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HomeMy WebLinkAbout2002 0620 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, June 20, 2002, 7:30 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA A TTENTION 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 7:35 p.m., with the following officials present: Mayor David Samson Vice Mayor Danny Iglesias Commissioner Norman S. Ede1cup Commissioner Gerry Goodman Commissioner Lila Kauffman City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Commissioner Kauffman led the Pledge of Allegiance to the flag, and Richard Schulman gave an invocation. 3. APPRO V AL OF MINUTES 3A. Regular City Commission Meeting - May 14,2002. 3B. Special City Commission Meeting - May 21,2002. Action: Commissioner Kauffman moved and Commissioner Ede1cup 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 (Additions/Deletions/Amendments) 4A. Items 7 A and 9A regarding the Florida Retirement System. Action: Mayor Samson announced that this Ordinance has been withdrawn as well as Item 9 A. 4B. Scheduling City Commission Workshops. Action: Workshops for Planning and Land Development Regulations (LDR's) were scheduled for Monday, July 8, 2002 at 1:00 p.m. and on Thursday, July 25, 2002 at 1 :00 p.m. Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Police Employee of the Month for June, 2002 - Police Officer Rick Reffitt. Action: Sergeant Dwight Snyder introduced Police Officer Rick Reffitt as Police Employee of the Month for June 2002 and presented him with a certificate, and a check. 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 Designation of Custodian; Providing for Notice to the Administrator of the Florida Retirement System; Providing for an Effective Date. Action: Mayor Samson announced that this Ordinance has been withdrawn as well as Item 9 A. 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 33 of the City Code to Provide for Waiver of Any Nonconformities between Development Plans Approved Pursuant to Prior Resolutions and Development Criteria of the Code Applicable to Each Property Affected by Said Resolutions; Declaring that it is the Stated Legislative Policy of the City Commission to Waive Enforcement of Any Previously Adopted Land Development Regulations Which Conflict with Criteria Previously Approved at Public Hearing by the City Commission or Predecessor Boards of Miami-Dade County; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: Stanley Price and City Attomey Dannheisser each introduced letters into the record] City Clerk Brown-Morilla read the title. Vice Mayor Iglesias reported and expressed concern that as a result of the Omnipoint judicial decision, the developers holding zoning variance approvals have had the rules changed in the middle of the process. 2 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach. Florida Public Speakers: Steve Helfman, Esq.; Stanley Price, Esq.; Clifford Schulman, Esq.; Bill Lone; Cecile Sippin Steve Helfman, Esq. requested that for second reading of the Ordinance, the City Commission also hold a public hearing in their capacity as the Local Planning Agency (L.P.A.). City Clerk Brown-Morilla responded that since there had not been any notice of an L.P.A. first reading, and no first reading by the L.P.A., there was no point in holding an L.P.A. second reading public hearing. Mayor Samson asked if any other municipality has adopted the proposed ordinance, and Mr. Helfman said that several cities were reviewing the proposal, but he acknowledged that the first city to consider adoption was Sunny Isles Beach. Mayor Samson expressed concern about the potential for the City being embarrassed or sued and incurring unnecessary legal expenses. Mr. Price noted that the developers with Zoning approvals could not obtain financing due to the Omnipoint decision. He said he had requested that the City Commission consider tolling the time to obtain permits due to Omnipoint, but was told that the Administration did not support his request. Mr. Price objected that he hadn't been allowed to address the Commission on the issues he had raised in his letter to City Attorney Dannheisser dated May 17, 2002. [City Clerk's Note: A copy was submitted into the record.] Commissioner Kauffman expressed concern since City Attorney Dannheisser had said she did not believe the proposed ordinance is legally sufficient. Commissioner Kauffman stated that the Commission should rely on our Attorney's advice. She also said that she would rather not have the City be on the front line. Commissioner Edelcup noted that our City did not create this problem situation, rather it was as a result of the Omnipoint judicial decision, and the City can't overrule Judge Fletcher. Mr. Price said that although the City cannot overrule Judge Fletcher's decision, it can enact an amnesty ordinance. Commissioner Ede1cup noted that earlier Mr. Price brought up, as an alternative, a "tolling" until this issue was finally resolved; and that would be more acceptable to him. Commissioner Ede1cup asked which projects Bill Lone was referring to when he said that Omnipoint has stopped more than just the La Perla project. Mr. Helfman again asked the Commission to approve the ordinance on first reading with the understanding that prior to second reading they would attempt to obtain an adequate bond to hold the City harmless. City Attorney Dannheisser commented that she hadn't advised the City Commission to vote one-way or the other. She noted that she didn't believe that the proposed ordinance was curative and wouldn't accomplish its goal since it did not address Judge Fletcher's ruling that the zoning was unconstitutional, and that point needed to be corrected. Vice Mayor Iglesias moved the ordinance, but there was no second. 3 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida Mr. Price asked what steps the City was taking to correct the effect of Omnipoint to help La Perla. He asked for a motion for tolling of the vested rights ordinance. Commissioner Ede1cup made a motion to allow the tolling until there is a vested rights ordinance. Vice Mayor Iglesias again moved and then Mayor Samson seconded a motion to approve the proposed ordinance on first reading providing that for the second reading, there be included a full indemnification insurance bond for $1 million to protect the City from any legal expense. The motion failed by a roll call vote of 2-3. Vote: Commissioner Ede1cup no Commissioner Goodman no Commissioner Kauffman no Vice Mayor Iglesias yes Mayor Samson yes City Attorney Dannheisser then asked Mr. Price if he wanted a motion on tolling for his client, and he said yes. Commissioner Edelcup restated his motion and Commissioner Kauffman seconded a motion to allow tolling of the two-year period beginning March 8, 2002, until such time as the Omnipoint decision is finalized or corrective legislation is enacted by the City, whichever is sooner (Commissioner Goodman asked for clarification. See Mr. Price's explanation). [City Clerk's Note: City Clerk Brown-Morilla asked the Commission if they would agree to have staff create a Resolution to memorialize the vote, and they agreed.] Resolution No. 2002-448 was adopted by a voice vote of 5-0 in favor. 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance 98-44 of the City of Sunny Isles Beach and Further Amending Section 2-11.1(s) of the Code of Ethics of Miami-Dade County, to Require All Lobbyists, as Defined by the Code of the City of Sunny Isles Beach, to Register with the City Clerk Prior to Lobbying Any City Personnel, Which Definition is Amended and Restated to Include the Mayor and City Commissioners, All City Employees, and City Board or City Committee Members; Requiring Written Disclosure of All Persons or Entities the Lobbyist is Representing, Including a Letter of Permission Signed by Said Person, Principal or Entity, Stating that the Lobbyist is Authorized to Represent Said Principal, as Well as the Terms and Amounts of Compensation or Consideration for Such Lobbying Activity(ies); Providing for Disclosure in Writing of All Government Officials Directly or Indirectly Contacted by Such Lobbyist, Any Expenditures Involved in Such Contact, Any Fundraising or Campaign Contributions Made by the Lobbyist to Any Government Official; Providing for Fines for Late Filing; Providing for Disclosure of Changed Circumstances; Directing the City Clerk to Publish Lobbyist Registration Logs to the City Commission Prior to Every City Commission Meeting; Providing for the Miami-Dade Commission on Ethics and Public Trust to Hear Appeals, and Conduct Investigations; Providing for Penalties for Violation; Providing for All City Personnel to 4 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida Ascertain Whether Persons Required to Register as a Lobbyist Have Complied; Providing for Validity of Action; Providing for a Repeal of Conflicting Provisions; Providing for Severability and an Effective Date. Action: [City Clerk's Note: The proposed ordinance was verbally amended during the meeting] City Clerk Brown-Morilla read the title and Commissioner Ede1cup reported. Public Speakers: Susan Fried Two amendments were read into the record by Commissioner Ede1cup to include the following: 1) Page 2 of the Ordinance, Section 1, the last paragraph that is in bold, and add to it "At such time as the Miami-Dade County Commission exempts lawyers in a quasi iudicial proceeding from the definition of lobbyist, this ordinance shall automatically without further action of this Commission, be amended to exclude the same." 2) In Section 2, third sentence from the bottom where we are asking for".. . compensation or consideration to be paid by each principal to the lobbyist." Add the following language.. .except as otherwise prohibited by law." Vice Mayor Iglesias objected to page 2 of the ordinance and page 4 regarding campaign contributions from lobbyist. Commissioner Kauffman noted that City Commissioners annually file a financial disclosure report. She expressed the opinion that the County should act on their lobbyist proposal first and litigate if challenged. She didn't believe it is appropriate to ask for the disclosure of the compensation by the lobbyist. City Clerk Brown-Morilla distributed copies of the City's Lobbyist Log and directed the City Commission's attention to the column showing the date of registration and also to the column titled fees paid, where they would note the large number of individuals who have refused to comply with the registration law currently in effect. He also noted that of all the many individuals listed on the registration log, almost all ofthem were individuals that had spoken publicly at a City Commission meeting and so he had handed them a registration form during the meeting and made note of their obligation to register. He reminded the City Commission that the existing ordinance requires City staff to be diligent to determine if a person has complied with the legal requirement of registering and paying the lobbyist registration fee. [City Clerk's Note: see section 2-11. 1 (9)(s)] There was discussion about why the City Clerk did not prevent Lobbyists from speaking if their fees are unpaid, and he explained the concerns. Commissioner Edelcup deferred the proposal until after Miami-Dade County 5 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida approves their ordinance on second reading on September 12, 2002. 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2001-118 Entitled Shopping Cart Regulations; Providing for a New Procedure for Handling Identifiable Shopping Carts on the Right-of-Way; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. (First Reading 5/14/02) Action: City Clerk Brown-Morilla read the title, and Code Enforcement and Licensing Director Christopher Steers reported. Public Speakers: Christopher Steers; Jim Blanchard, Manager of Publix; Cecile Sippin; Roslyn Brezin Commissioner Kauffman, Commissioner Goodman and Mayor Samson asked many questions, and Chris Steers and Jim Blanchard responded. Commissioner Kauffman moved and Commissioner Ede1cup seconded a motion to adopt the ordinance. Ordinance No. 2002-156 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Ede1cup Commissioner Goodman Commissioner Kauffman Vice Mayor Iglesias Mayor Samson yes yes yes yes yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the Code of Ethics Ordinance No. 2002-149, to Include a Prohibition Against Interests in Conflict with Official Duties Provision, Including Unwarranted Privileges Unless Disclosure is First Made; Providing for Dissemination of Such Disclosure by City Clerk; Providing for Disciplinary Action: Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 5/14/02) Action: City Clerk Brown-Morilla read the title. Public Speakers: none 6 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida Commissioner Kauffman moved and Commissioner Ede1cup seconded a motion to adopt the ordinance. Ordinance No. 2002-157 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 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's Note: See agenda item 4A. The item was withdrawn] 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Miller, Legg and Associates, Attached Hereto as Exhibit "A" in Accordance with Resolution No. 2001-360, for the Preparation of Design Specifications and Construction Administration of a GazebolRestroom Building for the Senator Gwen Margolis Park, and of a Lifeguard Stand for the Gilbert Samson Memorial Oceanfront Park; Authorizing the Mayor to Execute the Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. (Deferred from 5/14/02) Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Mayor Samson had questions regarding pictures that were distributed at the meeting showing samples of prefabricated structures. Mayor Samson suggested having a public bidding process. Mayor Samson passed the gavel and moved and Commissioner Ede1cup seconded a motion to defer this item. Deferral was approved by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida City Manager Russo asked for an alternate motion that in the interim he be able to negotiate a rental of a brand new prefabricated lifeguard station from the City of Hollywood, $500 per month, the City has to pay for the delivery, and that Hollywood would rent it to us as long as it is needed. Commissioner Kauffman moved and Commissioner Ede1cup seconded a motion to rent a lifeguard station from Hollywood. The motion was approved by a voice vote of 5- o in favor 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Incorporating Recitals; Awarding Bid No. 02-04-01 to Pios & Sons Enterprises, Inc., for the Atlantic Boulevard Parking and Sidewalk Project, in an Amount of $186,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Mayor Samson passed the gavel and moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-449 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, Providing Conceptual Approval of a Program for the City Commission to Consider Accepting Future Donations of Specific Architectural Artifacts for Public Display; Providing that the City Commission Shall Recommend Procedural Guidelines for Having a Committee to Review and Recommend Acceptance of Any Specific Architectural Artifacts; and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Herb Abramson, Chairman of the Sunny Isles Beach Civic, Cultural and Beautification Trust, Inc. (the Trust), reported. Public Speakers: Herb Abramson; Phillip Chernoff Mr. Abramson said that the Trust recommended Bob Caplan to suggest where artifacts should be placed. There was considerable discussion regarding the process. The consensus was for the Trust to make offers and recommend where to place the artifacts. The City Commission will then decide if they want to accept the donation, and, if so, then the City Commission will decide where to place the artifacts. 8 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-450 was adopted by a voice vote of 4-1 in favor (Mayor Samson opposed). 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Submit Two Projects (Traffic and Pedestrian Calming on Sunny Isles Boulevard [SR 826] Project, and the Central Island Drainage and Paving Project), to the Metropolitan Planning Organization (MPO) to Obtain Funding; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Public Speakers: none Mayor Samson passed the gavel and moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2002-451 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, Approving an Agreement with Superior Park Systems, Inc., for the Purchase and Installation of Shade Covers for the Golden Shores Pocket Park and the Senator Gwen Margolis Park, in a Amount of $38,636.10, Attached as Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: photographs were distributed.] City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: Susan Simpson, Cultural and Human Services Director; Mike Rosso Commissioner Goodman asked how the structures are anchored and what materials they are made of. In response to his question, Mike Rosso explained that the structures are only for shade, not as rain shelters. Commissioner Goodman asked about placing one in our Oceanfront Park. Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-452 was adopted by a voice vote of 3-2 in favor (Commissioner EdeIcup and Mayor Samson). 9 Summary Minutes: Regular City Commission Meeting June 20, 2002 City of Sunny Isles Beach, Florida 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Requesting Permission from Miami-Dade County for Use of a Small Portion of the Right-of-Way at the Northern Edge of Haulover Park for Placement of a City Entrance Sign; Directing the City Clerk to Transmit this Resolution to Miami-Dade County for Approval by the County Commission; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Mayor Samson offered to hand deliver the Resolution to the County after adoption. Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-453 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion regarding New Advertisement Rates in The Miami Herald. Action: City Clerk Brown-Morilla reported, and Mayor Samson gave direction to the City Clerk to continue to handle the public noticing as he deemed best for the City and what is legally required. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Jordan Harding asked the City if they would put a shower at the beach access point at the southern end of the City (around 160th Street). City Manager Russo said he would follow up and get another shower installed similar to the one at the northern end (192nd Street) that had been installed. Mayor Samson asked for patience in resolving this request since there are about 18 beach access easements and the cost can be prohibitive at this time. 10 Summary Minutes: Regular City Commission Meeting 13. ADJOURNMENT June 20, 2002 City of Sunny Isles Beach, Florida Commissioner Kauffman 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 10:58 p.m. Re~R9~tfully submitted by: 1 ,l .. \,... . {j ..~:: :,~~~ ~t1~'lr1 L/" .. t' J{jchafd':$rQwn~Mori1la, City Clerk ~ -',1t..~, '\ - '.l < fIt I . ~-.:. . .- ....., 4 ,. (.J J "..., ~. I J"'....- '-~ ~ II, l /7, .... , ,t'. .) It .. ,...... .~,)-....> ~ ...,.;.. 11