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HomeMy WebLinkAbout2004 0520 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, May 20, 2004, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT TIlE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:40 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCEIINVOCA TION Action: Commissioner Iglesias led the Pledge of Allegiance to the flag. Mary Ann Eicke gave an invocation. Mayor Ede1cup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - May 6, 2004. Action: Commissioner Thaler moved and Vice Mayor Goodman 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 Items. Action: Cliff Schulman, Esq., requested to hear item 8A (Sayan) out of order, which is to be deferred to June 3, 2004. Mayor Edelcup objected to deferring the Ordinance again because it has been deferred twice before and there is nothing new to be added. Mr. Schulman said that they met with staff last week and at that time the appraiser for the City was given certain information and he indicated that he would not have the Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida opportunity to evaluate that information in time and the item was taken out of the agenda packet showing that the item is being deferred. He said he was told by City Manager Russo that there is a supplemental report that was faxed to his client which his client has not yet received since he has been out in the field, and he cannot address this agenda item because he has not seen the new report. Mayor Edelcup said that the item has been in the agenda packet for the last two months, and based on the information furnished today, it is not anything new that wasn't there before, and he understands their position but feels there is nothing new that came out of today's report. Mr. Schulman stated that he has not seen the information and requested time for him and his client to review the appraiser's final conclusions and determine whether or not they are valid. Mayor Edelcup said that the City is ready to move forward on this item. Vice Mayor Goodman asked Mr. Schulman what the problem is, and Mr. Schulman said that the first figure that was agreed upon between his client and the City is different than the figures that are before the Commission tonight by a substantial amount. Vice Mayor Goodman said that the Commission approved this development in July 2003, and it is already May, and the City came up with an appraisal and thought when they approved it, that it was finished. Mr. Schulman said that they would compromise and agree to go forward with this if it can be taken out of order, and approved, and that they have no objection as it presently stands. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to hear the item out of order. The motion was approved by a voice vote of 5-0 in favor. (City Clerk's Note: See action under Item 8A) 5. SPECIAL PRESENT A TIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for Amendment of the City Charter by Amending Section 2.5 "Vacancies; Forfeiture of Office; Filling of Vacancies" by Amending Subsection (c) "Filling of V acancies" to Revise Procedure for Filling Vacancy in Office of Mayor and Commission Members; Amending Section 2.6 "Compensation; Reimbursement for Expenses" to Provide for Compensation for the Mayor and City Commissioners; Amending Section 5.1 "Elections" to Revise Date of General Election for Mayor and City Commissioners; 2 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida Amending Section 2.3 "Election and Term of Office" to Revise Limitations on Lengths of Service as Mayor and City Commissioners and to Establish Term Limits for Members Serving on the City Commission; Providing Requisite Ballot Language for Submission to Electors; Providing for Copies of this Charter Amendment to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Providing for Severability; Providing for Inclusion in the Charter; Providing for Adoption of Enabling Resolution; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that a revised Ordinance was distributed revising the language under Section 2.3, Limitations on Lengths of Service. Mayor Edelcup said that he wanted to add one modification to define the term as being a four-year term, and City Attorney Dannheisser said if they do that they would need a further amendment that exempts the one situation where it is the filling of a vacancy because that may not be a four-year term, it would exclude that. Public Speakers: Kathleen Kennedy; Henry Kay; Joseph Milton Mayor Edelcup suggested to go through each Charter change individually, beginning with the "Filling of Vacancies". He said that there is no change for the Mayor, but a change for the Commissioner. He noted that when Mayor Samson died, he was automatically appointed Mayor but because his term had more than six months to go, there had to be an election. He said when he moved up to that position, there was a vacancy on the Commission seat, and under the current Charter it states that person can be appointed for the duration of that original seat opening without having that Commissioner stand for the same confirmation as the Mayor would have to stand for, and suggested that we parallel the requirement so that if the Commission seat is being filled for a period of more than six months, that person within 90-days has to stand for election by the City just as the Mayor has to do. Commissioner Brezin moved to accept this Charter amendment, Section 2.5 (c) Filling of Vacancies, and the Commission was in agreement. Commissioner Thaler asked to include that these be four-year terms, and Mayor Ede1cup said we need to put in new wording that affects the Commission or the Mayor that if it is a period of less than a four-year term and the situation arose because of a death or being incapacitated that would not count as a full term because it could be a term of one day at a minimal so that that sub-term does not count against the two four-year terms. Commissioner Brezin clarified that they would be entitled to serve for the full two terms after the election. Commissioner Iglesias asked how it would work if a person becomes incapacitated providing that there is an accident that he cannot fulfill his duties, what happens to that term? City Attorney Dannheisser said that a term has commenced on an election whether or not it is actually completed, provided however, that when you are talking about the filling of a vacancy, which is an unexpired term, that does not count as a term commencing. She further stated that a term is commenced when you are elected under every scenario, and the only exception would be if you are elected to fill a vacancy, 3 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida the remaining term of the vacancy is less than four years and that is the one that doesn't count. Commissioner Iglesias said that if one of them chooses to move into a vacant term and is doing it of their own free will, that is an elected term, and City Attorney Dannheisser said then you want it to count, and Commissioner Iglesias said that is what he is saying but there is a flip side, what happens if he is doing a great job and he gets into a auto accident and he cannot fulfill his duties, and a couple of years later you are fine and you want to run, how much time can he put in, in the future? Commissioner Thaler said if he resigns, then that is the one four-year term he was elected to, no matter how long he sits there. City Attorney Dannheisser clarified that a term is deemed commenced upon election whether or not it is actually completed, and what is on the table right now is one exception if a person is filling a vacancy caused by death, disability, or whatever for any seat, that will not count as a term, and she said that Commissioner Iglesias is saying if you assume that you are doing it knowingly and you are making a choice and it should also fall under this category, and Mayor Edelcup is saying no, that should be the exception. Vice Mayor Goodman said if they are incapacitated or not, our Charter says now if within 90 days if it is more than six months we need an election, and now you are saying that that will not be considered a term, and City Attorney Dannheisser said because you are not being elected for a four-year period, you are only being elected to fulfill the rest of that term. Vice Mayor Goodman said that he would like it to be considered that there be a time limit set, whether that should be a completed term or not, at two or three years, and Mayor Edelcup said if it is less then three years it doesn't count, if it is more than three years, it counts. After discussion, it was decided to have a time limit of two years, if it is less than two years, it doesn't count. City Attorney Dannheisser clarified that a term is deemed commenced on the election except in the case of a filling of a vacancy which unexpired term is less than two years, the remaining unexpired term is less than two years, that doesn't count as a term, more that that, it counts as a term. City Attorney Dannheisser stated that no person shall serve more than four elected terms on the Commission as either Mayor, City Commissioner or a combination thereof, which is the same as in the original Charter. She said we are leaving it the way it was but we are adding the definition of a term, and Commissioner Brezin said but no one can serve for sixteen years in one position, and the Commission agreed. Mayor Edelcup said that the next issue is the compensation issue. He said what was suggested is the dollar amount to be paid and that the proposal is for Commissioners to receive $1,000.00 a month compensation, and the Mayor would receive $1,250.00 a month compensation. Vice Mayor Goodman and Commissioner Thaler said that we are one of two cities in Miami-Dade County at the present time, that do not receive a compensation. Mayor Edelcup agreed with what Vice Mayor Goodman said to attract people in the future after this Commission has served their time so we can get a broader segment of the public to at least be interested in doing some public duty and service, as a form of recognition that you are doing something for the City and giving your time and hopefully it increases the scope of people who may some day have an interest in running in government. After discussion, it was the consensus of the Commission to approve this. Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to accept this 4 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida Charter amendment, Amending Section 2.6 "Compensation; Reimbursement for Expenses" to Provide for Compensation for the Mayor and City Commissioners. The motion was approved 5-0 in favor. Mayor Ede1cup said the next issue is to change the election date to November when more residents are in town as opposed to September, and are suggesting that it be in the off- election year in November, not the general election for the President of the United States, staying in the same cycle that we are in now but move it out from September to November. He clarified that the next general election is in September 2005 which we would move to November 2005, in hopes that more of the part-time residents are here. Commissioner Thaler said that now candidates are campaigning during the summer when basically no one is here, and he said the total number of voters at the last general election was 1,600, and we have over 7,000 registered voters. Commissioner Brezin noted that even though absentee ballots go out, statistics show that less than 50% use them. Mayor Ede1cup noted that people would be able to campaign in September and October when residents are in town. Vice Mayor Goodman moved and Commissioner Brezin and Commissioner Iglesias seconded a motion to approve the proposal 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, June 17, 2004, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Ede1cup yes Mayor Ede1cup clarified that if this passes, their current terms would be extended to the next regularly scheduled general election in November, and Vice Mayor Goodman clarified that the newly elected official would begin 30 days after the election. 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $5.6 Million for the Property Located at 16275 Collins A venue, Mandalay aIkIa Sayan; Providing for the Acceptance and Payment by the Applicant of $1,324,066.00 for the Transfer of 33,657 Square Feet and 21 Units of the City's Transferable Development Rights; Providing for an Adjustment of the Balance of Transferable Development Rights from the City's Bank to Reflect a Decrease of 36,477 Square Feet and 21 Units as Described in Exhibit "A"; Providing for a Repealer; Providing for an Effective Date. (First Reading 2/19/04 - Deferred from 3/18/04 & 4/15/04) 5 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida Action: (City Clerk's Note: See action under Item 4A) City Clerk Hines read the title, and City Attorney Dannheisser reported. Public Speakers: Cliff Schulman, Esq. Commissioner Brezin moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2004-206 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2004-669 Establishing a Schedule for City Commission Meetings for Calendar Year 2004; Providing for an Effective Date. (Deferred from 5/6/04) Action: City Clerk Hines read the title and Mayor Edelcup and Commissioner Brezin reported. Public Speakers: none Mayor Edelcup said that he has one conflict but that they will take that up when the time comes. City Attorney Dannheisser said for the record that she has a conflict on July 22, 2004, but that Deputy City Attorney Hans Ottinot would be here. Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-675 was adopted by a voice vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Release of a Declaration of Use for Property Located at 18555 Collins A venue, Attached Hereto as Exhibit "A"; Providing the Mayor with the Authority to Execute the Release and Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (alk/a Golden Nugget Hotel) Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Mayor Edelcup said that basically the property is no longer operating as a motel condo and so we are doing an administrative item here to take away that declaration. 6 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-676 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 Professional Services Agreement between the City of Sunny Isles Beach and Bennett Yarger & Associates, Inc., for an Organization Study, in the Amount of $31,500.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Mayor Ede1cup asked when the report would be completed, and Commissioner Thaler noted that it reads not to exceed September 30, 2004, and he also noted that this came from the Commission workshop. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-677 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Professional Services Agreement between the City of Sunny Isles Beach and The Mercer Group, Inc., for Compensation/Market Survey Analysis and Related Services, in an Amount of $15,250.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported that this is needed to update the plan that we created a couple of years ago based on current market conditions, and that it is necessary to do this every two to three years. He said this is for 30 titles and is citywide. Commissioner Thaler noted that this is due back by the end of July. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-678 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, on Behalf of the City, to Apply for and Accept a Florida 7 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida Communities Trust Grant through its Florida Forever Program, for the Possible Acquisition of Property Located at the Atlantic Isle Beachfront (Folio No. 31-2214-008- 0251), and Properties Located adjacent to Golden Shores Pocket Park at 19142 Collins Avenue (Ramunno Property - Folio No. 31-2202-009-0020), and 19165-75 Collins A venue (Echavarria and Prats Property - Folio No. 31-2202-009-0010) for Open Space and Park Land, in an Amount of up to $6,600,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Mayor Edelcup and Commissioner Iglesias said they are refraining from voting because they both own property on Atlantic Isle. City Manager Russo said this is for approval to apply for the grant and an intent to negotiate, and that this is a willingness on the part of the property owners or representative to discuss it with us. Mayor Edelcup passed the gavel to Vice Mayor Goodman who called for a motion. Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-679 was adopted by a voice vote of 3-0-2 (Mayor Edelcup and Commissioner Iglesias abstained) in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Add-On Mayor Edelcup noted that the City's 7th Birthday is coming up in June and suggested that a planned event take place in July to celebrate that, and City Manager Russo said that the Cultural and Human Services Department is working on that. City Manager Russo said that we will be renovating the field at Margolis Park so we will probably have to hold the event at the Samson Oceanfront Park. Commissioner Brezin suggested that this be discussed with the Health and Welfare Committee. Public Speakers: Henry Kay Henry Kay suggested that the name of the Committee be changed, and Mayor Ede1cup stated that this issue can be discussed at the Committee meeting. 8 Summary Minutes: Regular City Commission Meeting May 20, 2004 City of Sunny Isles Beach, Rorida 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 13. ADJOURNMENT Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 8:50 p.m. , 1 . 1 .. R~spectfqqy, submitted by: Approved by the City Commission on June 17,2 Jane A. Hines, pty Clerk . '~~~-A .li:\L~ 9