05-19-09 MinutesDa
1
2 City of South Miami
3 Regular City Commission Minutes
4 May 19, 2009
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6 CALL TO ORDER:
7
8 The City Commission of the City of South Miami, Florida met
9 in regular session on Tuesday, May 19, 2009, beginning at 7:38
10 p.m., in the City Commission Chambers, 6130 Sunset Drive.
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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.
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17 Also in attendance were: City Attorney Luis Figueredo,
18 Deputy Clerk Nkenga Payne (City Clerk Maria M. Menendez was
19 absent) and City Manager Ajibola Balogun.
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21 B. Invocation: The invocation was delivered by Commissioner
22 Palmer.
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24 C. Pledge of Allegiance:
25 The Pledge of Allegiance was recited in unison.
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28 D. Presentations (s)
29 (NONE)
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32 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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35 1. Approval of Minutes
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38 Minutes of May 5, 2009
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40 Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
41 motion to approve the minutes of May 5, 2009 passed by a 4 -0
42 vote:
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REGULAR CITY COMMISSION 1
MINUTES - May 19, 2009
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Commissioner Palmer: Yea
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Vice Mayor Beasley: Yea
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Commissioner Newman: Yea
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Mayor Feliu: Yea
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City
Manager's Report (25- minutes)
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9
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Tree planting ceremony for the late Commissioner
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Beckman scheduled for Saturday, June 6, 2009; (Red
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folder info)
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Comprehensive Annual Financial Report for the FY
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ending 9/30/08— auditors will conduct a
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presentation in June; (Red folder info)
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City of South Miami Emergency Management Plan;
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(Red folder info)
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Complaint by Mr. John Anderson during May 9, 2009
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City Commission Meeting.
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County preparing an agreement with the City
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enforcing a 25 -mile speed limit on local citywide
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streets —the City will be responsible for placing
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signs and this is something that will need to be
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taken into consideration during the budget
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process; (Feliu /Balogun)
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Request for the Planning and Zoning Department to
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review ordinance relating to trailers and prefab
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homes and bring it before the Planning Board for
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their consideration towards the new `green" prefab
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homes and garages; ( Feliu)
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Thanked all participants of the Commission work
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Day in conjunction with Habitat for Humanity;
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(Palmer)
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Clarification regarding the citywide 25 7mile speed
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limit for local streets — agreement being reviewed
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by staff is for the 25 -mile signs, and the
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traffic- calming devices; (Newman /Balogun /Olivo)
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Mrs. Christie, who organizes the annual Black
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Awareness Month May 30 from 2 -3:00 p.m. in the
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Gibson - Bethel Community Center, is requesting that
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the $150 fee plus the $100 deposit be waived;
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(Beasley)
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Regarding a bike path project and requesting to
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include Lisa Fox in the committee —staff every year
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submits request for funding for bike paths to be
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able to create a plan; (Beasley /Balogun)
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Regarding hurricane preparedness and the POD
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center —after the event,. the Community Center is
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used as a distribution point where a generator has
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been installed for that purpose; (Palmer /Balogun)
REGULAR CITY COMMISSION 2
MINUTES - May 19, 2009
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2 With no further comments the City Manager's Report ended.
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5 2. City Attorney's Report (15- minutes)
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7 Counselor Figueredo referred to commercial vehicles being
8 parked downtown with advertisements and occupying the meters; the
9 Land Development Code has a provision addressing this issue.
10 However, he said that the Code creates certain challenges for
11 purposes of enforcement. Therefore, he recommends amending the
12 ordinance to allow for further tools for enforcement.
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14 Mayor Feliu said that he would like to see a courtesy notice
15 placed on the violating vehicle, and then have the vehicle towed
16 away for a second offense.
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18 Coun -selor Figueredo said that he will be working on an
19 amendment to the pertinent ordinance.
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21 Commissioner Palmer asked for clarification regarding the
22 action taken by Code Enforcement relating to the complaint
23 brought up by Mr. John Anderson during the May 9, 2009 City
24 Commission meeting. Mr. Balogun said that the action was quite
25 appropriate, giving a courtesy notice to the property owner who
26 incidentally was not happy with the service provided.
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28 With no further comments the City Attorney's Report ended.
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30
31 PUBLIC REMARKS
32 (5- minutes)
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34 David Tucker.Sr. addressed the Commission regarding upcoming
35 holiday celebrations and some of the history behind them.
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37 John Anderson spoke about the tree trimming issue, saying
38 that he has been trimming trees for many years and that he knows
39 how to do it and that he did what the client told him to do.
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41 Lisa Fox spoke about the \ \green" issues impacting
42 transportation; she also referred to the bike paths and the need
43 for them.
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45 Eric Tolberg, a member of the County Pedestrian and Bicycle
46 Advisory Committee, stressed the importance of considering both,
47 pedestrians and bicyclists when designing various road
48 improvements, in particular Sunset Drive which connects with
49 other bike paths to the west.
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REGULAR CITY COMMISSION 3
MINUTES - May 19, 2009
1 Alec Rosen spoke about the issue relating to vans displaying
2 advertisement and parked downtown. He said that this is protected
3 by the First Amendment. He then said that he is running for a
4 Commission seat and that he chose to live in the City because he
5 loves it.
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7 Rene Guim said that he is also a candidate for the June Stn
8 special election, went over his background and said that he also
9 loves the City.
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11 Sharon McCain - referred to item no. 4 on the agenda relating
12 to the selection of contractors for emergency hurricane
13 preparedness and recovery debris removal, urging the Commission
14 to be very careful about whom the City hires. She then spoke with
15 concern about other issues.
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17 Bob Welsh spoke about the new restaurant to open at the
18 office building within the South Miami Hospital property; he
19 referred to the meeting where the request was approved and the
20 discussion regarding the special use with the provision for
21 ground floor retail; he asked to be informed about the results of
22 staff's research on the matter.
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24 Dick Ward referred to the parking garage, saying that he
25 finds that there is accountability there since tickets are issued
26 for violations. About the upcoming election he said that he has
27 noticed some candidates' signs being removed soon after they are
28 installed,'asking Counselor as to whether there are laws that may
29 be applied to that situation.
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31 Mr. Stodder addressed the issue relating to the proposed
32 transmission lines by Florida Power and Light (FP &L), speaking
33 with concern about the proposed route through US1 and next to
34 commercial and residential properties.
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36 With no further speakers the public remarks session was
37 closed.
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39 Vice Mayor Beasley said that most businesses are not aware
40 about the proposed transmission lines along US1; therefore, he
41 asked the rest of the Commission to' join him in directing the
42 City Manager to send notices to commercial owners alerting them
43 of the situation. He then said that he has met with FP &L recently
44 and also he called the Public Service Commission and had
45 discussions with them; he said that he will be giving the
46 Commission an update in a couple of weeks regarding the
47 information he has from those meetings.
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49 Regarding the system collecting parking fees at the garage,
50 Counselor Figueredo said that he has looked into it and has
51 talked to MRP about it and that there is a ticketing system,
REGULAR CITY COMMISSION 4
MINUTES - May 19, 2009
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therefore, there is accountability. He said that he cannot
dictate MRP to change their system; however, that is something
that the Commission as a body can do provided that they come to
an agreement with MRP.
Commissioner Newman said that the City is entitled to
conduct an audit of the garage. Counselor Figueredo said that
this would be beyond the scopes of what the City Manager can do
since there is an expense related to that. Commissioner Newman
then said that she would like to request that randomly and
unannounced, the City Manager directs staff to reconcile the
money in the fanny pack against the ticket that have been
collected.
Commissioner Palmer urged to allow MRP a little more time to
get the business off the ground.
Commissioner Newman then referred to the pension plan and
the subject of increase in contributions. Counselor Figueredo
advised that the subject is undergoing negotiations at the
present time with the union and discussions at this time could
compromise the negotiations.
CONSENT
96 -09 -12905
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING SELECTED
CONTRACTORS FOR EMERGENCY HURRICANE PREPAREDNESS &
RECOVERY DEBRIS REMOVAL; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(City Manager)
97 -09 -12906
5. 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 CITY OF SOUTH MIAMI JULY 4 CELEBRATION
TO BE HELD AT PALMER PARK ON JULY 41 2009; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION
MINUTES - May 19, 2009
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98 -09 -12907
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING THE ORIGIN OF
THE FLAG OF THE UNITED STATES OF AMERICA BROUGHT FORTH
IN THE SYMBOLIC HISTORIC STANDARD OF OUR COUNTRY; IT
EXPRESSES THE FAITHFUL SACRIFICE AND PURPOSE THAT
EVOLVED IN OUR STATUS OF NATIONHOOD; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
99 -09 -12908
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE SUBSTANCE
ABUSE RESPONSE GUIDE ( "SARG") PARTNERSHIP; A MULTI -
COALITION PARTNERSHIP CAMPAIGN FOR THE PREVENTION OF
UNDERAGE DRINKING IN THE STATE OF FLORIDA. 3/5
(Mayor Feliu)
100 -09 -12909
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BROADCASTING
THE CANDIDATES' FORUM ON THE CITY'S CHANNEL 77;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley, 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)
101 -09 -12910
9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ISSUE WORK ORDER TO DENY SOD SERVICE CORPORATION FOR IN
AMOUNT OF $15,250.00 FOR SAFETY IMPROVEMENTS TO THE
MURRAY PARK ATHLETIC FIELDS AND TO CHARGE THE COST OF
IMPROVEMENTS TO THE MULTI- PURPOSE CENTER ACCOUNT NUMBER
001 - 2020 - 519 -6430; PROVIDING FOR AN EFFECTIVE DATE..3 /5
(Deferred 4121109 & 5105109)
(City Manager)
REGULAR CITY COMMISSION
MINUTES - May 19, 2009
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Moved by Mayor Feliu, seconded by
Vice Mayor Beasley to
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approve this item.
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Mr. Balogun presented this item. The item shows that the
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references required have been added. The
vendor elaborated and
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explained the procedure and job scope. He
then asked for the item
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to be amended to reflect the change in the
amount.
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Commissioner Newman said that she wants
to make sure that we
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properly maintain this, and that staff is
on top of any problems
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that may arise once this sod is laid.
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Moved by Mayor Feliu, seconded by Commissioner Palmer, the
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motion to change the amount as written in
the resolution to $16,
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450.00 to reflect the actual cost, passed
by a 4 -0 vote:
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Commissioner Palmer:
Yea
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Vice Mayor Beasley:
Yea
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Commissioner Newman:
Yea
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Mayor Feliu:
Yea
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With some further comments, the motion to approve this item
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as amended passed by a 4 -0 vote:
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Commissioner Palmer:
Yea
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Vice Mayor Beasley:
Yea
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Commissioner Newman:
Yea
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Mayor Feliu:
Yea
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31 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
32 (NOME)
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34 RESOLUTION (S) /PUBLIC HEARING (S)
35 (NONE)
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37 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
38 (NONE)
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40 ORDINANCE (S) FIRST READING
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43 10. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
44 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
45 DEVELOPMENT CODE SECTION 20- 3.6(Q) ENTITLED "SCREENING
46 AND SOUNDPROOFING OF EXTERIOR HEATING, VENTILATING, AIR
A
REGULAR CITY COMMISSION 7
MINUTES - May 19, 2009
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CONDITIONING EQUIPMENT AND OTHER MECHANICAL EQUIPMENT"
IN ORDER TO ADJUST THE CURRENT REQUIREMENT FOR
SCREENING OF NEW AIR CONDITIONING COMPRESSOR UNITS,
WATER TOWERS AND OTHER MECHANICAL EQUIPMENT ON A ROOF,
BUILDING OR GROUND TO REQUIRE SCREENING WHEN
REPLACEMENT UNITS OR REPLACEMENT EQUIPMENT IS
INSTALLED; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Mr. Youkilis presented this .item, explaining that the
consideration of this amendment to the Land Development Code
(LDC) was the result of the recent replacement of an older air
conditioning roof equipment on a South Miami Hospital building.
The City's current LDC regulations in effect since 1992 has been
interpreted that screening was required at the time of original
installation; if equipment was installed before that date
screening of the equipment was not required and was not applied
when the equipment was replaced. Therefore, staff recommends to
place into the Code a specific amendment that strengthens the
current regulations which would require review of any roof top or
ground air conditioning or mechanical equipment that is required
to have screening, and the review would be done by the
Environmental Review and Preservation Board.
With no 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
COMMISSION REMARKS
Each member of the Commission
There being no further business
meeting adjourned at 9:16 p.m.
Attest
Maria M..Menendez
City Clerk
REGULAR CITY COMMISSION 8
MINUTES - May 19, 2009
was afforded to make comments.
to come before this Body, the
Approved
Horace G. Feliu
Mayor