1aBT l:tl
1 City of South Miami
2 Regular City Commission Minutes
3 June 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, June 2, 2010, beginning at 7:49
9 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 Philip K. Stoddard, Vice Mayor Valerie Newman, and,
14 Commissioners Brian D. Beasley and Walter A. Harris. Commissioner
15 Velma Palmer was absent.
16
17 Also in attendance were: City Attorney Laurence Feingold,
18 City Clerk Maria M. Menendez and Acting City Manager Buford R.
19 Witt.
20
21 B. Moment of Silence: By Mayor Stoddard.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27
28 NONE
29
30
31 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
OVA
33 1. Approval of Minutes
34
35 Minutes of May 5, 2010
36
37 Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
38 motion to approve the minutes of May 5, 2010 passed by 4 ayes and
39 0 nays.
40
41 2. City Manager's Report (25 minutes)
42
43 • Presentation of Park and Recreation Department
44 Director, Maria Stout -Tate;
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• HR Director applicants under review
• Two employees on administrative leave with pay
recalled;
• Police Department Director announcement;
• The City Project List presented
Manager was as follows:
i. US1 crosswalk
ii. Tree trash recycling
iii. Fuch's Park lighting
iv. Noise ordinance enforcement
v. Madison Square
vi. Murray Park pool
vii. Parking Garage lease /loans
viii. YMCA
ix. Traffic calming
x. 62nd Avenue street improvement
xi. Community Garden /Farmers Market
xii. Sustainability initiative
xiii. Automated parking
by the City
xiv. Transparent access to City information
xv. Tree canopy initiative
• The following are projects update:
i. Traffic calming - Pinecrest Villas: 3June Workshop
ii. Larkin Hospital easement - plan submitted to
Miami -Dade County and is expected back within the
next couple of weeks;
iii. SW 66th Street Improvements Ph II - Design is 60%
complete;
iv. South Miami Metro Pedestrian Crossing:
a. The overpass concept was not approved for
funding through the Air Quality Funds;
b. At -Grade crossing now in planning - we are
exploring other funding sources;
• Vice Mayor Newman recommended that
during the design phase, handicap
accessibility be explored.
• Segafredo Restaurant - long delayed restaurant
construction completed:
i. Approved by the City Commission: 9/16/08
ii. ERPB approval: 11/05/08
iii. ERPB approval for signage: 11/03/09
iv. ERPB approved ext. renovations: 12/01/09
v. ERPB approved minor revisions: 5/25/10
CITY COMMISSION MINUTES
June 2, 2010
Rfj
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a. Several permits pending;
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b. Expected grand opening in July.
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• Code Change Proposal - Package Store 500 ft separation
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from residences:
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i. Proposed variance for US1 corridor
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ii. Many businesses already established
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iii. Separation from residences is from rear of
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building(s)
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iv. Code - the case of US1 seems overly restrictive
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and limits business development in high business
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traffic area.
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• Tree Debris - Public Works & Engineering implementing
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approved vendor for dumping: Vendor mulches debris for
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re -use (Green initiative). Purchase Order has been
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approved.
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• Madison Square - Land -Use and Zoning:
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i. The SMCRA has now acquired a total of 1.9 acres of
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properties required for site development. Pending
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the City's evaluation and appraisal report
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expected in mid June 2010 - the site will be
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eligible for land -use and rezoning and proposals
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will be initiated by the SMCRA.
25
26
• Historic Buildings:
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i. The Acting City Manager recommends amending the
28
LDC to allow the Historic Preservation Board to
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make final decisions on Certificates of
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Appropriateness for historic site building
31
permits;
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ii.Building permit decisions affecting the outside
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appearance of designated historic sites are now
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recommended by the Historic Preservation Board.
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Final decisions are made by the City Commission
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after public hearing. Many of these permits are
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very minor, such as window replacements or small
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commercial signage. It would be a better use of
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the City time and resources and more expeditious
40
for property owners if the final decision on a
41
permit was made by the Historic Preservation
42
Board, allowing for an appeal to the City
43
Commission.
44
45
• Unsafe Structures Update - Board Hearing scheduled to
46
take place on July 14, 2010:
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i. 5889 SW 67th St;
6335 SW 60th Ave;
Ave; 6430 SW 581h
ii. Status:
D
01 SW 60th Ave; 6333 [Ni 60 ;
6351 SW 60th Ave; 6421 SW 59th
Ave.
a. "Unsafe Building" notice posted at each
property;
b. Property owners and lien holders search
completed for each property;
c. "Notice of Violation" and explanation sent to
each property owner and lien holder;
d. "Case Summaries" sent to Board for each
property listed above;
e. Multiple photographs depicting the
conditions of these properties sent to Board.
• Budget Execution:
i. Mr. Witt said that staff is projecting an end -of-
the -year status of a negative $169,000.00,
including pension shortfall. This is as of March
2010 and staff will be tracking it each month and
working in the new budget at the same time. He
said that he believes that this is manageable and
that there is no need for panic.
• 4th of July:
i. We have received a donation from South Miami
Hospital and from the First National Bank of South
Miami; however, this will still be an old - fashion,
low - budget event compared to previous ones.
• Fuel Efficient Vehicles:
i. Public Works will be working towards trading some
of our large vehicles for fuel- efficient, smaller
ones. We will have to determine whether this is
going to be feasible.
With no further comments the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
NONE
With no further comments the City Attorney's Report ended.
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June 2, 2010
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PUBLIC REMA
(5 minutes)
David Tucker Sr. addressed the Commission about the history
of the Constitution of the United States. This time he referred
to the 1689 Bill of Rights of the British Kingdom.
Louis Termineuo addressed the Commission about the item on
the agenda relating to the liquor package store.
Daisy Harrell spoke on behalf of the concerned citizens of
South Miami with regard to Chief Richardson, saying that they
still believe that he was unjustly fired and requested that he be
treated with dignity.
John Edward Smith referred to the item on the agenda
relating to the co- designation of SW 74th Street for Richard
O'Barry, requesting that the resolution be amended in order to
provide that Mr. O'Barry is a resident of South Miami.
Dick Ward said to concur with previous speaker Ms. Harrell.
He said that the Parks and Recreation Board is requesting that
the size of the Board be increased by two members.
Pat Shields said that Public Works recently resolved an
issue she had with a tree on Miller Drive. She said that when the
County chooses to ignore her, Public Works steps in with
diligence to help her and she thanked them for that. She then
spoke of concern with things that are happening and with the fact
that the community is not coming together.
Sharon McCain spoke in support of items no 6 and 10 on the
agenda. She referred to permits she had to pull and pay on behalf
of her condo association, explaining the procedure she had to go
through in the City. She said that her building is single- family
residential and not commercial; therefore she requested
reimbursement for all the money she paid on behalf of the 16
owners that she represents.
Levy Kelly spoke about the need to resolve many issues of
concern in the community.
With no further speakers the public remarks section was
closed.
At this time the Mayor announced a seven - minute break.
CITY COMMISSION MINUTES
June 2, 2010
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1 3. Commission Reports, Discussion & Remarks (25 minutes)
2
3 Mayor Stoddard:
4
5 • Request to remove pavement in the old inspection
6 station by the Post Office;
7 • Persistent problems with the noise coming from the
8 air conditioning on top of Larkins Hospital. Part
9 of the problem is how our Code is written - if
10 Larkins does not correct the problem, then we will
11 have to revise the ordinance;
12 • Request to have a 10 -year statistic on crime on the
13 Police website: would like to see a breakdown of
14 crime in the City vs crime in the County; the
15 number of reverse sting operations, and the number
16 of arrests for drug - related crimes;
17 • A general announcement to the public about his
18 meeting tomorrow with FP &L, the City Attorney and
19 the Finance Director concerning the beginning of
20 negotiations for the franchise agreement and
21 transmission lines, etc.;
22 • A request for the City Clerk to draft thank you
23 letters to the Bank and the Hospital for their
24 contributions for the 4th of July;
25 • About new information concerning police car idling
26 materials. There is a new technology to allow
27 police cars to maintain their air conditioning,
28 radios, etc. without having to idle;
29 • Requested to have a procedure in place to make sure
30 that ongoing projects which sometimes take years to
31 complete continue to be closely monitored to make
32 certain that conditions put in place by prior
33 Commissions continued to be carried out.
34
35 Vice Mayor Newman:
36
37 • Referred to the trees along SW 73rd Street and some
38 on Sunset. The grate surrounding the trees are
39 designed to be able to break off as the tree trunk
40 grows but this has not been done. Therefore, the
41 tree trunks are growing into the grate;
42 • Thanked Commissioner Harris for working tirelessly
43 helping the homeless. She said that Commissioner
44 Harris upon her request was recently instrumental
45 in placing one homeless individual in the Homestead
46 shelter who had been asking for help near her place
47 of work.
CITY CODM7ISSION MINUTES 6
June 2, 2010
t-
1
Commissioner Harris:
2
114 -10 -13148
3
• Attended State Environmental
Conference in West
4
Palm Beach. He said that he would like to have a
5
speaker for the natural gas
company to make a
6
presentation to the Commission
to show how much we
7
will be able to save by using
natural gas instead
8
of electricity;
(Vice Mayor Newman)
9
• Recommended considering the
possibility of
10
installing solar panels at the parks.
115 -10 -13149
11
35
6. A Resolution of the Mayor and of the City Commission
12
Commissioner Beasley:
employing the law firm of Squire Sanders, Luis Reiter
13
37
as Bond Counsel of the City of South Miami
14
• Encouraged anyone interested in
the City to attend
15
board and committee meetings and
provide input.
16
40
effective date.
17
41
(Mayor Stoddard)
18
With no further comments, this section was
closed.
19
43
116 -10 -13150
20
At this time item no. 5 was pulled from
the agenda (now no.
21
8).
City of South Miami, Florida directing the Planning
22
46
Zoning Department and the Planning Board to consider
23
24 (BEGINNING OF CONSENT)
25
26
114 -10 -13148
27
5. A resolution of the Mayor and City Commission of
the
28
City of South Miami, Florida, relating to boards
and
29
committees; appointing Yvonne Beckman to serve on
the
30
Planning Board for a term of two years, ending June
1,
31
2012; and providing an effective date.
3/5
32
(Vice Mayor Newman)
33
34
115 -10 -13149
35
6. A Resolution of the Mayor and of the City Commission
36
employing the law firm of Squire Sanders, Luis Reiter
37
as Bond Counsel of the City of South Miami
in
38
conjunction with the City Municipal Garage and
all
39
other issues of public financing; and providing for
an
40
effective date.
3/5
41
(Mayor Stoddard)
42
43
116 -10 -13150
44
7. A Resolution of the Mayor and City Commission of
the
45
City of South Miami, Florida directing the Planning
and
46
Zoning Department and the Planning Board to consider
an
CITY COMMISSION MINUTES 7
June 2, 2010
1 ordinance revising Land Development Code Section 20-
2 3.3(D) entitled "Permitted Use Schedule" in order to
3 change the existing "School, Elementary or Secondary"
4 and the existing "School Vocational" permitted use
5 categories from "P" Permitted Use to "S" Special Use;
6 and to create a new use type entitled "School, Private
7 and Charter" with all development in the new "School,
8 Private and Charter" use type being classified as an
9 "S" Special Use; and providing for an effective date.
10 3/5
11 (Mayor Stoddard)
12
13 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
14 the motion to approve the Consent Agenda passed by a 4 -0 vote:
15
16 Commissioner Palmer: Absent
17 Vice Mayor Newman: Yea
18 Commissioner Beasley: Yea
19 Commissioner Harris: Yea
20 Mayor Stoddard: Yea
21
22
23 (END OF CONSENT)
24
25 RESOLUTION (S)
26
27 117 -10 -13151
28 8. A Resolution of the Mayor and City Commission of the
29 City of South Miami, Florida, Co- Designating S.W. 74th
30 Street, from S.W. 57th Avenue (Red Road) to S.W. 61st
31 Avenue as Richard O'Barry Drive; Directing the City
32 Manager to submit this Resolution to Miami -Dade County
33 and to take all other necessary actions to carry out
34 the purpose of this Resolution; and providing an
35 effective date. 3/5
36 (Commissioner Harris)
37
38 Moved by Commissioner Beasley, seconded by Vice Mayor
39 Newman to approve this item.
40
41 Commissioner Harris presented this item saying that we have
42 in our midst a real world hero who has been a resident of South
43 Miami for 16 years. Mr. O'Barry has been acclaimed for his many
44 achievements, among which The Cove stands as an important
45 documentary in an effort to save the dolphins.
CITY COMMISSION MINUTES 8
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Moved by Commissioner Beasley, seconded by Vice Mayor
Newman, the motion to amend the resolution to provide that Mr.
O'Barry is a resident of South Miami, and to approve the
resolution as a whole and as amended passed by a 4 -0 vote:
Commissioner Palmer: Absent
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
9. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Rodney L. Williams, to serve
on the South Miami Community Redevelopment Agency
(SMCRA) Board for a two -year term ending May 17, 2012;
and providing an effective date. 3/5
(Deferred 5118110)
(Commissioner Palmer)
Moved by Commissioner Beasley. The item died for lack of a
second.
10. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, employing Warren
Trazenfeld to ascertain if former City Attorney Luis
Figueredo and his law firm committed legal malpractice
in his representation of The City of South Miami in
conjunction with the City Municipal Garage; and
providing for an effective date. 3/5
(Vice Mayor Newman)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
June 2, 2010
Commissioner Palmer:
Absent
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
Mayor Stoddard:
Yea
7
BTEA
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3
4 15 -10 -2040
5 11. An ordinance of the Mayor and City Commission of the
6 City of South Miami, Florida, relating to Chapter 8A of
7 the City Code, repealing Section 8A -2.1 of the Code of
8 Ordinances entitled "Code of Conduct for all Public
9 Officials and Board Members "; providing for
10 severability, ordinances in conflict, and an effective
11 date. 3/5
12 (Vice Mayor Newman)
13
14 Moved by Commissioner Beasley, seconded by Mayor Stoddard
15 to approve this item.
16
17 The public hearing was opened at this time.
18
19 Sharon McCain commended the Commission for repealing this
20 ordinance. She said that the ordinance was abused and used to
21 control the public and that there is no other municipality in
22 the State of Florida with this type of ordinance.
23
24 John Edward Smith spoke against repealing this ordinance.
25 He said that even though he doesn't believe that common sense,
26 good manners and respect for self or others can be legislated,
27 he said that he does believe that there is a need to codify what
28 is a reasonable expectation in conduct.
29
30 David Tucker, Sr. said that there is no substitute for the
31 truth, and that there is no substitute for honesty.
32
33 With no further speakers the public hearing was closed.
34
35 Vice Mayor Newman defended the repealing of this ordinance.
36 She said that our Code already contains provisions for
37 conducting efficient and orderly Commission meetings, as printed
38 at the bottom of every Commission agenda. She added that the new
39 Mayor has managed to conduct orderly meetings without the use of
40 the gavel. She said that she sponsored this ordinance not only
41 because she believes that it violates First Amendment rights,
42 but because is also a hindrance to good governance.
43
44 Mayor Stoddard said that he finds Robert's Rules of Order
45 sufficient for maintaining order at the meetings. He said that
46 some of the provisions in the ordinance could be brought back as
CITY COMMISSION MINUTES 10
June 2, 2010
m1a t!
1 a set of principles if the Commission chooses to do so in the
2 future.
3
4 Commissioner Beasley said that his problem is basically
5 with the abuse of the ordinance by former elected officials.
6 Therefore, the passing of this ordinance is important for
7 preserving the freedom of speech of our community and our City.
8
9 With no further comments, the motion to approve this item
10 passed by a 4 -0 vote:
11
12 Commissioner Palmer: Absent
13 Vice Mayor Newman: Yea
14 Commissioner Beasley: Yea
15 Commissioner Harris: Yea
16 Mayor Stoddard: Yea
17
18
19 12. An Ordinance of the Mayor and City Commission of the
20 City of South Miami, Florida, relating to a request to
21 amend the official zoning map of the City of South
22 Miami Land Development Code by designating a commercial
23 building located at 7221 SW 58 Avenue (aka
24 Bougainvillea Tavern) and legally described as being a
25 portion of Lots 51 and 52, less east 50 feet, in W.A.
26 Larkin's Subdivision, recorded in Plat Book 3, page 198
27 of Miami -Dade County Public Records, as an historic
28 site and by placement of an Historic Preservation
29 Overlay Zone (HP -OV) over the existing zoning use
30 district for this property; providing for severability;
31 providing for ordinances in conflict; and providing an
32 effective date. 4/5
33 (1st Reading 416110)
34 (Acting City Manager)
35
36 This item was pulled from the agenda at the request of the
37 applicant and tentatively scheduled to come back at the City
38 Commission meeting of August 3, 2010.
39
40
41
42 RESOLUTION (S) PUBLIC HEARING (S)
43
44 119 -10 -13153
45 13. A Resolution of the Mayor and City Commission of the
46 City of South Miami, Florida relating to the issuance
47 of a Certificate of Appropriateness pursuant to Section
CITY COMMISSION MINUTES 1 1
June 2, 2010
llaTt�
1 20- 5.19(e)(3) of the Land Development Code to permit
2 the installation of wall signage on a designated
3 historic commercial building located at 5837 Sunset
4 Drive (Shelley Building); providing an effective date.
5 3/5
6 (Acting City Manager)
7
8 Moved by Mayor Stoddard, seconded by Commissioner Beasley
9 to approve this item.
10
11 Mayor Stoddard said that he is in support of this proposal
12 in order to simplify this process.
13
14 Mr. Youkilis explained that there will be an item amending
15 the Code at the Planning Board meeting of June 15th removing this
16 from having always to come before the Commission automatically.
17
18 At this time the public hearing was opened for this and the
19 following two items.
20
21 Sharon McCain requested clarification on item no. 15,
22 asking why this is coming before the Commission for approval
23 after the fact since the roof has already been replaced.
24
25 Mr. Vageline explained that the house is in a historic
26 district and the house is declared historic; it was coming to a
27 point where it was going to be demolished and the new owner put
28 a new roof on it to save it from further destruction by water
29 intrusion. The Historic Preservation Board looked at the roof
30 and they agreed that it was fine.
31
32 Pat Shields, a resident of Cambridge Lawns concurred with
33 Ms. McCain saying that there are procedures in place that must
34 be followed.
35
36 The owner also addressed the Commission explaining that the
37 roof needed to be replaced in order to save the house and that
38 they went through all the proper channels.
39
40 With no further speakers the public hearing was closed.
41
42 Vice Mayor Newman said that the rules have to be applied
43 evenly across the entire City. She then recommended reviewing
44 all permitting process at a future COW meeting.
45
46 With some further comments, the motion to approve this item
47 passed by a 4 -0 vote:
48
CITY COMMISSION MINUTES 12
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
m1a t!
Absent
Yea
Yea
Yea
Yea
120 -10 -13154
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the issuance
of a Certificate of Appropriateness pursuant to Section
20- 5.19(e) (3) of the Land Development Code to the
permit installation of wall signage on a designated
historic commercial building located at 5850B Sunset
Drive (D.J. Red Building); providing an effective date.
3/5
(Acting City Manager)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer: Absent
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
121 -10 -13155
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the issuance
of a Certificate of Appropriateness pursuant to Section
20- 5.19(e) (3) of the Land Development Code to the
permit exterior renovation and roof replacement on a
designated historic single family building located at
6202 SW 56 Street (Miller Dr.)(Cambridge Lawns Historic
District); providing an effective date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
June 2, 2010
13
m1a t�
0
2 Commissioner Palmer: Absent
3 Vice Mayor Newman: Yea
4 Commissioner Beasley: Yea
5 Commissioner Harris: Yea
6 Mayor Stoddard: Yea
7
8
9 ORDINANCE (S) FIRST READING
10
11 16. An Ordinance of the Mayor and City Commission of the
12 City of South Miami, Florida amending the South Miami
13 Code of Ordinances by amending Chapter 4, Alcoholic
14 Beverages Article 1, Section 4 -2 entitled "Distance
15 requirements; nonconforming use; certificate of
16 occupancy "; in order to provide an exemption to the
17 spacing requirements between a liquor package store and
18 residential uses for properties located on US1 (South
19 Dixie Highway) ; providing for severability; providing
20 for ordinances in conflict; and providing for an
21 effective date. 3/5
22 (Acting City Manager)
23
24 Moved by Mayor Stoddard, seconded by Commissioner Harris to
25 approve this item.
26
27 This is a request from property owner David Hill who
28 recently built a retail store complex at 6400 So Dixie Highway.
29 Mr. Hill has a potential package store lessee but before he can
30 lease his property for that use the Code needs to be amended to
31 provide an exemption to the 500 Feet spacing requirement between
32 a liquor package store and residential uses.
33
34 At the request of the Mayor, Mr. Youkilis explained that
35 the five vote rule is required when there is a change in the
36 Comprehensive Plan Land -Use Map or the Land Development Code;
37 this section is in the City Code, so the standard three -fifth
38 vote applies.
39
40 The Commission discussed the proposal.
41
42 Mayor Stoddard pointed out that there is a difference
43 between a package liquor store where the liquor is purchased and
44 taken home as opposed to an establishment where there is onsite
45 consumption. He said that he does not understand what the
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concern is about a store that only sells closed bottles on
premises.
Vice Mayor Newman said that this is just an opening for
more invasive, undesirable behavior into a residential area
regardless of how much buffer is put in place. She said that she
would not be in favor of amending our Code just for one business
and that she would like the entire section reviewed.
With some further comments, the motion to approve this item
failed by a 2 -2 vote:
Commissioner Palmer: Absent
Vice Mayor Newman: Nay
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
There being no further business to come before this Body,
the meeting adjourned at 10:31 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
June 2, 2010
15
Approved
Philip K. Stoddard
Mayor