HomeMy WebLinkAbout2002 0718 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, July 18,2002,7:30 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 7:40 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 Gttinot
2. PLEDGE OF ALLEGIANCE
Action: Commissioner Kauffman led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - June 20, 2002.
Action: Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to
approve the 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 7 A in Conjunction with 9A regarding the Florida Retirement
System.
Action: ICity Clerk's note: A handout was distributed during the meeting with a
Revised Agreement for item 9D (lifeguard services), and an Add-on of9P (to accept a
donation of $5,000.00).]
Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to make
the changes to the agenda. The motion was approved by a voice vote of 5-0 in favor.
Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
5. SPECIAL PRESENTATIONS
SA. Police Employee of the Month for July, 2002 - Executive Secretary Barbara Valera.
Action: Chief Fred Maas announced that Barbara Valera is the Police Employee of the
Month for July 2002. He said that she wasn't able to attend due to a family issue, and
that he would present her with a certificate, and a check at the Concerned Citizens of
Northeast Dade County luncheon on Monday, July 22,2002.
5B. Presentation by the North Miami Beach Optimist Club to the City of Sunny Isles Beach
Police Department.
Action: Jim Allen, President of the North Miami Beach Optimist Club Little League
presented a plaque to the City in appreciation for the City having sponsored the North
Miami Beach Optimist Club Little League. He expressed gratitude to Police Chief Fred
Maas, and Lt. Don Reynolds for their volunteer service, and then presented a plaque for
them. He also announced that Deputy City Attorney Hans Ottinot was a Coach.
5C. Add-on: ChiefMaas introduced the City's newest three Police Officers: Larry Restagno,
Caridad Brizuella-Arrojo, and Robert Mosley, and their families.
6. ZONING
No Zoning Hearings Scheduled
7. ORDINANCES FOR FIRST READING
7 A. 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.
Action: City Clerk Brown-Morilla read the title and City Manager Russo read the report.
Public Speakers: none
Commissioner Kauffinan 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,
September 19,2002, at 7:30 p.m.
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Summary Minutes: Regular City Commission Meeting
July 18, 2002
City of Sunny Isles Beach, Florida
V ote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias 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,
Approving an Agreement between the City of Sunny Isles Beach and the Florida
Department of Management Services Relating to Enrollment into the Florida
Retirement System; Providing the Mayor with 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 City Manager Russo said his report
on 7 A was the same for this.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to approve
the resolution. Resolution No. 2002-454 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,
Declaring the City's Official Intent to Seek Reimbursement for Certain Capital
Expenditures Made and to be Made by the City with Respect to the Acquisition,
Construction, Equipping and Installation of a New City Hall and Related Capital
Projects to be Located in the City from the Proceeds of Revenue Bonds Anticipated to be
Issued by the City; Providing for Severability and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No. 2002-455 was adopted by a voice vote of 5-0
in favor.
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Summary Minutes: Regular City Commission Meeting
July 18, 2002
City of Sunny Isles Beach, Florida
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the Purchase of a Custom-Made Lifeguard Tower for $20,000.00, from the
City of Hollywood; Providing the City Manager with the Authority to Do All Things
Necessary to Effectuate the Intent of this Resolution; 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 Edelcup seconded a motion to
approve the resolution. Resolution No. 2002-456 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 an Agreement with the Newport Beachside Resort for Lifeguard Services
at the Gilbert Samson Oceanfront Park; Providing the Mayor with the Authority to
Execute Said Agreement; Providing the City Manager with the Authority to Do All
Things Necessary to Effectuate the Intent ofthis Resolution; Providing for an Effective
Date.
Action: [City Clerk's note: A handout was distributed during the meeting with a
Revised Agreement for this item] City Clerk Brown-Morilla read the title and City
Manager Russo reported.
Public Speakers: none
Commissioner Goodman asked if the Newport is currently paying $50,000.00 a year for
the lifeguards. City Manager Russo said he did not know the exact amount they are
paying; there are two years to go.
Commissioner Goodman moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2002-457 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,
Authorizing the City Manager to Apply For, Receive and Expend Funds from a
Florida Recreation Development Assistance Program (FRDAP) Grant on Behalf of
the City, in an Amount of $150,000.00, with the City Providing Matching Funds in an
Amount of $37,500.00, Representing the Required 25% Match, to Develop the Active
Park, Located at 181-182 Drive and North Bay Road, to Include Public Restrooms
and Additional Landscaping; Authorizing the City Manager to Apply For, Receive, and
Expend Funds, as Appropriate, Without Further Approval of this Commission; Providing
for an Effective Date.
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No. 2002-458 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,
Amending Resolution No. 2002-438 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2002, by Adding Special
City Commission Meetings on Thursday, September 5, 2002 and Thursday, September
26,2002, at 7:30 p.m., for Fiscal Year 2002/2003 Budget Hearings; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and reported.
Public Speakers: none
Commissioner Kauffman asked why these dates were selected and could an alternate date
be scheduled as they are in conflict with the League of Cities meetings. City Clerk
Brown-Morilla and City Manager Russo explained. Vice Mayor Iglesias said he
probably will not be here on September 26,2002 as he may be on vacation and out of the
country .
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2002-459 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,
Establishing the City of Sunny Isles Beach Proposed Ad Valorem Tax Millage Levy
Rate at 3.35 Mills per One Thousand ($1,000) Dollars of Taxable Assessed Value
Which is 41 % Greater than the "Rolled Back" Rate of 2.3 7 Mills, for Fiscal Year
2002/2003; Scheduling Special City Commission Meetings on Thursday, September 5,
2002 and Thursday, September 26, 2002, at 7:30 p.m., in the City Hall Commission
Chambers, 17070 Collins Avenue, Suite 250, for Fiscal Year 200212003 Budget
Hearings; Providing for an Effective Date.
Action: [City Clerk's note: Discussion regarding the Capital Improvements Program
Budget was held in a scheduled City Commission Workshop held at 6:30 p.m.] City
Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beaeh, Florida
Commissioner Edelcup moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2002-460 was adopted by a voice vote of5-0
in favor.
9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager, or His Designee, to Sign All Required Contracts,
Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the
City, and to Temporarily Renew Existing Contracts Which May Expire, for Forty-Five
(45) Days, from the Last Commission Meeting in July 2002, Until the First Regular
Commission Meeting in September 2002, Subject to After-the-Fact Ratification by the
City Commission at its First Regular Meeting on September 19, 2002; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No. 2002-461 was adopted by a voice vote of5-0
in favor.
91. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Requesting Co-Designation for Atlantic Avenue Within the City of Sunny Isles
Beach, to "Atlantic AvenuelAtlantic Isles"; Further Requesting Miami-Dade County to
Install Two (2) Overhead Traffic Signs Depicting this Dual Designation on the North and
Southbound Traffic Lights at Collins Avenue and Atlantic Avenue; Authorizing the City
Manager to Expend Funds in the Amount of $200.00 for the Cost oflnstallation of Said
Signs and to Do All Other Things Necessary to Effectuate the Intent of this Resolution;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-462 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,
Approving Conceptual Plans for the 1920d Street Beach Access Point as Prepared by
O'Leary Design Associates, P.A.; Providing the City Manager with the Authority to Do
All Things Necessary to Effectuate the Intent of this Resolution; Providing for an
Effective Date.
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
Action: City Clerk Brown-Morilla read the title and Bill O'Leary reported about his
proposed irrigation and landscape improvements. Mayor Samson asked if the plans
would include on the south end of the parcel to have a compact stone walkway.
Commissioner Kauffman asked if we could move the handicap parking spaces to be
relocated closer to the beach, City Manager Russo said yes. Commissioner Goodman
asked about the correct number of parking spaces, and City Manager Russo explained
that the diagram was a conceptual drawing.
Public Speakers: Bill O'Leary; Ellen Wynne
{City Clerk's note: Ellen Wynne submitted documents for the record) Ms. Wynne
asked where is the sign saying public beach access? She said that she had received a
letter from the County today designating the need for 50 feet access to the beach.
Mayor Samson noted that the beach access at the Aqualina site would be 25 feet wide.
He asked the City Manager to have Public Works Director Jim Watts meet with Ms.
Wynne to measure the exact width of the easement, and to put a sign saying "Public
Beach Parking Only." City Manager Russo said that they would look into it.
City Manager Russo said he had no disagreement with Ms. Wynne. He noted that the
beach renourishment that was just concluded involved having major equipment go
through that access area and it was opened to their required specifications. He said that
the Bill O'Leary landscaping plan will remain the same and nothing in the landscaping
will block the access. He offered to look at all the issues that were brought up: about the
parking lot, the handicap parking, the accessibility of getting material to the beach, and
the width of it. City Manager Russo said he would have research done regarding the
issue of having a sign installed that restricts the parking for beach-goers only. He asked
the City Attorney's Office to research our ability to do what the Mayor requested which
would limit it to Beach Parking Only, and have the legal authority to enforce it.
Commissioner Goodman said that the beach access has been a topic that has caused a
little difficulty over the years. He briefly reviewed the seven original beach accesses
from the original renourishment. He noted that historically the issues of "beach access,"
"park," and "easement," have created confusion regarding ownership and the obligation
to maintain them. He said that a typical problem was the beach access at Oceania which
at one time was grass, from Collins A venue all the way to the beach. He said that
Oceania later planted a couple of bushes near the beach and the bushes became
overgrown, hiding the beach access. He questioned why we were being asked to spend
money on 192nd Street, and at the same time Ellen Wynne is saying that she was
promised certain things for the 1 92nd Street access area.
He requested that the City look into all our beach accesses and find out what the
conditions are, who maintains them, and are they ADA accessible? He complained that
the beach access on the northern end of the Strand has been like a dirt road, ever since he
has lived here. He said he has not surveyed the rest ofthe accesses recently but for many
years before we were a City, he surveyed them with Walter Bresslour and Dade County
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
sent Jim Hoover; and that the County made many promises to us in reference to the beach
accesses.
City Manager Russo said that when he was hired, he studied each of the beach access
easements. He said there is a combination of private ownership, easements, County
control and City control. Every one of the situations that were discussed exists and he
has looked into every single one of them. He said he had looked into the law and that he
made a decision that the City will maintain every single one of them because you can
take the approach that when the City was formed, every word that said "County" now
becomes "City". He found that most of them were in deplorable condition. He said they
are not perfect today but we have made a thousand percent improvement from a year and
a half ago. He personally went out there and pulled out the easements, and he had Jorge
Vera look at every single one of them, and the City Attorney's Office. He made the
ultimate decision that the only way that these things are going to be kept up is if the City
does it. He said that the City bought a few tons of crushed shell and rolled it on a few of
them, and that we have paved one of them. He said we also addressed the handicap
accessibility issue and the answer is that not every single one of them has to be ADA
compliant as long as we have an access to the south, the middle, and one in the north that
is ADA compliant. Commissioner Goodman thanked City Manager Russo, and stated
that he supports Ellen Wynne's feeling in reference to 192nd Street.
Ellen Wynne asked that the City Commission delay the proposal. City Manager Russo
said he will meet with O'Leary to evaluate and incorporate many of the concerns and
proposals such as the parking and surface and come back with a revised proposal. The
item was deferred.
9K. 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
$21,876.00, from Forfeiture Funds, for the Purchase and Installation of Twin
Mercury Boat Engines, Including Parts and Labor; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Police ChiefMaas reported. Chief
Maas noted that the boat would become the City's property.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-463 was adopted by a voice vote of5-0 in favor.
9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Apply for, Receive and Expend Funds from a Bureau
of Justice Assistance, Local Law Enforcement Block Grant, in the Amount of
$23,838.00, With the City Providing Matching Funds in an Amount of $2,649.00,
Representing the Required 10% Match, for the Purchase of a Drive-On Docking System
and Accessories; Authorizing the City Manager to Apply For, Receive, and Expend
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
Funds, as Appropriate, Without Further Approval of this Commission; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and Police ChiefMaas reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2002-464 was adopted by a voice vote of5-0
in favor.
9M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Extending the Time Required for Applicants with Un-Expired Development Orders
to Proceed with Development Approvals Issued by the City Commission, Until the
Disposition of the Omnipoint Case, or the Adoption of the City's Land Development
Regulations; Providing the City Manager with the Authority to Do All Things Necessary
to Effectuate this Resolution; Providing for Repeal of Resolution No. 2002-448;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Deputy City Attorney Ottinot
reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2002-465 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,
Authorizing the City Manager to Apply For, Receive and Expend Funds from a Safe
Neighborhood Parks Bond Program Grant on Behalf of the City, in an Amount of
$19,318.05, with the City Providing Matching Funds in an Amount of $19,318.05,
Representing the Required 50% Match, for the Purchase and Installation of Shade
Covers for the Golden Shores Pocket Park and the Senator Gwen Margolis Park;
Authorizing the City Manager to Apply For, Receive, and Expend Funds, 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 reported.
Public Speakers: none
Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-466 was adopted by a voice vote of5-0 in favor.
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
90. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting, After-the-Fact, the Donation of a Flamingo Statue from Mayor David and
Marion Samson; 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 Mayor Samson reported that the
flamingo statue has been placed in the Gilbert Samson Oceanfront Memorial Park. He
also asked that the Manager put a light on it so people can see it at night.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2002-467 was adopted by a voice vote ofS-O in favor.
9P. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,
Florida, Accepting A Donation of Five Thousand Dollars ($5,000.00) 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's note: A handout was distributed during the meeting with an Add-
on of 9P] City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2002-468 was adopted by a voice vote of 5-0 in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
A. Vice Mayor Iglesias requested that the TDR ordinance be presented for first reading on
the agenda at the Regular City Commission Meeting in September, and the City Manager
said that could be done.
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
A. Manny Pine announced that the new Miss Florida, Carrie Mewha, is a resident of Sunny
Isles Beach. Mayor Samson asked if he knew where she lived. Cultural and Human
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Summary Minutes: Regular City Commission Meeting
July 18,2002
City of Sunny Isles Beach, Florida
Services Director Susan Simpson said that she had spoken with her to request that she
attend a City function.
13. ADJOURNMENT
Commissioner Edelcup moved and Vice Mayor Iglesias 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 8:54 p.m.
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