06-16-09 Minutesa
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2 City of South Miami
3 Regular City Commission Minutes
4 June 16, 2009
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CALL TO ORDER:
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The City Commission of the City of South Miami, Florida
met
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in regular session on Tuesday, June 16, 2009, beginning at
7:23
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p.m., in the City Commission Chambers, 6130 Sunset Drive.
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A. Roll Call:
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The following members of the City Commission were present:
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Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley,
and,
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Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
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Also in attendance were: City Attorney Luis.Figueredo,
City
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Clerk Maria M. Menendez and City Manager Ajibola Balogun.
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B. Invocation: The invocation was delivered by Mayor Feliu.
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C. Pledge of Allegiance:
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The Pledge of Allegiance was recited in unison.
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25.
D. Presentations(s)
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Ernie Capers
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Mr. Capers presented a musical DVD called "The City of South
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Miami" produced by South Miami Senior High students, with
the
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song written by Mr. Capers.
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34 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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37 1. Approval of Minutes.
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39
40 Minutes of June 2, 2009
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REGULAR CITY COMMISSION 1
MINUTES - June 16, 2009
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Moved by Vice Mayor Beasley, seconded by Commissioner
Palmer, the motion to approve the minutes of June 2, 2009 passed
by a 4 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Mayor Feliu:
Yea
Commissioner Sellars
Abstained
(Newly elected Commissioner Sellars abstained from voting
since he was not in office on June 2, 2009)
City Manager's Report (25- minutes)
• Vendor's over $5,000;
• Update on retail use of South Miami Hospital Property;
• Auditor's Presentation - Comprehensive Annual Financial
Report for the Fiscal Year, ended September 30, 2008 —City
Auditor Trueba addressed the Commission with a synopsis of
the Report. At the conclusion of the presentation, the
Commission was afforded time for questions;
• Comments regarding certain homes located within residential
zones of the City that appear to be used for business —City
Attorney to work on an ordinance addressing this issue;
(Feliu /Figueredo)
• Asking for the status of the situation at SW 62nd Avenue and
Miller where is very difficult to make a left hand turn —
request was submitted to the County to include a turning
'signal with the County's proposed improvement of that
intersection; (Palmer /Balogun)
• There are various spots in the City that need more lighting —
looking for funding to improve the lighting within the CRA
area; (Palmer /Balogun)
• Information requested regarding bids for the plumbing under
"Vendors Over $5,000 ", asking about overtime rate —we only
pay straight time. If work is required after hours, then we
have staff take care of it so that it can wait until the
next morning; (Sellars /Balogun)
• Among further questions regarding "Vendors Over $5,000 ",
would like to see any expenditures coming through the CRA to
come through the CRA rather than through the City, even if
it is after the fact; (Newman /Balogun)
• Regarding the SMH report —they have been cited and they have
now an opportunity to cure; (Newman /Figueredo)
• Request for the agenda to be delivered to the Commission
before Friday —by consensus, the Commission agreed on getting
the agenda on Thursday; (Beasley)
REGULAR CITY COMMISSION
MINUTES - June 16, 2009
1 • Request about the absence on the agenda of the "Mobile Pet
2 Grooming Service" ordinance —there is a companion ordinance
3 (clarifying definition of commercial vehicle), and staff had
4 to make some additional research and both ordinances will be
5 on the next agenda; (Newman /Youkilis)
6 • Condolences were expressed to the family of Marquez James, a
7 student at Miami Senior High School who was killed a year
8 ago at the Mobil Gas station on Red Road. Asking to waive
9 the fees to his family who plan to remember Marquez at
10 Marshall Williamson Park, Saturday, June 27 from 4 -8 p.m.
11 Fees waived by acclamation; (Beasley)
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13 With no further comments the City Manager's Report ended.
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16 2. .City Attorney's Report (15- minutes)
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18 (NONE)
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21 PUBLIC REMARKS
22 (5- minutes)
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24 David Tucker Sr. spoke about City celebrations and about his
25 efforts to organize them, and also about the lack of support from
26 everyone.
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28 Chris Cooke - Yarborough referred to issues relating to the
29 past special election.
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31 Reverend Russell Harris congratulated newly election
32 Commissioner Sellars.
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34 Eda Harris referred to the City Manager's lawsuit and also
35 about issues relating to the past special election.
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37 Sharon McCain spoke about various issues of her concern,
38 including some relating to the past special election.
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40 Luigi Vitalini, former member of the ERPB, referred to the
41 issue of the retail use of the South Miami Hospital property,
42 explaining that the item went before the board while he was
43 serving and that it was just for signage approval.
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45 Walter Harris announced a health fair type of reunion taking
46 place at the Community Center, Saturday morning on June 27 where
47 there will be information about the Children's Clinic and other
48 programs of interest to families.
49
REGULAR CITY COMMISSION 3
MINUTES - June 16, 2009
Alec Rosen, former candidate for the past special election,
congratulated Commissioner. Sellars for winning the election. He
then urged everybody to be civilized and respect one another.
Levy Kelly also referred to the past special election,
urging the community to continue to find a way to come together.
Ann Marie Clyatt, a member of the Historic Preservation
Board, said that the community should take pride with the fact
that we have a historic district, referring to Cambridge Lawns
located on Miller Road, between SW 61St and SW 63rd Avenues.
Beth Schwartz also congratulated Commissioner Sellars. She
then referred to some issues relating to the past special
election.
Bob Welsh referred to item no. 8 on the agenda relating to
the drainage improvement on his street, saying that the burden
should be placed on the residents with properties where the soil
does not percolate and that perhaps the installment of French
drainage would correct the problems at a much lower cost than the
proposed by the City. He then talked about the storefront space
of South Miami Hospital property.
Dick Ward congratulated Commissioner Sellars on winning the
election. He then urged the Commission to consider honoring.
former Mayor Jack Block who served the City for 16 years.
With no further speakers, the public remarks section was
closed.
With regard to the flyer that circulated during the past
special election displaying four City employees, Commissioner
Newman asked Counselor Figueredo to investigate, with the
information that she provided him, in order to uncover who is
putting these divisive flyers out in our community.
Commissioner Newman said that there is a program run by
Miami -Dade County where they go into the schools and they set up
a pool in the elementary schools and teach the kids how to swim
within six weeks. We may also be able to have this program set up
at the Community Center at a minimum cost and funded through the
Children's Trust. She then asked for Commission's approval to
investigate the possibility of bringing this program to our
elementary schools and to the Community Center. The Commission
agreed that the proposed project by Commissioner Newman is a good
one.
At this time Commissioner Palmer asked staff for the status
on the CVS prescription card and reminded the public to take
advantage of this program. Mr. Balogun explained that he is
REGULAR CITY COMMISSION 4
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working closely with the League of Cities and that hopefully by
the end of July we will be able to distribute the cards. .
At this time all items were pulled from the Consent Agenda,
and Mayor Feliu announced a 5- minute break.
RESOLUTION (S)
107 -09 -12916
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A TWO YEAR LEASE AND MAINTENANCE
CONTRACT FOR TWO POLICE MOTORCYCLES WITH PETERSON'S
HARLEY - DAVIDSON OF MIAMI, DISBURSEMENT OF FUNDS UP TO
$10,200.00 PER YEAR FROM ACCOUNT NUMBER 1910 - 521 -4450
(PURCHASE /LEASE POLICE VEHICLES), PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Chief Richardson provided further clarification regarding
this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
108 -09 -12917
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE ONE MOBILE AND FIVE PORTABLE MACOM
POLICE RADIOS FROM MIAMI -DADE COUNTY'S ENTERPRISE
TECHNOLOGY SERVICES DEPARTMENT IN AN AMOUNT OF
$21,771.10 TO BE CHARGED TO ACCOUNT NUMBER 1910-521 -
6430 (OPERATING EQUIPMENT), PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION
MINUTES - June 16, 2009
1 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
2 to approve this item.
3
4 Chief Richardson said that these radios could not be leased.
5 Commissioner Newman asked whether forfeiture funds could be used
6 to purchase the radios; Sgt. Salerno explained that forfeiture
7 funds are used on a special new program of some type.
8
9 With no further comments, the motion to approve this item
10 passed by a 5 -0 vote:
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12 Commissioner Palmer: Yea
13 Vice Mayor Beasley: Yea
14 Commissioner Newman: Yea
15 Commissioner Sellars: Yea
16 Mayor Feliu: Yea
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18
19 109 -09 -12918
20 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
21 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
22 MANAGER TO EXECUTE AN AGREEMENT WITH GENERAL MASONRY
23 CONSTRUCTION INC, FOR THE CONSTRUCTION AND INSTALLATION
24 OF CAMBRIDGE LAWNS HISTORIC MARKERS IN THE AMOUNT OF $
25 8,370.00 TO BE CHARGED AS FOLLOWS: $8,370.00 TO THE
26 CITY'S PLANNING AND ZONING DEPARTMENT CONTRACTUAL
27 SERVICES ACCOUNT NUMBER 001 - 1620 - 524 -3450; PROVIDING
28 FOR AN EFFECTIVE DATE. 3/5
29 (City Manager)
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31 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
32 to approve this item.
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34 Vice Mayor Beasley asked whether the amount could be
35 negotiated for $8,000.00 so that the whole amount could be
36 covered under the grant. He also questioned the disparity in
37 price within the submitted bids.
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39 Mr. Vageline explained that sometimes the difference in
40 prices depend on a lot of different factors, mostly internal to
41 each contractor. He said that this is the third time we bid on
42 this project and this is the best one we have received so far.
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44 Commissioner Newman wanted to make sure that there is a
45 provision in the contract that this contractor will assume
.46 liability in the event that he does not complete this project by
47 September 2009 when the extension of the deadline for this grant
48 expires. Counselor Figueredo explained that we would be able to
49 attach the performance bond in the event that the contractor is
50 unable to complete the job on time.
REGULAR CITY COMMISSION 6
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With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
110 -09 -12919
7. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AMENDMENT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) FOR SOUTH MIAMI
STORMWATER IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Commissioner Palmer, seconded by Mayor Feliu to
approve this item.
Mr. Balogun explained that this is a multi -year funding
grant; we have used some of the funds last year, some this year,
and we might still carry it over on to next year.
Mr. Balogun also clarified that this is just an agreement to
extend the grant and that this is not a specific project.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
111 -09 -12920
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A WORK ORDER TO E.A.C. CONSULTING,
INC. FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES
FOR THE S.W. 64TH CT. DRAINAGE IMPROVEMENTS FROM SUNSET
DRIVE TO MANOR LANE IN AN AMOUNT OF.$49,936.60 TO BE
CHARGED TO STORMWATER TRUST FUND ACCOUNT NUMBER 111-
1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION
MINUTES - June 16, 2009
rA
1 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
2 approve this item.
3
4 Commissioner Sellars echoing on Mr. Welsh's comments, wanted
5 to know whether a study had been conducted to make sure that we
6 are proceeding with this project correctly.
7
8 Mr. Olivo explained that the road has a depression and that
9 this is basically to conduct a percolation test and technical
10 studies, and to find out what the percolation rate is; after that
11 a survey is done. After all that is done, then the engineer
12 begins his design work. The project has to be looked at as a
13 whole so that we do not move the problem around.
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15 With no further comments, the motion to approve this item
16 passed by a 5 -0 vote:
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18 Commissioner Palmer: Yea
19 Vice Mayor Beasley: Yea
20 Commissioner Newman: Yea
21 Commissioner Sellars: Yea
22 Mayor Feliu: Yea
23
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25 112 -09 -12921
26 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO ISSUE A WORK ORDER TO KIMLEY -HORN AND
29 ASSOCIATES, INC. (KHA) FOR DESIGN, BID AND CONSTRUCTION
30 PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS
31 PHASE VI PROJECT (S.W. 59TH AVE, FROM SW 74TH ST. TO
32 S.W. 80TH ST. AND S.W. 74TH TER., FROM S.W. 591H AVE. TO
33 SW 58' AVE.) IN AN AMOUNT OF $84,970.00 TO BE CHARGED
34 TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
35 (FDEP) GRANT AND PEOPLES TRANSPORTATION PLAN WITH
36 ACCOUNT NUMBERS 106 - 1727 - 536 -3450 AND 124- 1730 -541-
37 3450, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE.3 /5
38 (City Manager)
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40 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
41 to approve this item.
42
43 Mr. Olivo explained that the reason for using this
44 contractor is because they are selected on a rotating basis.
45
46 Vice Mayor Beasley then requested from staff copies of
47 phases I through V.
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REGULAR CITY COMMISSION 8
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With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
At this time Vice Mayor Beasley explained the importance of
introducing the next "add on" item promoting the American with
Disabilities Act, since the Commission will be in recess during
most of July.
Moved by Vice Mayor .Beasley, seconded by Mayor.Feliu, the
motion to add the following item on the agenda passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Beasley:. Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
113 -09 -12922
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROMOTING AMERICAN WITH
DISABILITIES ACT ( "ADA ") AWARENESS; ENDORSING RELEVANT
AND EFFECTIVE CRITERIA FOR RENEWAL OF ADA PARKING
PERMITS, AND SUPPORTING STRICT SCRUTINY AND MONITORING
OF HANDICAP ACCESSIBILITY PROGRAM IMPLEMENTATION;
DECLARING THE THIRD WEEK OF JULY "ADA AWARENESS WEEK";
AND PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to approve this item.
Commissioner Sellars inquired as to whether this would
require any commitment on the part of the City, such as funding.
Counselor Figueredo explained that we would be required to
comply with Florida Statutes down the line regardless of whether
or not this resolution is approved.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
REGULAR CITY COMMISSION
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Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
09 -09 -2001
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -5
"NEIGHBORHOOD STABILIZATION PROGRAM (NSP)"; PROVIDING
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. Vageline presented this item. This is a federally
sponsored program with approximately one million dollars made
available to the County. For a municipality to qualify and apply
for a portion of available funds, one of the requirements is to
adopt the County's language for blighted structure into the City
Code by June 30, 2009. The City Commission, at its meeting of
June 2, 2009, introduced an amendment to the ordinance in order
to specify that the City Commission must approve specific
demolition addresses prior to submission to the County.
Mr. Vageline explained that none of the seven properties
identified as blighted appear to be inhabited. In the event that
a property has been selected for demolition, then the owner would
have the option of fixing it and bringing it back to Code;
however, the property cannot be left in an unsafe condition.
Mr. Vageline also explained that this is federal money
channeled through the County and that the County will take care
of all expenses involved in the demolition process.
Vice Mayor Beasley said that he knows one of the owners of
these properties and asked whether it would be proper, for him to
speak to that owner to find out. if s /he has any concerns about
the property being demolished. Counselor Figueredo said that he
thinks it would be fine but that he will double check to make
sure.
REGULAR CITY COMMISSION 10
MINUTES - June 16, 2009
1 At this time the public hearing was opened and closed with
2 no speakers.
3
4 With no further comments, the motion to approve this item
5 passed by a 5 -0 vote:
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Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
14 RESOLUTION (S) /PUBLIC HEARING (S)
15
16 114 -09 -12923
17 12. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
19 A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND
20 DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING
21 SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE
22 OF 7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF
23 FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED
24 AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
25 "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE
26 PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION
27 OF A ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN
28 EFFECTIVE DATE. 4/5
29 (City Manager)
30
31 Moved by Mayor Feliu, seconded by Commissioner Palmer to
32 approve this item.
3.3
34 Mr. Youkilis presented this item, explaining that this is a
35 substandard lot and in order to build anything on it the owner
36 will be required to make a variance request.
37
38 Erik Bellon, applicant for the owner, Dr. Velez, addressed
39 the Commission.
40
41 At this time the public hearing was opened.
42
43 Sharon McCain spoke in opposition to the request; expressing
44 concern about parking because that is a busy street with
45 townhouses across the street, saying that six spaces do not seem
46 sufficient. She then asked as to whether we could install meters
47 in front of this property.
48.
REGULAR CITY COMMISSION 1 1
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David Tucker Sr. spoke with concern about the calculations
and proportions used on this request.
Dr. Velez said that he has been dreaming about this project
for about six years, he lives around the corner and could if
necessary walk to work. He said that there will be only one
dentist, one receptionist and one assistant, leaving three
available spaces for patients.
Commissioner Newman asked about the "for sale" sign on the
lot. Dr. Velez said that his serious plan is to build if his
request is approved.
The public hearing was closed at this time.
Counselor Figueredo explained that in the event that the
property is sold after the variance is granted, anyone who buys
the property would have the same hardship and the need to meet
the same criteria. As far as the zoning, a dental office is
permitted.
Vice Mayor Beasley said that even though he is pleased with
the design of the proposed building, still parking is an issue
for him and he asked whether we can add additional parking space
along the street.
Mr. Balogun said that since 62nd Avenue is a County's right -
of -way, any requirement imposed on the developer would have to
seek approval from the County to construct parking stalls along
that corridor. '
Commissioner Newman said that this is a very small lot and
that ingress /egress from this property will be a nightmare, and
that.also parking is going to be an issue.
Dr. Velez responded that ingress /egress and also parking
comply with all Public Works and Building requirements.
Mayor Feliu said that anyone who would want to build a home
on that lot would need a variance; therefore, the only
alternative seems to be to leave the. property undeveloped
indefinitely.
Moved by Mayor Feliu to extend the meeting beyond 11:00 p.m.
Seconded by Vice Mayor Beasley, the motion passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - June 16, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
12
1 Commissioner Palmer said that since she has been in the
2 Commission there have always been requests for variances from
3 time to time. She said that there are a number of nonconforming
4 lots in our City and something has to be built there, and any
5 project will need a variance..
6
7 Commissioner Sellars said to be a little concern with
8 establishing a precedent.
9
10 Counselor Figueredo said that the basic test of the hardship
11 is not really when you buy the property, but rather one that is
12 created, such as in the case if you subdivide the property and as
13 a consequence you need a variance; the hardship is that if the
14 lot is not of adequate size and nothing can be built on the
15 property, then you meet the definition of hardship.
16
17 Moved by Vice Mayor Beasley to amend the resolution
18 providing that the variance will not be deemed approved until the
19 owner can provide evidence that the on- street parking space has
20 been approved by the County. Seconded by Commissioner Palmer, the
21 motion passed by a 5 -0 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Beasley: Yea
25 Commissioner Newman: Yes
26 Commissioner Sellars: Yea
27 Mayor Feliu: Yea
28
29
30 With no further comments, the motion to approve this item as
31 amended passed by a 4 -1 vote:
32
33 Commissioner Palmer: Yea
34 Vice Mayor Beasley: Yea
35 Commissioner Newman: Nay
36 Commissioner Sellars: Yea
37 Mayor Feliu: Yea
38
39
40 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
41 (NONE)
42
43 ORDINANCE (S) FIRST READING
44
45 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, AMENDING ADOPTED
47 ORDINANCE 54 -08 -1989, WHICH ORDINANCE AUTHORIZED THE
REGULAR CITY COMMISSION 13
MINUTES - June 16, 2009
CITY MANAGER TO PURCHASE A STREET SWEEPER, ONE FORD F-
250, ONE SIDE LOADER, ONE DUMP TRUCK AND FOUR (4) CROWN
VICTORIA VEHICLES FOR A TOTAL AMOUNT OF $541,911.00 AND
ACCEPTING THE INTEREST RATE OF 4.25% FOR A FIVE YEAR
FINANCING TERM THROUGH FIRST NATIONAL BANK OF SOUTH
MIAMI WITH FIVE ANNUAL PAYMENTS IN THE AMOUNTS OF
$118,154.00 AND CHARGING THE PUBLIC WORKS ACCOUNT
NUMBERS 001 - 1720 - 534 -4455, 001 - 1730 - 541 -4455, STORM
WATER DRAIN TRUST FUND ACCOUNT NUMBER 111 - 1730 - 541 -4455
AND POLICE DEPARTMENT ACCOUNT NUMBER 001 - 1910 - 521 -4450
VEHICLE -TRUCK LEASE PURCHASE ACCOUNT NAMES; DURING THE
ADOPTION OF THE INITIAL ORDINANCE THE STREET SWEEPER
WAS TO HAVE BEEN PURCHASED VIA PIGGY -BACK PROCUREMENT,
BUT, WAS ACTUALLY THE SUBJECT OF A THREE -BID QUOTE
PROCESS, WITH THE MOST COMPETITIVE PRICE USED;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Finance Director Mat•ilde Menendez presented this item. The
ordinance stated that purchase was going to be based on state and
municipal bids; subsequent research revealed an error in that
ordinance because there was no state of municipal bids for the
acquisition of this particular street sweeper. We then went
through the alternate method where we acquired three different
bids for that purchase. Because of this, the ordinance had to be
amended.
At. this time, Mr. Balogun
submitting `vendors over $5,000 ",
Commission. He said that it might
issue at some point in the future.
explained the procedure for
which was agreed by a previous
be a good idea to address that
Commissioner Newman agreed, particularly when a vendor over
$5,000 has a contract for about $80,000 going on from year to
year without any question, she said.
Mr. Balogun said that those are brought before the
Commission every year with their respective backup.
Commissioner Newman said that she wants that information for
the next meeting when the item comes for second reading. She also
inquired about an old street sweeper that Public Words has; Mr.
de la Torre provided an explanation and said that even though the
old sweeper is operational, it is not efficient and it cannot
complete the tasks, one of the reasons being is due to the noise
it generates.
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Mayor Feliu commented on the street sweeper noise issue and
the complaints he recalls being received in the past from
downtown area residents.
Mr. de la Torre said that it is the Public Works
Department's recommendation for the coming year to eliminate, if
possible, the street sweeping services; however, it may have to
be done gradually.
Commissioner Newman then also asked who would be performing
maintenance on the new street sweeper, since the company is based
in Texas. The distributor form Daytona Beach will be providing
maintenance. However, Mr. de la Torre explained that most of the
preventive maintenance, consisting mostly of oil change, brushers
and so on, is mostly done in house.
Commissioner Sellars at this time referred to the Crown
Victoria vehicles and requested for staff to look into mid size
cars, such as Montecarlos or Taurus. Mr. Balogun "explained that
these vehicles have already been purchased; however, for the next
budget process the police will provide information about other
cars and their findings.
With some further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
14. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 6.2(A) ENTITLED _ "APPEALS:
ERPB DECISIONS; TIME; STANDING TO APPEAL" IN ORDER TO
MODIFY THE PROVISION REGULATING THE TIME PERIOD AS TO
WHEN AN APPEAL OF AN ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD (ERPB) DECISION CAN BE FILED: AND
CLARIFYING WHO CAN FILE AN APPEAL OF A DECISION OF THE
ERPB; 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 normally
construction projects take too long; during that time, and after
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the applicant has spent a lot of money on the process, anyone may
appeal before the Commission against the project. Therefore,
staff is recommending that an appeal must be filed within thirty
days after the applicant has obtained approval by the ERPB.
Another recommendation is to revise the language to provide that
an appeal may be filed by the applicant, a property owner or
resident of the City, the City administration, or any interested
citizen living in the abutting municipality and within 500 feet
of the property.
Commissioner Newman said that this is a good idea; however,
she would like to increase the 30 days to 60 days; and also to
add "business owners" who would still have an interest in the
matter.
Moved by Commissioner Newman to amend the ordinance by
extending the 30 -day. period to 60 days. Seconded by Vice Mayor
Beasley.
Commissioner Sellars said to be concerned about timing, so
he thinks that 30 days is appropriate. The rest of the Commission
concurred.
At this time Commissioner Newman withdrew the above
amendment.
Moved by Commissioner Newman to amend the ordinance by
adding "business owners" to the language. Seconded by Mayor
Feliu, the motion to approve this amendment passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to extend the meeting after midnight passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Commissioner Sellars then referred to the amendment proposed
by staff on page 2, line 20: within thirty (30) days of the ERPB
final decision or before a building permit is issued, whichever
comes first. Commissioner Sellars, after reading the minutes of
May 26th of the Planning Board, found a discrepancy between the
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proposed amendment (whichever comes first) and what Board member
Yates said `which ever one comes last."
The Commission and staff discussed the above concern brought
up by Commissioner Sellars and staff proposed to bring back an
alternative at the next reading of the ordinance.
With no further comments, the motion to approve this item as
amended and as a whole passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor.Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
15. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -5.8 (C) ENTITLED "SPECIAL
USE APPROVAL: EXPIRATION OF SPECIAL USE APPROVALS" IN
ORDER TO MODIFY THE TIME PERIOD AND CONDITIONS UNDER
WHICH A SPECIAL USE APPROVAL WILL LAPSE; AND TO CREATE
A SUBSECTION (G) ENTITLED "ABANDONMENT OF SPECIAL USE"
PROVIDING A MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL
USE WILL BE CONSIDERED ABANDONED; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Palmer, seconded by Mayor Feliu to
approve this item.
Mr. Youkilis presented this item, explaining the importance
of the proposed amendment to the ordinance, which extends the
timeframe to apply for a building permit from six months , to one
year after a special use approval is granted. Staff is also
recommending a technical amendment that a special use would loose
its classification if the use failed to be operational or was
abandoned for a period of six months or more.
In addition, the City Manager is suggesting that the
extension of time to apply for a building permit after a special
use approval has been granted should not be allowed beyond the
current period of six months without the payment of a fee.
Commissioner Newman said that she did not see any reason to
change the six -month period. She then said that the second
proposed amendment is a valid one.
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Commissioner Palmer said that she believes that it is hard
to get things done in six months, so it makes sense to extend
that period, but that this needs further study.
Commissioner Newman requested clarification from Counselor
Figueredo as to the required vote on the two proposed amendments.
Counselor Figueredo said that the first amendment would
require a five - fifths vote on the new Charter; the second
amendment is just creating a standard and would only require a
three - fifths vote
Moved by Commissioner Newman to strike the first proposed
amendment, leaving the language at six months. Moved by Vice
Mayor Beasley, the motion to approve this amendment passed by a
5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Moved by Commissioner Palmer, seconded by Mayor Feliu, the
motion to defer this item as amended passed by a 5 -0 vote
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
Each member of the Commission was afforded to make comments.
There being no further business to come before this Body,
the meeting adjourned at 12:28 p.m.
Attest
Maria M. Menendez
City Clerk
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Approved
Horace G. Feliu
Mayor