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HomeMy WebLinkAbout2004 0318 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March 18,2004,7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRA nON 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 ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:32 p.m., with the following officials present: Mayor Norman S. Ede1cup 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 ALLEGIANCE/INVOCA TION Action: Team members of the North Miami Beach Optimist Little League, the Cardinals, sponsored by Richard Mufson, led the Pledge of Allegiance to the flag. Rabbi Mayer Abramowitz gave a meditation. Mayor Edelcup introduced Scott Goldberg and Loretta Mufson of the Optimist Little League, who thanked Mayor Ede1cup and the City Commission, City Manager Russo, Cultural and Human Services Director Susan Simpson, and Deputy City Attorney Hans Ottinot, for their continued support of the Little League. Mr. Goldberg, on behalf of the players and coaches of The Cardinals, presented Mayor Ede1cup with a baseball signed by the team. Mayor Ede1cup said that when the City has its new baseball field, the baseball will be encased and placed there, as a reminder of the City's dedication to the Little League. Mayor Ede1cup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - February 19,2004. 3B. Special City Commission Meeting - February 25, 2004. Summary Minutes: Regular City Commission Meeting March 18, 2004 City of Sunny Isles Beach, Florida Action: Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Request to hear 12A first; Withdraw Item 7D; Amend Items 8A, 9D, 9E, and 9F. Action: [City Clerk's Note: Items 8A and 8C were deferred, see action.] Mayor Edelcup asked for a motion to approve the changes above. Commissioner Brezin moved and Commissioner Thaler 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. 5. SPECIAL PRESENT A TIONS SA. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 200212003. Action: Gerry Chioca from the City Auditors, Rachlin Cohen & Holtz, presented the City of Sunny Isles Beach Audit Report for Fiscal Year 200212003. Mr. Chioca said that this is the first year that GASB Statement No. 34 has been implemented, which is completely retooling the Financial Statements, and he highlighted sections throughout the Report. He noted that the reason for single audits is that it is a requirement by both the Federal and State if a municipality receives over $300,000.00 of Federal or State Funds/Grants. He noted that he has been giving reports to other cities for the past two weeks, and that this is the best report he has given, and he thanked City Manager Russo, and Finance Director Jean Watson and her staff, for all their hard work. Mayor Edelcup on behalf of the City Commission thanked City Manager Russo and the staff for keeping the City in a very healthy financial position. City Manager Russo praised the considerable work efforts of Finance Director Jean Watson and her staff. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to accept the Audit Report. The motion was approved by a voice vote of 5-0 in favor. 5B. Announcement of the Appointment of Rabbi Mayer Abramowitz as Police Chaplain. Action: Police Chief Fred Maas introduced Rabbi Mayer Abramowitz as the Police Department's Chaplain. Chief Maas noted that the role of Police Chaplain is a voluntary and honorary position. Rabbi Abramowitz will join Reverend Thomas Honold of St. Mary Magdalen, who is the other official Police Chaplain of Sunny Isles Beach. Page 2 of 15 Summary Minutes: Regular City Commission Meeting March 18, 2004 City of Sunny Isles Beach, Florida 5e. Recognition of Police Detective Steve Brenton Upon Receiving the Leo Award for Investigative Services. Action: Police Chief Fred Maas introduced Police Detective Steve Brenton and his significant other, Tabitha, and congratulated Detective Brenton on receiving the Leo Award for Investigative Services, during the Annual Law Enforcement Awards Ceremony for Miami-Dade County. Detective Brenton thanked City Manager Russo, Mayor Edelcup, and the City Commission for their support of the Police Department, he then proposed marriage to Tabitha, who said yes. 6. ZONING (The next Zoning Hearing is scheduled on Aprill, 2004 at 7:00 p.m.) 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance Numbers 2000-110 and 2003-166; Adopting a Revised Fee Schedule for the Building Department, Attached as Exhibit "A"; Providing the City Manager with the Authority to Review Annually All Building Department Fees; Providing for an Effective Date. Action: City Clerk Hines read the title and Building Official! Administrator Clayton L. Parker reported. Public Speakers: none Mayor Ede1cup said that this Fee Schedule has been revised downward for the benefit of Sunny Isles Beach homeowners, for various remodeling jobs and internal repairs that they are doing to their property, along with some other fee revisions. Mr. Parker said that at Mayor Ede1cup's request, the proposed fee schedule will create a special one item low cost permit fee for small projects and will be applied to all permits that encompasses a single item for repairing or remodeling costing $1,000.00 or less, and this proposed fee will be $35.00, which in the past would have cost between $100.00 - $400.00 Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the proposal 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, April 15, 2004, at 7 :30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes Page 3 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Standards and Review Procedures for Preservation of Historic Landmarks; Providing for Definitions; Providing for Creation of a Historic Preservation Board; Providing for Penalties; Providing for Enforcement of Maintenance and Repair Provisions; Providing for a Repealer; Providing for Inclusion in the Code; Providing for Severability; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this Ordinance provides for a Historic Preservation Board, which will be responsible for protecting historical sites as designated by the City, consisting of five members, each member of the City Commission shall appoint one member to the Board, with the Mayor appointing the Chairperson. She also noted that it includes standards and review procedures for the preservation of historic properties, and it allows the Board to make recommendations to the City Commission regarding the designation of those sites. Public Speakers: Casey Gabor Mayor Ede1cup explained that this Ordinance ensures that the control of historic preservation stays in the City and is not left to the County to decide what should be preserved and not preserved, and allows the City to set its own rules and regulations. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the proposal 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, April 15, 2004, at 7 :30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Ede1cup yes yes yes yes yes 7e. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2001- 127 Entitled "Security Alarms" and Creating a New Ordinance of the City of Sunny Isles Beach Entitled "Alarm Systems Registration"; Providing for a Purpose; Providing Definitions; Providing for Registration; Providing for Registration Fee; Providing for Alarm Systems in Apartment Complexes; Providing for Proper Alarm Systems Operation and Maintenance; Providing for Indirect Alarm Reporting; Providing for Alarm System Operating Instructions; Providing for Alarm Dispatch Records; Providing for System Performance Reviews; to Provide for False Alarm Notifications; Providing for Appeal of Fees or Penalties; Providing for Severability, Inclusion in the Code and Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Page 4 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida Public Speakers: none City Manager Russo said at the request of Mayor Edelcup, they looked into removing the initial and annual registration fee provision for alarms. He noted that alarm owners would still have to register their alarm system but will not be charged for the registration. City Manager Russo said the fine schedule has been amended allowing alarm owners to have only two free false alarms per year. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the proposal 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, April 15, 2004, at 7 :30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Ede1cup yes yes yes yes yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-23 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Revised Definitions; Providing for Establishment of Sender Sites, TDRs Transferred, Fees; Providing for TDRs Transferred from City Owned Sender Sites; Providing for TDRs Transferred from Privately-Owned Sender Sites and a Revised Application Process to Consolidate the Site Plan Review Process and the Transfer of Development Rights Process; Providing for Establishment of Recei ver Sites; Providing for Fees; Providing for Transferable Development Rights from City Owned Sender Sites, Transferable Development Rights from City Owned Sites; Providing for Development Rights from Privately Owned Sender Sites; Providing for Cost of Transferable Development Rights Issued by Private Owners from Privately Owned Sender Sites; Providing for Development Limitations Upon Receiving Sites; Identifying Land Ineligible for Consideration as Receiving Sites; Providing for Procedures Pertaining to the Approval of a Sending Site and Purchase of Development Rights for Use on a Potential Receiving Site and for a Non-Refundable Deposit; Providing for Review and Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review by the City Commission and Recording of Documents; Providing for TDR Bank; Establishment of TDR Bank; Deposits and Withdrawals from TDR Bank and Limitations; Providing for a Repealer; Providing for Severability; Providing for an Effective Date Action: This item was withdrawn, and will be heard on April 1 , 2004 during the Zoning Hearing. Page 5 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida S. ORDINANCES FOR SECOND READING (Public Hearings) SA. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $5,044,400.00 for the Property Located at 16275 Collins A venue, Mandalay L.L.C., aIkIa Sayan; Providing for the Acceptance and Payment by the Applicant of $1,180,014.00 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) Action: Joseph Milton, representing Sayan, requested that this item be deferred, and asked for deferral to April 15, 2004. Commissioner Iglesias moved and Vice Mayor Goodman seconded a motion to defer this item to April 15, 2004. The motion to defer was approved by a voice vote of 5-0 in favor. SB. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance Numbers 98-45, 99-60 & 99-81 Which Adopted an Occupational License Tax Pursuant to Chapter 205, Florida Statutes (1997); Amending Section 11, Entitled Occupational License Tax Schedule; Providing for Inclusion in the Code, for Severability, and an Effective Date. (First Reading 2/19/04) Action: City Manager Russo reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2004-194 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 Ede1cup yes SC. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinances 98-44, 2002-149 and 2003-175, of the City of Sunny Isles Beach, and Amending Section 2-11.1 of the Code of Ethics of Miami-Dade County, to Require All Lobbyists, as Defined by the Code of Miami-Dade County, to Register With the City Clerk Prior to Lobbying Any Page 6 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida City Officials, Which Definition is Amended to Include, But Not be Limited to, City Commissioners, City Employees, City Board or Committee Members; Requiring Disclosure in Writing of All Persons or Entities the Lobbyist is Representing Including a Representation by Said Person, Principal or Entity, Stating 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 Directly or Indirectly by the Lobbyist to Any Government Official; Directing the City Clerk to Disseminate to the City Commission, Prior to Each and Every Public Hearing on the Event or Matter for Which Such Lobbyist May Appear, All Disclosures Required by State, County and City of Sunny Isles Beach Laws; Providing for Penalties for Violation; Providing for a Repeal of Conflicting Provisions; Providing for Codification; Providing for Severability and an Effective Date. (First Reading 2/19/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported that this Ordinance has been amended. She said that Stanley Price, Esq., was here at the last Commission Meeting questioning the City's ability to secure a fee letter from an attorney, and he has conceded that the City's legal position is correct and attorneys can be obligated to disclose that letter; however, there has been an agreement as an alternative, if he or any lawyer or lobbyist is willing to submit to the City Clerk, a joint affidavit swearing under oath along with the client or principal what the fee is, that the City would accept that. Mayor Edelcup requested that we put that amendment into the Ordinance. Public Speakers: Mary Ann Eicke Vice Mayor Goodman asked if this is on everything that is lobbied on, and City Attorney Dannheisser said in each matter. He then asked in reference to a lobbyist and contribution to campaign funds, if somebody is running for election and a lobbyist contributes money to a candidate that is a sitting Commissioner, that we as Commissioners have to record that and they would have to record that also. Vice Mayor Goodman noted in the title, nine lines from the bottom".. .Any Fundraising or Campaign Contributions Made Directly or Indirectly by the Lobbyist to Any Government Official; Directing the City Clerk to Disseminate to the City Commission, Prior to Each and Every Public Hearing...". City Attorney Dannheisser said that information has to be disclosed, and it will be disclosed on the Lobbyist Log and announced before each item. Mayor Ede1cup said a Commissioner may have to be recused from voting on an item, and City Attorney Dannheisser said if that is the case, that provision needs to be included in the Ordinance. Mayor Ede1cup said if a candidate who happens to be a sitting Commissioner is going to accept monies from a lobbyist, it would seem like there is a conflict of interest. Commissioner Thaler recommended that this Ordinance be deferred. City Attorney Dannheisser asked for some direction on how the Commission wishes to Page 7 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida amend the Ordinance, and Mayor Edelcup asked City Attorney Dannheisser to schedule a Workshop to discuss this Ordinance. Mary Ann Eicke wanted to confirm that there will be a workshop because she wants to compare this to what was done in Charter Review Commission, and City Attorney Dannheisser said that this is what was done during that process, and this Ordinance amends the current Lobbyist Ordinance. Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to defer this item to April 15, 2004. The motion to defer was approved by a voice vote of 5-0 in favor. 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Two New Community Shuttle Buses from Atlantic Bus Sales, Piggy-Backing off from the City of Oldsmar, Florida Contract (Bid No. B-04-06), in the Amount of $166,486.00, to be Paid with Funds Provided to the City by the People's Transportation Plan 1/2% Surtax; 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 these buses will come on board in four months. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-646 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, Reappointing Maurice Donsky, Esq., as Special Master for a Period of One Year, in Accordance with Ordinance No. 2001-141; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-647 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, Appointing Members to the Five (5) Advisory Committees to the Mayor's Advisory Page 8 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida Council (M.A.C.) Established Through Resolution No. 2004-644; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Ede1cup reported, naming the following members to the Committees which comprises the Mayor's Advisory Council (M.A.C.): (1) Transportation and Traffic Control Committee: Liaison: Vice Mayor Gerry Goodman Chairperson: Cecile Sippin Members: Gene Sweed; Lee Liebman; George Berlin; George Newman (2) Education/Schools Committee: Liaison: Commissioner Lewis J. Thaler Chairperson: Bob Welsh Members: Phillip Chernoff; Janet Cini; Irving Diamond; Marsha Greenstein (3) Community Safety and Welfare Committee: Liaison: Commissioner Roslyn Brezin Chairperson: Honey Schiff Members: Henry Kay; Ben Kleinerman; Herb Abramson; Trina Duluc (4) Tourism and Development Committee: Liaison: Commissioner Danny Iglesias Chairperson: Bill Lone Members: Gil Dezer; Mary Ann Eicke; Joe Milton; Bernie Meyer (5) Long Range Planning and Intergovernmental Relations Committee: Liaison: Mayor Norman S. Ede1cup Chairperson: Bud Scholl Members: Arnie Klein; Gloria Taft; Sydney Davis; Art Kapel Public Speakers: none Mayor Ede1cup asked the City Clerk to schedule a general meeting for all these Committee members to meet within the next thirty days, where they will be instructed about the Sunshine Law and the procedures for the Committees. He noted that each Committee Chairperson will be required to start preparing a mandate or charter or mission statement for that particular committee. He reminded the public that each of these Committees have five members, but each one of these committees has an open invitation to have other members attend these meetings to voice their opinions, that they can become part and parcel of these committees, but the five voting members reporting back as an advisory board to this Commission, will be the people that were just appointed. Page 9 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida Commissioner Brezin moved and Vice Mayor Goodman seconded a motion to approve the resolution. Resolution No. 2004-648 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, Establishing Necessity to Acquire Vacant ImDroved Property Located at 201182nd Drive, Sunny Isles Beach (Folio #31-2211-009-0010), by Condemnation; Providing the City Manager and the City Attorney with the Authority to Acquire the Property by Purchase or Condemnation; Providing the City Manager and the City Attorney with the Authority to Initiate an Eminent Domain Action and the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Empress Property) Action: [City Clerk's Note: A revised Resolution was distributed.] City Clerk Hines read the title and City Manager Russo reported. Public Speakers: Herbert Abramson Vice Mayor Goodman noted that this is not vacant property, it is an occupied five-story building, and that the Resolution should be corrected, and City Attorney Dannheisser said that it should say improved property. Mayor Ede1cup noted that the people that live there, by law, will have at least a year from the time the property is purchased to vacate. Mayor Ede1cup said that this is a giant first step towards getting our first school in the City, and that we are trying to get a school built into the City by September 2006, grades K-5 or K-8, depending upon the configuration of the number of children we have and the size of a building that we can put up on this property. Herbert Abramson is thrilled that the Commission is taking a step forward for the children of the City, and since schools have auditoriums, he suggested that the Commission make a provision that it be large enough to seat at least 400 people so that we can have a Theater of the Performing Arts. Mayor Ede1cup said that he and City Manager Russo have already discussed in detail that whatever is built for the school that we can have an auditorium that can be used for cultural programs and perhaps in the evening educational courses that would give our seniors in the City some benefit to the school property in addition to our children during the day. He said that we would look into having the auditorium seat 400 people, and see if that is a feasible construction site. Mayor Ede1cup asked Mr. Abramson if he is working on a presentation next month on a beachwalk. He said he is intending to do that and it is being worked up right now with City Manager Russo's assistance and direction, and that they will be having several different presentations and once they have an opportunity to explore it completely that they will be coming before this Commission for approval. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve Page 10 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida the resolution, as amended. Resolution No. 2004-649 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, Establishing Necessity to Acquire Vacant Property Located at 18211 North Bay Road, Sunny Isles Beach (Folio #31-2202-039-0010), by Condemnation; Providing the City Manager and the City Attorney with the Authority to Acquire the Property by Purchase or Condemnation; Providing the City Manager and the City Attorney with the Authority to Initiate an Eminent Domain Action and the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Behnamou Property) Action: [City Clerk's Note: A revised Resolution was distributed.] City Clerk Hines read the title and City Manager Russo reported that this is vacant property abutting the property at 201 182nd Drive, to assemble a site for the entire school. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2004-650 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, Establishing Necessity to Acquire Vacant Property Located at 19165-75 Collins A venue, Sunny Isles Beach (Folio #31-2202-009-0010), by Condemnation; Providing the City Manager and the City Attorney with the Authority to Acquire the Property by Purchase or Condemnation; Providing the City Manager and the City Attorney with the Authority to Initiate an Eminent Domain Action and the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Prats Property) Action: [City Clerk's Note: A revised Resolution was distributed.] City Clerk Hines read the title and City Manager Russo reported that this is a small triangular piece of property on the east side of Golden Shores Park, and this is part of a Comprehensi ve Plan to assemble a couple of other parcels, and last year the City bought the parcel to the west of the Golden Shores Park. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2004-651 was adopted by a voice vote of 5-0 in favor. Page 11 of 15 Summary Minutes: Regular City Commission Meeting March 18, 2004 City of Sunny Isles Beach, Florida 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Renaming the Gilbert Samson Memorial Park Located on Collins A venue at 174th Street, to the "Samson Oceanfront Park", in Honor of Mayor David Samson and Family; 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 Mayor Ede1cup reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-652 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, Approving Amendment No.5 to Agreement by and between the City of Sunny Isles Beach and Vila & Son Landscaping Corp., for Additional Landscaping and Irrigation Services for Collins A venue, in an Amount of $102,737.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of Amendment No.5; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported that this is a continuation of landscaping improvements on Collins A venue, and that they are proposing to replace the plantings on the north bound approach to the Lehman Causeway which is one of the few sections where the big date palm trees have not been installed. He said that Mr. Vila has agreed to hold his price the same as his bid three years ago. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-653 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 1A. Add-On: Operation of Pier Park. Action: City Manager Russo is taking action on this on a temporary basis and it will come back before the Commission. The City has revoked the license agreement between Page 12 of 15 Summary Minutes: Regular City Commission Meeting March 18, 2004 City of Sunny Isles Beach, Florida the City and Newport for the Operation of Pier Park. He noted effective Monday, March 22, 2004, the Ci ty will now be operating and in charge of Pier Park, and that the Park will become more convenient and accommodating to our residents. He said that the City will spruce up the entrance, as it is legally an entrance to the construction site to the LaPerla Condominium. He said that the Cultural and Human Services Department has contacted a number of firms in terms of temporarily operating it until an automatic ticket machine can be installed. The City will be temporarily entering into an agreement with RS Valet Parking Systems, which are currently operating the valet parking at Tony Roma's Restaurant. Mayor Ede1cup asked if a fee has been negotiated yet, and City Manager Russo said yes, $10.50 an hour. Mayor Ede1cup said this property was under the administration of the owners of the Newport Hotel as long as they abided by the provisions of that agreement, and last week it was noted that they were not leaving the Park open for the benefit of the public on a 7- day week, 24-hour basis, and as a result of that, the City is moving forward with terminating that agreement, and taking over the Park. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Request of Claretha Youngblood, a Sunny Isles Beach resident, to discuss the Removal of a Bus Stop at Galahad-Dade Boulevard that Services the "S" Bus and the "E" Bus. Action: City Clerk Hines read the title, and City Manager Russo and Cultural and Human Services Director Susan Simpson reported. Public Speakers: Claretha Youngblood; Lee Liebman; Art Kapel; Bonnie KIeper; Maxine Rabinowitz; Madeline Thaler Claretha Youngblood said that she is against removing the bus stop at Galahad-Dade Boulevard, because bus routes "S" and "E" are a necessity for residents to get to school, work, the hospital, etc., and this is the only means of transportation for many, and some have to be there at 7:00 a.m., and don't get home until after 9:00 p.m. Suggestions were made to have shorter buses and the signal light longer. Art Kapel said that this is a safety issue, and that when the buses make the u-turn it is very hazardous. City Manager Russo said that the City is sensitive to all the comments. He said that the bus service that is provided from points north of the Lehman Causeway in this City to all points south or west of us, should be provided as closely as humanly possible to the frequency that it is now. City Manager Russo said that there are no points in Miami- Dade County that has hundreds of school children on a street corner that has double tiered County buses turning over six lanes of traffic at a median at high rates of speed because those bus drivers are scared that a car may not see them and hit them. He asked why do these buses have to terminate here, why not in some other place in Miami-Dade Page 13 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida County, to make an extremely unsafe maneuver and compound that by having the school buses doing the same thing. He said the County Public School System has agreed to change that and is making their turn-around further north. He stated that there is a substantial safety issue here that we are trying to accomplish and we are not trying to do it on the backs of people who depend on these buses. City Manager Russo said that the City is working on: 1) Expanding the City's shuttle bus service and noted that on tonight's agenda is the purchase of two new buses, and the City just received one new bus and are doubling the bus fleet of Sunny Isles Beach. He said that the City is expanding the service to seven days a week and will be substantially expanding the hours of operation and the locations that we go to ie. accommodating the run over to A ventura Mall, Intercoastal Mall, and some other points west of here. He noted that is not the whole answer to get people from the north side of Lehman Causeway to either connecting buses on the south end or running straight through from the north of Lehman Causeway to their points that they are going west and south; 2) The City is lobbying very hard with the County Mayor's office to have the "K" and the "V" substantially increased and the routes and frequency expanded, there is a good chance that it will be every twenty minutes, and when we couple that with the City's bus service during the bulk of weekday hours, and the City's expansion on the weekends, there is a targeted start date of April 25, 2004. He said that there is a good chance we can get this resolved and an expansion possibly by July, and he said that Susan Simpson, Cultural and Human Services Director, has been dealing with this, and that there are no guarantees yet, but are working very hard to address these concerns. Cultural and Human Services Director Susan Simpson reported that Henry Sori from the Miami-Dade County Mayor Alex Peneles' office has been trying to get some definite answer on expanding the "K" and the "V" and it is going to be a substantial project for them. She said Mr. Sori is looking to see if he can get it moved up to July, but definitely not in April. City Manager Russo said that the good news is that they are planning it and the question is how soon can we get it and how much can we get from them. He noted that when the City service is running, it goes right into Ocean View, as a more of a convenience to make the connections. Mayor Ede1cup said that the Commission should do what it can to instruct staff not to do anything until we have a coordinated program. He said we need to know what the times are when the other buses can be expanded as opposed to when the "S" bus is going to be discontinued, because it seems that we don't have enough facts right now. City Manager Russo said that we can defer the implementation until we know that they are going to expand the other buses, coupled with what we are doing with our own bus service. Vice Mayor Goodman said being that the half a penny sales tax is being collected for transportation, he feels that Miami-Dade County should make a greater effort in helping us with more service. Mayor Ede1cup suggested handling it through the Transportation Committee. Commissioner Thaler said the whole thing is the timing and coordination, which needs to be put together by Miami-Dade County and Sunny Isles Beach. Page 14 of 15 Summary Minutes: Regular City Commission Meeting March 18,2004 City of Sunny Isles Beach, Florida Mayor Ede1cup noted that this is not a City decision, that decision is being made by the County, and said that we will use the efforts of the City to make sure we can coordinate a change so that nobody will be inconvenienced but ultimately we have to work with the County to make it happen. Mayor Ede1cup reiterated that the bus will continue until we are able to coordinate, and once the County is in a position to replace the "S" bus with service on other lines, then the change will take place, if we can cause the County to agree with that. He noted that we will defer this until July, and in July, if we can get everyone coordinated, there will be no interruption in service, and if we can't do it by July then we will expand it again. City Manager Russo said if we can get the public's support to make a slight adjustment to the petition concept, and help us at the County level, what the City is trying to accomplish is the elimination of the U-Turn of the buses, it is not in conflict to keep the service exactly how it is for you, and have the County figure out what to do to eliminate making that U-Turn, whether they have to triple the buses on the "K" and the "V" and eliminate the "S" and "E" or if they can send that bus somewhere else to turn around, that is fine, we just want the frequency to accommodate the public, and make it safer. 12B. Add-On: Action: Henry Kay said that the Coalition has determined that all citizens of Sunny Isles Beach are now officially members of the Sunny Isles Beach Citizens Coalition because there will be no membership dues. He thanked the Commission for having workshops and creating the new committees. Mr. Kay further commented on Sunny Isles Boulevard as well as the new school to be built. 13. ADJOURNMENT Mayor Ede1cup adjourned the meeting at 9:35 p.m. Respectfully sU,bmitted by: . . Approved by the City Commission on April 15, 2004 , ~ \, .' .A I ~ . ~~ V~ " Jane A. Hines, City Clerk Page 15 of 15