500.00
check to Corporal Mulvey. Senator Gwen Margolis presented Corporal Mulvey with a
commendation from the County. Steve Lesnick expressed gratitude to Senator Margolis
for donating $2,400 to his organization. Corporal Mulvey said that he would donate a
percentage of the proceeds of the checks he received to the local Police Officers
Assistance Trust (POA T).
Steve Lesnick also presented a Citizens Public Safety Advisory Committee Plaque to
Chief Maas for his outstanding leadership.
5B. Acceptance of a $200,000.00 Grant Award from the Florida Recreation Development
Assistance Program (FRDAP) for the Development of the Recreational Amenities at the
Future Active Park Located at 181 st - 1 82nd Drive and North Bay Road.
Action: Mayor Samson introduced the Honorable State Representative Dan Gelber who
reported and presented the City with a $200,000.00 Check.
5C. Add-On:
Mayor Samson introduced Senator Gwen Margolis, and State Representative Dan
Gelber.
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Regular City Commission Meeting Summary Minutes September 19, 2002
City of Sunny Isles Beach, Florida
6. ZONING
No Zoning Hearings Scheduled
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2001-
117, to Extend the Time Limit Required for Applicants With Un-Expired Development
Orders to Proceed With Development Approvals Issued by the City Commission, Until
the Disposition of the Omnivoint Case, or the Adoption of the City's Land Development
Regulations; Providing for a Temporary Stay in the Publication of the "Notice of
Amortization of Zoning Approvals" Until the Disposition of the Omnipoint Case or the
Adoption of the Land Development Regulations, Whichever Comes First; Providing for a
Repealer; Providing for Severability; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Deputy City Attorney Ottinot
reported and attempted to explain the impact of the Omnivoint case. Commissioner
Edelcup, Vice Mayor Iglesias, and Mayor Samson each also explained for the benefit of
the audience.
Public Speakers: Tom Wahl; Cecile Sippin; Zack Greenberg
Commissioner 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 5-0 in favor. Second reading, public hearing will be held on
Thursday, October 10,2002, at 7:30 p.m.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
7B. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 98-24
and Ordinance No. 2001-146, Establishing Standards and Requirements for
Newsracks Located on the Public Rights-of-Way and Private Property; Providing for
Purpose; Providing for Definitions; Providing for Location and Placement of News racks
on Public and Private Property; Providing for Standards for Installation, Maintenance and
Appearance of News racks by the City; Providing for Permit and Conditions for Permit;
Providing for Allocation of News rack; Providing for Revocation of Permits; Providing
for Mounting Standards; Providing for Appeal; Providing for Administrative Fees;
Determining Newsrack Abandonment; Providing for Indemnification; Providing for
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Regular City Commission Meeting Summary Minutes September 19,2002
City of Sunny Isles Beach, Florida
Repeal of Conflicting Provisions; Providing for Severability; Providing for Inclusion in
the Code and an Effective Date.
Action: City Clerk Brown-Morilla read the title and Deputy City Attorney Ottinot
reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor 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,
October 10,2002, at 7:30 p.m.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
7C. An Ordinance of the City of Sunny Isles Beach, Florida, Entitled "Emergency
Management Procedures;" Providing for Purpose, Providing for Definitions, and
Emergency Management Structure; Providing Declaration of a State of Emergency,
Termination of a State of Emergency, Police Emergencies, Fire and Hazardous Materials
Emergencies, the Suspension of Local Building Regulations, and the Certification of
Emergency Conditions; Providing for Coordination with Miami-Dade County; Providing
for Penalty; Providing for Repeal, Severability, Inclusion in the Code and an Effective
Date.
Action: City Clerk Brown-Morilla announced again that this item was withdrawn (see
Item 4A).
7D. Add-On
An Ordinance of the City of Sunny Isles Beach, Florida, Authorizing the Negotiations of
a Loan in an Aggregate Amount Not to Exceed $18,500,000.00 from the Florida
Municipal Loan Council; Af'f'mving the Refooding ofCert8:in Outstanding Obligations;
Approving the Execution and Delivery of a Loan Agreement with the Florida Municipal
Loan Council Attached Hereto as Exhibit "B"; Approving the Execution and Delivery of
a Disclosure Agreement Attached Hereto as Exhibit "C"; Approving the Execution and
Delivery of a Bond Purchase Agreement Attached Hereto as Exhibit "D"; Providing for
the Payment oflssuance Costs; Providing Certain Other Matters in Connection with the
Making of Such Loan; Providing the City Manager with the Authority to Do All Things
Necessary to Effectuate the Loan Agreement and Providing an Effective Date.
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Regular City Commission Meeting Summary Minutes September 19,2002
City of Sunny Isles Beach, Florida
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported a
correction in the title (see above strikeout).
Public Speakers: none
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to
approve the proposed ordinance on first reading as amended. The motion was
approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be
held on Thursday, October 10,2002, at 7:30 p.m.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias 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,
Requesting Membership in the Florida Retirement System ("FRS"); Providing the City
Manager with the Authority to Execute All Agreements and Amendments Necessary for
Enrollment into the FRS; Providing the City with the Authority to Withhold Employees'
Wages; Providing for the Appropriation of Contributions and Assessments from the City
as Provided by Law; Providing for Record Keeping; Providing for the Acceptance of
Terms and Conditions for Membership in the FRS; Providing for the Designation of
Custodian; Providing for Notice to the Administrator of the Florida Retirement System;
Providing for an Effective Date.
(First Reading 7/18/02)
Action: City Clerk Brown-Morilla read the title, and City Manager Russo reported that
fifty-one employees elected to go with the FRS system.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to adopt
the ordinance. Ordinance No. 2002-158 was adopted by a roll call vote of 5-0 in
favor.
Vote:
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
Vice Mayor Iglesias
Mayor Samson
yes
yes
yes
yes
yes
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Regular City Commission Meeting Summary Minutes September 19, 2002
City of Sunny Isles Beach, Florida
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting a Donation of $50,000.00 from the Sunny Isles Beach Civic, Cultural and
Beautification Trust, Inc., for the Collins Avenue Landscape Beautification Project;
Providing the City Manager with the Authority to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Herb Abramson reported.
Public Speakers: Herb Abramson
Mayor Samson moved and Commissioner Kauffman seconded a motion to approve the
resolution. Resolution No. 2002-471 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,
Establishing a Schedule for City Commission Meetings for Calendar Year 2003; and
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and reported.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to approve
the resolution. Resolution No. 2002-472 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 a Change Order to the Agreement between the City of Sunny Isles Beach and
Lukes' Landscaping, Inc. ("Lukes"'), in the Amount of $73,092.60, Attached Hereto as
Exhibit "A", in Accordance with Resolutions No. 2001-377 and No. 2001-390, for
Landscaping and Irrigation ofthe Sunny Isles Beach Boulevard (SR826) Nosecone
Beautification Project; Providing the City Manager with the Authority to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported that
this project is being mainly paid for by grants.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-473 was adopted by a voice vote of 5-0 in favor.
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Regular City Commission Meeting Summary Minutes September 19,2002
City of Sunny Isles Beach, Florida
9D. 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 Publishing,
Inc. DIBIA Community Newspapers, for Advertising Services at a Cost of$750.00
Per Issue; Providing the Mayor the Authority to Execute Said Agreement; Providing the
City Manager with the Authority to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Administrative Services Director
Alyce Hanson reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2002-474 was adopted by a voice vote of5-0
in favor.
9E. Replacement
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the Temporary Waiver of Section 33-95(F) of the City Code of
Ordinances as Adopted with Conditions; Providing for the Temporary Waiver Through
January 31, 2003; Providing for Penalties; Providing for Severability; and Providing for
an Effective Date.
Action: [City Clerk's Note: a replacement Commission Memo and Resolution was
distributed in the hand-out.} City Clerk Brown-Morilla read the title and Code
Enforcement and Licensing Director Christopher Steers reported that this resolution
temporarily amends that Section of the Code that prohibits banner signs. The Resolution
was revised by including all businesses in the City, not just condo hotels.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2002-475 was adopted by a voice vote of5-0
in favor.
9F. Add-On
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 Fiscal Year 2002/03;
Providing for an Effective Date.
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Regular City Commission Meeting Summary Minutes September 19,2002
City of Sunny Isles Beach, Florida
Action: City Clerk Brown-Morilla read the title and reported.
Public Speakers: none
Mayor Samson passed the gavel and moved and Commissioner Goodman seconded a
motion to designate Lila Kauffman as the delegate and Norman S. Edelcup as the
alternate, and to approve the resolution. Resolution No. 2002-476 was adopted by a
voice vote of 5-0 in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
ItA. Discussion regarding Establishing a Special Events Policy for Use of City Parks and
Public Facilities.
Action: City Clerk Brown-Morilla read the title and Mayor Samson requested that the
City Manager set a policy that will restrict the use of City parks and public facilities.
City Manager Russo promised to have a recommendation on the next City Commission
Agenda of October 10, 2002.
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13. ADJOURNMENT
Commissioner Kauffman moved and Commissioner Edelcup seconded the motion to
adjourn the meeting. The meeting was adjourned at 8:36 p.m.
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