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Home My WebLink About2000-0530 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting - Tuesday, May 30, 2000, 7:00 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:04 p.m., with the following officials present: Mayor David Samson Vice Mayor Connie Morrow Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Irving Turetsky City Manager Jack Neustadt • City Attorney Lynn Dannheisser City Clerk Richard Brown- • orilla 2. PLEDGE OF ALLEGIANCE/ INVOCATION Action: Chief Maas led the Pledge of Allegiance to the flag and Richard Schulman gave an invocation. 2A. Add-On item: Citzens' Forum Action: Mayor Samson announced that Governor Bush had signed the State budget which included a total of$300,000 for: $150,000 each for the Oceanfront Park at 174t Street and the Passive Park on North Bay Road. Mayor Samson read a statement regarding multiple citizen complaints and he asked the City Clerk to include in all future City Commission agendas, a topic entitled"Citizens' Forum." He then invited the audience to raise any concerns they might have. Public Speakers: Gerry Goodman; John Shepherd; Cecile Sippin; Irving Diamond; Phillip Chemoff; Lillian Ramos;Judge Manuel Ramos;Gene Sweed;Norman Edelcup;Lila Sterling Gerry Goodman questioned why the road work on I 74'h Street west of North Bay Road, and the medians on 174`h Street had not been started. He also questioned the status of stormwater/ sewer assessments, status of all parks especially the Oceanfront Park that was due for completion on December 15t. He noted that the Collins Avenue beautification is still without a plan. He asked where the promised Pinnacle and Millennium beach access areas were. He proposed that Golden Beach needed a liaison to speak in favor of sidewalk;and that f Summan Minutes:Special City Commission Meeting May 30.2000 City ofsunmy Isles Beach.Florida our parking and traffic were becoming an increasing problem. John Shepherd raised concerns on behalf of the Sunny Isles Beach Resort Associations including: the status of the Oceanfront Park; lack of adequate care and maintenance of medians. Mr. Shepherd submitted a photograph of the median in front of the Newport Hotel. He asked why there were no flags for Memorial Day. Cecile Sippin read a letter detailing concerns from Alan Handis; President of Winston Towers 100 [submitted into the public record]. Irving Diamond complained about the lack of repaving of 170 Street that was due for completion within 60 days from last summer. Phillip Chernoff complained about 170 Street,Oceanfront Park,medians needing irrigation, and the lack of City entrance signage. Lillian Ramos criticized the lack of progress on the Oceanfront Park, no sign of significant progress;and of mangroves being destroyed by developers. Judge Manuel Ramos noted that City Manager Neustadt went on vacation for three weeks at a time of City need. He questioned the need to have created the Management Committee: was the creation of such a Committee necessitated by the incompetence of the City Manager? He proposed to the City Commission to amend the Charter to create a strong Mayor and Commission form of government. Gene Sweed asked where are the completed parks and complained about flooding of North Bay Road. Norman Edelcup cited a problem replacing the sod destroyed by the Cable Company, and that a Police vehicle was parked the day before on the grass at the entrance of the Atlantic Island with the engine running so that it burned the grass. He suggested that something was wrong to have three City Managers within three years. City Manager Neustadt responded that regarding 174"' Street, we sent a letter to H & R Paving demanding they respond or we will consider our contract terminated in five days. Commissioner Turetsky asked if they have a Performance Bond on file?Mr.Neustadt did not know. Mayor Samson asked if we had paid them a deposit?Mr.Neustadt did not know. He said he had prepared a Status Report on May 26, 2000. • Mayor Samson said that in his view the blame for the many complaints was on the City Manager. He said the City had come to a complete standstill. He stated that ten days before he asked where are the flags, and the City Manager told staff to put up them up, but at the overtime rate of time and a half. Mayor Samson asked what would be the procedure to remove the City Manager. City Attorney Dannheisser said he could be suspended with pay, and then schedule a meeting to discuss his termination. Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to suspend City Manager Neustadt with pay pending a public hearing. Vice Mayor Morrow asked what is the procedure to be followed; another interim Manager? Mayor Samson said perhaps the Chief of Police could serve as an interim Manager until Chris Russo arrives, however Commissioner Turetsky didn't agree to put that pressure on the Chief to also be the City 2 Summary Minutes:Special City Commission Meeting May 30.2000 City of Sunny Isles Beach.Florida Manager. Mayor Samson noted that months before that he had asked the incoming Manager (Chris Russo) to keep Mr. Neustadt within his administration. Mayor Samson said he wanted a hearing within a week. The motion to suspend City Manager Neustadt with pay pending a public hearing was approved as Resolution No. 2000-233 by a roll call vote of 3-2 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Turetsky no Vice-Mayor Morrow no Mayor Samson ves [City Clerk's note: But see the vote below to reconsider the question, for a change in voting: 4-1 in favor) After public discussion. City Clerk Brown-Morilla announced that the Public Hearing would be scheduled for Tuesday. June 13, 2000 at 7:00 p.m. A brief recess was held to allow the City Attorney to draft the resolution. When the meeting resumed. Vice Mayor Morrow asked if it could be possible to recount the vote. City Clerk Brown-Morilla explained the procedure to reconsider the vote. Mayor Samson passed the gavel and made a motion,that was seconded by Commissioner Iglesias to reconsider the vote. The motion was approved by a roll call vote of 4-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Turetsky no Vice-Mayor Morrow ves Mayor Samson ves A new vote was then taken on the original motion to suspend City Manager Neustadt with pay pending a public hearing. The motion was re-approved as Resolution No.2000-233 by a roll call vote of 4-1 in favor. Vote: Commissioner Iglesias Commissioner Kauffman yes Commissioner Turetsky no Vice-Mayor Morrow ves Mayor Samson yes There was discussion about James DeCocq serving as Acting City Manager, while Mr. Neustadt was suspended. 3. RESOLUTIONS 3 Summary Minutes:Special City Commission Meeting May 30.2000 City of Sunny Isles Beach,Florida 3A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Authorizing an Agreement by and between the City of Sunny Isles Beach and Tropic Landscaping & Lawn Maintenance, Inc.. Attached Hereto as Exhibit "A", for the Installation of New Trees in the Passive Park, Transplanting of Fully Mature Trees from the Active Park Site to the Passive Park, and Performance of Drainage Improvements as Suggested by Miami-Dade County Department of Environmental Resources Management (DERM) Stormwater Division, in the Amount of$57,775.50; and Also Ratifying the Prior Expenditure of$78,761 Paid to Tropic Landscaping and Lawn Maintenance, Inc. Since February 2000; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Acting City Manager James DeCocq read his report. Public Speakers: Gerry Goodman Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2000-234 was adopted by a voice vote of 5-0 in favor. 3B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Settlement Agreement Waiver and Release of Recio and Associates Inc., *and-Nr-a-z-oza Attached Hereto as Exhibits"A"and"B"Respectively;Authorizing the City Manager to do Whatever is Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. *[City Clerk's note: the resolution was revised during the meeting to delete Arazoza Brothers Corp. from the settlement.] Action: City Clerk Brown-Morilla read the title and Acting City Manager James DeCocq read his report. City Attorney Dannheisser announced that the resolution would only be with Recio, since Arazoza Brothers declined to enter into a settlement agreement. City Attorney Dannheisser didn't agree that there is any issue of"unfairness." Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to approve the revised resolution. Resolution No.2000-235 was adopted by a voice vote of 5-0 in favor. 3C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Conceptual Plan for Planting of the Median. Commencing June 2000, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Make Immaterial and Substantial Changes to the Plan; Providing for an Effective Date. Action: [City Clerk's note: the resolution was revised during the meeting] City Clerk Brown-Morilla read the title and Acting City Manager DeCocq read his report. Commissioner Iglesias reported regarding the improvements to the water retention pond, 4 Summary Minutes:Special City Commission Meetine May 30.2000 City of Sunny Isles Beach.Florida [swamp] at the end of Sunny Isles Blvd. He noted the bridge work is 400 days ahead of schedule. Commissioner Kauffman noted that J-walkers were stomping on the new plants. Acting City Manager DeCocq said we must ask the Police Chief to step up the J-walking enforcement. Mayor Samson questioned Marla Dumas regarding the Streetscape Master Plan. He said he did not want the installation work to be done by City staff. Mayor Samson wanted a committee to review plant selection. and not leave the selection up to one person. Vice Mayor Morrow offered to work with the committee. Mayor Samson asked James DeCocq, Richard Brown-Morilla and Marla Dumas and at least three other people to serve. City Clerk Brown-Morilla suggested it might be better if he did not serve on the Committee. The members will be: Vice Mayor Morrow, Alan Handis, Philip Chernof£ and John Shepherd, with Co-Chairs being James DeCocq and Marla Dumas. Mayor Samson proposed that the Acting City Manager renew the City's FDOT permit to break out the concrete in the medians. Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to approve the revised resolution. Resolution No. 2000-236 was adopted by a voice vote of 5-0 in favor. 4. ADJOURNMENT: There being no more business the meeting was adjourned at 8:40 p.m. Respectfully submitted by: Approved by the City Commission on July 20, 2000 • tRichai-d Brown•Morilla, City Clerk David Samson, Ma 'or • NOTE: . . -A•Workshop followed the meeting to review the proposed plans that have been prepared by the City's Consultant, Bermello, Ajamil & Partners: Citywide Streetscape Master Plan; and, Collins Avenue Conceptual Plan. 5