04-21-09 MinutesDa
1
2 City of South Miami
3 Regular City Commission Minutes
4 April 21, 2009
5
6 CALL TO ORDER:
7
8 The City Commission of the City of South Miami, Florida met
9 in regular session on Tuesday, April 21, 2009, beginning at 7:40
10 p.m., in the City Commission Chambers, 6130 Sunset Drive.
11
12 A. Roll Call:
13 The following members of the City Commission were present:
14 Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
15 Commissioners'Velma Palmer and Valerie Newman.
16
17 Also in attendance were: City Attorney Luis Figueredo, City
18 Clerk Maria M. Menendez and City Manager Ajibola Balogun.
19
20 At this time Mayor Feliu asked for a moment of silence in
21 memory of the late Commissioner Jay Beckman and also for the late
22 former Mayor Cathy McCann.
23
24 B. Invocation: The invocation was delivered by Mr. David Tucker
25 Sr. in remembrance of the late Commissioner Beckman.
26
27
28 C. Pledge of Allegiance:
29 The Pledge of Allegiance was recited in.unison.
30
31
32 D. Presentations(s)
33 (NONE)
34
35
36 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
37
38
39 1. Approval of Minutes
40
41
42 Minutes of March 20, 2009
43
REGULAR CITY COMMISSION 1
MINUTES - April 21, 2009
.1 Moved by Commissioner Palmer, seconded by Vice Mayor
2 Beasley, the motion to approve the minutes of March 20, 2009
3 passed by a 4 -0 vote:
4
5 Commissioner Palmer: Yea
6 Vice Mayor Beasley: Yea
7 Commissioner Newman: Yea
8 Mayor Feliu: Yea
9
10
11 Minutes of April 7, 2009
12
13 Moved by Vice Mayor Beasley, seconded by Commissioner
14 Palmer, the motion to approve the minutes of April 7, 2009 passed
15 by a 4 -0 vote:
16
17 Commissioner Palmer: Yea
18 Vice Mayor Beasley: Yea
19 Commissioner Newman: Yea
20 Mayor Feliu: Yea
21
22
23 City Manager's Report (25- minutes)
24
25 • Requested information on Right -of -Way permit fees paid by
26 64 Development (5966 South Highway Development).
27 • Requested information regarding Red Road Commons.' Employees
28 cross reference list (hiring requirement report reviewed by
29 CRA)
30 • Bee Hive reported during last City Commission Meeting- 6721
31 SW 62nd Court.
32 • Retail Use - .South Miami Hospital Property.
33 • Information requested regarding Red Road Commons Property
34 Taxes if property is purchased by University of Miami.
35 • Request to table items no. 14 and 30 on the agenda;
36 (Balogun)
37 • Information regarding items that were removed from the
38 agenda prior to the meeting: Item relating to property
39 located at 7641 SW 62nd Ave not on the agenda which was
40 pulled by the applicant; and a lst reading ordinance on an
41 LDC amendment that would modify the definition of commercial
42 vehicles; (Vageline)
43 • Announced request to table items no. 4, 5, 9 and 28;
44 (Palmer)
45 • Also announcing that the memorial for former Mayor McCann
46 will be held Saturday, May 2, 2009 at the First United.
47 Methodist Church at 2:00 p.m.; in lieu of flowers, Ms.
48 McCann has requested that donations be given to Habitat for
REGULAR CITY COMMISSION 2
MINUTES - April 21, 2009
1 Humanity for which she passionately worked for a long time;
2 (Palmer)
3
4 With some further comments the City Manager's Report ended.
5
6
7 2. City Attorney's Report (15- minutes)
8
9 (NONE)
10
11
12
13 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14
15 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
17 CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED
18 ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION
19 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT FUNCTIONS AND
20 DUTIES "; TO INCLUDE SUBSECTION (E) ; PROHIBITING FORMER
21 EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED
22 THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT
23 AGAINST THE CITY FROM SEEKING RE- EMPLOYMENT AT THE
24 CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW; PROVIDING
25 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
26 EFFECTIVE DATE. (Deferred 3117109) 3/5
27 (Commissioner Palmer)
28
29 Moved by Commissioner Palmer, seconded by Mayor Feliu, the
30 motion to table this item passed by a 3 -1 vote:
31
32 Commissioner Palmer: Yea
33 Vice Mayor Beasley: Yea
34 Commissioner Newman: Nay
35 Mayor Feliu: Yea
36
37
38 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
39 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION
40 OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES
41 CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT,"
42 SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN
43 ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR
44 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
45 PROVIDING AN EFFECTIVE DATE. (Deferred 3117109) 3/5
46 (Commissioner Palmer)
REGULAR CITY COMMISSION 3
MINUTES - April 21, 2009
39
40
41
42
43
44
45
46
47
48
Moved by Commissioner Palmer, seconded by Mayor Feliu, the
motion to table this item passed by a 3 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Nay
Mayor Feliu: Yea
6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S
CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE
SHALL BE ENTITLED "LOT MAINTENANCE AND ABANDONED
PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND
MISCELLANEOUS PROVISIONS "; PROVIDING FOR. FINES,
STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF
ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR
AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES;
PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT,
IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING
FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL
.BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS
TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN
CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE. (Deferred 311 7109) 3/5
(Commissioner Newman)
Moved by Commissioner Newman, seconded by Mayor Feliu, the
motion to withdraw this item to be substituted with item no. 10
on the agenda passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
56 -09 -12865
7. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20 -4.4 (B) -OF THE LAND
DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO
REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO
TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
4
R
FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE
GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY
WITHIN A "LO" LOW - INTENSITY OFFICE USE DISTRICT LOCATED
AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Commissioner Palmer, seconded by Mayor Feliu to
approve this item.
Mr. Youkilis presented this item. Due to the conversion from
warehouse to office, the building will now require 26 parking
spaces. The site plan previously submitted has now been revised
to indicate that the site can accommodate 23 spaces in the open
area on the east side of the building. The three on- street spaces
abutting the property will be counted toward the required parking
for a total of .26 spaces. It is recommended that the proposed
variance to allow the 5 -foot perimeter landscape buffer be
reduced to 2.5 feet. The applicant is also requesting that the
fees be waived. The Planning Board at its meeting of February 24,
2009 adopted a motion of 5 -1 vote recommending approval.
Vice Mayor Beasley spoke with concern in terms of setting a
precedent by granting a variance, asking for any possible options
that would not require a variance. CRA Director David said that
the architect pushed the design to the limits in order to avoid
the request of a variance, however, the constraints of the site
would not allow for the 5 -foot landscape buffer.
At this time the public hearing was opened and the speakers
were sworn in.
Sharon McCain said she concurred with the Vice Mayor in
terms of the City not abiding with its own rules when it comes to
one of its properties. She then recommended for the applicant to
pay into the parking infrastructure fund for the parking spaces
deficit.
Dick Ward urged the Commission to consider providing the
recreation programs some of the spaces of the building.
With no further speakers, the public hearing was closed.
Moved by Commissioner Newman, seconded by Mayor Feliu to
amend the resolution by striking Section 4, lines 49 -50 relating
to the request that the annual application fee of $3,000 be
waived.
Mayor Feliu concurred with the notion that the City should
abide by its own rules; however, the issue here is hardship, he
REGULAR CITY COMMISSION 5
MINUTES - April 21, 2009
1
said. In addition, the purpose of the CRA is to try to create
2
funds that would go back into the community. The idea of the
CRA
3
is to make sure that as much money as possible stays in
the
4
community in the CPA district. He said that
the purpose of
the
5
CRA is to create affordable_ housing and infrastructure.
6
7
Commissioner Palmer said that there is
nothing new about
8
waiving fees and in this particular instance we would just
be
9
helping them to move ahead.
10
11
With some further comments, the above
proposed amendment
12
failed by a 2 -2 vote:
13
14
Commissioner Palmer:
Nay
15
Vice Mayor Beasley:
Yea
16
Commissioner Newman:
Yea
17
Mayor Feliu:
Nay
18
19
At this time staff and the Commission discussed
the
20
possibility of using one of the bays of
the building
to
21
accommodate the recreational program at no cost
to the City.
22
23
Moved by Commissioner Newman to amend
the resolution
to
24
reflect that one bay will be used at no charge for
the
25
recreational program. Seconded by Commissioner
Palmer, the motion
26
to approve this amendment and the resolution
as a whole and
as
27
amended passed by a 4 -0 vote:
28
29
Commissioner Palmer:
Yea
30
Vice Mayor Beasley:
Yea
31
Commissioner Newman:
Yea
32
Mayor Feliu:
Yea
33
34
35 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
M
37 8. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
38 THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE
39 EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
40 AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
41 AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
42 FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
43 LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
44 CONSERVATION; RECREATION AND OPEN SPACE;
45 INTERGOVERNMENTAL COORDINATION; AND CAPITAL
46 IMPROVEMENTS;; PROVIDING FOR SEVERABILITY, ORDINANCES
47 IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
48
REGULAR CITY COMMISSION 6
MINUTES - April 21, 2009
W
37
38
39
40
41
42
43
44
45
46
47
48
49
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Balogun asked if anyone in the Commission would like to
sponsor this item, and whether they wanted to present it at this
time or later when is properly sponsored by one of the Commission
members since staff did not have a position and did not sponsor
this item, it was rather sponsored by the late Commissioner
Beckman.
Mayor Feliu said that with all due respect, he was not in
favor of this way of doing the EAR process; we did bring a
professional from the State who explained the Commission as to
the right way to submit the EAR process, and separating the whole
process was not one of the recommendations on the part of the
State as to how to submit the EAR. The Mayor then offered the
Vice Mayor to sponsor the ordinance.
Vice Mayor Beasley accepted to sponsor the ordinance on the
EAR; however, he said that he wishes to revise it according to
his own recommendations.
Counselor Figueredo then advised that if the ordinance was
going to be revised that it would have to go back to the Planning
Board, and in that case the best thing would be to let the item
fail and bring the new one later on.
With no further comments, the motion to approve this item
failed by a 2 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Nay
ORDINANCE (S) FIRST READING
9. AN ORDINANCE -OF THE MAYOR AND
CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO THE CITY'S
CODE OF ORDINANCES, CREATING
SECTION 2 -22 ENTITLED
"TERM LIMITS" LIMITING TERMS OF
OFFICE FOR COMMITTEE OR
BOARD MEMBERS SERVING ON A
PARTICULAR BOARD OR
COMMITTEE TO TWO CONSECUTIVE
TERMS; PROVIDING FOR
CODIFICATION, ORDINANCES IN CONFLICT AND AN EFFECTIVE
DATE.
(Deferred 3117109) 3/5
(Commissioner
Palmer)
Moved by Commissioner Palmer, seconded by Mayor Feliu,
motion to table this item passed by a 4 -0 vote:
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
7
the
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
48
49
50
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S
CODE OF ORDINANCES, AMENDING CHAPTER 12, ENTITLED
"HEALTH AND SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4
RELATING TO "LOT MAINTENANCE AND ABANDONED PROPERTY;"
PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND
A DETERMINATION OF ABANDONED PROPERTY; PROVIDING
REQUIREMENT THAT MORTGAGE HOLDERS UPON ENACTMENT OF
HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL
BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS
TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN
CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE. 3/5
(Commissioner Newman)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Commissioner Newman said - that this came as a request from
many different residents who are in areas where there are
foreclosures and the lots are not being maintained. The intention
of this ordinance is to make it easier for staff to enforce the
rules.
Mr. Balogun explained that this ordinance will take effect
after the passing of HB 874, and SB 1044. Other cities have
adopted these policies, however, they are having challenges with
it and that is why we decided to wait until the bill passes
tentatively by the end of the summer.
Mayor Feliu said that this ordinance is a good idea.
Commissioner Palmer had a question about the ordinance being
dependent on the passing of the House and Senate bills referred
above, and how the ordinance will be impacted if the bills do not
pass as expected.
Mr.. Balogun said that we can always come back with a revised
ordinance accordingly.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
Commissioner Palmer: Yea
n. •
1 Vice Mayor Beasley: Yea
2 Commissioner Newman: Yea
3 Mayor Feliu: Yea
4
5
6 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE
8 AMENDING CHAPTER 15 BY ADDING SECTION 15 -100.1 ENTITLED
9 "ANIMAL NOISES "; PROVIDING A VIOLATION FOR FREQUENT,
10 HABITUAL OR CONTINUED NOISE FROM AN ANIMAL; PROVIDING
11 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
12 EFFECTIVE DATE. 3/5
13 (Commissioner Newman)
14
15 Moved by Commissioner Palmer, seconded by Mayor Feliu to
16 approve this item.
17
18 Commissioner Newman said that our current ordinance does not
19 seem to be strong enough to be enforceable. After clarifying that
20 she loves dogs, having three of her own, still she sees the need
21 for having some control over those that continue barking
22 endlessly. This will make it possible for Code Enforcement to
23 provide some relief to the problems that we have been
24 experiencing in the community.
25
26 Mayor Feliu said that he has received numerous emails about
27 the same complaint, adding that we need to have the ability to
28 provide relief to the affected neighbors in the community.
29
30 With no further comments, the motion to approve this item
31 passed by a 4 -0 vote:
32
33 Commissioner Palmer: Yea
34 Vice Mayor Beasley: Yea
35 Commissioner Newman: Yea
36 Mayor Feliu: Yea
37
38
39 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
41 SOUTH MIAMI'S COMMUNITY RELATIONS BOARD (CRB); AMENDING
42 THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE
43 HOMELESS IN OUR COMMUNITY, TO SEEK PROFESSIONAL AND
44 ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE SENSITIVITY
45 TRAINING TO LAW ENFORCEMENT AND THE COMMUNITY AT LARGE
46 TO THE NEEDS OF THE HOMELESS; AND (2) REDUCING THE
47 NUMBER OF MEMBERS PROVIDING FOR SEVERABILITY,
48 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
49 (Mayor Feliu)
REGULAR CITY COMMISSION 9
MINUTES - April 21, 2009
1
2
3 Moved by Mayor Feliu, seconded by Commissioners Palmer and
4 Newman to approve this item.
5
6 Mayor Feliu said that with the growing number of homeless
7 people in the community, there is a need to train the staff
8 involved with relocating the homeless on how to treat them with
9 compassion.
10
11 Commissioner' Palmer said that she is in favor of this
12 ordinance; however, she did not see any guidelines to follow
13 through with this effort.
14
15 Mr. Balogun explained that after the passing of this
16 ordinance the CRB intends to get back together and start working
17 with the Police Department, as well as contacting the Homeless
18 Coalition.
19
20 With some further comments, the motion to approve this item
21 passed by a 4 -0 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Beasley: Yea
25 Commissioner Newman: Yea
26 Mayor Feliu: Yea
27
28
29 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI; FLORIDA RELATING 'COMMISSION
31 MEETINGS; AMENDING SECTION 2- 2.1(J) OF THE CITY OF
32 SOUTH MIAMI'S CODE OF ORDINANCES, ENTITLED "MANNER OF
33 ADDRESSING COMMISSION; TIME LIMIT" LIMITING PUBLIC
34 REMARKS TO THIRTY MINUTES, PER MEETING; PROVIDING FOR
35 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
36 DATE. - 3/5
37 (Mayor Feliu)
38
39 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
40 motion to table this item failed by a 2 -2 vote:
41
42 Commissioner Palmer: Yea
43 Vice Mayor Beasley: Nay
44 Commissioner Newman: Nay
45 Mayor Feliu: Yea
46 Mayor Feliu said that he sponsored this ordinance to
47 basically have a better sense of time when it comes to items on
48 the agenda that will be heard by the public.
49
REGULAR CITY COMMISSION 10
MINUTES - April 21, 2009
1 Commissioner Newman said that she would not want to
2 sacrifice hearing input from the public, and in 30 minutes only
3 six people will be able to speak. She said that she could not
4 support this ordinance because she does not feel it provides for
5 a fair process.
6
7 Vice Mayor Beasley said that he does not think that the
8 'public would like to speak at the end of the meeting, as the
9 Mayor suggested, because by then the items would have been heard
10 so the public would not have an interest in making comments on
11 them.
12
13 Commissioner Palmer said that 2 -3 years ago she brought
14 forward a similar proposal and was defeated. She said that there
15. must be a balance with everything; too many times important
16 things are left undone because of lack of time. One thing that is
17 affecting the meetings is repetition; many times the same things
18 are said during public remarks and again during the public
19 hearing of the same item.
20
21 With some further comments, the motion to approve this item
22 failed by a 2 -2 vote:
23
24 Commissioner Palmer: Yea
25 Vice Mayor Beasley: Nay
26 Commissioner Newman: Nay
27 Mayor Feliu: Yea
28
29
30 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH
32 MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE
33 PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER
34 TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE
35 PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN
36 TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS;
37 PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
38 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Mayor Feliu, seconded by Commissioner Palmer, the
42 motion to table this item passed by a 4 -0 vote:
43
44 Commissioner Palmer: Yea
45 Vice Mayor Beasley: Yea
46 Commissioner Newman: Yea
47 Mayor Feliu: Yea
48
49
REGULAR CITY COMMISSION 1 1
MINUTES - April 21, 2009
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
48
49
PUBLIC REMARKS
(5 minutes)
Walter Harris said that on SW 64 Ct off of Sunset, and
because of the road construction, all motorists are making a left
to go down SW 70 Street which is making the area very unsafe; he
said that he wants to be involved in the homeless efforts and the
CRB; he then urged the Commission to do something to honor the
late Commissioner Beckman and also former Mayor McCann.
Jim Dundorf, president of the SMHA said that the homeowners
at their recent meeting proposed to name a street after
Commissioner Beckman and former Mayor McCann. Mr. Dundorf brought
it up for the Commission's consideration.
Bob Welsh referred to the new restaurant that' will be
opening at one of the facilities of South Miami Hospital. He said
that the mechanical equipment occupying part of those facilities
constitutes a violation of the zoning.
David Tucker Sr. referred to an old piece of proposed
legislation concerning guns, saying that the reason why he was
opposed to it at the time is because it was an all inclusive law
and that he fought against it because it was faulty.
Rene Guim extended his condolences to the families and
friends of both Commissioner Beckman and former Mayor McCann. He
then urged staff to update the website accordingly.
Levy Kelly also extended his condolences to the families of
the deceased. He then urged the Commission to hold on to the item
related to the EAR process until there is a full sitting
Commission.
John Edward Smith also referred to the loss of Commission
Beckman and former Mayor McCann, urging the Commission to honor
their memory in some special way.
Dick Ward referred to item no. 19 on the agenda, saying that
based on his experience, the company being recommended for the
improvements to the Murray Park Athletic Fields is not the best
of the three presenting bids; he said that perhaps is the lowest
but certainly the other proposals are better.
Sharon McCain referred to several items on the Consent
Agenda, recommending pulling them for discussion. She made
comments on items regarding the election payment and also on
board appointments.
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
12
1
2
3
4
5
6
With no further speakers the public remarks section was
closed.
At this time the following items were pulled from the
Consent: 15, 16, 19, 20, 21, 28 and 29.
CONSENT
57 -09 -12866
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, .FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO AIR FORCE
MECHANICAL, INC. FOR THE REPLACEMENT OF A TRANE 7.5 TON
AIR CONDITIONING UNIT AT THE POLICE DEPARTMENT IN AN
AMOUNT OF $7,770.00 TO BE CHARGED TO BUILDING
MAINTENANCE OPERATING EQUIPMENT ACCOUNT NUMBER 001 -
1710- 519 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
58 -09 -12867
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO RENEW CONTRACT NO. AP 579, A JOINT PROJECT
AGREEMENT FOR FY 2009/2010 WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE
MAINTENANCE FUNDING IN THE AMOUNT OF $3,592.00; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
59 -09 -12868
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING DEAN WHITMAN TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS ENDING APRIL 20,
2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
60 -09 -12869
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING CHARLES RUIZ DE CASTILLA TO
SERVE ON THE GREEN TASK FORCE FOR AN UNEXPIRED TERM
ENDING DECEMBER 3, 2009; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
61 -09 -12870
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
13
41
42
43
44
45
46
47
48
COMMITTEES; APPOINTING GIORGIO BALLI, TO SERVE ON THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR AN
UNEXPIRED TERM ENDING MAY 5, 2010; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
62 -09 -12871
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING JANET LAUNCELOTT TO SERVE ON
THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR,
ENDING APRIL 20, 2010; AND PROVIDING AN EFFECTIVE DATE.
(Mayor Feliu)
63 -09 -12872
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARY SCOTT RUSSELL TO SERVE
ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE
YEAR, ENDING APRIL 20, 2010; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
64 -09 -12873
22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING JOHN EDWARD SMITH TO SERVE ON
THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF ONE YEAR,
ENDING APRIL 20, 2010; AND PROVIDING AN EFFECTIVE DATE.
(Mayor Feliu)
Moved by Commissioner Palmer, seconded by Mayor Feliu, the
motion to approve the Consent Agenda passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
RESOLUTION (S)
65 -09 -12874
23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO KILPATRICK TURF &
COMMERCIAL EQUIPMENT FOR THE PURCHASE OF A TURFCO XL
METE- R -MATIC TOPDRESSER AND A BANNERMAN BALLPARK FIELD
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
14
1 CONDITIONER IN AN AMOUNT OF $18,715.00 TO BE CHARGED TO
2 PARKS LANDSCAPING MAINTENANCE OPERATING EQUIPMENT
3 ACCOUNT NUMBER 001 - 1750 - 519 -6430; PROVIDING FOR AN
4 EFFECTIVE DATE. 3/5
5 (City Manager)
6
7 Moved by Mayor Feliu, seconded by Commissioner Palmer to
8 approve this item.
9
10 Commissioner Newman said that she would like to have an
11 analysis comparing the cost of outside contracting versus having
12 an employee doing the job. Assistant Public Works Director de la
13 Torre provided clarification on the type of equipment being
14 acquired, its uses and other pertinent information.
15
16 Commissioner Palmer asked whether this is one of the
17 equipments to which the late Commissioner Beckman referred during
18 the past budget hearings where he recommended replacing old
19 equipment which could become more costly to repair. Mr. de la
20 Torre said that this is one of those equipments referred by the
21 late Commissioner.
22
23 With no further comments, the motion to approve this item
24 passed by a 4 -0 vote:
25
26 Commissioner Palmer: Yea
27 Vice Mayor Beasley: Yea
28 Commissioner Newman: Yea
29 Mayor Feliu: Yea
30
31
32 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
33 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
34 MANAGER TO ISSUE A PURCHASE ORDER TO PITTS ENGINE AND
35 TRANSMISSION, INC. FOR THE TRANSMISSION REPAIR TO VOLVO
36 AUTOMATED REFUSE COLLECTION TRUCK NO. 2137 IN AN AMOUNT
37 OF $7,142.26 TO BE CHARGED TO EQUIPMENT MAINTENANCE
38 OUTSIDE SERVICE ACCOUNT NUMBER 001 - 1760 - 519 -4680;
39 PROVIDING FOR AN EFFECTIVE DATE. 3/5
40 (City Manager)
41
42 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
43 approve this item.
44
45 Commissioner Newman asked whether we have qualified staff to
46 work on the transmission garbage trucks, and how many trucks do
47 we have. Mr. Balogun responded that we do not have qualified
48 staff for that purpose, and that this would constitute the third
49 truck that we have. She then had questions about the percentage
REGULAR CITY COMMISSION 15
MINUTES - April 21, 2009
1 discount that we are getting; she also found a difference between
2 the cost on the invoices and the cost on the price list for every
3 single item. Due to these and other questions,. Commissioner
4 Newman requested that the item be deferred.
5
6 Moved by Vice Mayor Beasley, seconded by Commissioner Newman
7 the motion to defer this item passed by a 4 -0 vote:
8
9 Commissioner Palmer: Yea
10 Vice Mayor Beasley: Yea
11 Commissioner Newman: Yea
12 Mayor Feliu: Yea
13
14
15 25. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
16 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
17 ISSUE WORK ORDER TO DENY SOD SERVICE CORPORATION IN AN
18 AMOUNT OF $15,250.00 FOR SAFETY IMPROVEMENTS TO THE
19 MURRAY PARK ATHLETIC FIELDS AND TO CHARGE THE COST OF
20 IMPROVEMENTS TO THE MULTI- PURPOSE CENTER ACCOUNT NUMBER
21 001 - 2020 - 519 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5
22 (City Manager)
23
24 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
25 approve this item.
26
27 Commissioner Newman referred to the proposal from the
28 recommended company, saying that the second proposal offered a
29 better product, and even though it is higher in price, she said
30 that the offer as detailed seems superior to the one provided by
31 the company being recommended in the resolution.
32
33 Commissioner Palmer said that the Commission has the right
34 to look after what is best for the City; however, she said that
35 she has to trust staff in terms of expertise when it comes to
36 certain things.
37
38 Commissioner Newman said that her concern is that the
39 estimate from Jeny Sod is not complete, and that she would not
40 vote for this until she has details of what their scope of work
41 is, and also what the warranty is.
42
43 Moved by Vice Mayor Beasley, seconded by Commissioner
44 Newman, the motion to defer this item passed by a 4 -0 vote:
45
46 Commissioner Palmer: Yea
47 Vice Mayor Beasley: Yea
48 Commissioner Newman: Yea
49 Mayor Feliu: Yea
50
REGULAR CITY COMMISSION 16
MINUTES - April 21, 2009
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
66 -09 -12875
26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPROPRIATIONS FOR THE NOVEMBER 4, 2008 SPECIAL
ELECTION FOR THE CITY OF SOUTH MI°AMI; APPROVING THE
EXPENDITURE OF $7,246.00 FOR ELECTION COSTS; CHARGING
$21467.64 TO THE ELECTION ACCOUNT NO. 001- 1200 -512-
4920; AND $4,778.36 TO THE NON - DEPARTMENT GENERAL
CONTINGENCY ACCOUNT NO. 001 - 2100 - 519 -9920 AND PROVIDING
AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Palmer, seconded by Mayor Feliu to
approve this item.
Commissioner Newman had a question about the remaining
balance of $4,000 from the 2008 election.
Mr. Balogun explained that the above - referred balance was
from the prior fiscal year. When we close the year, we move the
money into the General Contingency account. Mr. Balogun. said that
this practice is recommended by the auditors.
With some further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
67 -09 -12876
27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
APPROPRIATIONS FOR THE JUNE 9, 2009 SPECIAL ELECTION
FOR THE CITY OF SOUTH MIAMI; APPROVING THE EXPENDITURE
OF UP TO $25,000.00 FOR ELECTION COSTS FROM THE
UNDESIGNATED CONTINGENCY CASH RESERVE FUND; CHARGING
PAYMENT TO THE ELECTIONS ACCOUNT NO. 001 - 1200 - 512 -4920;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by and Vice Mayor Beasley to
approve this item.
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
17
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
48
Moved by Mayor Feliu, Seconded by Vice Mayor Beasley to
accept the estimate from the Elections Department in the amount
of $23,047.00.
After some discussion about the above amount Commissioner
Palmer proposed to amend the above motion.
Moved by Commissioner Palmer, to amend the resolution to
reflect $25,000.00. Seconded by Commissioner Newman, the motion
to approve this amendment and the resolution as a whole and as
amended passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
28. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING FORMER MAYOR
CATHY MCCANN AS AN EXEMPLARY COMMUNITY ACTIVIST. AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Commissioner Palmer)
Moved by Commissioner Palmer, seconded by Mayor Feliu, the
motion to table this item passed by a 4 70 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
68 -09 -12877
29. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AFFORDABLE
HOUSING AND DESIGNATING MAY 16, 2009 AS A CITY OF SOUTH
MIAMI "CITY COMMISSION WORK DAY" IN CONCERT WITH
HABITAT FOR HUMANITY TO CONSTRUCT AFFORDABLE HOUSING IN
THE CITY OF SOUTH MIAMI AND PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(Commissioner Palmer)
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to approve this item.
Commissioner Palmer proposed the date of Saturday, May 16,
2009.
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
i
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
Moved by Commissioner Palmer, seconded by Mayor Feliu, the
motion to approve amending the resolution to reflect May 16, 2009
as the Commission Work Day, and the resolution as a whole and as
amended passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONT'D)
30. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND
DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO PROVIDE A
DEFINITION OF A MOBILE PET GROOMING SERVICE AND
AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
SCHEDULE ". IN ORDER TO ALLOW A MOBILE PET GROOMING
SERVICE AS A "P" PERMITTED USE IN ALL RESIDENTIAL
ZONING USE DISTRICTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 5/5
(Vice Mayor Beasley)
Counselor Figueredo advised deferring this item until there
is a full sitting Commission.
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to defer this item until after the June 9, 2009 Special
Election passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Mayor Feliu: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
19
1
2
3 31. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL
5 ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TERM OF
6 THE CITY COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY,
7 PLACE AND TIME OF THE ELECTION; PROVIDING FOR
8 QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF
9 ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
10 PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY,
11 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
12 (Mayor Feliu)
13
14 Moved by Mayor Feliu, seconded by Commissioner Palmer and
15 Vice Mayor Beasley to approve this item.
16
17 Mayor Feliu explained that this is a housekeeping item and
18 it is done as prescribed by the Charter.
19
20 With no further comments, the motion to approve this item
21 passed by a 4 -0 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Beasley: Yea
25 Commissioner Newman: Yea
26 Mayor Feliu: Yea
27
28 At this time the Mayor announced a 5- minute break.
29
30 As the meeting reconvened,.the Commission discussed having a
31 tree planting ceremony in memory of the late Commissioner
32 Beckman, which date will be announced in the near future. Mayor
33 Feliu also spoke about having a section of Ludlam Road named
34 after Commissioner Beckman.
35
36 Mayor Feliu then said that he spoke with FP &L suggesting
37 that in areas where they cannot bury the lines, to consider using
38 the Metrorail as an structure where they can attach the lines in
39 a conduit. He said that FP &L will be conducting a feasibility
40 study to see if the structures can take that weight and hold
41 those conduits.
42
43
44
45
46 COMMISSION REMARKS
47
REGULAR CITY COMMISSION 2 0
MINUTES - April 21, 2009
1
2
3
4
5
6
7
8
9
There being no further business to come before this Body,
the meeting adjourned at 10:50 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - April 21, 2009
21
Approved
Horace G. Feliu
Mayor