HomeMy WebLinkAbout1997-0911 Regular City Commission MeetingCOPY
MINUTES
CITY COMMISSION REGULAR, MEETING
CITY OFSUNNY ISLES BEACH, FLORIDA
Thursday, September 11, 1997 Thunderbird Resort Hotel
7:00 P.M. 18401 Collins Avenue
1. CALL TO ORDER/ROLL CALL:
The meeting was called to order by Mayor Samson at 7:05 P.M. The following
Commissioners were present:
Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Daniel Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow
City Attorney Lynn M. Dannheisser and Interim City Clerk Jonda K. Joseph
were also in attendance.
if. PLEDGE OF ALLEGIANCE:
Vice Mayor Turetsky led the audience in the pledge of allegiance to the flag.
III. APPROVAL OF MINUTES:
Minutes of the August 21, 1997, regular meeting, were approved with the
correction of Commissioner Morrovds first name. MOTION: Commissioner
Morrow; SECOND: Vice Mayor Turetsky; Unanimous vote of 5-0.
For individuals who need special accommodations to participate in the meetings
because of a disability, Mayor Samson noted the telephone number that should
be listed on the front of the agenda is 931 -7858.
Minutes, City Commission Regular Meeting 2
September 11, 1997
V. ORDINANCES:
(Note: Item V, D is not used)
A. Second Reading of ORDINANCE #97 -3, an ordinance of the City of
Sunny Isles Beach, Florida, implementing the utility tax authorized by
Section 166.231, et-seq., Florida Statutes, to levy and impose utility
tax upon the purchase within the City of Sunny Isles Beach of
electricity, water, metered gas, bottled gas, coal, fuel oil and
telecommunications services; providing for severability; providing
for an effective date.
The ordinance was adopted on second and final reading, after read by title and
a public hearing held. MOTION: Commissioner Morrow, SECOND:
Commissioner Kauffman. Unanimous vote of 5 -0, with a roll call vote, as
follows:
Mayor Samson yes
Vice Mayor Turetsky yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
The City Attorney noted there are some 400 utility providers within the city's
boundaries. This ordinance will be sent to each of the providers, advising them
to forward their payment directly to the City after the October 1 " effective date.
B. Second Reading of ORDINANCE 497-4, an ordinance of the City of
Sunny Isles Beach, Florida, implementing the provisions of Section
286.0115, Florida Statutes, to establish a procedure governing ex
parte communications with local public officials concerning quasi -
judicial matters; providing adoption of quasi-judicial hearing
procedures; providing for severability; providing for an effective
date.
Minutes, City Commission Regular Meeting
September 11, 1997
The ordinance was adopted on second and final reading after read by title and
a public hearing held. MOTION: Vice Mayor Turetsky; SECOND:
Commissioner Iglesias. Unanimous vote of 5 -0, with a roll call vote, as follows.
Mayor Samson yes
Vice Mayor Turetsky yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
During discussion of the above item, the City Attorney explained ex -parte
communications and quasi-judicial hearing procedures outlined in her
memorandum to the City Commission, dated August 14, 1997, and provided in
the August 21, 1997 agenda package. In conclusion, she recommended the
Commissioners not receive any communication regarding a zoning matter or a
potential zoning matter. If this occurs, she asked the Commission advise her by
memorandum and it will be disclosed during the hearing on the matter. It is
permissible to visit the site and conduct research provided it is done individually
by the Commissioner.
During the public hearing, Ms. Susan FrOed, 1875 N.E. 197 Terrace, asked if
someone speaks to a Commissioner and that fact is placed on the record and in
the file, it is acceptable. The City Attorney advised yes that is the remedy and
cure.
Mr. Manuel Ramos, 290 — 174`h Street, offered advice, as a former judge, to not
engage in such conversations and to avoid them at all costs.
Both the Mayor and Commissioner Iglesias emphasized the importance of
clearly understanding this ordinance. In response to Commissioner Kauffman,
the City Attorney explained for the ordinance
application. to apply, there has to be a pending
At the City Attorney's request, a workshop to further discuss this matter was
scheduled for September 16, 1997 at 1 PM.
C. First Reading of ORDINANCE #97 -5, an ordinance of the City of
Sunny Isles Beach, Florida, adopting a General Fund Operating and
Capital Budget for the fiscal year commencing June 16, 1997 and
ending September 30, 1997; providing for post audit; providing for
expenditure of funds appropriated in the budget; providing for an
effective date.
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Minutes, City Commission Regular Meeting
September 11, 1997
The ordinance passed first reading, after read by title and public comment
solicited. MOTION: Commissioner Morrow, SECOND: Commissioner
Kauffman. Unanimous vote of 5 -0, with a roll call vote, as follows:
Mayor Samson yes
Vice Mayor Turetsky„ yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
The Interim City Clerk announced that the final reading and another public
hearing will be on September 25, 1997, at this location.
E. First Reading of ORDINANCE #97-6, an ordinance of the City of
Sunny Isles Beach, Florida, adopting a General Fund Operating and
Capital Budget for the fiscal year commending October 1, 1997 and
ending September 30, 1998; authorizing expenditure of funds
established by budget; providing for issuance of checks; providing
for amendments; providing for encumbrances; providing for an
effective date.
In response to the Mayor, Mr. DeOca explained the non - departmental account
that is detailed on page 27 of the proposed budget. They are citywide
expenditures not associated with any specific department (for example,
communication services, postage).
In response to the Vice Mayor, Mayor Samson explained there is only one month
of city hall rental expense, as the City negotiated the first twelve months at no
cost.
Mayor Samson noted that the City Manager will determine the departments, and
as such the names included now are only for budgeting purposes.
On page 6 and all other such instances, Mayor Samson asked that reference to
Commission Salaries" be changed to 'Commissioners Estimated Expenditures ".
Reference to fringe benefits will be deleted and those monies merged with
Commissioners estimated expenditures. Mayor Samson sought and received
consensus for Commissioners' expenses to be subject to reimbursement by bills
strictly for city business submitted to the City Manager.
On page 32, Beautification Projects, Commissioner Iglesias noted that $50,000
will be insignificant. Mayor Samson indicated because funds are limited this first
year, this is intended for repairs.
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Minutes, City Commission Regular Meeting
September 11, 1997
The ordinance passed first reading, as amended with respect to Commissioners
estimated expenditures, after read by title and public comment solicited.
MOTION: Commissioner Kauffman; SECOND: Commissioner Morrow.
Unanimous vote of 5 -0, with a roll call vote, as follows:
Mayor Samson yes
Vice Mayor Turetsky yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
The Interim City Clerk announced that the final reading and another public
hearing will be on September 25, 1997, at this location.
F. First Reading of ORDINANCE #97 -7, an ordinance of the City of
Sunny Isles Beach, Florida, establishing the operating departments
of the City; providing for severability and an effective date,
The City Attorney explained the City Manager may well change these
departments or rename them. The ordinance is being considered because the
Commission is adopting a budget without a City Manager and allocating funds to
certain departments that were not created.
Vice Mayor Turetsky asked that a public safety department be added.
The ordinance passed first reading, as amended to include a public safety
department, after read by title and public comment solicited. MOTION:
Commissioner Morrow, SECOND: Commissioner Iglesias. Unanimous vote of
5 -0, with a roll call vote, as follows:
Mayor Samson yes
Vice Mayor Turetsky yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
The Interim City Clerk announced that the final reading and another public
hearing will be on September 25, 1997, at this location.
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Minutes, City Commission Regular Meeting
September 11, 1997
VI. RESOLUTIONS:
(A) Consideration of RESOLUTION #97 -11, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, to authorize a
seal contest and providing for an effective date.
The resolution was adopted, 'as amended to include a prize of $100 to the
winner, after it was read by title and public comment solicited. MOTION: Vice
Mayor Turetsky; SECOND: Commissioner Morrow. Unanimous vote of 5 -0.
There was consensus that members of the Commission as well as the assigned
committee should not enter the contest.
In response to Commissioner Kauffman, Mayor Samson noted there will be a
$100 winner's prize. He asked Mr. Palmer, representing Aventura News, to
publish an announcement, seeking contestants, noting the prize, entry deadline,
selection date and to submit all entries to Commissioner Kauffman.
Commissioner Kauffman asked the resolution be so amended.
Commissioner Iglesias noted, for the benefit of the audience, that the entry
deadline is October 15, 1997, with final selection on November 9, 1997.
During the public hearing, Ms. Bonnie Kleper, Intracoastal Towers, 19380
Collins Avenue, did not think employees and their relatives should be permitted
to enter the contest.
Mayor Samson suggested entries from school children be solicited.
(B) Consideration of RESOLUTION #97 -13, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, authorizing
the purchase of worker's compensation insurance coverage for the
protection of the City and officers, agents and employees; providing
a determination of impracticability as to competitive bidding for such
insurance services; and providing for an effective date (4 affirmative
votes required).
In response to Vice Mayor Turetsky, the City Attorney advised that the Florida
League of Cities provides the lowest rates available to cities. There is need for
this coverage and there is not enough time to go through the bidding process,
which is why four affirmative votes are required.
During the public hearing, Mr. Emanual Lassar, 17720 North Bay Road, asked
about general liability insurance. Mayor Samson indicated that he purchased
such insurance when the City incorporated.
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Minutes, City Commission Regular Meeting
September 11, 1997
In response to Mr. Henry Caseado, 440 Poinciana Island, Mayor Samson noted
the insurance was purchased on a month to month basis and will eventually be
placed out to bid.
The resolution was adopted, after it was read by title. MOTION: Commissioner
Kauffman; SECOND: Commissioner Morrow. Unanimous vote of 5 -0.
(C) Consideration of RESOLUTION #97 -13, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, providing for
approval of initial expenditures, ratifying certain expenditures for
initiation of municipal government; providing for reimbursement of
funds expended for the benefit of the City of Sunny Isles Beach; and
providing for an effective date.
The Interim City Clerk added a $782.32 invoice for legal advertising. The City
Attorney added a $146 invoice for Florida Statute books. Part of the expenses
authorized in this resolution include installation of a telephone in the City
Attorney's residence, which is the official telephone number of the City, 354-
2171. In response to Commissioner Kauffman, the City Attorney explained
these are actual expenses submitted for payment authorization.
The resolution was adopted, after it was read by title, and amended to include
the added invoices. MOTION: Commissioner Morrow; SECOND: Commissioner
Kauffman. Unanimous vote of 5 -0.
(D) Consideration of RESOLUTION #97 -14, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, approving
proposed interlocal agreement for the advance by county of initial
start-up funds to the city attached as exhibit "A "; providing for an
effective date.
Mayor Samson thanked the City Attorney, Ms. Susan Fred and Senator
Margolis for their assistance in this matter.
The resolution was adcfpted, after it was read by title. MOTION: Commissioner
Kauffman; SECOND: Vice Mayor Turetsky. Unanimous vote of 4 -0, with
Commissioner Morrow not present.
Mrs. Ellen Wynn, 272 -L 189 Terrace, complimented the Mayor on quick follow -
up to certain promises he made, including the beach opening and drainage
problems at Golden Shores.
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Minutes, City Commission Regular Meeting
September 11, 1997
IV. ORDER OF BUSINESS (Additions, amendments or deletions) - None
VII. OTHER BUSINESS:
A) REPORT ON THE STATUS OF THE INTERLOCAL AGREEMENT
(Mayor Samson) This item is addressed under Item VI, D.
B) REPORT ON MANAGER SEARCH COMMITTEE (Mayor Samson)
And
H) REPORT ON CITY CLERK SELECTION RESPONSES FROM SEARCH
COMMITTEE (Mayor Samson)
Vice Mayor Turetsky announced the finalists were selected from about 80
applications. The City Commission, at an advertised public meeting, will
interview the finalists.
Commissioner Morrow felt that people from South Florida should be taken
into consideration, as they would have a better understanding of the
community. Mayor Samson noted that the Pinecrest City Manager came
from the West Coast of Florida. He is very successful. Accomplishments
are important.
Mayor Samson announced the Search Committees' finalists for City
Manager and City Clerk:
Christopher Russo, City of Rybrooke, Dennis Kelly, Village of North Palm Beach
New York
James De eatro, North Bay Village Nanc Chioma, Cit of Golden Beach
Anthony Barrett, Moorehead City, Anthony Shoemaker, City of Clearwater
North Carolina
Robert Norris, Northport, Florida
Richard E. Brown - Morilla, Jonda K. Joseph, City of Coral--§p rings
Cit of Miami Beach
Jack Neustadt, Village of Key Biscayne Melissa Garci a, Indian Creek Villaqe
A motion was adopted to set an interview date of the listed City Manager
candidates and to add Charles Schurr to the list. The City Manager
Search Committee will be invited to participate. The date is to be
agreeable amongst the Commission, the City Manager Search Committee
Minutes, City Commission Regular Meeting
September 11, 1997
and the candidates. MOTION: Commissioner Morrow, SECOND:
Commissioner Iglesias. Unanimous vote of 5 -0.
In response to questions raised, the City Attorney noted that the City '
Manager Search Committee is merely advisory. The Commission is the
final decision - maker.
A motion was adopted to interview the listed City Clerk candidates on
October 16, 1997. MOTION: Commissioner Morrow, SECOND:
Commissioner Kauffman. Unanimous vote of 5 -0.
At the request of City Manager Search Committee, a City Manager salary
range of $75,000 to $100,000 was set. MOTION: Commissioner Morrow,
SECOND: Commissioner Iglesias. Unanimous vote of 5 -0.
During discussion of the above motion, Vice Mayor Turetsky noted the
benefits and perks will also be a consideration. Mayor Samson noted the
norm is 33 %.
In answer to Commissioner Kauffman, Mayor Samson did not feel it is
necessary to set a range for the City Clerk.
It was generally agreed the City Attorney would determine available
meeting dates from the City Manager Search Committee and then
coordinate a date with the City Commission and candidates.
The public made the following comments:
Mr. Howard Kendell, 19390 Collins Avenue, was opposed to adding
anyone to the finalists list compiled by the search committee.
Mr. Iry Diamond, 251 —174 Street, noted there was a date when all
resumes were to be submitted. After that date, he did not think anyone
else could be included. Mayor Samson indicated Mr. Schurr's application
was the first one and perhaps he was overlooked.
Mr. Jack Waters, 290 - 174 Street, questioned the addition of Charles
Schurr.
Minutes, City Commission Regular Meeting
September 11, 1997
AGENDA PACKAGES
Mayor Samson requested an additional
copies.
CITY BUSINESS
tabbed agenda package for a total of eight
Mayor Samson asked that all City business go through the Mayor's office until a City.
Manager is in place. He apologized for meals not being arranged for all
Commissioners at the City Manager Search Committee meeting.
C) MOTION TO RENAME LANDSCAPE COMMITTEE DESIGNATED IN
RESOLUTION #97 -10,
BEAUTIFICATION /ENVIRONMENTAL/LANDSCAPE COMMITTEE"
(Commissioner Morrow)
The landscape committee was renamed to
Beautification/Environmental /Landscape Committee. MOTION: Vice Mayor
Turetsky; SECOND: Commissioner Morrow. Unanimous vote of 5 -0.
D) REPORT FROM THE CITY HALL COMMITTEE (Roslyn Brezin)
Ms. Brezin noted the Committee met on September 5, 1997. Membership
includes:
Irving Diamond
Abe Gomberg
Roslyn Brezin
Richard Shulman
Manny Lassar
Commercial carpet was selected, with a five -year warranty for stain and fade
resistance and a ten -year commercial wear and anti -shock warranty. The carpet
is permanent static controlled. It will be glued to the floor. Samples were
presented.
Mayor Samson introduced John Shepherd who is assisting with City Hall design.
The carpet will be installed for approximately $10 per yard. A floor plan is
available to view after this meeting. There is space for growth. Everything thus
far is under budget. He thanked everyone involved.
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Minutes, City Commission Regular Meeting
September 11, 1997 11
E) REPORT ON PROCEDURE FOR PUBLICATIONS OF MEETINGS AND
POSTING NOTICES (City Attorney)
The City Attorney asked that Commissioners contact her the week before the
meeting, by Wednesday, to schedule agenda items for the next week.
In answer to Commissioner Morrow, the City Attorney indicated it is acceptable
to submit letters from citizens with various concerns to the Mayor, and to
schedule on the agenda any item she wishes to address at a meeting.
There was a general discussion about the agenda publication date and
coordination of anyone having a hearing disability as well as including the
location of the meeting in the publication, which will be addressed by the City
Attorney and Dan Palmer, representing Aventura News.
F) DISCUSSION ON ZONING PROCEDURES (City Attorney)
There was consensus to schedule discussion relating to zoning at the upcoming
workshop on September 16, 1997, as well as the presentation by Howard
Leonard on becoming a public official, the Sunshine Law and ethics. The
meeting time was changed to 1 PM. Commissioner Iglesias requested the
meeting be tape- recorded.
I) REPORT ON REVENUE SOURCES (City Attomey)
The City Attorney noted this information is contained in the agenda package
(memorandum, dated August 21, 1997).
Commissioner Iglesias was interested in receiving revenues from the bedding
tax. Mayor Samson indicated he had broached this subject, but was
unsuccessful. There is significant revenue loss now by illegal renting and no
recording of bed tax. A committee will be formed, which will work with
Tallahassee to cure this situation.
Under public discussion, Mr. Robert Giese, 325 Atlantic Isle, noted there are
many single - family residences divided into. efficiencies. Mayor Samson
explained this must be addressed diplomatically with the County.
Minutes, City Commission Regular Meeting 12
September 11, 1997
J) SCHEDULE OF FUTURE MEETINGS /EVENTS — THURSDAY
SEPTEMBER 25, 1997, AT 7 PM; CANCELLATION OF OCTOBER 9,
1997 MEETING
Because the County Building and Zoning Department is processing the City's
applications, the City Attorney explained a regular meeting schedule is needed.
She suggested the second and fourth Thursday or first and third Thursday of
each month. There should be consideration of whether to meet once a month or
perhaps designate a zoning meeting, and so forth.
Commissioner Kauffman inquired about changing the December 11, 1997
meeting date, but it is not possible because of scheduled zoning matters.
Mayor Samson asked that the meeting dates for 1998 be decided at the
September 25, 1997, regular meeting.
K) GENERAL DISCUSSION
In response to a question from Juan Velasco, 226 Poinciana Island, about
approval of Thunderbird West development, Mayor Samson outlined the history
of this matter and indicated this will be a zoning matter brought before this
Commission. Only approval from the Development Impact Committee has been
received.
ADVISORY COMMITTEES
Mayor Samson noted the following advisory committees were established with
the noted Commission members as chairpersons:
ouaget.
City Hall
Public Safety
Cultural Arts
Building and Zonirn
Lo— n Range Planni
Beautification /Environment/Landcape
Economic Development
ma or Samson
Ma or Samson
Vice Ma or Turetskil
Commissioner Kauffman
Commissioner lrdpqias
Commissioner I lesias
Commissioner Morrow
Ma or Samson
The Commission discussed individuals that they wished to appoint to the
committees. In answer to Commissioner Morrows question, the City Attorney
indicated that nominees should be citizens of the City. Each Commissioner will
Minutes, City Commission Regular Meeting
September 11, 1997
furnish a typewritten list of their nominees. Mayor Samson emphasized the
importance of the Building and Zoning and Long Range Planning Committees.
The City Attorney noted that all nominees must file a form #1, disclosure of
financial interests. She asked the Interim Clerk draft a resolution once the lists
of names are furnished. The committees will be subject to the Sunshine Law
and their meetings will be advertised.
L) PUBLIC COMMENTS — Noted under each item.
VIII. ADJOURNMENT
The meeting adjourned at 10 PM, after a motion offered by Commissioner
Kauffman, seconded by Commissioner Iglesias, was adopted by unanimous
vote of 5 -0.
Approved on: 2-S, / 9
lf7
David Samson, Mayor
Attest: /
Jo da K. Joseph, I rim Ci Clerk
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