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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. 3 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. 4 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. 5 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. L 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. 7 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. IW 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 13