Res. No. 044-00-10937RESOLUTION NO.44-00-10937
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OFTHECITYOFSOUTHMIAMI,FLORIDA,RELATINGTO
MINUTES;ADOPTING THE "ACTION SUMMARY"MINUTES
FORMAT;PROVIDING AN EFFECTIVE DATE.
WHEREAS,therearethreetypes of minutes:1)Verbatimminutesinwhich
everywordisrecorded.Thistype of formatisexpensive,timeconsumingandis
virtuallyrecommendedbynoone;2)Actionminutesinwhichonlythemotion,
themaker of themotion,andthevotearerecorded.Thisformatislegalinmost
states,recommended bytheexpertsand Robert's Rules of Order;and3)Synopsis
minutes in which comments are condensed.This format can be most difficult to
create.Itcan lead to constant challengeby commission membersbecause often
what someone remembers sayingandwhattheydidsaycanbetwo different
things.It can alsobe difficult to extract accurate intent out of a 15-minute
discussion;and
WHEREAS,21st Century Robert's Rules of Order defines "minutes"asan
impartialaccount of thebusinessaccomplishedataspecificmeeting.Theminutes
summarizewhathappenedatthemeetinginastraightforwardnarrativestyle.The
minutes do not include thefollowing:1)Personalopinionorcommentary;2)
direct transcription of meeting dialogue or conversation;3)name of members who
secondedthe motion,unless specifically requiredbythebylaws;4)discussion of
motions;5)mention of withdrawn motions;6)thephrase"respectfullysubmitted"
whichmanyauthoritiesconsideroutdated;and
WHEREAS,the"Action Summary"formatforCommissionMinutes,
widely usedbymanyofthe municipalities in Miami-Dade County isa fail-safe
approach toaccurately recording the proceedings of ameetingand;
WHEREAS,inanefforttofurtherfostercontinuousadvancementinthe
Cityof South Miami itisthe Mayor andCity Commission's desire to formally
adoptthe"Action Summary"formatforCity Commission Minutes.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA.
Section1.The"Action Summary"formatforMinutesishereby
adopted.
Additionsshownby underlining and deletions shownby ovoretriking.
Section 2.This format should include but not be limited to the
summarizing ofwhat happened atthe meeting.One subject per paragraph,with
the body of the minutes containing the following information,not necessarily in
this order:1)all main motions;2)the description of each motion;3)secondary
motions;and4)allpoints of orderandappeals.
Section 3.This resolution shall takeeffect immediately upon approval.
PASSEDAND ADOPTED this15thday of February 2000.
ATTEST:APPROVED:
MAYOR
Commission Vote:5-0
READ AND APPROVED ASTOFORM:Mayor Robaina:Yea
*?"vice Mayor renu:'"
^~^%,/^C^a/^^Commissioner Russell:Yea
CITY ATTORNEY Commissioner Bethel:Yea
ViceMayor Feliu:Yea
Commissioner Russell:Yea
Commissioner Bethel:Yea
Commissioner Wiscombe:Yea
Page2 of 2
Resolution No.44-00-10937
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission _DATE:2/11/00 ^*
jC---*\cfrfl AGENDA ITEM #
FROM:Charles D.Scurr /f/JJ?Comm.Mtg.2/15/00
City Manager {jF**^Minutes Format
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO MINUTES;
ADOPTING THE "ACTION SUMMARY"MINUTES FORMAT;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina adopts the "Action
Summary"format for Minutes.The "Action Summary"format is widely use by
many municipalities in Miami-Dade County and is a fail-safe approach to
accurately recording the proceedings of a meeting.This format is legal in most
states.Is recommended by the experts and Robert's Rules of Order.The
format shall include but not be limited to the summarizing of what happened at
the meeting;should be one subject per paragraph,with the body of the minutes
motions;the description of each motion;secondary motions and all points of
order and appeals.This format will not include,personal opinion or
commentary;direct transcription of meeting dialogue or conversation;name of
members who seconded the motion,unless specifically required by the bylaws;
discussion of motion;mention of withdrawn motion;the phrase "respectfully
submitted"which many authorities considered outdated.
"--*•)•"itTnTTfrifV^iinirrTriTrr laain rtn-tnivwrnvn fi •-*i--i-i irittiSmmtttt
122 21st CENTURY ROBERTS RULES OF ORDER
•Assist inanswering questions aboutpolicymatters
•Help solve small problems before tjiey become larger
•Anticipate problems thatmay affed amember's rights
•Alert the chair to breaches in conduct
•Helpsetupmeetingsandofferuseful preplanning sugges-s
tions
•Offerclassesin parliamentary lawto organization members
HONORARY OFFICERS
Honoraryofficersare individuals—not necessarily members—
honoredforgreatdistinctionor outstanding servicetotheorga
nization.Althoughnonmembersareeligible,suchawardsare
mostoftenconferredonmembersupontheirretirementfrom
theorganization,withthehonorary office matching theoffice
the person held during activeservice,asthefollowingillus
trates:
Examples
Elected Office HonoraryOffice
Chair Honorary chair
President Honorary president
Clerk Honorary clerk
Thetitlestayswiththepersonforlife,unlessotherwise
specified inthecompany'sbylaws.Thereareno responsibilities
attachedtotheoffice.Inmostinstances,honorary officers are
giventheprivilege of attendingandspeakingatmeetings,but
theyusuallyarenotallowedto make or vote onmotions.Hon
oraryofficers often sitonthedaisatannualmeetings,andtheir
namesareincludedonanypromotionalliteratureproducedby
the organization.
Officers and Minutes 123
MINUTES
Definition.The record ofthemeetingiscalledthe minutes.
Minutes are an impartial account ofthe business accomplished
ata specific meeting.They summarize what happened atthe
meeting ina straightforward narrative style.Theminutesdo not
includethefollowingitems:
•Personal opinion or commentary
•Direct transcription of meeting dialogue or conversation
•Names of members whosecondeda motion,unless specifi
callyrequiredinthebylaws
•Discussion of motions
•Mention of withdrawn motions
•The phrase "Respectfully submitted,"whichmany authori
ties consider outdated
Preparation.Inthe past,minuteswerehandwritten.Today,
nearly all large organizations (andmanysmallonesas well)
prepare minutes onacomputer.This makesiteasierforthesec
retarytomakecorrectionsandcopies.Italsoexpeditestrans
mission,throughsuchmeansasE-mail,fax,and modem.
Style.The first paragraph of theminutescontainsthefollow
inginformation,notnecessarilyinthis order
•Date,time,andplace of themeeting
•Name of thecompany
•Type of meeting,suchasregularorspecial
•Names of theofficerspresentatthe meeting
•Whethertheminutes of thepreviousmeetingwerereadand
approved
124 21st CENTURY ROBERTS RULES OF ORDER
Example
At the regular weekly meeting of the Rotary Club heldon
March 4,1994,at 6:00 p.m.at Country Farms Restaurant in
Farmingdale,the minutes wereread by the secretary of the
board and approved without correction.Bob Chapman
presided,with President-Elect Nancy White and Board
Clerk Alana Mello in attendance.
Thebody of theminutessummarizeswhathappenedatthe
meeting.Thereisonesubjectper paragraph.Thebody of the
minutescontainsthefollowinginformation,notnecessarilyin
this order
•All main motions
•The disposition of each motion
•Secondarymotions
•Allpoints of orderandappeals
Example
The chair reported on the installation of the new computer
system.She noted that all eight portsareinplaceand that
the system is expected tobeonlineby June.
Ona motion by Ms.Harrison,the board authorized thedi
rectortodonate$50toBoyScoutTroop #511 forthepur
chase of new equipment
Aspecial committee wasappointedtoinvestigatethesitua
tion with Apex Roofing,currently in default The prep work
on the roof was completed,but the materials have not been
delivered.
The resolution relating to the sale of the Smith Street prop
erty,whichwastabledlast month,was taken up.After
amendment and additional debate,the resolution was
adopted asfollows:"Resolved,That GH International re
tainAlanAndersonatthesum of $3,000toappraisethe
property at56 Smith Street**
Officers and Minutes 125
Theconclusion of the minutes containsthefollowinginfor
mation,notnecessarilyinthis order:
•Time themeetingwas adjourned
•Clerk's signature
Example
The meeting was adjourned at 2:00 p.m.
Mr.Gotti,Clerk
Hereisasample of completedminutes:
Example
Rafael,Inc.
Board of Trustees Meeting
October 5,1994
The regular weekly meeting of Rafael,Inc.,washeldon
Tuesday,October 5,1994,at3:00p.m.at company head
quarters.The chair,J.Walcott,presided.The minutes of the
last meeting werereadandapproved without correction.
Thetreasurerreportedreceipt of a bill from Dell Comput
ers in thesumof $2,000 foranewPC.Thequestionputby
thechairthatthe bill bepaidwasadopted.
Ms.Harle,reportingon behalf ofthepublicity committee,
moved that 'the annual convention be held at Galaxie Hotel
inthedowntown area."Themotionwasadoptedafter debate.
The report of thefinance committee wasreceivedand
placed on file.
A special committeewasappointedtoinvestigatethesharp
riseingraffitiinthemainbuilding.
Thechairintroducedtheguestspeaker,Professor Christine
Banks,whospokeoneducatingminoritychildrenforthefu
tureworkplace.At theconclusion of Ms.Banks's talk,the
organizationgavehera standing ovation.
The meeting was adjourned at4:30 p.m.
Adam Phillip,Clerk
12621stCENTURYROBERTSRULESOFORDER
ReadingandApprovalofMinutes.Aftertheclerkcompletes
theminutes,thedocumentissubmittedforapprovalatthenext
regularmeetingoftheorganization.Theactualapprovaltakes
placeafterthecalltoorder.Thechaircallsfortheminutestobe
read,asksforanynecessarycorrections,acceptsthecorrections
ifvalid,andasksforamotiontoapprovetheminutes.
Example
Thechairsays,"Arethereanycorrectionstotheminutes?*'
[pausetoallowmemberstorespond]
Iftherearenocorrections,thechairsays,"Ifthereareno
corrections,theminutesstandasread."
or
Iftherearecorrections,amembersays,"Imovetoamend
theminutesby[thespecificcorrection]."
Thechairthensays,"Iftherearenofurthercorrections,the
minutesareapprovedascorrected."
-»TROUBLESHOOTINGRememberinmostinstances
theminutesareapprovedbyunanimousconsentto
savetime.
m^Oii^ttAtMiamed^
8
Meetings
MEETINGSANDTHEIRUSES
Accordingtoparliamentarylaw,ameetingis
asingleofficialgatheringofthemembersofanorganizationin
oneplacetotransactbusiness.Themeetingmustbecontinuous,
discountingashortbreakorrecess.Ameetingmaylastany
wherefromafewminutestoseveralhours.
With21stcenturytechnology,theoneplacepartofthedefi
nitioncanbeinterpretedbroadly.Increasingly,video-andtele
conferencingcapabilitiesmeanthatahandfulofpeoplecanbe
acontinentawayfromeachotherbutstillbeinthesame
"room*'!Althoughtheymayneverevenmeet,accordingtopar
liamentarylawtheyarestillholdingameeting.
Thetraditionalimageofthedefinitionstilllingers.When
mostpeopleimagineameeting,theyenvisionpeoplemeeting
facetoface,usuallyinanoffice,conferenceroom,orhall.The
meetingmayinvolvetwodirectorsdiscussingwhetherpeople
intheirdepartmentsshouldgetaraise,fiftymanagerspresentat
apersonnelconferenceinaneighboringcity,orathousandpeo
pleattendingaseminaronhiringandfiring.Mostlikely,you
haveattendedmoremeetingsthatyoucanrecall,andthese
meetingshavebeendistinguishedasmuchbytheirdifferences
Editor's note:This article first appeared in Small Citiesandis reprinted with
permission.
How muchtimeis your CityClerk spending to
producetheminutesof your meetings?Gail
Vasquez,CMC/AAE,aCityClerkinNorwalk,
CA,whoteaches other Clerksinthe state,says she always
hassomeinherclasseswhoare transcribing minutes athome
andon weekends.When she first arrived six years ago,Nor-
walk's minutes were six months in arrears and two employ
ees were listening totapes.Today,Vasquezhasaswitchboard
operator draft the minutes inhersparetime because allshe
hastodois re-format the agenda to createaction minutes
instead of verbatim minutes.
Actually,therearethreetypesofminutes:in addition to
actionandverbatim,there's a hybrid called a synopsis.Diane
R.Gladwell,CMC,and a consultant tolocal governments in
California,describes each model:
•Verbatim minutesinwhichevery word is recorded are
expensive andtimeconsumingandrecommendedby
virtuallynoone.
COUNCIL minutes:
Best Practices
•Action minutes in which onlythe motion,the maker of
the motion,and the voteare recorded arelegalinmost
statesand recommended bytheexperts.
•Synopsis minutes in which comments are condensed
can be the most difficult to create.It can lead to constant
challengebycouncilmembersbecauseoftenwhatsome
one remembers saying and what they did saycanbetwo
differentthings.Gladwell notesthatitcanbedifficultto
extract accurate intent out of a 15-minute discussion.
Instead,what she has found to be effective are action
minuteswithalistingoftheissues discussed,without
attributingcommentstoanyone.Shesaysthismethod
should still cut down on the time it takes to do minutes
and,at the same time,avoid debates on accuracy.
"Forthosecities where it wouldn't be acceptable todoan
actionagenda,IadviseClerksto focus ontheissues."she
says.A.Fleming Bell,whodirects Clerk trainingatthe Uni
versity ofNorthCarolinainChapelHill,concursthatit's
importantto"doalittlebitmorethancryptic action.Because
ifsomeonelooksbackatthose minutes infiveyears,they
maynothavea clue whatwenton.It'simportanttoseta lit
tlebitofcontextforfuture understanding of what occurred."
Anaheim,CA,CityClerk Sheryll Schroeder,CMC/AAE,
says"Clerksshouldconferwiththeir Council,City Attorney
or City Manager astowhattypeofminutestheir jurisdiction
wants.We don'twant Clerks going outand creating the doc
ument they want and not taking into consideration the dif
ferent wants and needs ofthe community."
Gladwell urges Clerks togobackandread Robert's Rules
ofOrderbecausesooften bad orinefficientpracticesare
handeddownfromapreviousClerk.Someotherrecom
mended practices includethe following:
Continuedonpage4
The Netherlands 101 -Part 5 on pp.8-9
Council Minules:Best Practice—Continued from page1
•Good minute preparation starts with the agenda.In effi
cient cities,theagendaisusedasthefoundationforthe
minutes.Gladwell advises that any basic word process
ing program will allow a Clerk tobuild macros for any
thing that's repetitive and run the agenda into a template
for the minutes.
•Anoral reading ofthe motions and votes fromthemin
utes of previous meetings is the proper procedure for
ensuringtheaccuracyoftheminutes.However,she
notes that while most councils don't do this,they also fail
to waive theoral reading,whichtheyshoulddo.
•Minutes must be signed by the appropriate people,typi
callythemayorandClerk.
•A numbered filing system in which afile number is
typed after each action item onboththe agenda and
minutes ensures paper documents associatedwitha
givenactioncanbefoundeasilyifneededinthefuture.
•Because oneoftheClerk'sresponsibilitiesistoensure
equityingovernment,anyrequestforinformationfrom
past minutes should be snared with all appropriate par
ties.For instance,ifone council memberrequestsinfor
mation,all council membersandthecitymanager
should receive it also.
When there'sanupcoming election,agendasandmin
utesshouldbe prepared forall candidates.
•Vasquez doesn't recordpublic comment inthe minutes
because no action can be taken on an item if it isn't on the
agenda.If an item is referred for future action,it will be
onalateragenda.Otherwise,shesays"peoplehavea
righttotalkbutthey don't havetherighttohaveitas
part oftheofficial record."
•Clerks shoulddifferentiatebetweenlegislativeminutes
and quasi-judicial minutes,says Bell.When acouncilis
denying apermit,holdingapersonnelhearing,orany
other business that requires ittoactina judicial capaci
ty,the Clerk isactingmoreasacourtreportersominutes
shouldbemore complete.
The efficient application ofword processing technology
is what most Clerks have available to them now to make
their job easier,observes Gladwell.For instance,alongwith
usingmacrosto develop templates,most software hasa
"find"function thatcanbeusedtosearchanypreviousmin
utesthatweredevelopedina computer.Beyond that,thereis
document imaging software onthe market from several ven
dors,which is not useful so much for the creation of minutes
but for information retrieval from minutes.
GlendaSansoti,CMC/AAE,CityClerkforBrevard,NC
(pop.6,600),whomaybethefirstClerkinthestatewithdoc
umentimagingsoftware,nowhas scanned in20yearsof
minutes.Theopticalcharacterrecognition function automat
icallyindexeseverywordina document.
"Ithas saved an enormous amountof time,"she says.
Previously,if she had a research request,she had to retrieve
the oversized minutes books,pull them apart,and using the
index for each book,find the information and make copies
before putting it all back together again."Research is so
much easier now."
Gladwell says voice recognition software is available
nowbut she says inits current evolution,it'stoo slow and
fiveyearsaway from beingcost effective.
OOPS!
The November News Digest inadvertently erred in list
ing some of IIMC's Quill Winners.The corrections are:
•Dorothy Outwater not Atwater
•Elizabeth G.Nolan,retired not deceased
•Suzanne Withers,retired not deceased
•Norma Caldwell,retired
•Charles W.Gress,retired
IIMC News Digest December 1999
DEC-22-99 16:55 PROM-CITY OF SUNNY ISLES BEACH +3059493113 T-785 P.02/11 F-723
SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting -Thursday,June 17,1999
1.CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at7:02 p.m.with the following officials
present:Mayor David Samson T
Vice Mayor Irving Turetsky j
CommissionerDannyIglesias(arrivedat7:03)
Commissioner Lila Kaufrman
Commissioner Connie Morrow
City Manager James DiPietro
City Attorney LynnM.Dannheisser
City Clerk Richard Brown-Morilla
2.PLEDGE OF ALLEGIANCE
ACTION:Vice Mayor Irving Turetsky ledthe Pledge ofAllegiance tothe flag.
3.APPROVAL OF MINUTES:
A.REGULAR COMMISSIONMEETING-May 13,1999
ACTION:Commissioner Kauffinan movedandViceMayorTuretskysecondeda motionto
approve the minutes of the May 13,1999,regular City Commission Meeting.The ^notion
was approved by a unanimous voice vote of 5-0 in favor*
4.AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)
ACTION:Commissioner Kauffman moved,and Commissioner Iglesias seconded a motion to
takeagenda item 9-C out of order,andconsider it before item 7-C.The motion was
approvedbya voice vote of 5-0 in favor.
5.SPECIAL PRESENTATIONS:
5A.POLICE EMPLOYEE OFTHE MONTH -DISPATCHER SANDRA BLOCK
ACTION:Police Chief Richard Harrison presented a commendation to Police Dispatcher Sandra
Block as Officer of the Month for May,1999,and Mayor Samson presented her with \check
fromtheCitizensAdvisory Committee.
DEC-22-99 16:56 FROM-CITY OF SUNNY ISLES BEACH •+3059493113 T-785 P.03/11 F-723
5B.LIFE SAVING AWARD-JAMES ANDERSON
ACTION:Mayor Samson announced that the award had been previously presented to Mr
Anderson,T
6.ZONING:
6A.Public Hearing Number Z99-04
REQUEST OF CABANAS SERVICES,INC PROPERTY OWNER AT 18655 rkORTH
BAYROADFORANON-USE VARIANCE OF SETBACK REQUIREMENTS TOdERMTT
AN EXISTING GAZEBO AND METAL SHED TO SETBACK 1.6 FT.FROM THE REAR
EAST PROPERTY LINE (5FT REQUIRED).\
ACTION:Mayor Samson read a statement regarding procedure and decorum.City Clerk
Brown-Morilia read the applicant's name,hearing number,and location.*The City Clerk
administered the oath to the witnesses for the evening's Zoning hearing.City Attorney
Dannheisser read a disclaimer for the Zoning hearing.
Ex-parte disclosures:jD_Protests:_0_Waivers:0
Public Speakers:Zoning &Code Aaministrator Jorge Vera;Ada Valiente Garcia;Code and
Licensing Enforcement Officer Christopher Steers.
Mr.Vera said the neighbors had submitted waivers ofno objection.Ms.Valiente Gircia
expressed concern about the history of illegally subdividing single family homes.Mayor
Samson asked Mr.Vera to investigate.Commissioner Kauffinan asked what could be £one
about illegal multifamily uses in single ftmily home areas,and Chris Steers explained about
the code enforcement efforts.i
Vice-Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve >the
request with conditions 2-6.The motion was approved as Resolution No.99-Z31,by
aroll call vote of 5-0in favor.~
Vote:Commissioner Iglesias yes
CommissionerKauffinanyes
CommissionerMorrowyes
Vice-Mayor Turetsky yes
MayorSamson yes
7.ORDINANCES FOR FIRST READING:
7A AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ADOPTTNO*.
NEW CODE SECTION ENTITLED FLOOD DAMAGE PREVENTION;PROVIDl NG
STATUTORY AUTHORIZATION,FINDING OF FACT,PURPOSE AND OBJECTIVES;
Summary Minutes ofthe June 17.1999.Resulsr Citv rvimmtcefafi M^na .t>o#»»*>^in
DEC-22-99 16:56 FROM-CITY OF SUNNY ISLES BEACH '+3059493113 T-785 P.04/11 F-723
•••I
I
i
i
PROVIDING FOR DEFDOTIONS;PROVIDING FOR GENERAL PROVISOS-
PROVIDING FOR ADMINISTRATION;PROVIDING FOR FLOOD HAZ/JU)S
REDUCTION;PROVIDING FOR VARIANCE PROCEDURES;PROVIDING FOR
SEVERABILITY,INCLUSION IN THE CODE AND AN EFFECTIVE DATE
i
CityACTION:City Clerk Brown-Morilla read the title of the proposed ordinance and
Attorney Lynn Dannheisser introduced theitem.
PublicSpeakers:none
Commissioner Iglesias noted the importance of approving the legislation in order to b^able
torecovermoneyfromFEMAfollowingany flood disaster.
Cornmissioner Morrow moved,and Commissioner Iglesias seconded amotion to approve
the proposed ordinance on first reading.The motion was approved bya roll call vote
of5*0 in favor.Second reading,public hearing will be July 15,1999.1
Vote:Commissioner Iglesias yes |
CoinmissionerKaufrinan yes I
Commissioner Morrow yes j
ViceMayorTuretskyyes
MayorSamson yes
7B.AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AMENDING
SECTION 33-36 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BYTHE
CITY OF SUNNY ISLES BEACH AS ITS ZONING CODE IN ACCORDANCE \feH
ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH,TO \DD
A SECTION 33-36.2 TO BE ENTITLED "SUBSTANTIAL COMPLIANCE FOR
HEARINGAPPROVED DRAWINGS ANDSITEPLANSAND
ADMINISTRATIVELY APPROVEDSITEPLANS";TO PROVIDE FOR IraE
AUTHORITY OFTHE BUILDING,PLANNING AND ZONING DIRECTOR TO MAKE
SUCH A DETERMINATION BASED ON DEVELOPMENT INTENSITY AND
DEVELOPMENT SIMILARITY;PROVIDING FORA REPEALER;PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.[
ACTION:City Clerk Brown-Morilla read the title of the proposed ordinance and ICity
Attorney Lynn Dannheisser introduced the item.|
Public Speakers:JoeMalkin
Conimissioner Morrow moved,and Commissioner Kaufi&nan seconded amotion to app rove
the proposed ordinance on first reading.The motion was approved bya roll calllvote
of 5-0 in favor.Second reading,public hearing will be July 15,1999*
Vote:Commissioner Iglesias yes
Commissioner Kauf&nan yes
Commissioner Morrow yes
ViceMayor Turetsky yes
MayorSamsonyes
Siirnmnrv Mmtifpc aFi*i<*Tun*17 1OOQ T?«xnilar CWu rivmiM^omn UTaatimr,_D.M o a*1A
DEC-22-99 1S:57 FROM-CITY OF SUNNY ISLES BEACH "'+3059493113 T-785 P.05/11 F-723
7C.AN ORDINANCE OF THE CITY OF SUNNY IStES BEACH,FLORIDA,CREa4tnpACITYWTOESTORMWATERUTlLrrYANDADOPTINGkoRMWATERinSS
FEES TO PLAN,CONSTRUCT,OPERATE AND MAINTAIN A STORMWATER^^EM^ISYSTCMCONSISTENT WTTHTHE CQMraEffirSwa3?SMAMI-DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES MkcHPURSUANTTOARTICLE8.3 OF THE CHARTER OF THE CITY OF SKnyjESBEACHANDUNTILSUCHTIMEASTHEOTYOFSUNNYISLESBEACHADJptsTOOWNCOMPREHENSIVEPLAN;PROVIDING FOR DEFINrnONsVPRolSnTO™RD™J^UC^F0R ST°RMWATER UTTXTTY SERVICES AND HoDS
cI^5"LD?Q'COLLECT*ON AND ENFORCEMENT;PROVTOmG FOR REPEALSEVERABILITYANDANEFFECTIVEDATE."WjiAL,
ACTTOIV:[City Clerk's Note:agenda item 9-C was approved prior to this item Ling
™^T ^lS°item 4^V*-]CiV Cktk Brow»-Mori^read the title of the proposedordmanceandCxtyAttorneyLynnDannheisserintroducedtheitem,noting that Commissioner
Iglesias had found an error that necessitated arevision to page 3,ERU:"the estimated avLae
equals1.S48square feet"r ^
Public Speakers:Gerry Goodman
Conmussioner Iglesias proposed amendments to page 2,section B:"The Mana
audionzed to determine and prescribe the requirements of the stormwater utility s
including all components ofme infrastructure and all necessary or desirable alterations i
and extensions to manage and control stormwater run-off provided such action serves anubile
pWpose>based on recommendations hv a licensed passional CTp,W,,.jZLL,messm?and section C:"The organization and operating procedures of the utility sffbe
nrescnbed bv administratis ,*«*««,a~A «A^.t-*.«*J*.~..,,_.':Mau ^
g^r is
system
repairs
—"Ti r J ."v"w*A«wwwaMoa ana operanng procedures ofthe utility shprescribedbyadministrativeordersandregulationsoftheCityManager,subject to
Commission approval.Jbc City Manager who may appoint employees as ma7be"n^e"to operate theutility.""^rcnecetoop^tr^hV'7 PP emP ^**my te neCeS Saiy
Mayor Samson said the utiHty fee would come on a separate bill from the County,as thev
would continue to collect the utiHty fee on our behalf ($2.50 for single family residences)andc^ge^e City for that service.He asked ifu^
clarified that the money could not be used for repaying unless the street is tom-up related to
stormwater work ^inmissioner Iglesias also explained that DERM requires the first indh of
storm water runoff be treated before it is released into the bay.
Commissioner Iglesias moved,and Commissioner Morrow seconded amotion to approve
the proposed ordinance,as amended on first reading.The motion was approved L a
roll call vote of 5-0 in favor.Second reading,public hearing will be July IS,1999J
Vote:Commissioner Iglesias yes
Commissioner Kaufrman yes
Commissioner Morrow yes j
Vice Mayor Turetsky yes
Mayor Samson yes
Summary Minutes nfriu*Tim *it ioco i>..i«.y:-..ry.
DEC-22-99 16:58 FROM-CITY OF SUNNY ISLES BEACH ••+3059493113 T-785 P-06/11 F-723
8.ORDINANCES FOR SECOND READING (PUBLICHEARINGS)
8A.AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORTOA,AUTHORING
THE ISSUANCE OF A UTILITIES TAX REVENUE BOND,SERIES 1999,OFTTHE
CITY OF SUNNY ISLES BEACH,FLORIDA IN A PRINCIPAL AMOUNT NOl(TO
EXCEED $1,000,000 FOR THE PURPOSES OF FINANCING ALL OR A PORTO)*OF
THE COSTS OF ACQUISITION OF CERTAIN REAL PROPERTY mENTUFIEl!)AS
TRACT A OF THE PERU TOWERS SUBDIVISION AS RECORDED IN P
BOOK 99,PAGE 66 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY
LOCATED BETWEENONNORTH BAY ROAD ANDBETWEEN 181^AND
STREETS IN THE CITY FOR USE ASAPARK AND RECREATION AREA AN
PAYING CERTAIN COSTS RELATED THERETO;DETERMINING THE NEED F
NEGOTIATED SALE OF SUCH BOND TO SUNTRUST BANK,MIAMI
PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BOND AND FOR
RIGHTS,REMEDIES AND SECURITY OF THE OWNERS THEREOF'MAk^w
CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SUCH BOND-
DESIGNATING SUCH BOND AS A -QUALIFIED TAX-EXEMPT OBUGATIDN"
WITHIN TOE MEANING OF SECTION 265(bX3)OF THE INTERNAL REVENUE CODE
OF 1986,AS AMENDED;AUTHORIZING THE PROPER OFFICERS OF THE CTTY TO
DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION
WITH THE ISSUANCE OF SUCH BOND;AND PROVIDING FOR AN EFFEC
DATE.[City Clerk's note:the title was corrected during the meeting]
ACTION:City Clerk Brown-Morilla read the title of the proposed ordinance and City Finhnce
Director Jack Neustadt introduced the item.^^
Public Speakers:Jeffrey Erick;Gerry Goodman
Commissioner Iglesias moved and Commissioner KaufiSnan seconded amotion to adopt the
ordinance on second reading.Ordinance No.99-72 was adopted by a roll call vote oi5-0
in favor.^
Vote:Commissioner Iglesias yes
Commissioner Kauflman yes
Commissioner Morrow yes
Vice-MayorTuretsky yes
Mayor Samson yes
8B.AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ADOPTOlb A
GENERAL PENALTY FOR VIOLATION OF THE CODE OF SUNNY ISLES BEACH
FLORIDA;ESTABLISHING CODE COMPLIANCE RESPONSIBILITY CIVIL
LIABILITY AND PENALTIES FOR VIOLATIONS;PROVIDING FOR SEVERABILITY
PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR A REPEAL OF
CONFLICTING PROVISIONS AND AN EFFECTIVE DATE,
ACTION:City Clerk Brown-Morilla read the title of the proposed ordinance and (bity
Attorney Dannheisser introduced the item.
Summary Minutes ofth*June 17.1004 p nonfat /%*«>rum~;<>o:«»t >*»»»••,»Tk~.«._e _.c -i A
DEC-22-99 16:59 FROM-CITY OF SUNNY ISLES BEACH ••+3059493113 T-785 P.07/11 F-723
Public Speakers:Gerry Goodman;Code &Licensing Enforcement Officer Christopher kteers;
Virginia Wolnowicz;Irv Diamond;Joe Malkin;Acting Building &Zoning Director Bo i>Rufe
i
Commissioner Kauffinan moved and Commissioner Iglesias seconded amotion to adojpt the
ordinance on second reading.Ordinance No.99-73 was adopted byaroll call vote
in favor.
Vote:Commissioner Iglesias yes
Commissioner Kaufrman yes
Commissioner Morrow yes
Vice-MayorTuretskyyes
Mayor Samson yes
of 5-0
8C.AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY JSLES
BEACH,FLORIDA,ADOPTING A REVISED FEESCHEDULEFORZONING
HEARINGS ANDCERTIFICATESOFUSEAND OCCUPANCY ATTACHED AS
EXHIBIT ttA";PROVIDING FOR AN EFFECTIVE DATE.
ACTION:City Clerk Brown-Morilla read the title ofthe proposed ordinance and City 2oning
&Code A&ninistrator Jorge Vera introduced the iteni,noting that me County had rakeXtheir
fees approximately 10%and requested a similar increase in fees.
PublicSpeakers:none
Vice-Mayor Turetsky moved and Commissioner Kauffinan seconded a motion to adott the
ordinance on second reading.Ordinance No.99-74 was adopted bya roll call vote 0f 5-0
in favor.
Vote:Commissioner Iglesias yes
Commissioner Kaufrman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
9.RESOLUTIONS:
9A.A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH,FLORIDA,AUTHORIZING STREETPAVINGFOR GOLDEN SHORES
AND AUTHORIZING THE CITY MANAGER TO MAKE AND ENTER INTO A
CONTRACT ON BEHALF OF THE CITY WTIH H&R PAVING,BASED UPON A
COUNTY BID ATTACHED HERETO AS EXHIBIT "A",IN THE AMOUNT OF SECTY-
ONE THOUSAND SIX HUNDRED FORTY-THREE AND 56/100 ($61,643.56)
DOLLARS;PROVIDING FORAN EFFECTIVE DATE.
ACTION:City Clerk Brown-Morilla read the title,and City Manager DiPietro mtroJmced
the item,saying that the Golden Shores storm water work is being done expeditious y,
Public Speakers:none
Summary Minutes ftfrhft Jwn«17 10CO ttAaiiio*r*Wu j'S***.**;**;,.*.**«*«..«,D*^.^.ilft
DEC-22-99 17:00 FROM-CITY OF SUNNY ISLES BEACH '•+3059493113 T-785 P.08/11 F-723
Commissioner Morrow moved and Vice-Mayor Turetsky seconded a motion to app rove
the proposal Resolution No.99-142 was adopted by aroll call vote of 5-0 in fa[vor.
Vote:Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Monowyes
Vice-MayorTuretskyyes
Mayor Samson yes
9B.ARESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY IsLfiS
BEACH,FLORIDA,PURSUANT TO SECTION 5.1 OF THE MUNICIPAL CHARTTER,
CALLINGFORA GENERAL ELECTION TOBE HELD ON TUESDAY
SEPTEMBER14,1999,FOR THE PURPOSE OF SUBMITTING TO
ELECTORATE OF THE CITY OF SUNNY ISLES BEACH THE NAMES OF
QUALIFIED CANDIDATES FOR ELECTION TO THE POSITION OF c|
COMMISSIONER,SEAT 01 (NORTHERN RESIDENTIAL AREA),AND OF CI
COMMISSIONER,SEAT 03 (SOUTHERN RESIDENTIAL AREA);PROVIDING FOR
A RUN-OFF ELECTION,IF NECESSARY,TO BEHELD ON TUESDAY,OCTOBER
12,1999;PROVIDING FOR CITY COMMISSION DESIGNATION OF TWO
REGISTERED VOTERS WHO SHALL SERVE WITH THE CITY CLERK,CITY
MANAGER,AND THE CITY ATTORNEY AS THE CANVASSING BOARD FOR &MD
GENERAL ELECTION;PROVIDING FOR CONDUCTING THE ELECTIONS,VOT NG
PRECINCTS,VOTER REGISTRATION,NOTICE OF ELECTIONS;AND PROVE)]NG
FOR AN EFFECTIVE DATE.
ACTION:City Clerk Brown-Morilla read the title and introduced the item,requesting mat
the City Commission designate two registered voters to serve on the Canvassing Board
Public Speakers:Judge Manuel Ramos
Nominations for the two registered voters to serve on the Canvassing Board were made as
follows:
Mayor Samson:Manny Pine;Judge Manuel Ramos [declined];Gene Sweed [unable to
serve]'
Commissioner Kauffman:Norman Edelcup
Vice-Mayor Turetsky:Jack Waters [unable to serve]
Commissioner Iglesias:Irv Diamond [unable to serve]
Commissioner Morrow:Manny Pine and Norman Edelcup
Commissioner Morrow moved and Commissioner Kauffinan seconded a motion to appr »ve
the names of Manny Pine and Norman Edelcup to serve on the Canvassing Board,
which was approved bya unanimous voice vote of5-0 in favor.|
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve
the proposed resolution,including the names of Manny Pine and Norman Edelchp.
Resolution No.99-143 was adopted by avoice vote of 5-0 in favor.[City Clerk's njrte:
After the meeting,it was learned that Mr.Edelcup was unable to serve.]
Summary Minutes ofthe June 17 1QQQ Rponlar r*m//VimnieeiArt \Jtm*ri*e,_Da^^^ia
DEC-22-99 17:00 FROM-CITY OF SUNNY ISLES BEACH '*+3059493113 T-785 P.09/11 F-723
9C.A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,REPEALING
RESOLUTION NO.98-49 AND NOTIFYING THE BOARD OF COuEtY
COMMISSIONERS OF MIAMI-DADE COUNTY AND THE DIRECTOR OF W
MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT THAT THE CITY WISHES TO EXERCISE ITS OPTION TO
EXEMPT THECITY OF SUNNY ISLES BEACH FROM THE PROVISIONS OF
91-66 (CHAPTER 24 OF THE CODE OF MIAMI-DADE COUNTY);PROVIDINGFORTRANSMISSIONANDANEFFECTIVEDATE[stormwater utility][
i
ACTION:City Clerk Brown-Morilla read the title,and City Attorney Dannheisser
introduced the item,noting that the City Clerk would be required to send certified <x pies
to DERM and to the Board of County Commissioners.City Manager DiPietro said ths xthe
center part of the City needed stormwater improvements,with a projected cost of
$1,300,000,and there was anticipated revenue of $490,000 per year,which would be
bonded out to pay for the project.The funds would also be used to pay for the street
sweeping program.
Public Speakers:none
Commissioner Morrow clarified that no additional funds would be sought from the property
owners.T
Commissioner Kauffinan moved and Commissioner Iglesias seconded amotion to approve
the proposal Resolution No.99-144 was adopted by a roll call vote of5-0 in fayor.
Vote:Commissioner Iglesias yes
Commissioner Kauffinan yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samsonyes
10.MOTIONS:
10A.POLICE DEPARTMENT WIRING MODIFICATION TO ACCOMMOdItE
EMERGENCY POWER GENERATOR.
ACTION:City Clerk Brown-Morilla read the title,and City Manager DiPietro introdi teed
the item,noting that the lowest price quote for wiring be awarded to EddHelnis Electric for
$7,192.00.
Public Speakers:none
Commissioner Morrow moved and Commissioner Kauffinan seconded a motion to
approve the proposal The motion was approved by a voice vote of5-0 in favor!
Summary Minutes ofthe June 17.1Q«W.Rrmtfcn-dm rAitrni^ainm xia**^*_D*»„a o.x>ia
DEC-22-99 17:01 FROM-CITY OF SUNNY ISLES BEACH ''+3059493113 T-785 P.10/11 F-723
11.DISCUSSION ITEMS:j
11A.Add-On item:Planning Advisory Committee Role:toCity &Land Parks I
ACTION:City Clerk Brown-Morilla read the title,and City Manager DiPietro explained
that there had been a request for the Planning Advisory Committee to have avoice hT
deciding the use of the City parks.He recommended that the City Commission alone
decide the use of the 2.84 acre park site at North Bay Road and 178*Drive,since under
the terms ofthe County funding itis designated as a passive park.He recommendedlthat
the Planning Advisory Committee have avoice in recommending the use ofthe 2.0 acreparksiteatNorthBayRoadandbetween181*and 182 Streets,since it was designated
as an active park.Mayor Samson suggested leaving the recommendation for use of the
2.0-acre site to professionals,with some advice from the Committee.Mayor Sam'sori
suggested atot lot for the passive park.
Commissioner Iglesias said several members ofthe Planning Advisory Committee to ive
requested the City to convene a meeting as soon as possible.He proposed legislatiod to
provide for a permanent Citizen Planning Advisory Committee,and he volunteered tobe
the Chairperson,in a role similar to what Commissioner Morrow has as Chairperson for
the Fashion,Film,Entertainment Production Council.[City Clerk's Note:see agenda
item 9F,in the November 12,1998,City Commission Summary Minutes,Resolution
No.98-98 J He requested the City Attorney to draft such aresolution.j
Commissioner Morrow moved and Commissioner Iglesias seconded a motion toask
the Planning Advisory Committee tomake recommendations ontheuse of the 2 0
acre parksiteatNorthBayRoadand between 181*and 182 Streets.The motio]i
was approved by a voice vote of 5-0 in favor.
11B.Add-On item:Florida League of Cities Annual Conference in Orlando.August 1 >-
21,1999
ACTION:City Clerk Brown-Morilla read the title,and Mayor Samson recommended
that the City Manager and he attended the Florida League of Cities Annual Conference
in Orlando.Vice Mayor Turetsky moved and Commissioner Kaufrman seconded the]
motion to approve having the City Manager and Mayor attend the Florida League
of Cities Annual Conference in Orlando,which was approved bya voice vote of 5-0
in favor.r
11C.Add-Onitem:DadeLeague of Cities
ACTION:Commissioner Kaufrman announced that she declined the City Commissioji's
appointment ofher as the City's voting delegate to the Dade League ofCities.[City
Clerk's note:see agenda item 11B in the May 13,1999,City Commission Summary
Minutes.]
Commissioner Kauffinan moved the nomination of Mayor Samson to be the votin;»
delegate tothe Dade League of Cities.Mayor Samson nominated Commissioner
Kaufrman to be the alternate delegate,but City Manager DiPietro explained that the City
Cornmission had already designated Commission Morrow as the alternate during the '
May 13,1999 City Commission meeting.Commissioner Iglesias seconded the motion
Siimmarv Mimttac nftha TrntA 11 1QOO T>a~.<1«<./*:*..#>»*>___f\.n n A
DEC-22-99 17:02 FROM-CITY OF SUNNY ISLES BEACH '+3059493113 T-785 P.11/11 F-723
nominating Mayor Samson to be the voting delegate to the Dade League of Cities
whichwasapprovedbyavoicevote of5-0 in favor.!'
11D.Add-On item:"Welcome Book"/Code Enforcement I
ACTION:During discussion of 8-B,City Manager DiPietro explained that the Citjr had
issued a"Welcome Book,"copies of which were distributed during the meeting.It was
suggested that the City publicize our Code Enforcement activities and better explaik the
regulations.Acting Building &Zoning Director Bob Ruiz promised to prepare a booklet to
send to all condo Boards regarding compliance with City Codes.T
12.REQUESTS,PETITIONS &OTHER COMMUNICATIONS:
12A.During discussion ofitem 8A,Jeffrey Erick volunteered to help the City create achil
Police Athletic League (PAL).Mayor Samson asked him to come speak with him.+***»
in the meeting Mr.Erick asked if the Chy could have the street repaying work done fester
(he lives on 189 Street)in Golden Shores,since the dust is dangerous to his son whd had
just had aliver transplant.1
i
12B.Virginia Wolnowicz of Florida Ocean Club Condominium,172 and Collins Avenue
complained mat she had been verbally threatened and abused byanomercondonumurri unit
owner in her building (condo association president).She said she had sought Police adVice.
She then asked for the City's help.Mayor Samson suggested she go to "Florid^land
Sales."C^nmiissioner Kauffinan suggested that the Police citizen liaison mi^t be sombone
who could speak with the individual to try to mediate.I
Ms.Wolnowicz also asked ifit was illegal to feed stray cats on the streets.Commissioner
Kauffinan said there were citizen volunteers who were capturing wild cats to have mem
neutered and released.Police Lt Rick Feisthammel said it was not illegal to feed stray£ats.
13.ADJOURNMENT:
Commissioner Morrow moved and Coinmissioner Iglesias seconded amotion to adjourn the
meeting.The motion was approved by aunanimous voice vote of 5-0 at 9:00 p.m.
Respectfully submitted by:Apr^oved b^fiytity Co^mniss^non JulylS,1$99.
Richard Brown-Morilla,City Clerk Davifoamson,Mayor,
^ACT°^h^??^l SStti™SQUIRES YOUR REGISTRATION PRIOR TO LOBBYING PLSASECONTACTTHEGITYCIJSRKFORFORMSANDADDITIONALINFORMATION^fUW*
Summary Minwes ftf the June 17.IQQO RMnf*i>riu,^MMimiwiAM ll.Wiww 1X~.~.~.1A —A 1 A
Jent By:OFFICE OF THE VILLAGE CLERK;305'365 8§14-;Dec-22-99 20:40;Page 2
MINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE,FLORIDA
TUESDAY,OCTOBER 12,1999
COUNCIL CHAMBER
85 WEST MCINTYRE STREET,SECOND FLOOR
1.CALL TO ORDER/ROLL CALL OF MEMBERS:Themeetingwascalledtoorderby
the Mayor at 7:00 p.m.Present were Councilmernhers Scott Bass (arrived 7:10 p.m.),Alan H.Fein,
MortimerFried,RobertOldakowski,ViceMayorGregoryCHanandMayorJoeI.Rasco.
CouncilmemberMarthaF.Broucekwasabsent.AlsopresentwereVillage Manager C.Samuel
Kissinger,Village Clerk Conchita H.Alvarez and Village Attorneys David Wolpin and Richard
Weiss.
2.INVOCATION:FatherGabriel Sinisi,Saint ChristopherVby-the-Sea,gavetheinvocation.
Mayor Rasco welcomed FatherSinisitotheVillageofKey Biscayne.
3.PLEDGE OF ALLEGIANCE:MayorRascoledthePledge of Allegiance.
4.SPECIAL PRESENTATIONS:There werenospecialpresentations.
5.PUBLIC COMMENTS:The following residents addressed theCouncil:Camille
Guething,260SeaviewDrive;Jim Asher,381 West Heather Drive.
6.AGENDA:The Attorney requested to substitute Item 10B byan ordinance asItem 8A;
Mayor Rasco requested the addition ofa discussion concerning sending a letter to affected residents
regarding the sanitary sewer as Item 11A4;Councilmember Fein requested the addition ofa quick
report regarding traffic circles as Item 11A5;Councilmember Oldakowski requested the addition of
a brief discussion regarding the compensation study as Item 11A6.There were no objections tothe
agendachanges.
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;entBy:OFFICE OF THE VILLAGE CLERK;305 <365 8914-;Dec-22-99 20:41;Page 3/8
October12,1999
7.CONSENT AGENDA:The minutes ofthe Special Council Meeting of July 23,1999,the
minutes of the Regular Council Meeting of September 16,1999 and the minutes of the Second
Budget Hearing of September 21,1999 were approved by unanimous consent.
8.ORDINANCES:TheClerkreadthe following ordinance,onfirst reading,by title:
AN ORDINANCE OFTHE VILLAGE COUNCILOFTHE VILLAGE OF KEY BISCAYNE,
FLORIDA,APPROVING AGREEMENT FORCOLLECTION,TRANSPORTATION,AND
DISPOSAL OF SOLID WASTE FOR THE RESIDENTIAL AREAS OF THE VILLAGE
BETWEEN THE VILLAGE AND BFI WASTE SYSTEMS OF NORTH AMERICA,INC;
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Han made a motion to adopt the ordinance on first reading.The motion was seconded
by Councilmember Fried.
The Manager addressed the Council regarding this ordinance stating thatBFIwasthe low bidder.
The ordinance was approved on first reading bya6-0 roll call vote.The vote was as follows:
Councilmembers Bass,Fein,Fried,Oldakowski,ViceMayorHanandMayorRascovotingYes.
The Clerk announced thesecondreadingofthis ordinance forOctober 26,1999.
9.PUBLIC HEARING FORSOLID WASTE FEE:The Clerk readthe following resolution
bytitle:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA,REVISING FEES FOR THE COLLECTION OF SOLID WASTE AND FOR
THE PROVIDING OF RECYCLING SERVICES;AMENDING FEES PROVIDED BY
RESOLUTION 95-9;REPEALING RESOLUTION 95-9;PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Han made a motion to approve the resolution.The motion was seconded by
Councilmember Oldakowski.
The Mayor opened the public hearing.There were no speakers present.The Mayor closed
thepublichearing.
The resolution was adopted bya 6-0 rollcall vote.The vote wasas follows:Counctlmembers Bass,
Fein,Fried,Oldakowski,Vice Mayor HanandMayorRasco voting Yes.
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October 12%1999
10.RESOLUTIONS:The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,FLORIDA;EXPRESSING
SYMPATHY IN THE DEATH OF JACQUELINE V.DE LEON;AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Rasco made a motion to approve the resolution.The motion was seconded by
Councilmember Fein and adopted by a6-0 voice vote.The vote was as follows:Councilmembers
Bass,Fein,Fried,Oldakowski,Vice Mayor Han and Mayor Rasco voting Yes.
TheClerk read thefollowingresolutionby title:
A RESOLUTION OFTHE VILLAGE COUNCIL OFTHE VILLAGE OF KEY BISCAYNE,
FLORIDA;PROVIDING FOR APPOINTMENTS TO THE ZONING ORDINANCE
REVIEW COMMITTEEAS PROVIDED FORINRESOLUTIONNO.99-8;AND
PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Han made a motion to approve the resolution appointing Conchita Suarez and Michael
Kahn tothe ZORC Committee.The motion was seconded by Councilmember Oldakowski and
adopted by a 64)voice vote.The vote was as follows:Councilmembers Bass,Fein,Fried,
Oldakowski,Vice Mayor Han and Mayor RascovotingYes.
TheClerkreadthefollowingresolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OFTHE VILLAGE OF KEY BISCAYNE,
FLORIDA;AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH GORGEOUS LAWNS,MIAMI,FLORIDA,FORTHE
INSTALLATION OFLANDSCAPING,PAVERS,ANDBENCHES WITHIN THE
EASEMENTADJACENTTOTHE FERNWOOD ROAD PERIMETER OFTHE
BELLSOUTH PROPERTY,89WEST WOOD DRIVE;AND PROVIDING FOR AN
EFFECTIVE DATE*
Vice Mayor Han made a motion to approve the resolution.The motion was seconded by Mayor
Rasco.
The Manager addressed theCouncil regarding this resolution.
The resolution was adopted bya 5-1 voice vote.The vote was as follows:Councilmembers Fein,
Fried,Oldakowski,Vice Mayor Han and Mayor Rasco voting Yes.Councilmember Bass voting No.
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October 12,1999
The Clerk read the following resolution by title:
A RESOLUTION OFTHE VILLAGE OFKEY BISCAYNE,FLORIDA;AUTHORIZING
THE VILLAGE MANAGERTO AWARD A SIDEWALK CONSTRUCTIONCONTRACT
FOR WESTWOODDRIVEANDWESTHEATHERDRIVETOMEF CONSTRUCTION,
INC;PROVIDINGFORANEFFECTIVEDATE.
Councilmember Fried made a motion to approve the resolution.The motion was seconded by Vice
MayorHan.
The Manager addressed the Council regarding this resolution stating that after the contractor finishes
working on the traffic calming devices on Island Drive,a work order will be issued to start the work
onWest Heather Drive.The traffic calming devices onWestWood Drive are onhold due tothe
proposed sanitary sewer project
Tony Nolan,Williams Hatfield Stoner addressed the Council regarding the sidewalks
recommeding that the sidewalks be built 8'from theedge of pavement.
Vice Mayor Han made a motion to accept the engineers recommendation to build a5'sidewalk,8'
from the edge of pavement on the south side ofWest Heather Drive and onthe south side of West
WoodDrivefrom Harbor DrivetoCurtiswoodDriveandonthenorthside of West Wood from
CurtiswoodDrivetoCrandonBoulevardasindicatedintheplans.The motion wasseconded by
Councilmember Oldakowski.
The following residents addressed the Council:Dean Holderman,228 WestWood Drive;
Meg Holderman,228 WestWood Drive;Jim Asher,381 West Heather Drive.
Therewas extensive discussion fromCouncilregardingthis issue.
TheAttorney addressed the Council regarding the sidewalks.
The motion was approved bya 4-2roll-call vote.The vote was as follows:Councilmembers Bass,
Fried,Oldakowski and Vice Mayor Han voting Yes.Councilmember Fein and Mayor Rasco voting
No.
Meg Holderman,228West Wood Drive addressed theCouncil.
The resolution was adopted bya 5-1 voice vote.The vote was as follows:Councilmembers Fein,
Fried,Oldakowski,ViceMayor Han and Mayor Rasco voting Yes.Councilmember Bass voting No.
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October 12,1999
11.REPORTS AND RECOMMENDATIONS:The following items were discussed:
Mayor and Connctlmemhers.Mayor Rasco addressed the Council regarding the easement at the
Beach Park with a possible solution to the problem and that is that the East Enid Drive residents will
beableto use the Sunrise Drive easement.
Manuel Arias,217 East Enid Drive,President of Gardens of Key Biscayne addressed the
Council.
Councilmember Bass addressed the Council regarding a request from Miami-Dade County in
reference tothe Dr.Handwerker Monument.The Manager was directed to look into this matter.
Vice Mayor Han made a motion to request that the Village Attorney draft aresolution stating the
Council's position on future referenda that do not follow submission procedure in the Village
Charter.The motion was seconded by Councilmember Fein and failed bya 3-3 voice vote.The vote
was as follows:Councilmembers Fein,Fried andVice Mayor Han votingYes.Councilmembers
Bass,OldakowskiandMayor Rasco votingNo.
The Attorney addressed the Council regarding the above motion.
Mayor Rasco made a motion lo mail out a letter informing the affected property owners in regards
to the final hearing on November 9,1999 in reference to the sanitary sewer system with basic
information regarding the items to be discussed at the meeting.The motion was seconded by
Councilmember Oldakowski and approved bya 6-0 voice vote.The vote was as follows:
Councilmembers Bass,Fein,Fried,Oldakowski,Vice Mayor Han and Mayor Rasco voting Yes.
Councilmember Fein addressed the Council regarding the bcautification of traffic circles onWest
Mashta Drive.
Councilmember Oldakowski addressed the Council regarding the compensation study for the
Village,stating (hat this item will be brought before Council within the next two months.
Village Attorney.The Attorney addressed the Council informing them that a letter will be sent to
them regarding two litigation matters dealing with zoning items.
The Village Attorney addressed the Council regarding the urgency of an Executive Session regarding
Crandon Park.It was the consensus of Council to hold an Executive Session on Friday,October 15,
1999 at 8:00 a.m.
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October 12,1999
At this time it was the consensus of Council to discuss Item 11D5.The Attorney addressed the
Council regarding the acquisition of the 560 Crandon Boulevard property stating his
recommendation not to close on this property.
Elaine Cohen,Weiss Serota Hclfman Pastoriza &Guedes addressed the Council regarding
this issue.
Vice Mayor Han made amotion to terminate the contract to purchase the above mentioned property.
The motion was seconded by Councilmember Bass.Vice Mayor Han withdrew his motion.
Therewas extensive discussion fromCouncilonthisissue.
Councilmember Bass made a motion to terminate the contract to purchase the above mentioned
property.The motion was seconded by Mayor Rasco and failed by a2-4 voice vote.The vote was
as follows:Councilmember Bass and Mayor Rasco voting Yes.Councilmembers Fein,Fried,
Oldakowskiand Vice MayorHan voting No.
Councilmember Fein made a motion to go ahead with the closing to purchase the above mentioned
property.The motion was seconded by Vice Mayor Han and approved by a4-2 voice vote.The vote
wasas follows:Councilmembers Fein,Fried,Oldakowski andViceMayor Han votingYes.
CouncilmemberBassandMayorRascovotingNo.
Village Clerk.The clerk submitted the Certification of the Special Election held October 5,1999.
Vice Mayor Han made amotion accepting the certification of the October 5,1999 Special Election
results as presented by the Clerk.The motion was seconded by Councilmember Fein and adopted
by a5-0 voice vote.The vote was as follows:Councilmembers Bass,Fein,Fried,Vice Mayor Han
and Mayor Rasco voting Yes.Councilmember Oldakowski was out of the room at the time the vote
was taken.
Village Manager.The Manager submitted to Council areport regarding the proposed Fire Station.
John C.Gilbert,Chief of Fire Rescue,addressed the Council regarding the new proposed Fire
Station.At this timeChiefGilbert introduced the new Deputy Fire Rescue Chief,Franklin Barron.
The Manager addressed the Council announcing that the Finance Director has submitted his letter
of resignation.
The Manager addressed the Council reporting on the transportation issue within the Village.The
Chamber of Commerce will hold a symposium regarding this issue within thenexttwo weeks and
willhavea final report to Council bytheend of the year.
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October 12,1999
The Manager submitted to Council an update regarding the Village's Y2K compliance.
The Manager presented to Council aHurricane Preparedness report prepared by the Fire Rescue and
BZP Departments.
The Manager addressed the Council regarding the speed limits within the Village stating that the
Chief of Police is working on a study that will be ready by the end of the year.
The Manager addressed the Council regarding a request from Richard B.Pinsky,the Village's
Lobbyist and the Vice Mayor regarding the Village's program for the year 2000 and any other issue
thatthe Council would like to be involved with.
It was the consensus of Council that the Manager create a list of issues that the Village would like
to be involved with for the year 2000 and bring it before Council at a future meeting.
12.OTHER BUSINESS/GENERAL DISCUSSION:There was no further business discussed
13.SCHEDULE OFFUTUREMEETINGS/EVENTS:A schedule of future meetings and
eventswas presented totheCouncil.
14.ADJOURNMENT:Themeetingwas adjourned at9:40p.m.
fully submitted:
Conchiia H.Alvarez,CMC
Village Clerk
Approved thisML-day of October .1999:
Joe L Rasco
Mayor
IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING,THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND,FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
De'c-21-99 03:S0P CITY MANAGER ,•..'.305 4868919 P.02
-The CtfV frf MINUTES
A w ^^21-^C,TY COMMISSION MEETINGX&VvXlCUl^Sl TUESDAY«SEPTEMBER 7,1999
6 PM
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura.Florida
1.CALL TO ORDER/ROLL CALL:The meeting was called to order at 6:00 p.m.by
Mayor Arthur I.Snyder.Present were Commissioners Arthur Berger,Jay R.Beskin,
Ken Cohen,Harry Holzberg,Jeffrey M.Perlow,Vice Mayor Patricia Rogers-Libert,
Mayor Snyder,City Manager Eric M.Soroka,City Clerk Teresa M.Soroka,and City
Attorney Richard Jay Weiss.As a quorum was determined tobe present,the
meeting commenced.
2.PLEDGE OF ALLEGIANCE.Chief Tom Ribel led the pledge of allegiance.
3.ZONING HEARINGS -SPECIALLYSETBY COMMISSION FOR6 P.M.
Ex-parte communications by Commissioners,if any,were disclosed and filed with
the City Clerk in accordance with Ordinance 96-09.All witnesses giving testimony in
thesehearingswere sworn in by the City Clerk.
A.Mr.Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 1101 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TOALLOWA 500-
GALLON ABOVE-GROUND FUEL STORAGE TANK FOR AN EMERGENCY
GENERATOR IN THE RMF4,MULTI-FAMILY HIGH DENSITY RESIDENTIAL
ZONING DISTRICT,WHERE NO ABOVE GROUND FUEL STORAGETANKS
ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY:
PROVIDING AN EFFECTIVE DATE.
Brenda Kelley,Community Development Director,explained the request ofthe
applicant and entered the staff report into the record.Commissioner Holzberg
disclosed his conflict of interest,filed the appropriate disclosure form and did not
vote on this issue.A motion for approval ofthe resolution was offered by
Commissioner Perlow and seconded by Vice Mayor Rogers-Libert.Mayor
Dec-21-99 03:51P CITY MANAGER .•..305 4668919 P.03
Snyder opened the public hearing.The following individual(s)addressed the
Commission:Brian Damit,Seamar Petroleum,South Miami.There being no
further speakers,the public hearing was closed.The motion for approval ofthe
resolution passed unanimously,6-0,and Resolution No.99-46 was adopted.
4.APPROVAL OF MINUTES:A motion to approve the minutes ofthe August 3,
1999 Commission Meeting,andthe August 25,1999 Workshop Meeting was
offered by Vice Mayor Rogers-Libert,seconded by Commissioner Berger and
unanimously passed.
5.AGENDA:REQUESTSFOR DELETIONS/EMERGENCY ADDITIONS:None.
6.SPECIAL PRESENTATIONS:Joe Abell,Director ofParksandRecreationfor
the City of Coral Gables,presented the Agency Excellence Award tothe
Aventura Community Services Department from theFloridaRecreation and Park
Association.Robert Sherman,Community Services Department Director,
introduced members ofhis staff andthe community who were instrumental in
receipt of this award.
7.CONSENT AGENDA:
Commissioner Berger requested removal of items 7C,7Eand7Fand
Commissioner Holzberg requested removal of item 7G,all from theConsent
Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Libert,seconded by Commissioner Berger,unanimously passed
and the following action was taken:
A.Resolution No.99-47 was adopted as follows:
A RESOLUTION OFTHECITY COMMISSION OFTHECITYOF
AVENTURA,FLORIDA,PROVIDING FOR ACCEPTANCE OF
EASEMENTS FOR DECORATIVE STREET LIGHTING AND
LANDSCAPING FOR NORTHEAST 207TH STREET IN THE CITY OF
AVENTURA;AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING EASEMENTS;
AUTHORIZING ACCEPTANCE OF DEDICATION;PROVIDING FOR
EFFECTIVE DATE.
B.Resolution No.99-48 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OFTHECITYOF
AVENTURA,FLORIDA ESTABLISHING PROCEDURES FOR
Dec-21-99 03:51P CITY MANAGER '-*•305 4668919 P.04
COMMISSION TRAVEL AND EXPENSES;PROVIDING FOR
CONFLICTS;PROVIDING FORSEVERABILITY;AND PROVIDING FOR
AN EFFECTIVE DATE.
D.Resolution No.99-49 wasadoptedas follows:
ARESOLUTIONOFTHECITYCOMMISSIONOFTHE CITY OF
AVENTURA,FLORIDA,APPROVING THE APPOINTMENTS OF
BARBARA BRIGHTONANDPATRICIA CROOK TOTHE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS ADVISORY
BOARD IN ORDERTO FILL VACANCIES;AND PROVIDING AN
EFFECTIVE DATE.
The following items were removed from the Consent Agenda andaddressed
separately:
C.Mr.Weissreadthe following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,AMENDING
THECITYCODEOF ORDINANCES BY CREATING SECTION 2-380
"RESTRICTION ONACTIVITIES BY CITY LOBBYIST"OF ARTICLE VI
"LOBBYING ACTIVITIES"OF CHAPTER 2 "ADMINISTRATION;"
PROHIBITING ANY PERSON RETAINED BY THE CITYTOSERVE AS
A LOBBYIST FROM LOBBYINGTHECITY DURING THETERMOF
SERVICE ANDFORA PERIOD OFONEYEARAFTER COMPLETION
OF SERVICE;PROVIDING PENALTY;PROVIDING FOR INCLUSION IN
CODE;PROVIDING FOR SEVERABILITY;PROVIDING FOR
EFFECTIVE DATE.
Amotion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Beskin.The motion for approval failed 3-4,with Commissioners
Beskin,Perlow and Vice Mayor Rogers-Libert voting yesand Commissioners
Berger,Cohen,Holzberg and Mayor Snyder voting no.
E.Mr.Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITYOF
AVENTURA,FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH
AMENDED FINAL PLAT SECTION 10,TOWNSHIP 52 SOUTH,RANGE
42 EAST CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA;
PROVIDING FOR RECORDATION;PROVIDING AN EFFECTIVE DATE.
The following individuals addressed the Commission:Janet Laine,3900 Island
Blvd.,and Clifford Schulman,Esq.,representing Williams Island.A motion to
3
Dec-21-99 03:52P CITY MANAGER ''''305 4668919 P.05
defer this matter until the October 5,1999 meeting was offered by Commissioner
Berger and seconded by Vice Mayor Rogers-Libert.The motion for deferral
passed 5-2,with Commissioners Holzberg and Perlow voting no.
F.Mr.Weiss readthe following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,AMENDING
THE CITY CODE BY AMENDING CHAPTER 33"PARKS AND
RECREATION"BY CREATING SECTION 33-2 "PARKS AND
RECREATION USER FEES";AUTHORIZING USER FEES TO BE
PROVIDED FOR PARKS AND RECREATION FACILITIES,LEAGUES
ACTIVITIES AND PROGRAMS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE;PROVIDING FOR EFFECTIVE
DATE.
Amotion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Holzberg.Commissioner Berger requested that item C2 be
clarified to read $25 per hour per person.Commissioner Holzberg requested the
user fees be clarified to provide that there will be no per team registration charge
for youth sports.The motion for approval,as amended,passed unanimously by
roll call vote.
G.Mr.Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA,FLORIDA,RETAINING THE FIRM OF RACHLIN COHEN &
HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE
FISCAL YEAR ENDING SEPTEMBER 30,1999;AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT
LETTER;AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Vice Mayor Rogers-Libert.An amendment was offered by Commissioner
Perlow,seconded by Commissioner Holzberg and unanimously passed to
provide a maximum fee cap of $22,500.The motion for approval of the
resolution as amended,passed unanimously and Resolution No.99-50 was
adopted.
8.PUBLIC HEARING:ORDINANCES -FIRST READING:Mr.Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS,ENACTED BY ORDINANCE
NO.99-09,BY AMENDING SECTION 1205 ENTITLED "REPAIR OR