07-21-09 Minutes1
DT q
2 City of South Miami
3 Regular City Commission Minutes
4 July 21, 2009
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, July 21, 2009, beginning at 7:35
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
Also in attendance were: City Attorney Luis Figueredo, City
Clerk Maria M. Menendez and City Manager Ajibola Balogun.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of June 10, 2009
Moved by Commissioner Palmer, seconded by Commissioner
Sellars, the motion to approve the minutes of June 10, 2009
passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - July 21, 2009
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Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
Minutes of June 16, 2009
Moved
motion to
vote:
Yea
Yea
Yea
Yea
Yea
by Vice Mayor Beasley, seconded by Mayor Feliu, the
approve the minutes of June 16, 2009 passed by a 5 -0
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars Yea
Mayor Feliu: Yea
City Manager's Report (25- minutes)
• Response to request for projects Location Maps for
Citywide Drainage Improvement Phrase I through V;
• Red Road Commons Development Agreement;
• Insurance Workshop;
• Several calls were received congratulating staff for
the July 4th event —at this time sponsors for the event
were recognized: Veronica Flores representing First
National Bank of South Miami, and Ralph Rios
representing South Miami Hospital; (Balogun /Commission)
• Met with FPL and a report of our meeting will be placed
in the Commissioners' inbox tomorrow; (Balogun)
• Informed about attendance at the County Commission
meeting today to speak and defend the seniors' meals
program that are being threatened by the budgetary
cuts; ( Feliu)
• Informed that the FPL item will be discussed on
Thursday by the County Commission, urging everyone
wanting to speak at that meeting defending our position
to contact Commissioner Gimenez; ( Feliu)
• Question regarding the lease agreement with the YMCA
( "Y ") and about their responsibility according to the
agreement. Recommended that the Commission direct the
City Attorney to give the "Y" notice, as per the
contract, to rescind the lease agreement with the "Y ";
(Newman)
• Regarding the above recommendation, and before any.
legal action is taken, to at least look into the matter
and find out what the problem is with the "Y "; (Palmer)
REGULAR CITY COMMISSION
MINUTES - July 21, 2009
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•
Regarding the "Y ", the initial repairs have been done;
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however, the position of the "Y" is that some of the
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conditions are due to "acts of God" because of past
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hurricanes the structures have been demolished beyond
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repair and they are in the middle of negotiations with
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the insurance carriers to get insurance funds. So their
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position is that due to "acts of God" they are not in a
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position where they could perform under Exhibit B. But
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Commissioner Newman raises a valid point, Counselor
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Figueredo said, and that he is happy to look at it to
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see whether or not theirs is a valid defense at this
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juncture. Counselor said he will look at the lease and
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report on his findings at the next Commission meeting.
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(Figueredo)
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•
Continuing on the "Y" issue, one of the things that
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Commissioner Newman wants Counselor to look at is the
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pool repair and cleaning which should not have been
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affected by the hurricanes. (Newman)
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•
Regarding the charter school, said that it has been
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brought to her attention that the charter school is
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leasing or planning to lease the Community Center field
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for their use. They have not approached us for any
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request of this nature. Renting a field for a day or
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so, that is handled within the Parks Department..
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However, when it relates to a long -term lease
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agreement, that would come before the Commission;
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(Newman /Balogun)
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•
Continuing with the charter school, further information
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was requested regarding hiring and registration within
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the community— comments among the Commission followed
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regarding this issue; (Balogun /Commission)
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With no further comments the City Manager's Report ended.
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2.
City Attorney's Report (15- minutes)
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At this time Counselor Figueredo addressed the Commission
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with
an overview of some of the key dates regarding the FPL
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application
process. At the conclusion, Counselor said that he
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will
be providing a report to the Commission with all of this
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information
containing these dates. The key dates start with June
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30,
2009 when FPL filed an application for a power plant, and
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ending with a final hearing on August 17, 2010. He pointed out
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that
October 8, 2009 is one of the critical dates for the City
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when
the City gets to submit an alternate corridor.
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REGULAR CITY COMMISSION 3
MINUTES - July 21, 2009
1 Mayor Feliu requested that the key dates provided by the
2 City Attorney above be broadcast on Channel 77, and also included
3 in the next issue of our newsletter.
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5 Vice Mayor Beasley said that Pinecrest, Cutler Bay as well
6 as Miami -Dade County are trying to allow our staff to work with
7 them as a unit since that way we will have more power to defend
8 our position. He then asked the Commission for consensus so that
9 he may be able to work with those governments he mentioned —the
10 Commission agreed.
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12 On another subject, Counselor Figueredo informed the
13 Commission that he has been working with the Pension Board and
14 that they have almost finished with the pension ordinance,
15 incorporating the most recent changes to the Florida Statutes.
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17 Counselor then requested an attorney- client session in the
18 case of Balogun vs. the City of South Miami, in order to provide
19 the Commission with an update on that matter. The session was
20 scheduled for Tuesday, July 28, 2009 from 7:00 - 7:30 p.m.
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23 PUBLIC REMARKS
24 (5- minutes)
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26 David Tucker Sr. addressed the Commission welcoming everyone
27 from their summer (hiatus) vacation. He then elaborated on the
28 various City celebrations.
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30 Javier Banos reported two break -ins to his vehicles parked
31 at home, urging the Commission to do something in order to
32 protect the residents. He also referred to the proposed FPL
33 transmission lines; about the term limit ordinance he c that it
34 is not easy to find people ready to serve.
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36 Yvonne Beckman said that she has applied to boards many
37 times but has never been selected by Mayor Feliu to serve. She
38 then referred to the charter school and also about the issues
39 relating to the proposed FPL transmission lines, urging everyone
40 to write to FPL expressing their concern regarding FPL's
41 proposal. At the conclusion of her time, Ms. Beckman began using
42 ethnic innuendos.
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44 At this time Mayor Feliu said that Ms. Beckman's behavior
45 underlines exactly why certain people, at least during his tenure
46 will not serve on boards.
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48 As the Mayor concluded, Ms. Beckman went back to the podium
49 telling the Mayor that he had been very rude and that she
50 deserved a rebuttal. The Mayor repeatedly asked Ms. Beckman to go
REGULAR CITY COMMISSION 4
MINUTES - July 21, 2009
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back to her seat, but as she continued, he stopped the meeting
and asked Chief. Richardson to escort Ms. Beckman out of the
Chamber.
At this time Commissioner Newman requested a "point of
order" to make a motion that Ms. Beckman be allowed back in the
room. Seconded by Vice Mayor Beasley.
Mayor Feliu said that he agrees that everyone has the right
to speak; however he said that he has a problem when people start
insulting others and that there is no room for that.
Vice Mayor Beasley said that civility starts at the dais.
Commissioner Palmer asked Counselor Figueredo to explain
what would be the rules on this issue. Counselor said that the
Mayor is the Chair, and if he feels that a member of the
citizenry is being disruptive, he can make a ruling to remove the
person that is disrupting the proceedings. He has acted
appropriately within his power, he said. The Commissioner can
absolutely make a motion to bring back the person and the
Commission would vote on that motion.
With no further comments, the motion passed by a 4 -1 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
Walter Harris urged the Commission to
atmosphere of animosity during Commission
feelings and so on. He again announced the
November 14th for the "eat together citywide
referred to the EAR item, urging to remove the
from the document; and kindly urged the
possible, to withdraw the lawsuit.
Yea
Yea
Yea
Yea
Nay
rise above the
meetings, heart
tentative date of
event ". He then
proposed 60 units
City Manager, if
Dick Ward referred to the charter school issue. He said that
they are supposed to serve their community. He also said that
they do not have a place for a playground, urging the Commission
against leasing the Community Center field which will be opening
the opportunity for liability.
At this time Commissioner Palmer suggested to the City
Manager that the director for this region be contacted on this
project
REGULAR CITY COMMISSION 5
MINUTES - July 21, 2009
1 Pat Shield thanked Commissioner Palmer and staff for
2 promptly responding to her request to remove a coconut tree
3 planted on the swale that was causing problems with coconuts
4 falling and threatening to damage cars parked near her home.
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6 John Edward Smith referred to the FPL project saying that
7 his understanding is that South Miami is a birds' sanctuary and
8 it could be worth exploring what that entails in terms of
9 protecting the City against the transmission lines coming through
10 South Miami. He then requested for a Commissioner to initiate the
11 review of an ordinance relating to the charging of a per- square-
12 foot fee for special events within our retail and restaurant
13 district; he spoke with concern about the impact that this may
14 have on events and festivals when closing streets.
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16 Mr. Balogun explained that we have established that we are
17 not going to be charging festivals and events that we sponsor,
18 and we plan to bring forward that ordinance amending the portion
19 addressing this issue.
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21 James Dundorf, president of the South Miami Homeowners
22 Association (SMHA) said that the their meeting last night
23 prepared a resolution addressing the EAR 60 -units issue, and
24 proceeded to read the resolution supporting development in the
25 CRA area as expressed in the Charrettes; he said that residents
26 are very concerned about the idea of the 60- units - per -acre
27 density which they do not consider would be good for any part of
28 the City.
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30 Roxanne Scalia concurred with Mr. Smith's comment regarding
31 the City being a birds' sanctuary; she then requested copy of the
32 dates announced by the City Attorney with regard to FPL's
33 transmission lines application process. She spoke in support of
34 the ordinance removing the proposed Madison Square 60- units -per-
35 acre. She then acknowledged the fact that Vice Mayor Beasley had
36 donated four laptops to the kids in the community.
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38 Eda Harris echoing on the birds' sanctuary comment said that
39 she has a lot of contacts because she is involved with all kinds
40 of animal projects and perhaps all of these organizations
41 involved in the protection of animals may help in the fight
42 against the proposed transmission lines coming through the City.
43 She also spoke in favor of the item on the agenda relating to the
44 EAR. Regarding the City Manager's lawsuit against Commissioner
45 Newman, Ms. Harris said that the more she spoke with neighbors
46 and residents about it she realized that the frustration is
47 growing beyond anything imaginable, and that she is very
48 concerned about the financial burden on the City as the result of
49 the lawsuit.
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REGULAR CITY COMMISSION 6
MINUTES - July 21, 2009
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Rev. Russell Harris referred to the proposed Madison Square
project and the fight over density, saying that nobody spoke
against Sunset Place, Red Rd Commons or Valencia when the
respective projects were being proposed; he said that he does not
understand all the controversy of a project that has not even
been presented yet. He said that the St. John AME, Mount Olive
and Mount Nebo Churches have already pledged spaces to mitigate
whatever density problems there might be.
John Anderson said that there are three buildings, in the
area that were constructed without noticing the community; he
then urged the Commission to keep the community better informed.
Beth Schwartz spoke about a building across from South Miami
Hospital, on the east side of SW 62nd Avenue where she said there
is a fence around that building and that some construction is
going on, and that she has not heard anything about it. She then
referred to missing trees that were supposed to be planted at a
corner of the Valencia building, and about three oak trees that
were cut leading up to the entrance and replaced by thin palm
trees; she also referred to people sleeping in front of the
Fellowship House door early in the morning which is very improper
for the image of the City.
With no further speakers the public remarks session was
closed.
At this time items no. 4 and no. 5 were pulled from the
Consent (now nos. 5 and 6)
CONSENT
115 -09 -12924
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
MONTALVO, P.A. IN THE AMOUNT OF $22,570.83 ; CHARGING
$22,570.83 TO ACCOUNT NO. 001 - 1500 - 514.34 -10; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
motion to approve the Consent Agenda passed by a 5- O.vote:
Commissioner Palmer: Yea
REGULAR CITY COMMISSION 7
MINUTES - July 21, 2009
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Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars Yea
Mayor Feliu: Yea
RESOLUTION (S)
116 -09 -12925
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
SUBMITTED BY CHAMBER SOUTH: (1) TO PERMIT PURSUANT TO
LAND DEVELOPMENT CODE SECTION 20- 4.3(N) THE
INSTALLATION OF A BANNER AT 5800 SUNSET DRIVE TO
PROMOTE THE 38TH ANNUAL SOUTH MIAMI ART FESTIVAL TO BE
HELD IN THE SOUTH MIAMI DOWNTOWN, NOVEMBER 7 -8, 2009;
(2) REQUESTING A WAIVER OF THE TEMPORARY RIGHT -OF -WAY
USAGE FEE FOR THE TWO DAY FESTIVAL; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Commissioner Sellars requested clarification of the process
for this type of request. He also said that if most fees are
being waived, then what is the purpose of having that
requirement, and who pays when fees are waived.
Mr. Balogun explained that every request relating to
approval of a banner is required by Code to come to the
Commission. Also the approval process for waiving of fees is
required by Code. He also explained that the fees were
established in part to discourage anyone that would just ask to
close the streets to have an event that might not be appropriate
in the right of way of the City.
Commissioner Palmer asked as to how all of these fees being
waived might impact our budget. Mr. Balogun said that it does
impact our budget and that he will be explaining it in detail
during the budget process. Commissioner Palmer also said to be
concerned about fairness and not applying the rules across the
board.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
REGULAR CITY COMMISSION 8
MINUTES - July 21, 2009
1 Vice Mayor Beasley: Yea
2 Commissioner Newman: Yea
3 Commissioner Sellars Yea
4 Mayor Feliu: Yea
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6
7 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
9 MANAGER TO SUBMIT A GRANT APPLICATION FOR MIAMI -DADE
10 COUNTY'S SAFE NEIGHBORHOOD PARKS BOND PROGRAM FOR PARK
11 IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
12 (City Manager)
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14 Moved by Commissioner Newman, seconded by Mayor Feliu to
15 approve this item.
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17 Commissioner Sellars asked whether there are plans and
18 whether engineering studies have been done; he said that he
19 realizes that there is a need for a pool so that children may
20 learn how to swim; however, an aquatic center is a much larger
21 complex. He said that he just wanted to make sure that the
22 purpose of this resolution is just for applying for a grant.
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24 Mr. Balogun explained that this resolution will just allow
25 the City to apply for the funding; he also explained that the
26 term of "aquatic center" was used initially when it was applied
27 for funding and to secure that funding, and in order to be
28 consistent we have to use that term again; however, a pool and
29 locker room is all that this is intended to be.
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31 Commissioner Newman said to be concerned with the grant
32 application process, referring to Section 6 (7) on page 21 of the
33 grant application.
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35 Counselor Figueredo said that the way he reads it is that
36 the grant would obligate the building• of a pool but not a
37 specific design; furthermore, the commitment to build the pool is
38 by signing the agreement, not by submitting the application for
39 the grant. He then suggested for Commissioner Newman to make a
40 motion to delete the language pertaining to the execution of the
41 grant agreement.
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43 Moved by Commissioner Newman to delete the language under
44 Section 1, line 38 of the resolution which reads "to execute such
45 grant agreement and other contracts and documents ". Seconded by
46 Mayor Feliu.
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48 Mr. Balogun explained that when we get funding we always
49 bring the agreement back to the Commission.
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REGULAR CITY COMMISSION 9.
MINUTES - July 21, 2009
Commissioner Newman said that she is absolutely in favor of
a pool, but not in favor of an aquatic center, so she said that
she wants to make sure that she knows what she is seeking the
grant for; she said that this actually would become a loan if we
do not meet the requirements, and urged to consider this very
carefully before committing the City at this time to this amount
of money. She said that she is not comfortable with the language
and the term of this application. She added that she is not
comfortable with the whole first paragraph of Section 1 of the
resolution and that the whole paragraph would have to be removed
as well. She also said having a problem with blank forms in the
backup.
Mr. Balogun said that the figures are explained on the memo
accompanying the resolution; however, he explained that the
reason for not filling the blanks is because he does not want to
assume what the Commission might decide. Commissioner Newman said
that she would appreciate seeing the application filled out with
the numbers so that she would know from what point we are
operating.
Counselor Figueredo recommended including language in the
resolution that says: the grant agreement itself cannot be
executed by the City staff until is brought back to the City
Commission for approval. Therefore, all the Commission would be
doing is applying, so that there would be no re- precaution to the
Commission because you haven't signed an agreement.
Commissioner Newman then said that she would like to defer
this item until next week so that she can have a chance to review
it with the City Attorney so that she could feel comfortable
before she makes any commitment.
Moved by Commissioner Newman, seconded by Mayor Feliu to
defer this item.
Commissioner Palmer said that she knows that these grant
applications are very specific and you need to follow all the
rules. We are just asking for the funding because we all agree
that we want to build a pool; therefore, she said that she does
not understand so much discussion every time that we ask for
funding.
Vice Mayor Beasley then urged staff to have the forms filled
out for next week's meeting.
With no further comments, the motion to defer this item
until next week passed by a 4 -1 vote:
Commissioner Palmer: Nay
REGULAR CITY COMMISSION 10
MINUTES - July 21, 2009
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Vice Mayor'Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
Yea
Yea
Yea
Yea
ORDINANCE (S) SECOND, READING PUBLIC HEARING (S)
10 -09 -2002
7. 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. (Deferred 4121109) 5/5
(Vice Mayor Beasley)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Youkilis presented this item which was approved on first
reading on April 7, 2009. He explained that the purpose of this
ordinance is to allow a mobile pet grooming service to operate
out of a van which would park on the property and provide the
grooming of a pet inside the vehicle. In order to allow this type
of business in residential zones, the mobile pet grooming service
would have to be allowed as a permitted use in all residential
zones. The second and essential part of this ordinance is to
define in detail what a mobile pet grooming service is, and all
of that is included in the language of this ordinance.
At the conclusion of staff's presentation, the public
hearing was opened and closed with.no speakers.
Mayor Feliu said that he will support this ordinance. He
then added that this is the very reason why he was opposing the
charter amendment requiring a five -fifth vote because it is not
right that this individual applying for what is viewed as the
liberalization of our Code had to wait all this time just to get
a five -fifth vote on a dog grooming business.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
REGULAR CITY COMMISSION 1 1
MINUTES - July 21, 2009
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Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars Yea
Mayor Feliu: Yea
11 -09 -2003
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ADOPTED
ORDINANCE 54 -08 -1989, WHICH ORDINANCE AUTHORIZED THE
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 Vice Mayor Beasley to
approve this item.
Mr. Balogun presented this item. Further information
requested at the first reading of this ordinance has been
provided as backup for the second reading.
At this time the public hearing was opened.
Beth Schwartz referred to the four Crown Victoria vehicles
being purchased, asking as to what part of staff would be using
them. Mr. Balogun explained that they will be used by the police.
Commissioner Newman asked for clarification regarding the
three bids since they were obtained during different periods of
time. Counselor Figueredo explained that this was a fairly unique
situation in which this Commission originally approved the
acquisition based on an ordinance that stated that it was based
on a piggyback; when it was realized that it was no longer
REGULAR CITY COMMISSION
MINUTES - July 21, 2009
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piggyback, he advised that the ordinance had to be brought back.
He said that he could not speak about the differences, in time for
when the bids were received, but that he could speak about the
delay, and the delay was that after reviewing all the information
that was put together his opinion was that the item had to come
back before this Commission.
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
12 -09 -2004
9. 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, going over the amendments
made by the Commission at its meeting of June 16, 2009. The
ordinance sets limitations on whom and when, can appeal to the
decision of the ERPB.
At this time the public hearing was opened and closed with
no speakers.
Moved by Commissioner Sellars to amend the ordinance with
the revised language as presented to the Commission this evening.
Seconded by Commissioner Palmer, the motion to approve this item
as amended and as a whole passed by a 5 -0 vote:
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Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars Yea
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1 Mayor Feliu: Yea
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6 RESOLUTION (S) PUBLIC HEARING (S)
7 (NONE)
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11 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
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14 10. AN ORDINANCE OF THE. MAYOR AND CITY COMMISSION OF THE
15 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
16 MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
17 AMENDMENT DOCUMENT ADOPTED -BY THE CITY COMMISSION ON
18 AUGUST 23, .2007 AND FOUND CONSISTENT WITH STATE LAW BY
19 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ON JANUARY
20 18, 2008, IN ORDER TO REMOVE FROM THE FUTURE LAND USE
21 ELEMENT A PROPOSED NEW FUTURE LAND USE CATEGORY -
22 ENTITLED "NEIGHBORHOOD CENTER / MIXED USE DISTRICT ";
23, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
24 PROVIDING AN EFFECTIVE DATE. 3/5
25 (Vice Mayor Beasley)
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27 Moved by Vice Mayor Beasley, seconded by Commissioner Palmer
28 to approve this item.
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30 Commissioner Palmer said that this is a very important
31 subject over which she has been reflecting the entire summer;
32 this has been on the table for a very long time and it impacts
33 all of the citizens of South Miami. She said that she is not
34 advocating for 60 units; however, this is an opportunity for us
35 to build affordable housing. She said that she will be sponsoring
36 an ordinance at the next Planning Board meeting of August 11th
37 that makes the new land use designation site specific —it will
38 only apply to Madison Square, and that there will be no room for
39 62nd Avenue. She then asked the Vice Mayor, who is the sponsor of
40 this ordinance for his support to defer this item until her
41 ordinance can be considered. We owe it to the community to look
42 at both options together, instead of holding one public hearing
43 after another.
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45 At this time Vice Mayor Beasley said that he would like to
46 allow staff to present the item and that after hearing from the
47 public he would express his concerns and his answer.
REGULAR CITY COMMISSION 14
MINUTES - July 21, 2009
1
2 Mr. Youkilis provided an overview of the staff report,
3 giving a synopsis of the history of the EAR document since it was
4 adopted on August 23, 2007 and approved by Florida Department of
5 Community Affairs (DCA) in January 2008. The document, requiring
6 two public hearings, has not been completed despite continuing
7 attempts during the past two years. The reason for the delay
8 relates to a proposed amendment which was adopted by the City
9 Commission as part of the original EAR in August 2007; that
10 amendment created a new Future Land Use Category entitled
11 "Neighborhood Center /Mixed Use District ", providing for densities
12 of 60 -units per acre, higher than the existing land use category
13 on the property and all other current Land Use Categories.
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15 Mr. Youkilis continued explaining that the new proposal
16 introduced by the Vice Mayor is contained in this ordinance,
17 making an adjustment to the ordinance adopted on August 23, 2007
18 and for the purpose of removing from the original EAR Based Text
19 Amendment document any reference to a new proposed future land
20 use category entitled "Neighborhood Center /Mixed Use District ".
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22 Vice Mayor Beasley said that he has already talked to the
23 City Attorney about drafting a resolution to go ahead and do a
24 study and hopefully move forward Madison Square, and that
25 resolution will be ready for the next meeting.
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27 The public hearing was opened at this time.
28
29 Walter Harris made comments regarding the Planning Board
30 meeting on this item and its three -two vote recommending
31 continuing support for the existing wording for the proposed
32 "Neighborhood Center /Mixed Use District category. He urged the
33 Commission to clear the air about the whole thing and get started
34 afresh.
35
36 Beth Schwartz said that she has always been there when a big
37 project has been underway, such as Valencia, a site that she
38 envisioned for a central park that would be next to the
39 Metrorail. She then urged the Commission to pass this ordinance
40 as presented because we do not need to have language of up to 60
41 units which is leaving the door open. She said that she also
42 wants to see Madison Square built but the 60 -unit language is
43 very dangerous for the City.
44
45 Rodney Williams asked for clarification regarding compliance
46 with DCA. He said that the people in the community have spoken
47 and that they wish to have a mixed -use building in their
48 community. He then asked the Vice Mayor whether he had explored
49 other options.
50
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MINUTES - July 21, 2009
1 Vice Mayor Beasley explained that he has made many efforts
2 in order to find alternatives. One of them was asking staff
3 putting boundaries in the language; however, he was later advised
4 that it would not be possible to include Madison Square because
5 is not location specific; it is for the entire City. He said that
6 he is living up to his campaign promises that he would work
7 towards responsible development.
8
9 At this time Commissioner Newman requested a "point of
10 order ", asking for clarification as to whether Mr. Williams, who
11 is a member of the CRA Board, could speak before. the Commission
12 regarding the CRA.
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14 Counselor Figueredo clarified that Mr. Williams could speak
15 since this item is a planning issue that is purely an EAR
16 amendment which goes from Planning Board to Commission.
17
18 David Tucker Sr. addressed the Commission about Madison
19 Square since it was first talked about, urging the Commission to
20 come up with a master plan for that project.
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22 Bob Welsh spoke against the language of 60 -units per acre
23 because of the precedent that would be established, as well as
24 the possible impact of Madison Square in terms of a financial
25 burden on the residents for the rest of the City.
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27 Roxanne Scalia said that it seems impossible to build 60
28 units in just a little over an acre piece of property. She said
29 that we are changing the zoning for one project that we do not
30 even have yet, and urged the Commission to pass this ordinance
31 and address Madison Square by itself at a later date.
32
33 Moved by Commissioner Newman, seconded by Mayor Feliu, the
34 motion to extend the meeting beyond 11:00 p.m. passed by a 5 -0
35 vote:
36 Commissioner Palmer: Yea
37 Vice Mayor Beasley: Yea
38 Commissioner Newman: Yea
39 Commissioner Sellars Yea
40 Mayor Feliu: Yea
41
42 With no further speakers the public hearing was closed.
43
44 At this time Vice Mayor Beasley asked staff whether there
45 was ever a study made to support the 60 -units per acre.
46
47 CRA Director, Stephen David, explained that there has been
48 nothing formal done regarding a study, other than the 2001 multi -
49 family housing study, and the Charrettes information from which
50 the consultants came up with the density evaluation.
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MINUTES - July 21, 2009
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Vice Mayor Beasley clarified that the recommendations on the
above - referenced study are 14.5 units per acre for one half of
Madison Square, and 23.5 units per acre for the other half of
Madison Square.
Mr. David said that at one point in the past the CRA was
about to be shut down by the County unless we came back with a
bond; therefore, we had to proof to the County Commissioners that
we could get a bond for a specific project, so we used Madison
Square; at that time, the Planning Director was asked to put
together as backup for the County Commission some concrete type
numbers of what the project could look like. The Planning
Director then came up with the amount of units based on several
different factors.
Vice Mayor Beasley said that his reason for bringing forward
this ordinance is basically to help our City move forward. He
said that he does want Madison Square and that he has been
fighting for it since he was elected, but at the same time, he
said that there is a need for conducting a full study of the
density that we are using in our City.
Mayor Feliu said that he is not for.the 60-unit_ per acre
kind of density; however, twenty -four might be too low to provide
incentives to give affordable housing and at the same time the
retail business space that could be used. So, there is a chance
for compromise to make it work, and to bring it forward in such a
manner that the D.CA would approve.
Commissioner Palmer said at this time that she would like to
have an answer to her prior question to the Vice Mayor.
At this time Commissioner Newman requested for the Vice
Mayor not to defer this issue which has been around long enough;
she said that she has always been against 60 -units per acre, and
that she promised that she would work towards responsible
development. She said that come November we can introduce any
amendment to the Comprehensive Plan to include responsibly
whatever it is for Madison Square or any other part of the City.
Commissioner Palmer said that at no time she has said that
she supports 60 units; however, what we are doing here is not
right. This did not start tonight, she continued, and it has been
around for a long time and people have put time and effort on
this. If every time this Commission changes we change the game,
we will never have anything. DCA gave us an instruction after we
had submitted our plan, so why can't we send the document back
with our amendments instead of all going in different directions.
She urged the Commission to compromise on the amount of units so
that they can finish with the EAR process.
REGULAR CITY COMMISSION 17
MINUTES - July 21, 2009
1
2 Commissioner Sellars referred to the EAR that passed in
3 February of 2006, saying that the Planning Board referred to that
4 date as well. He said that the report refers to a neighborhood
5 cultural center mixed use development (two stories); at least
6 three Commissioners at the time when this was passed, all said
7 two stories are what we want. He said that between the 2006
8 document and the present this changed, and now we find the
9 neighborhood center with four stories. Back in 2005 there was no
10 mention of density; all of the sudden in 2007 density appeared.
11 He said that he needed a definite yes or no answer as to whether
12 this use can be applied throughout the City as it is currently
13 drafted in this report we sent up in August of 2007.
14
15 Mr. Youkilis responded that the use may be applied anywhere
16 in the City as long as there are five votes from the Commission.
17
18 Commissioner Sellars then asked for clarification about the
19 legal sufficiency of setting boundaries.
20
21 Counselor Figueredo said that his position is not that the
22 City have provided boundaries, but his argument would be that the
23 definition of the land use is specific to one specific site; the
24 definition is included and the DCA which is the agency that is in
25 charge of the land use for the entire state, it has reviewed and
26 has found it to be legally sufficient and has approved that; so
27 to put it somewhere else you will have to change that definition
28 in an amendment.
29
30 Commissioner Sellars then asked why the boundaries were not
31 included in the document when it was submitted in 2007.
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33 Counselor Figueredo said that the only thing that he could
34 think of is that after the document was submitted, minds
35 evaluated it and saw flows.
36
37 Mayor Feliu reiterated that he is willing to compromise, and
38 definitely would like to see the definition of what the Madison
39 Square subject entails and the land itself, so there is no
40 misinterpretation of what our intent is with Madison Square. He
41 said that the issue with the EAR is the mechanism and that they
42 have an opportunity to correct it but this is not the manner of
43 doing so.
44
45 With some further comments, the motion to approve this item
46 passed by a 3 -2 vote:
47
48 Commissioner Palmer: Nay
49 Vice Mayor Beasley: Yea
50 Commissioner Newman: Yea
51 Commissioner Sellars Yea
REGULAR CITY COMMISSION 18
MINUTES - July 21, 2009
1 Mayor Feliu: Nay
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ORDINANCE (S) FIRST READING
11. 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
& tabled 4121109) 3/5
(Commissioner
Palmer)
Moved by Mayor Feliu, seconded by Commissioner Palmer and
Vice Mayor Beasley to approve this item.
Commissioner Palmer said that some members have been serving
for a long time; therefore, she thought that the best way to go
about it is by setting some kind of standard as outlined on the
ordinance. After serving the two terms, the person may apply
again after one year has elapsed.
Mayor Feliu said that he understands Commissioner Palmer's
intent, but that we have a small City with limited amount of
volunteers who are also professionals and willing to serve. He
added that one of the important qualities in a person that would
serve on a board is his /her ability to get along with others and
that be willing to work as a team.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
45 UNFINISHED BUSINESS
46
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REGULAR CITY COMMISSION 19
MINUTES - July 21, 2009
Yea
Yea
Yea
Yea
Nay
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12. 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. (Deferred 6116109) 3/5
(City Manager)
13. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER TO CLARIFY THE
DEFINITION OF COMMERCIAL VEHICLE AND TO CLARIFY SECTION
20- 4.4(F)(4) WHICH PROHIBITS PARKING OF COMMERCIAL
VEHICLES IN RESIDENTIAL ZONES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
14. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE
ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS
RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION
ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND
USE AND DEVELOPMENT REGULATIONS WHICH WILL BE
CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER
4, 2008; PROVIDING FOR SEVERABILITY. 3/5
(City Manager)
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 12:03 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION 2 0
MINUTES - July 21, 2009
Approved
Horace G. Feliu
Mayor