1b1 City of South Miami
2 Regular City Commission Minutes
3 February 2, 2010
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, February 2, 2010, beginning at
9 7:08 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
14 Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
15
16 Also in attendance were: City Attorney Laurence Feingold and
17 Assistant City Attorney Mark A. Goldstein, City Clerk Maria M.
18 Menendez and Acting City Manager Roger Carlton.
19
20 B. Invocation: The invocation was delivered by Mayor Feliu.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 Donation to the American Red Cross
28
29 A check in the amount of $25,000 towards the Haitian Relief
30 Fund was presented by the Mayor, Vice Mayor and Commissioners to
31 Mr. Sam Tidwell, Chief Executive Officer of the American Red
32 Cross South Florida Region.
33
34 Proclamation for Russell Nansen
35
36 The Mayor, Vice Mayor and Commissioners presented a
37 proclamation to Mr. Russell Nansen, in recognition for his
38 generous and valuable contribution to the City while serving as
39 Chairman of the Commission for Senior Citizens for many years.
40
41 After the presentations the Mayor announced a 15- minute
42 break.
43
44
45
CITY COMMISSION MINUTES 1
February 2, 2010
n
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
PT�
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
It was explained to the Commission that the minutes of
January 26 would be included in the February 16, 2010 agenda.
2. City Manager's Report (25 minutes)
a) Emergency repair of Autocar Automated refuse
collection truck no. 2141;
b) Regarding increasing graffiti throughout the City -
Mr. Carlton explained about a new type of software
for security cameras which allows AT &T or any of the
other carriers to install security cameras in homes
or businesses at approximately $8 /month. He said that
this is a real program that will be at little or no
cost to the City and staff is aggressively pursuing
this. Mr. Carlton added that he will be bringing
before the Commission a formal agreement on this;
c) Candidates' Forum Scheduled for February 3, 2010 -
Mr. Carlton referred to a memorandum sent earlier to
the Commission regarding this event;
d) Commissioner Newman requested the status on issues
relating to the Charter school - Mr. Carlton said
that he had not time to meet with the staff of that
school but that he will be doing that before the next
meeting.
e) Commissioner Newman also requested information on any
update regarding AT &T U -verse broadcasting our
meetings - Mr. Carlton said that presently, our
Channel 77 goes out through the cable franchise, but
it does not go out across AT &T U -verse because there
is no mandate for them to do that. He has met with
their technical personnel; the original cost estimate
which is our responsibility is about $20,000 to
convert the signal and so on. After a number of
meetings with AT &T, he said that he believes that we
will be able to get that price down to about $12,000.
He said that the only city that has done this is
Coral Springs and that our technical personnel will
be meeting with them.
With no further comments, the City Manager's Report ended.
CITY COMMISSION MINUTES
February 2, 2010
1
1 3. City Attorney's Report (15 minutes)
2 (NONE)
3
4 PUBLIC REMARKS
5 (5 minutes)
6
7 David Tucker Sr. referred to different newspaper
8 announcements regarding the upcoming election.
9
10 Levy Kelly spoke with concern regarding item no. 7 on the
11 agenda and how it relates to the Madison Square project. He also
12 spoke with concern about rumors indicating that the pool project
13 is being stopped.
14
15 Monica Marulanda addressed the Commission about traffic and
16 speeding vehicles and how the intersection of SW 62" Avenue and
17 SW 42nd Street has become increasingly a dangerous one. She urged
18 the Commission to request traffic calming very much needed in
19 that area of the City.
20
21 Javier Banos concurred with the prior speaker urging the
22 Commission to do something as soon as possible to install some
23 type of traffic calming at the intersection of 62nd and 42nd. He
24 then referred to the item on the agenda relating to hiring a
25 lobbyist, saying that we seem to have a lot of consultants and
26 lobbyists and that he is not sure how much the City has really
27 benefited from them. He then referred to the item on the agenda
28 relating to the pool, urging the Commission to defer the item and
29 wait until a new Commission is in place to see if something could
30 be worked out on that issue.
31
32 Sharon McCain concurred with the prior speaker as it relates
33 to hiring a lobbyist, saying that it is unnecessary at this time
34 and that the money would be better spent on a police officer to
35 patrol the dangerous intersection referred by prior speakers. He
36 had a question about the minor PUD agreement change, saying that
37 loosing 100 parking spaces is not a minor change. Regarding the
38 debate she said that staff should not be involved.
39
40 John Anderson addressed the Commission about traffic and
41 speeding vehicles around his home, SW 60th Avenue and SW 62nd
42 Street.
43
44 Yvonne Beckman referred to the candidates' forum, saying
45 that it is unheard of that City employees were involved in this
46 event and that this does not seem proper to her. She then
47 requested that the three groups of candidates be placed
CITY COMMISSION MINUTES 3
February 2, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
W.
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
PT2
separately to make it clear for anyone watching. She also said
that the questions should be directed from the residents.
Walter Harris spoke against item no. 5 on the agenda
relating to hiring a lobbyist, asking that said item be deferred
as well as item no. 6 relating to the pool. He then spoke about
traffic and the need to do something about it. He also referred
to the candidates' forum with concern about the proposed format.
Bob Welsh addressed the Commission on item no. 5 relating to
hiring a lobbyist. He then referred to newspaper articles
relating to the lobbyist firm and political implications.
Beth Schwartz addressed the Commission thanking Commissioner
Newman for her efforts to bring U -verse facilities to the City.
She then spoke against the candidates' forum as proposed.
Dick Ward referred to the candidates' forum recommending
that the groups should be separated. He then urged the candidates
to conduct a clean campaign.
With no further speakers the public remarks section was
closed.
COMMISSION REPORTS, DISCUSSION
AND REMARKS
(25 minutes)
Commissioner Newman referred to the basketball team and the
issues that have been brought up to the Commission recently. She
said that this team is just as important as the soccer program
and as the football program and that for them not having their
forms on time to participate in a game is not acceptable. She
then announced that Rick Albury, a longtime activist with the
dolphins' project, has just been nominated for an academy award.
Vice Mayor Beasley said that the issues with traffic
problems brought up during public remarks are also the cause of
big concern to him. He also expressed concern regarding the
basketball registration issues brought up by the coach.
Commissioner Palmer also expressed concern with registration
issues with the basketball team. She said that this is a very
strange case given that the Community Center has a staff in place
to take care of these things. She then referred to things printed
CITY COMMISSION MINUTES 4
February 2, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
in the newspaper asking that she be quoted correctly in the
future.
Commissioner Sellars referred to the comments made regarding
the minor changes to the PUD, asking the City Manager to make
sure that at the next meeting he presents a report addressing the
issues that have to be reviewed, and what is considered minor
versus major change.
Mayor Feliu with regard to the candidates' forum comments
said that it was this Commission that directed the City Manager
to find a venue or someone to take care of it. He added that the
Commission decided unanimously that the City Manager should go
forward and find someone. He then referred to FP &L and the
interview conducted by Channel 6 recently. He explained that
about two years ago he stood before the Public Service Commission
while visiting one of Miami -Dade County schools. He said then
that he preferred seeing a nuclear energy plant than a fossil
fuel burning plant because we want to eliminate greenhouse effect
and stop the dependency on foreign oil.
(BEGINNING OF CONSENT)
34 -10 -13068
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO
PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
TO PROMOTE THE ANNUAL DR. MARTIN LUTHER KING JR. BLACK
HISTORY MONTH PARADE SPONSORED BY THE CITY OF SOUTH
MIAMI TO BE HELD ON FEBRUARY 13, 2010; AND PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer, the
motion to approve the Consent Agenda passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
46 (END OF CONSENT)
CITY COMMISSION MINUTES]
February 2, 2010
Yea
Yea
Yea
Yea
Yea
PT
1 RESOLUTION (S)
2
3 35 -10 -13069
4 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
6 MANAGER TO ENTER INTO A CONTRACT WITH CARDENAS
7 PARTNERS, LLC, A GOVERNMENT CONSULTING FIRM, FOR THE
8 PURPOSE OF PROVIDING LEGISLATIVE (LOBBYING) SERVICES;
9 PROVIDING AN EFFECTIVE DATE. 3/5
10 (Acting City Manager)
11
12 Moved by Mayor Feliu, seconded by Commissioner Palmer to
13 approve this item.
14
15 Mr. Carlton presented this item explaining the important
16 role that lobbyists play in bringing dollars to the
17 municipalities.
18
19 At this time Mr. Cardenas was invited to come up to the
20 podium to address the Commission clearing his name against
21 negative statements brought up during public remarks. He
22 explained how his firm has always obtained resources for the
23 different municipalities; he said that they have already began
24 thinking of projects that our City would be qualified for. He
25 also introduced other members of his staff who will be assigned
26 to our City's account.
27
28 Commissioner Palmer referred to the second to the last
29 paragraph of the engagement letter, asking for clarification as
30 to who would be responsible for the third party, or what
31 constitutes a third party.
32
33 Mr. Cardenas said that at this time they do not have one in
34 mind and that the purpose for that paragraph is to give the City
35 authority to instruct them to bring on a third party. He said
36 that they just included that language in the letter so that there
37 is authority on the record for them to deal with the issue with
38 the Manager should the need arise.
39
40 Commissioner Sellars referred to the monthly fee saying that
41 there is a discrepancy between the Manager's proposal and the
42 figure in the engagement letter. Also referring to the engagement
43 letter regarding hiring clients, he said that he wants to make
44 sure that the contact for the City Manager is established so that
45 if that comes up at some point in the future he is not left out
46 and that he can come back to the future City Commission with the
47 information.
CITY COMMISSION MINUTES 6
February 2, 2010
m1a f t!
II
2 Mr. Cardenas said that in the case of a potential conflict
3 issue he will be the contact person, but Mr. Carl Chidlow will be
4 the contact person on a day -to -day basis on the account.
5
6 Commissioner Newman said that it is very important to make
7 sure what the priorities are for the City.
8
9 Mr. Carlton said that by the next meeting, he will be
10 presenting a report to the Commission about what the
11 possibilities would be.
12
13 Commissioner Newman said that what she really wants before
14 the next meeting and before the priorities are decided is having
15 a workshop so that she can have the residents' input.
16
17 Mr. Carlton said that he will be willing to amend his
18 recommendation to include a workshop prior to the establishment
19 of final priorities in Washington.
20
21 Vice Mayor Beasley clarified for the records that this is
22 for a one -year term and that it will be reassessed after a year.
23
24 With no further comments, the motion to approve this item as
25 amended with the workshop included passed by a 5 -0 vote:
26
27 Commissioner Palmer: Yea
28 Vice Mayor Beasley: Yea
29 Commissioner Newman: Yea
30 Commissioner Sellars: Yea
31 Mayor Feliu: Yea
32
33
34 6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
35 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
36 COMPLETE THE MURRAY PARK SWIMMING FACILITY DESIGN;
37 PROVIDING FOR AN EFFECTIVE DATE. 3/5
38 (Acting City Manager)
39 (This item was pulled from the agenda)
40
41 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
OR
43 04 -10 -2029
44 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
45 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
46 DEVELOPMENT CODE SECTION 20 -3.5 ENTITLED "DIMENSIONAL
CITY COMMISSION MINUTES 7
February 2, 2010
1 REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE
2 HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE
3 FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY;
4 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
5 AN EFFECTIVE DATE. (Continued from 1126110 Meeting) 3/5
6 (Vice Mayor Beasley)
7
8 Moved by Mayor Feliu, seconded by Commissioner Palmer and
9 Vice Mayor Beasley to approve this item.
10
11 Mr. Vageline said that the Planning and Zoning Department
12 respectfully requested is that this item be deferred to the March
13 2nd City Commission meeting to allow for additional study of the
14 issues associated with this ordinance, and to provide for
15 additional public input by sending courtesy notices to affected
16 property owners and abutting single- family homes.
17
18 Vice Mayor Beasley asked whether there would be any legal
19 reason for deferring this item.
20
21 Mr. Feingold said that there was no legal reason. Vice Mayor
22 Beasley then said that if there was no legal reason he did not
23 want to defer this item.
24
25 Mr. Feingold clarified that the 500 feet notification does
26 not apply to those property owners claiming that they were not
27 notified because this is just a test amendment to the Land
28 Development Code.
29
30 Commissioner Palmer said that this ordinance has been
31 revised over and over and that she did not have time to read the
32 last revision. She said that the Commission should be given
33 reasonable time to review what is being revised.
34
35 Vice Mayor Beasley said that the revisions that were made
36 did not take any rights from anybody, they just made the language
37 more clear.
38
39 At this time the public hearing was opened.
40
41 Sergio Concepcion addressed the Commission with concern
42 about the impact this ordinance could have on his properties in
43 the event of a fire, hurricane or any other act of God that may
44 destroy his properties and consequently needed to be rebuilt; he
45 also indicated that he had not received any courtesy notice
46 regarding the proposed ordinance.
47
CITY COMMISSION MINUTES 8
February 2, 2010
t-
1 Javier Banos asked the City Attorney whether he found
2 anything legally objectionable to this ordinance.
3
4 Mr. Feingold said that he is still having some concern that
5 we are not distinguishing between the church and the three -story
6 apartments. He then recommended an amendment to resolve the
7 problem.
8
9 Sharon McCain requested clarification regarding the last
10 revision submitted to the Commission.
11
12 Mr. Feingold explained that this does not apply to PUD or
13 pre- existing development agreements.
14
15 Bob Welsh suggested deferring this item.
16
17 Jerry Proctor, representing his client, J. Jacobson of Wood
18 Properties, said that they appreciate the changes that were made
19 in the Revised II version on page 3 of the report which
20 encapsulates what they discussed last week. He then urged the
21 Commission to incorporate that language into the ordinance.
22
23 Yvonne Beckman spoke in favor of this ordinance saying that
24 it was well overdue because a limit of two stories next to
25 residential areas is what the residents want.
26
27 Dr. Zakharia cautioned about potential lawsuits from
28 property owners that will be impacted by the passing of this
29 ordinance. He said that this whole thing is unnecessary; it does
30 not benefit the City or the property owners. He also referred to
31 the property owners that were not notified.
32
33 With no further comments the public hearing was closed.
34
35 At this time Mr. Feingold recommended an amendment to this
36 ordinance:
37
38 Moved by Vice Mayor Beasley, seconded by Commissioner Newman
39 to amend the ordinance to include the following language:
40 Properties presently existing and actually built on the effective
41 date of this ordinance shall be grandfathered in and exempted,
42 and allowed to be rebuilt to the same height if they are
43 destroyed by an act of God or other natural disaster.
44
45 Commissioner Palmer reiterated that she did not have the
46 revised copy until she walked in the Chambers. She said that she
47 did not expect anyone to request that she votes on something that
48 she does not know what the contents are.
49
CITY COMMISSION MINUTES 9
February 2, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
With no further comments on the amendment,
approve the amendment passed by a 4 -1 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
PT
the motion to
Nay
Yea
Yea
Yea
Yea
Mayor Feliu asked for some clarification regarding the
impact of this ordinance on the Madison Square project. Staff
explained that even before the passage of this ordinance,
changing the zoning to three stories would require a five -fifth
vote.
Moved by Commissioner Palmer to defer this item. The motion
died for lack of a second.
With some further comments, the motion to approve this item
as amended passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI
CODE OF ORDINANCES BY REVISING CHAPTER 15, ARTICLE III
SECTION 15 -100 ENTITLED "MALICIOUS DEFACEMENT, MARKING
OF REAL PROPERTY" IN ORDER TO MAKE MALICIOUS MARKING
AND PLACEMENT OF GRAFFITI ON PERSONAL PROPERTY
UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Vageline presented this item. the purpose of this
ordinance is to expand the prohibition against graffiti to
objects and properties which are not on a building, a structure
or a wall.
CITY COMMISSION MINUTES
February 2, 2010
10
mlaflt!
1 At this time the public hearing was opened.
2
3 Sharon McCain distributed pictures taken around the downtown
4 area showing graffiti all over dumpsters, utility poles,. meters
5 and buildings. She said that the ordinance could be strengthened
6 even further, citing the one for Coral Gables which she said to
7 be more forceful. She also urged the Commission to look into the
8 possibility of obtaining a grant to help with the installation of
9 cameras.
10
11 Javier Banos said that the time allowed for painting over
12 the graffiti should be less than 30 days, urging the Commission
13 to amend the ordinance.
14
15 With no further speakers, the public hearing was closed._
16
17 Commissioner Newman moved to amend line 15 of the ordinance,
18 to change the 30 days to 5 days. Seconded by Mayor Feliu.
19
20 Mayor Feliu said that it might be better to copy the Gables'
21 ordinance.
22
23 Mr. Feingold said that the problem right now is that this
24 ordinance is needed so that we can cite personal property,
25 including dumpsters.
26
27 At this time Commissioner Newman withdrew her amendment and
28 Mayor Feliu seconded it.
29
30 Moved by Commissioner Sellars to amend line 15 of page 3 of
31 the ordinance to read: ...within 72 hours upon confirmation of
32 receipt of the Notice described in subsection (e). Seconded by
33 Mayor Feliu, the motion to approve this item as amended passed by
34 a 5 -0 vote:
35
36 Commissioner Palmer: Yea
37 Vice Mayor Beasley: Yea
38 Commissioner Newman: Yea
39 Commissioner Sellars: Yea
40 Mayor Feliu: Yea
41
42 The Commission as this time directed the City Manager to
43 revise this ordinance and make it even more effective.
44
45 06 -10 -2031
46 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
48 TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT
CITY COMMISSION MINUTES 1 1
February 2, 2010
1 6001 SW 70' STREET WHICH SITE PLAN WAS ADOPTED VIA
2 ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2, 2001; THE
3 AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL
4 USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING
5 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
6 AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
7 (Mayor Feliu)
8
9 Moved by Mayor Feliu, seconded by Commissioner Sellars to
10 approve this item.
11
12 Mayor Feliu said that he sponsored this ordinance in order
13 to try to create more of a variety of uses for Valencia that will
14 serve the community and so that we may see those empty
15 storefronts occupied.
16
17 Mr. Youkilis explained that upon suggestions from Vice Mayor
18 Beasley and Commissioner Sellars during the prior reading, staff
19 provided additional language to Section 1, as follows: ...in
20 addition to retail uses ... shall be permitted in the commercial
21 space of the project, provided that each office, business and
22 personal services use is approved by the Special Use permit
23 process set forth in Section 20 -5.8.
24
25 Mr. Youkilis explained that the application fee for Special
26 Use is $3,000. A discussion about the fee followed.
27
28 Commissioner Palmer asked whether is there any other process
29 by which this could be done since this fee seems excessive to
30 impose on a small business, particularly during the present
31 economic situation the country is experiencing.
32
33 The public hearing was opened at this time.
34
35 Natasha Leratti who owns commercial space at Valencia urged
36 the Commission to help the property owners by allowing more uses
37 to be opened there. She said that she has been losing money
38 because of the current regulations.
39
40 David Tucker Sr. said that he knows that Valencia has
41 suffered with the empty spaces on the ground floor and that he
42 will be in favor of any changes as long as the uses are
43 appropriate for the area.
44
45 Moved by Vice Mayor Beasley to extend the meeting for 30
46 minutes passed 11:00 p.m. Seconded by Commissioner Palmer, the
47 motion passed by a 5 -0 vote:
48
CITY COMMISSION MINUTES 12
February 2, 2010
llaTt!
1 Commissioner Palmer: Yea
2 Vice Mayor Beasley: Yea
3 Commissioner Newman: Yea
4 Commissioner Sellars: Yea
5 Mayor Feliu: Yea
6
7 Sharon McCain said that she believes that she does not
8 understand why people buy property and then come after the fact.
9 She said that we need to be careful about what uses are allowed
10 in there because there may not be enough parking. She also said
11 that we need to place parking meetings there.
12
13 John Edward Smith said that we need to encourage more
14 businesses there; we need to get people in there using these
15 facilities that at the same time will encourage others to bring
16 businesses into our community.
17
18 With no further speakers the public hearing was closed.
19
20 At this time Mayor Feliu said that perhaps the fees should
21 be revisited.
22
23 Moved by Commissioner Sellars to amend as set forth on page
24 3 of the report: ...in addition to all ns ud ng retail
25 uses,...provided that each office, business and personal services
26 use is approved by the Special Use permit process set forth in
27 Section 20 -5.8. Seconded by Vice Mayor Beasley, the motion passed
28 by a 5 -0 vote:
29
30 Commissioner Palmer: Yea
31 Vice Mayor Beasley: Yea
32 Commissioner Newman: Yea
33 Commissioner Sellars: Yea
34 Mayor Feliu: Yea
35
36
37 With no further comments, the motion to approve this item as
38 amended and as a whole passed by a 5 -0 vote:
39
40 Commissioner Palmer: Yea
41 Vice Mayor Beasley: Yea
42 Commissioner Newman: Yea
43 Commissioner Sellars: Yea
44 Mayor Feliu: Yea
45
46 At this time the direction to the City Manager was to look
47 at this particular property because it is in the CRA and it is
48 very important to attract business to that property.
CITY COMMISSION MINUTES 13
February 2, 2010
t-
1
2 Mr. Carlton said that the Commission grant fee waivers now
3 for CRA publicly owned property. He then said that he understands
4 that the direction is going to privately owned under a certain
5 criteria.
6
7 RESOLUTION (S) PUBLIC HEARING (S)
8 (NONE)
9
10
11 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
12 (NONE)
13
14
15 ORDINANCE (S) FIRST READING
16
17 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SCHEDULE
19 FEE SCHEDULE; AMENDING ORDINANCE 21 -09 -2013 TO AMEND
20 TEMPORARY FULL ROADWAY AND SIDEWALK CLOSURE PERMIT FEES
21 SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
22 CONFLICT, AND AN EFFECTIVE DATE. 3/5
23 (Acting City Manager)
24
25 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
26 approve this item.
27
28 Mr. Carlton explained that as per the direction of the
29 Commission, staff took a look at these fees and came up with the
30 recommendation that the final fee will be $10,000.
31
32 Commissioner Sellars said for clarification that the new
33 underline looks that it is only related to `40' but the intent is
34 that it relates to both and 40 and 41 and that together they
35 would not be more than $10,000. This will be clarified for the
36 next meeting.
37
38 With no further comments, the motion to approve this item
39 passed by a 5 -0 vote:
40
41 Commissioner Palmer: Yea
42 Vice Mayor Beasley: Yea
43 Commissioner Newman: Yea
CITY COMMISSION MINUTES 14
February 2, 2010
1 Commissioner Sellars: Yea
2 Mayor Feliu: Yea
3
4
5 Moved by Commissioner Sellars to add on the Candidate's
6 Forum Scheduled for February 3, 2010. Seconded by Commissioner
7 Palmer and Vice Mayor Beasley, the motion to approve this item
8 passed by a 5 -0 vote:
9
10 Commissioner Palmer: Yea
11 Vice Mayor Beasley: Yea
12 Commissioner Newman: Yea
13 Commissioner Sellars: Yea
14 Mayor Feliu: Yea
15
16
17 Mr. Carlton explained that last week he learned that the
18 traditional sponsors of the Candidate's Forum were having
19 difficulty raising funds for the costs of this event. He then
20 contacted the City Attorney and the City Clerk regarding the
21 policy of record on this. The policy was adopted in 1980 by the
22 Commission allowing a political forum in this room but that the
23 Manager sets the process. He then contacted the League of Women
24 Voters to see whether they would accept the responsibility of
25 moderating the forum. He said that he made no inquiry as to the
26 procedures because it would not have been ethical for him to do
27 so.
28
29 Commissioner Newman at this time said that the discussion
30 was about the use of the room and the use of the League of Women
31 Voters, and there was to be an email outlining the procedure for
32 the forum. She said that she did not receive an email until
33 yesterday. She said that what the 1980 resolution provides is to
34 give permission to the City Manager to use the room not the
35 forum.
36
37 Mr. Feingold explained that the League of Women Voters have
38 a preset format from which they do not deviate which is different
39 from what the residents here are used to which is having the
40 three groups separately, one hour each. He said that what the
41 City Manager wanted is direction from the Commission as to which
42 process they prefer.
43
44 Moved by Vice Mayor Beasley, seconded by Commissioner
45 Newman, the motion to extend the meeting for another 15 minutes
46 passed by a 5 -0 vote:
47
48 Commissioner Palmer: Yea
CITY COMMISSION MINUTES 15
February 2, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
After certain discussion, Commissioner Newman moved to
accept option no. 2 of the City Manager's Memorandum. Seconded by
Vice Mayor Beasley.
After Mr. Carlton explaining it in detail, Commissioner
Newman said that option no. 2 was not an option for her anymore.
She then moved to use the Chamber tomorrow night, televised, with
Mr. Goldstein as the moderator, and in groups for each seat.
Seconded by Vice Mayor Beasley.
Mayor Feliu said that it is a mistake bringing staff to be a
moderator and to be subject to a political situation.
Commissioner Newman amended her motion to bring John Edward
Smith as the moderator; separating the forum into the three
different seats that are running, in 45- minute increments with
questions pre- written on a card.
Mr. Smith said that the process with which he has been
involved with several forums is that there will be two sets of
questions: questions from a panel, making sure ahead of time that
they are clear and correct; then there will be a second set of
questions from the floor which are in writing. He said that he is
not endorsing any candidate; he is not working with any candidate
and that he has not contributed to any candidate's campaign.
The floor was then opened for other speakers, such as Jim
Dundorf, President of the Homeowners' Association, Javier Banos,
and Sharon McCain.
There being no further business to come before this Body,
the meeting adjourned at 11:59 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
February 2, 2010
16
Approved
Horace G. Feliu
Mayor