HomeMy WebLinkAbout2001-1213 Regular City Commission Meeting
SUMMARY MINUTES
Thursday, December 13, 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 7:03 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 Attorney Lynn M. Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Vice Mayor Iglesias led the Pledge of Allegiance to the flag and Richard
Schulman gave the invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - November 13, 2001.
3B. Special City Commission Meeting - November 15, 2001.
Action: Commissioner Kauffman 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/REVISIONS (AdditionslDeletions/Amendments)
4A. Request for Revisions and to Hear Items Out of Order.
Actio,,: Mayor Samson noted there had been a hand-out of revisions to agenda item
8A, the Certificates of Use Ordinance; and FDOT had requested a revision to agenda
item 9H, the new title ofthe Community Traffic Safety Team Advisory Committee; and
to hear agenda Item 9B before Item SA. (Employee Dental, Life, L TD, and Vision)
Regular City Commission Meeting Summary Minutes December 13,2001
City of Sunny Isles Beach, Florida
Action: Commissioner Kauffinan moved and Vice Mayor Iglesias seconded a motion to
approve the above-mentioned changes to the agenda. The motion was approved by
a voice vote of 5-0 in favor.
Mayor Samson read an introductory statement regarding decorum.
5. SPECIAL PRESENTATIONS
SA. Police Officers of the Month for December, 2001 - Officers Rey Zamora and Ruben
Zamora.
Action: Police Chief Fred Maas introduced Officer Rey Zamora and his son Officer
Ruben Zamora. ChiefMaas then read his report designating Officers Rey Zamora and
Ruben Zamora as Police Employees of the Month for December 2001. He noted that
these outstanding members of our Police Department were also honored by the Miami-
Dade County Chiefs of Police Association as Officers of the Month. He gave each a
certificate. Steve Lesnick, Co-Chairman ofthe private Public Safety Committee, gave
each a check.
6. ZONING
ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. Please be advised that the following
items on the Commission Agenda are Quasi-Judicial in nature. If you wish to object or comment upon these items,
please complete a Public Speaker's Card indicating the agenda item number on which you would like to comment.
You must be sworn before addressing the Commission and you may be subject to cross-examination. If you refuse
to submit to cross-examination, the Commission will not consider your comments in its final deliberation. Please
also disclose any Ex-Parte communications you may have had with any Commission member. Commission
members must also do the same pursuant to Ordinance No. 97-4.
6A. Request of Gene Mirvis, Owner of the Property Located at 19464 - 39th Avenue for
the Following:
[Hearing #Z2001-07] (Continued from 11/15/01)
1. Modification of Condition 2 of Resolution Z-120-94 passed and adopted by the
Miami Dade County Commission on the 14th day of July, 1994, only as it applies
to the subject property and reading as follows:
From 2: That in the approval of the plan, the same be substantially in accordance
with that submitted for hearing consisting of eleven sheets, sheet one
entitled "Site Plan", as prepared by Robayna and Associates, Inc., and
dated 3- 7 -94, second sheet entitled "Site Plan", as prepared by Robayna &
Associates, and last dated 4-26-94, third sheet entitled "Guard House,
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Perimeter Wall", dated 4-28-94, fourth sheet entitled "Model B Footprint",
dated 5-18-94, fifth sheet entitled "Model A Footprint", dated 5-18-94,
sixth sheet "Model A Elevation", dated 5-18-94, seventh sheet entitled
"Model B Floor Plan Guest & Loft", dated 5-27-94, eighth sheet entitled
"Model B Guest Suite Elevation", dated 6-1-94, ninth sheet entitled
"Model B4 Elevations", dated 5-18-94, tenth sheet entitled "Model C
Footprint", dated 5-19-94, and eleventh sheet entitled "Model C 4
Bedroom Elevation", dated 5-18-94, as prepared by Angles Esteban
Assoc., Inc., except as herein modified as it pertains to the variance related
construction. Any future addition on the property, which conform to
Zoning Code requirements, will not require further public hearing action.
To: That in the approval ofthe plan, the same be substantially in accordance
with that submitted for hearing entitled" Survey", prepared by Robayna
and Associates dated 2-7 -96 and plans entitled "Site Plan and Floor Plan",
prepared by the applicant dated stamp received 9-16-01.
The purpose of this request is to allow the applicant to modify the previously
approved plan to show an addition to an existing single-family residence.
2. Special Exception and Unusual Use to permit a two-room addition not
interconnected to an existing single-family residence and having a separate ingress
and egress from the principal residence.
Protests 0
Waivers
o
Ex-Parte
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Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location
and administered the oath to the witnesses for the Zoning hearing. He asked ifthere were
any ex-parte disclosures, and each member of the Commission disclosed that they had
conversations with Ada Valiente Garcia. City Attorney Dannheisser read a disclaimer for
the Zoning hearing.
Public Speakers: Gene Mirvis; Planning Director Jorge Vera; Ada Valiente Garcia;
Building Official Clayton Parker; Code Enforcement and Licensing Director Christopher
Steers
Mr. Mirvis said he had made no changes to the requested application. Mr. Vera read his
report recommending approval. Ms. Valiente Garcia entered into the record a composite
exhibit of photos of the property.
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion for
approval of the request with the staff conditions, specifically noting that the property
must remain a single family home. The motion was approved as Resolution No. 01-
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Z-64, by a roll call vote of 3-2 in favor.
Vote: Commissioner Edelcup no
Commissioner Goodman yes
Commissioner Kauffinan yes
Vice Mayor Iglesias yes
Mayor Samson no
6B. Request ofthe City of Sunny Isles Beach, regarding the Property Located at 16275
Collins Avenue for the Following:
[Hearing #Z2001-10]
1. City of Sunny Isles Beach is applying for a Reformation of Resolution 00-Z-48
passed and adopted by the City Commission of the Sunny Isles Beach on the 18th
of May, 2000, to correct a technical error in the legal description of the property
known as the Mandalay, reading as follows:
From:
Lots 95 and 96 and riparian thereto, of Tatum's Ocean Beach Park,
according to the plat thereof, recorded in Plat Book 50 Page 76.
To:
The North 59 ft. of Lot 95 and the South 41 ft. of Lot 96, of Tatum's
Ocean Beach Park, according to the plat thereof, recorded in Plat Book
5 Page 35, all lying East of State Rd AIA (AKA Collins Avenue).
Protests 0
Waivers
o
Ex -Parte
o
Action: 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 Attorney
Dannheisser read a disclaimer for the Zoning hearing. City Clerk Brown-Morilla asked if
there were any ex-parte disclosures, and there were none.
Public Speakers: Planning Director Jorge Vera; Stanley Price, Esq.
Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion for
approval ofthe request with conditions. The motion was approved as Resolution No.
01-Z-65, by a roll call vote of 5-0 in favor.
V ote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
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7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Providing for Intent; Amending Ordinance No. 99-82; Opting Out ofthe Requirements
of Section 2-11.1(T) ofthe Code of Miami-Dade County, Commonly Known as the
Cone of Silence Provision, So That it No Longer Applies to the City of Sunny Isles
Beach; Providing for Severability; Providing for Repealer; Providing for Notice to
Miami-Dade Commission of Ethics; Providing for Inclusion in the Code; Providing for
an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Kauffinan moved and Commissioner Goodman 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, January 17,2002, at 7:30 p.m.
V ote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffinan yes
Vice Mayor Iglesias yes
Mayor Samson yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending the Code of Ethics to Include a Provision Requiring that All Disclosures
of Information Presented by Parties in Interest Making Such Representations or
Requests to the City Commission or City Staffbe True and Accurate and Represent
Complete and Full Disclosure, Including Any Additional Information Required, Unless
Good Cause is Shown Why Such Disclosure Was Not Made; Providing that Upon a
Finding by the City Commission that this Ordinance was Violated, Any Action Taken
with Respect to the Matter, Whether Administratively or by Action of the City
Commission, is Rendered Voidable Regardless of the Time Within Which Such
Discovery is Made; Providing for Inclusion ofthis Ordinance in the City's Future Land
Development Regulations; Providing for Severability; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read
from her report.
Public Speakers: none
Commissioner Kauffinan moved and Commissioner Edelcup seconded a motion to
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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, January 17,2002, at 7:30 p.m.
V ote: Commissioner Edelcup yes
Commissioner Goodman ves
Commissioner Kauffman yes
Vice MayorIglesias 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,
Repealing Ordinance No. 2001-128, and Amending Ordinance No. 2000-103 Entitled
"Certificates of Use", Amending Definitions; Providing for Application Procedures;
Providing for an Origination Fee of $80; Providing for a $35 Annual Renewal Fee;
Providing for Specific Grounds for Denial; Providing for Duties ofthe Building Director,
Zoning and Planning Director, and Code Enforcement and Licensing Department
Director; Providing for Approval of Business Location; Providing for Procedures
Pursuant to Which a Certificate of Use is Revoked; Providing for Right of Inspection;
Providing Penalties for Violations; Providing for Severability; Providing for Inclusion in
the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective
Date.
(First Reading 11/13/01)
Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing
Director Christopher Steers reported that some minor changes were made to the proposed
ordinance.
Public Speakers: none
Commissioner Goodman moved and Commissioner Kauffman seconded a motion to
approve the ordinance, as amended. Ordinance No. 2001-145 was adopted by a roll
call vote of 5-0 in favor.
V ote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Ordinance No. 98-24, Establishing Standards and Requirements for
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Newsracks Located on the Public Rights-of-Way; Providing for Purpose; Providing
for Definitions; Providing for Location and Placement of Newsracks; Providing for
Standards for Installation, Maintenance and Appearance of Newsracks by the City;
Providing for Permit and Conditions for Permit; Providing for Allocation of News rack;
Providing for Revocation of Permits; Providing for Appeal; Providing for Administrative
Fees; Determining Newsrack Abandonment; Providing for Indemnification; Providing
for Repeal of Conflicting Provisions; Providing for Severability; Providing for Inclusion
of the Code and an Effective Date.
(First Reading 11/13/01)
Action: City Clerk Brown-Morilla read the title. City Attorney Dannheisser reported
that copies ofthe proposal had been mailed to the various publishers, and that an attorney
from the Miami Herald requested two minor changes: one was to correct a scrivener's
spelling error on page two (2), paragraph 3, "decimation"; and an amendment to the
definition of "newsrack" on page four (4) of the ordinance, to include after the words
"advertising circulars", "including commercial racks and modularnewsracks", which are
already defined in the ordinance. She said that she had agreed to the requested changes.
Public Speakers: none
Commissioner Kauffman asked when the approved ordinance would change the
unattractive proliferation of newsracks, and when would we start enforcement requiring
the color-coded newsracks. City Attorney Dannheisser said that this ordinance would
become effective 120 days after second reading. City Manager Russo said there is no
funding for this currently, and that it would be funded a couple of years in the future by a
Special Assessment District. He said we might install one or two newsracks, perhaps in
front of the Rascal House, and see what they look like.
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to
approve the ordinance. Ordinance No. 2001-146 was adopted by a roll call vote of
5-0 in favor.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving in Concept, Items Set Forth in the Letter Agreement, Dated December 4,2001,
Attached Hereto as Exhibit "A", by and between Spillis Candela & Partners, Inc., as
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the Architect Firm Retained for the Design ofthe New Government Center Facility
Located at 18050 Collins Avenue in the City of Sunny Isles Beach, Subject to Certain
Revisions as Specified in this Resolution; Authorizing the City Manager, City Attorney
and Spillis Candela & Partners to Negotiate a Final Contract, to be Returned to the City
Commission for Approval Which, When Competed, Will at a Minimum Reflect
Substantially the Same Business Terms Set Forth in Exhibit "A" as Amended Herein;
Providing for an Effective Date.
Actio,,: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: Cecile Sippin
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2001-398 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,
Incorporating Recitals; Awarding Request for Proposals Bid No. 01-10-01 to Jefferson
Pilot Life Insurance Company for the City of Sunny Isles Beach Employees Group
Dental, Life and Long Term Disability, as Detailed in the Policies Attached Hereto as
Exhibit "A"; and to Eye Med for Vision Insurance, Option 2, as Detailed in the Policy
Attached Hereto as Exhibit "B"; Authorizing the City Manager 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 Kauffman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2001-399 was adopted by a voice vote of5-0
in favor.
9C. Public Hearing
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Amending the Permit Agreement by and between the City of Sunny Isles Beach and
the Newport Operating Management Corp., D/B/A Newport Beachside Resort, its
Successors or Assigns ("Permittee"), Dated November 2, 1999, Approved by Resolution
99-171; Providing for Incorporation of Recitals; Providing for Approval of Changes in
Originally Approved Specifications and Permittee's Obligations; Providing for an
Effective Date.
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Action: City Clerk Brown-Morilla read the title, City Attorney Dannheisser reported on
the 99-year permit agreement, and then Mayor Samson opened the public hearing.
Public Speakers: Stanley Price, Esq.; Dr. Robert Cornfeld
Mr. Price noted that if approved, the agreement would result in a total revamping and
beautification of Pier Park, whereby the Newport will be expending in access of$500,000.
Some of the features of the Park will be benches, walkways that are being provided on
both sides, pavers, enhanced landscaping, and 24 parking spaces, which presently take up
a portion of the Park, would be moved inside the parking garage. Under the prior
arrangement with the City, the City had proposed that service vehicles, such as garbage
trucks and delivery trucks, would enter and exit through the park easement area, but under
the new proposed plan, all service vehicles would enter and exit through a separate
entrance, not through the park area.
Mayor Samson requested that the words "no trucks or trailers" be put in the permit. He
asked who is going to maintain this from the street to the sand and City Attorney
Dannheisser stated that the permittee would maintain it. Dr. Cornfeld stated that Newport
Resort maintains it and would continue to maintain the Park for 99 years.
Mayor Samson passed the gavel and moved, and Commissioner Kauffinan seconded, a
motion to approve the resolution, as amended at the meeting, that all service vehicles
have a separate service entrance. Resolution No. 2001-400 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 Rachlin Cohen & Holtz for Professional Auditing
Services, Attached Hereto as Exhibit "A", in the Amounts of $24,500 for Fiscal Year
2001; $26,000 for Fiscal Year 2002; and $27,500 for Fiscal Year 2003; Authorizing the
City Manager to Negotiate and Execute the Agreement Attached as Exhibit "A";
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Kauffinan moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2001-401 was adopted by a voice vote of5-0
in favor.
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9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Request for Additional Compensation in the Amount of$9,500 Under the
Contract between the City of Sunny Isles Beach and Luft Consulting, Inc., for
Professional Services in Connection with the Preparation of the Land Development
Regulations; 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 reported.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Edelcup seconded a motion to approve
the resolution. Resolution No. 2001-402 was adopted by a voice vote of 5-0 in favor.
9F. (i) A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Make Application for the State of Florida Highway
Beautification Grant on Behalf ofthe City in the Amount of$123,604 with Matching
Funds from the City Based on Conceptual Plans Provided by O'Leary Design Associates,
P.A., Attached as Exhibit "A"; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title of each Resolution and City Manager
Russo reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Kauffinan seconded a motion to
approve the resolution. Resolution No. 2001-403 was adopted by a voice vote of5-0
in favor.
(ii) A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Apply for, Receive and Accept by Execution of, a
Highway Landscaping Maintenance Memorandum of Agreement with the Florida
Department of Transportation; Directing the City Clerk to Transmit Certified Copies
ofthis Resolution to the Florida Department of Transportation and All Other Persons as
Directed by the Mayor and City Commission; Providing for an Effective Date.
Action: Commissioner Goodman moved and Commissioner Kauffman seconded a
motion to approve the resolution. Resolution No. 2001-404 was adopted by a voice
vote of 5-0 in favor.
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9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Reappointing Judge Marshall Ader (Retired), Judge Robert Newman (Retired) and
Darcee Siegel as Special Masters, for a Period of One Year, in Accordance with
Ordinance No. 2001-141; 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. 2001-405 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,
Amending Resolution No. 2001-383; Renaming the Community Traffic Safety Team
Advisory Committee to Community Traffic Safety Team and American Disabilities
Act "AD}-.." Advisory Committee; Providing for Additional Responsibilities; Providing
for Additional Members and Its Purpose; Providing for Appointment of Members, Terms
and Specific Advisory Capacity; Providing for Removal and Vacancies; Providing for
Powers and Duties; Providing for an Effective Date. * [City Clerk's note: the Committee
title was changed at the meeting at the request of FDOT]
Action: City Clerk Brown-Morilla read the revised title* and City Manager Russo
reported.
Public Speakers: none
Commissioner Kauffman asked about available ADA funding and ifthe City would get
monies from the handicapped parking permit fees. Mayor Samson advised that since the
City's incorporation, although Police officers were issuing tickets for illegal handicapped
parking within our City, the City had never received any of the fines, which had gone to
the County. Mayor Samson noted that he had contested this situation. He explained that
eventually the City entered into an Interlocal Agreement with Miami-Dade County that
required the City to create an ADA advisory committee. We then would be qualified to
receive the money from fines to be used for the handicapped accessibility expenses.
Mayor Samson expressed the hope that funding might be retroactive from the beginning
of our incorporation. He suggested we are going to repair the sidewalks and streets, and
insert ramps where needed, for compliance with the ADA.
Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-406 was adopted by a voice vote of5-0 in favor.
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Mayor Samson then appointed Lila Sterling and Gene Sweed as the two additional
committee members, and the City Commission agreed.
91. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Selecting
Sunny Isles Dry Cleaners, Inc. to Provide Dry Cleaning Services for the Police
Department in an Amount Not to Exceed $13,500; Authorizing the Chief of Police to
Expend Said Amount from Police Department Budgeted Funds; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Sergeant Michael Grandinetti
reported.
Public Speakers: none
Commissioner Kauffinan moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-407 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,
Authorizing the Mayor to Apply for, Receive and Expend Funds from the Florida
Department of Law Enforcement, Local Block Grant, in the Amount of $10,000 in
Local Grant Funds With a City Cash Match of$1 ,588.95; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Sergeant Michael Grandinetti
summarized.
Public Speakers: none
Commissioner Kauffinan moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No. 2001-408 was adopted by a voice vote of 5-0
in favor.
9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Resolution No. 2001-379 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2001, by Scheduling a
Special City Commission Meeting on Thursday, December 20, 2001; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and reported. Commissioner Kauffinan
asked exactly what it was about because she would be unable to attend. The topic is to
consider first reading of an ordinance amending the Comprehensive Plan regarding the
sale of transferable development rights.
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Public Speakers: none
Commissioner Ede1cup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No. 2001-409 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,
Amending Resolution No. 2001-380 Establishing a Schedule for City Commission
Meetings for the Calendar Year 2002, by Scheduling a Special City Commission
Meeting on Tuesday, January 29, 2002; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported that the
meeting was to consider an award of a bid for the Golden Shores Drainage and Pavement
Improvement Project.
Public Speakers: none
Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-410 was adopted by a voice vote of 5-0 in favor.
City Manager Russo asked for two workshops to be scheduled on Thursday,
January 10,2002: at 2:00 p.m., for "pending agenda items," and with the second
workshop at 7:00 p.m. for discussion on the redevelopment of Sunny Isles
Boulevard. The City Commission concurred in the request to schedule the
workshops.
10. MOTIONS
None
11. DISCUSSION ITEMS
llA. Discussion regarding a Request from Stanley Price, Esq., to Vacate a Portion of the
Right-of-Way Along Atlantic Boulevard and 175th Terrace, in Favor of his Client
[City Clerk's note: J. Milton].
Action: City Clerk Richard Brown-Morilla read the title. City Manager Russo reported.
Public Speakers: Stanley Price, Esq.; William Lone; Cecile Sippin; Gene Sweed; Phillip
Chernoff
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Mr. Price said that his client realized that the property had an unusual feature. He
asserted that unlike what might generally happen when a municipality builds a sidewalk,
they build it at the edge of the right-of-way line. He said that on this particular corner
property, the County built the sidewalk within the right-of-way line. He stated that there
is also a drainage problem on this corner, which has not been addressed by anyone to
date.
Mr. Price stated that his client wishes to have the right-of-way vacated subject to several
conditions and they have met with several members ofthe Commission regarding these
conditions. He said they 1) had submitted a Declaration of Restrictive Covenants to the
City that precludes any construction of any building within the right-of-way be vacated;
2) they had agreed that in the event that they do not obtain site plan approval for this
property within 24 months, the vacation would go back to the City; and 3) they had been
asked that in the event that they sell the property prior to construction, then the right-of-
way would also revert back to the City.
Mr. Price also said Bill Lone had approached his client several months before in regard to
his efforts to beautify Atlantic Boulevard. Mr. Price said that his client had been asked as
a potential purchaser, whether they would cooperate with that program.
Mayor Samson reported that the City had just received written notice from the Miami-
Dade County School Board of Education that they may be interested in purchasing the
site to build a school.
Vice Mayor Iglesias questioned the City's future maintenance and liability of the area.
Mr. Price stated that they accept and are required to maintain it and pay taxes on it. Vice
Mayor Iglesias asked who would be liable ifthe request was approved and later a person
was hurt in a trip and fall. Mr. Price said yes his client would take the responsibility.
Commissioner Goodman questioned Mr. Price regarding the Board of Education's notice
of their interest in purchasing the site. He asked ifMr. Price would wait until after the
School Board decides if they want the site. Mr. Price responded that his client wants to
go on with the request for vacating the right-of-way, but offered not to proceed with a
Zoning application until the expiration date that is stated in the letter from the Board of
Education.
City Attorney Dannheisser noted that ifthe City Commission wanted to have this happen,
the City would first have to go through the notice and formal procedures to vacate.
Commissioner Kauffinan and Commissioner Edelcup questioned the timing of the
request coming before the Commission since they had not seen a site plan yet or Zoning
application.
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Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion directing
the staff and the City Attorney to look into the various aspects of vacating the
property. The motion was approved by a voice vote of 5-0 in favor.
lIB. Report from the Fashion, Film, Entertainment and Production Council, presented by
Chairperson Connie Morrow regarding:
1) A proposal to co-sponsor a series of monthly networking, business card exchanges,
and socializing events for the film and video production industry at various locations
in the City; and
2) A proposal to coordinate a Family Fashion Show featuring clothing from our City's
stores.
Action: City Clerk Richard Brown-Morilla read the title and Connie Morrow,
Chairperson of the Fashion, Film, Entertainment and Production Council, reported.
Commissioner Edelcup expressed support for the ideas, and there was no opposition.
11 C. Add-on:
Mayor Samson asked Vice Mayor Iglesias to do everything possible to expend more
efforts in the revitalization and redevelopment of Sunny Isles Boulevard and to report
back to the City Commission at the next meeting. Mayor Samson stated that he hoped to
revitalize the Boulevard in the very near future.
11D. Add-on:
Mayor Samson announced that official dedication ofthe "Senator Gwen Margolis Park"
would occur on Sunday, December 16,2001, from 11 :00 a.m. to 4:00 p.m. He invited all
City residents to enjoy the special events ofthe day.
UE. Add-on:
Commissioner Kauffinan reported on attending the most recent Miami-Dade League of
Cities meeting. She said they are spending a lot of money for touch-screen voting
systems, and that there will be a demonstration in every city. She noted that the new
voting system would include three languages on the screen, and that if a voter makes a
mistake or has a change of mind, it will be possible for them to correct it on the screen.
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
15
Regular City Commission Meeting Summary Minutes December 13,2001
City of Sunny Isles Beach, Florida
13. ADJOURNMENT
Commissioner Kauffman moved and Commissioner Goodman 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 9:25 p.m.
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.Jtesp'eetfU!ly submitted by:
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16