HomeMy WebLinkAbout1997-0821 Regular City Commission MeetingCOO pM
MINUTES
CITY COMMISSION REGULAR MEETING
CITY SUNNY ISLES BEACH, FLORIDA
Thursday, August 21, 1997
7:00 P.M.
CALL TO ORDER/ROLL CALL:
Thunderbird Resort Hotel
18401 Collins Avenue
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 Carol Morrow
Commissioner Lila Kaufman was absent.
City Attorney Lynn M. Dannheisser and Interim City Clerk Jonda K. Joseph
were also in attendance.
PLEDGE OF ALLEGIANCE:
Mayor Samson led the audience in the pledge of allegiance to the flag.
APPROVAL OF MINUTES:
Minutes of the August 7, 1997, regular meeting (first meeting), were approved as
submitted. MOTION: Commissioner Morrow, SECOND: Vice Mayor Turetsky;
Unanimous vote of 4 -0.
Minutes, City Commission Regular Meeting
of August 21, 1997
IV. ORDINANCE:
2
First Reading of ORDINANCE #97-4, 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.
At Mayor Samson's request, Discussion Item (4) was presented by the City
Attorney prior to consideration of the above ordinance. The City Attorney further
explained ex -parte communications and quasi-judicial hearing procedures
outlined in her memorandum to the City Commission, dated August 14, 1997,
and provided in this meeting's 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
Commissioner so 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.
The ordinance passed first reading, after it was read by title. MOTION:
Commissioner Morrow, SECOND: Vice Mayor Turetsky. Unanimous vote of
4 -0, with a roll call vote, as follows:
Mayor Samson yes
Vice Mayor Turetsky yes
Commissioner Iglesias yes
Commissioner Morrow yes
V. RESOLUTIONS:
(1) Consideration of RESOLUTION #97 -7, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, establishing
revised initial schedule for City Commission meetings and providing
an effective date.
The resolution was adopted, after it was read by title. MOTION: Commissioner
Morrow, SECOND: Vice Mayor Turetsky. Unanimous vote of 4 -0.
(2) Consideration of RESOLUTION #97-8, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, approving
lease for office space for the City of Sunny Isles Beach City Hall
Minutes, City Commission Regular Meeting
of August 21, 1997
RI
attached as Exhibit "A "; authorizing the Mayor and City Attorney to
negotiate any non - monetary changes necessary; authorizing Mayor
to secure bids for construction of internal improvements to City Hall;
and providing for an effective date.
At the Mayor's request, Mrs. Roslyn Brezin reported on the research conducted
in connection with selecting a City Hall by Mayor Samson, Mrs. Ellen Wynn, Mr.
Jack Waters, Mr. Rocco Sango and herself. They visited the old Financial
Federal building on 163 Street, the Motel Pharmacy on the northwest corner of
Collins Avenue, and 17070 Collins Avenue. There was unanimous agreement
that 17070 Collins Avenue is the first choice. It meets the Americans with
Disabilities Act requirements and has excellent access in general.
Mayor Samson noted the facility is approximately 12,000 square feet and will
accommodate a meeting room to seat 125. A six -year lease has been
negotiated, with the first year cost waived, at a monthly rate of $4,166.66. If a
private elevator becomes available, an additional $1,000 per month will be paid.
Mayor Samson expressed his desire for a facility on the ground floor, but
indicated regretfully it is not possible.
The resolution was adopted, after it was read by title and with the substitution of
the lease addendum provided the City Commission via the City Attorney's
memorandum of August 20, 1997, and described above. MOTION:
Commissioner Morrow, SECOND: Commissioner Iglesias. Unanimous vote
of 4 -0.
(3) Consideration of RESOLUTION #97 -10, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida establishing
citizens committees for the City of Sunny Isles Beach and
establishing structure regarding same; and providing for an effective
date.
Mayor Samson asked that an economic development committee be added. In
response to a question raised by Commissioner Iglesias, there was consensus
that the committee on long range planning would handle beaches.
The resolution was adopted, after it was read by title, and amended to include
an economic development committee. MOTION: Commissioner Morrow,
SECOND: Commissioner Iglesias. Unanimous vote of 4 -0.
Minutes, City Commission Regular Meeting 4
of August 21, 1997
(4) Consideration of RESOLUTION #97 -9, a resolution of the City
Commission of the City of Sunny Isles Beach, Florida, providing for
establishment of City of Sunny Isles Beach accounts with qualified
public depository; providing for a deposit of funds; providing for
necessary signatories on such accounts; providing for issuance of
checks and payments; and providing an effective date.
Mayor Samson recommended the Colonial Bank on an interim basis. In
response to Vice Mayor Turetsky's question, the City Attorney explained checks
will be signed by the Mayor or Vice Mayor until there is a City Manager and one
Commissioner; two signatories. Mayor Samson noted that selection of a
permanent financial institution would be put out to bid after a City Manager is
selected.
The resolution was adopted, after it was read by title. MOTION: Vice Mayor
Turetsky; SECOND: Commissioner Morrow. Unanimous vote of 4 -0.
IV. ORDER OF BUSINESS (Additions, amendments or deletions)
Consideration of RESOLUTION #97 -11, 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 an effective date.
The City Attorney explained this would allow Dade County to provide the City
initial funding in the amount of $300,000, against utility tax revenue. This item is
scheduled for the County Commission meeting of September 9, 1997. At the
Mayor's request, the City Attorney concurred that he could attempt to secure
$500,000.
The resolution was adopted, after it was read by title and its exhibit "A" amended
from $300,000 to $500,000. MOTION: Commissioner Morrow, SECOND: Vice
Mayor Turetsky. Unanimous vote of 4 -0.
VII. DISCUSSION ON:
4) Information from City Attorney on quasi-judicial procedures and
discussion regarding same (City Attorney)
This item was addressed with Item V(1), Ordinance 97-4.
Minutes, City Commission Regular Meeting 5
of August 21, 1997
INTERIM BUDGET AND FISCAL YEAR 1997 -98 BUDGET
The City Attorney explained the City must adopt an interim budget and one for next
year. Mr. Robert Lillienfeld, a certified public accountant and former member of the
Charter Commission, prepared a draft. In meeting with the City Manager of the City of
Aventura, he explained it needs to be in a govemmental format. The former Finance
Director for the City of Homestead contacted Mr. Lillienfeld and has offered his services
on a consultant hourly basis of $35 per hour for an amount not to exceed $1,000. Mr.
Horacio Montes DeOca will prepare the 1997 -98 budget, present the budget at a City
Commission meeting and answer questions. He will keep an accounting of his time.
Mr. Lillienfeld discussed his work on this project. He recommended Mr. DeOca be
retained to prepare the budget as well as many other financial matters.
The services of Horacio Montes DeOca were retained at an hourly rate of $35 and a
total amount not to exceed $1,000, for preparation and presentation to the City
Commission of the City's 1997 -1998 fiscal year budget. MOTION: Vice Mayor
Turetsky; SECOND: Commissioner Morrow. Unanimous vote of 4 -0. In response
to Commissioner Iglesias' request, Mr. DeOca offered to apply for tax exempt status to
the appropriate agency and any other financial matters the City may need.
CITY HALL
Commissioner Iglesias wanted to nominate Irving Diamond to serve on the City Hall
Citizens Committee. Mayor Samson indicated Mr. Diamond is his nomination as well.
Commissioner Iglesias wanted to make City Commission offices smaller, a size of
11'x9', which would most likely allow for 2 additional offices. Mayor Samson noted that
with modular office dividers there is flexibility.
SUNSHINE LAW
The City Attorney indicated that Howard Leonard, counsel for the Dade League of
Cities, and City Attorney of the City of North Miami Beach, has agreed to provide an
overview to the City Commission on the Sunshine Law and becoming a public official.
The date of September 16, 1997, at 7 P.M., at this location, was selected to hold a
workshop.
Minutes, City Commission Regular Meeting 6
of August 21, 1997
PROPERTY BETWEEN EAST AND WEST BOUNDARY OF 163 STREET
CAUSEWAY; .56 ACRES
With the assistance of Commissioner Iglesias, Mayor Samson indicated that the Florida
Department of Transportation has agreed to lease the property noted above for $1, with
the prohibition of residential or commercial development on the property. The property
could be used for a park. This is something that he and Commissioner Iglesias worked
on together some time before the election. Commissioner Iglesias indicated the most
recent market analysis estimated the property's value in excess of $350,000. He
added that Florida Power and Light may be interested in placing some underground
structure in this location and paying the City to do so.
Mr. Jack Waters, 290 -174 Street about the length of the lease and Mayor Samson
indicated it is to infinity.
Commissioner Iglesias noted property on the east side of the Financial Federal
building, which the Florida Department of Transportation uses as a retention pond and
may be agreeable to leasing for $1 also. It may be desirable to install deep wells and
convert it to a park as well. Mayor Samson thought that it would cost over $300,000 for
wells. He wanted to discuss the feasibility of converting it to a playground just as it is.
COMPUTERS FOR CITY ATTORNEY AND PARA -LEGAL
At the Mayor's request, he was authorized to execute a purchase agreement for two
Dell computers for the City Attorney's Office at an estimated cost of $4,546, but not to
exceed $5,000, utilizing the State of Florida contract for same. MOTION: Vice Mayor
Turetsky; SECOND: Commissioner Morrow. Unanimous vote of 4 -0.
During discussion of said motion, the City Attorney indicated these computers are
network compatible for the future. Through the State of Florida contract, with proof of
municipal incorporation, the vendor will provide the merchandise and bill the City. If
funds are not available upon billing, she offered to make some arrangement with the
Village of Pinecrest.
SPEEDING ALONG COLLINS AVENUE
Mayor Samson referred to a report of June 6, 1997 provided the Florida Department of
Transportation. He requested authorization to negotiate with the appropriate state and
county officials to mark Collins Avenue to restrict the speed limit to 30 MPH and mark
the pavement similar to how it has been done in Bal Harbour. Commissioner Turetsky
asked that more speed limit signs be posted.
Minutes, City Commission Regular Meeting 7
of August 21, 1997
Mr. Steven Lesnick, a business owner at 255 Sunny Isles Boulevard, indicated another
survey has been commissioned by the Florida Department of Transportation, which
should be completed by the month end. At that time they will provide further
suggestions. The Police Department is also suggesting a speed limit of 30 MPH and
pavement marking. Further suggestions are forthcoming with respect to the speed limit
at the bridge descent.
Mrs. Bonnie Kleper, Intracoastal Towers, emphasized the need for law enforcement
visibility.
Commissioner Iglesias felt it is more a matter of enforcement than signage. Because of
the bridge design, it almost encourages speeding. He was interested in hearing what is
ultimately recommended by the Florida Department of Transportation. Mayor Samson
thought that in the future, the City might consider hiring off -duty police officers to patrol
the streets.
After a general discussion amongst the Commission and the public, the Mayor was
authorized to pursue a speed limit of 35 MPH and the posting of same. MOTION:
Commissioner Morrow, SECOND: Vice Mayor Turetsky. Unanimous vote of 3 -0, with
Commissioner Iglesias abstaining. A memorandum of voting conflict filed by
Commissioner Iglesias is attached.
1) Discussion about possible alternative courses of action with respect to
immediate financial status of Sunny Isles Beach (Mayor Samson)
In the event for whatever reason money is not forthcoming from the County at the
present time, Mayor Samson requested authorization to borrow up to $100,000 for
operation of this government from a bank on a temporary basis until revenue is
received from the County. MOTION: Vice Mayor Turetsky; SECOND: Commissioner
Morrow. Unanimous vote of 4 -0.
During discussion of the above motion, public comment was received from Mr. Harold
Hershoff, 100 Bayview Drive, relating to the interest rate.
2) Discussion of city seal (logo) (Mayor Samson)
Mayor Samson introduced Charles Watsburg and presented a proposed city seal
design for the Commission's consideration.
After public comment from Mrs. Ellen Wynn of 272 -189 Terrace, Mrs. Kathleen
Kennedy of Plaza of the Americas, and Mrs. Bonnie Kleper of Intracoastal Towers,
Minutes, City Commission Regular Meeting
of August 21, 1997
E:3
there was Commission consensus to establish a contest for design of the City seal with
a cash prize. The Commission will determine the winner at a future meeting.
3) City Manager /City Clerk information including contracts /ads /general
information from other municipalities (City Attorney)
The City Attorney indicated this is provided for information. Mayor Samson indicated
he has asked the following individuals to be the City Manager search committee:
Merrett Stierheim, former County Manager and present head of the Greater Convention
Bureau for Dade County; Roger Carlton, former Miami Beach City Manager; Peter
Lombardi, Pinecrest City Manager; and Erik Saroka, Aventura City Manager. To date,
about seventy applications have been received.
With respect to the City Clerk, Mayor Samson indicated a great many applications have
been received. Ms. Joseph has applied and is doing a great job. The City Attorney
advised that according to the charter, the City Clerk is selected by the Commission.
Public comment was received from Mr. Michael Galy, who suggested a committee
format also for the City Clerk selection. After a general discussion and suggestion of
the City Attorney, there was consensus to provide all resumes to the City Clerks of
Coral Gables or Miami Beach, Aventura and Pinecrest, and each City Clerk would
recommend independently the top two or three.
VIII. ADJOURNMENT
The meeting adjourned at 9:00 P.M., after a motion offered by Commissioner
Morrow, seconded by Commissioner Iglesias, was adopted by unanimous vote
of 4 -0.
Approved on:
David Samson, Mayor
Attest:
Jonda K. Joseph, Interim City Clerk