08-04-09 MinutesDa
1 City of South Miami
2 Regular City Commission Minutes
3 August 4, 2009
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, August 4, 2009, beginning at 7:35
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
14 Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
15
16 Also in attendance were: City Attorney Luis Figueredo, City
17 Clerk Maria M. Menendez and City Manager Ajibola Balogun.
18
19 B. Invocation: The invocation was delivered by Commissioner
20 Sellars.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 County Commissioner Carlos Gimenez addressed the Commission
28 saying, among other things, that his intention is not to raise
29 the millage. He also reassured the Commission that he will work
30 at restoring the seniors' meals program.
31
32
33 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
34
35 1. Approval of Minutes
36
37 Minutes'of July 21, 2009
38
39 Moved by Commissioner Palmer, seconded by Vice Mayor
40 Beasley, the motion to approve the minutes of July 21, 2009
41 passed by a 4 -0 vote:
42
43 Commissioner Palmer: Yea
44 Vice Mayor Beasley: Yea
45 Commissioner Newman: Yea
CITY COMMISSION MINUTES 1
August 4, 2009
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1 Commissioner Sellars: Yea
2 Mayor Feliu: Abstained
3
4
5 2. City Manager's Report (25 minutes)
6
7 • USDOJ JAG Grant Application Funding Update; (Red folder
8 info)
9 • Status Report on Cambridge Lawns Historic Markers: (Red
10 folder info)
11 • Requested to look into the "cash for clunkers" program;
12 (Newman /Balogun)
13
14 With no further comments the City Manager's Report ended.
15
16
17 3. City Attorney's Report (15- minutes)
18
19 Counselor Figueredo addressed the charter school issue,
20 stating that as per Florida Statutes all charter schools are
21 public schools; after reviewing the section dealing with local
22 governments he said that typically what a local government will
23 assess the location of the school to make sure that it is
24 consistent with its comprehensive plan. In the event that it is
25 not consistent with the comprehensive plan, then even though we
26 cannot deny it, we can impose a condition if needed; this is a
27 permitted use, he said, adding that he has asked for
28 documentation and will be reporting to this Commission about
29 compliance.
30
31 With no further comments the City Attorney's Report ended.
32
33
34
35 RESOLUTION (S)
36
37 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE PLANNING
39 AND ZONING DEPARTMENT AND THE PLANNING BOARD TO PREPARE
40 AND INITIATE AN AMENDMENT TO THE COMPREHENSIVE PLAN
41 FUTURE LAND USE ELEMENT FOR A NEW FUTURE LAND USE MAP
42 CATEGORY ENTITLED "NEIGHBORHOOD CENTER /MIXED USE
43 DISTRICT" WHICH AMENDMENT WOULD ALLOW FOR THE
44 IMPLEMENTATION OF PLANS FOR THE MADISON SQUARE PROJECT
45 AND WHICH DISTRICT WOULD FURTHER BE LIMITED IN ITS
46 APPLICATION TO THE GEOGRAPHIC BOUNDARIES OF THE
CITY COMMISSION MINUTES 2
August 4, 2009
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PROPOSED MADISON SQUARE PROJECT AREA; PROVIDING AN
EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Vice Mayor Beasley said that he has problems with the
language of the resolution and his real intent which is moving
Madison Square forward, but that we need to create a plan for the
area; the second thing is to look into the land use; then, we
need to create a design according to the land that we own. He
said that creating a new land use right now is premature, and the
resolution really does not address any of those issues. He said
that he cannot vote on his own sponsored resolution for the
reasons stated, so he proposed to direct staff to create a master
plan for the area around Madison Square.
The Commission discussed this issue, each of them providing
suggestions. Also CRA Director David provided further information
about the property for the proposed project.
Commissioner Palmer concurred with the Vice Mayor for the
need to develop a plan.
Mr. Balogun recommended for staff to meet with the Vice
Mayor to get proper direction as to the scope for the plan.
Moved by Vice Mayor Beasley to table this item. Seconded by
Mayor Feliu, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
5. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE
EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE
CITY COMMISSION MINUTES
August 4, 2009
3
El ant
1 AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES
2 FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
3 LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
4 CONSERVATION; RECREATION AND OPEN SPACE;
5 INTERGOVERNMENTAL COORDINATION; AND CAPITAL
6 IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
7 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5
8 (Vice Mayor Beasley)
9
10 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
11 approve this item.
12
13 Vice Mayor Beasley said that the purpose of this item is to
14 move the EAR process forward.
15
16 Mayor Feliu said that the reason for which the EAR process
17 has not moved forward is because the land use definition for the
18 Madison Square project has been removed from the document. He
19 said that the community in that area has spoken many times about
20 how much they want to see the project going. He said that he
21 understands that sixty units per acre is too much and twenty -four
22 is too little, but that they need to come to a consensus so that
23 they can move the process forward.
24
25 Commissioner Palmer said that she has always been in favor
26 of what the recommendations were from everybody, including the
27 Commission and the community. She said that she agrees that sixty
28 units per acre is too high, however, we need a compromise; she
29 said that she is willing to work with every member of this
30 Commission.
31
32 Commissioner Newman said that she is not happy with this
33 either because the will of the people is not reflected on this
34 document; she said that the will of the people was not for four
35 stories but for two stories; not for sixty units per acre but
36 twenty -four units per acre. She said that therefore it might be a
37 good idea to go into the new EAR process and hear what the people
38 have to say.
39
40 Commissioner Sellars said that he does not agree with the
41 sixty unit density, and neither with the four stories. He then
42 asked staff what would be the consequences for the City by not
43 sending the document now.
44
45 Counselor Figueredo said that the consequences could be that
46 the City can always be sanctioned, and DCA would have to make a
47 finding for non - compliance. Meantime, the effects would be that
48 the City needs to make changes to the Comprehensive Plan.
49
CITY COMMISSION MINUTES 4
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Vice Mayor Beasley said as a manner of clarification that
this land use category is for the entire City of South Miami, it
is not site specific.
At this time the public hearing was opened.
Levy Kelly said that the people have spoken and that they
want to develop Madison Square.
At this time Commissioner Newman asked for a point of order,
requesting that the Commission adheres to Roberts Rules of Order
by speaking only about the subject matter of the item being
discussed. Also, that each member of the Commission is allowed to
speak on the item. In this case, the purpose of the ordinance is
to send the EAR document to DCA as previously amended.
Dick Ward said that what is interfering with the EAR process
is the sixty units.
Walter Harris urged the Commission to approve this ordinance
to allow the process to continue its course.
David Tucker Sr. urged the Commission to allow for the
Madison Square project to move on.
With no further speakers the public hearing was closed.
With some further comments, the motion to approve this item
failed by a.3 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Nay
ORDINANCE (S) FIRST READING
6. AN ORDINANCE OF THE
MAYOR AND CITY
COMMISSION OF THE
CITY OF
SOUTH MIAMI,
FLORIDA, RELATING
TO THE POSITION
OF THE
CITY MANAGER;
AMENDING THE CODE OF ORDINANCES
CHAPTER
21 "ADMINISTRATION AND
CITY GOVERNMENT,"
SECTION
2 -4.4, ENTITLED "RESERVED,"
PROVIDING FOR AN
ANNUAL
PERFORMANCE
EVALUATION;
PROVIDING FOR
CITY COMMISSION MINUTES
August 4, 2009
G
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1 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
2 PROVIDING AN EFFECTIVE DATE. 3/5
3 (Commissioner Palmer)
4
5 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
6 to approve this item.
7
8 Commissioner Palmer said that her intent with this ordinance
9 is that in her opinion every city manager that works for the City
10 should be evaluated. Among other things, she said that an
11 evaluation is a very important document.
12
13 Mayor Feliu concurred with Commissioner Palmer, saying that
14 feedback is key to any organization.
15
16 Commissioner Newman also concurred with the above
17 colleagues; however, she expressed concern about possible
18 violation of the Sunshine Law, while citing some attorney general
19 opinions (AGO) that talks about this particular subject. She
20 asked Counselor to clarify whether they would be in compliance
21 with the Sunshine Law if passing this ordinance as written.
22
23 Counselor Figueredo said that he will read the opinions
24 completely and will return with a report by the next meeting of
25 the Commission.
26
27 Vice Mayor Beasley then recommended deferring the ordinance
28 until the concerns over possible Sunshine violation may be
29 clarified by the City Attorney.
30
31 After some discussion among the Commission, some amendments
32 were introduced.
33
34 Moved by Commissioner Sellars to amend the ordinance on page
35 2, line 25, Section l(b)l) to add: "...shall occur each year before
36 the City Manager's contract anniversary` date." Seconded by
37 Commissioner Palmer, the motion passed by a 5 -0 vote:
38
39
40 Commissioner Palmer: Yea
41 Vice Mayor Beasley: Yea
42 Commissioner Newman: Yea
43 Commissioner Sellars: Yea
44 Mayor Feliu: Yea
45
46 Moved by Commissioner Sellars to amend the ordinance on page
47 2, line 39, Section 1(c) to add: "...as a contractual promise or a
CITY COMMISSION MINUTES 6
August 4, 2009
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1
guarantee of a pay raise, a contract or covenant..... Seconded by
2
Commissioner Palmer, the motion passed by a 5 -0
vote:
3
4
Commissioner Palmer:
Yea
5
Vice Mayor Beasley:
Yea
6
Commissioner Newman:
Yea
7
Commissioner Sellars:
Yea
8
Mayor Feliu:
Yea
9
10
Moved by Vice Mayor Beasley, seconded
by Commissioner
11
Newman, the motion to defer this item failed by
a 2 -3 vote:
12
13
Commissioner Palmer:
Nay
14
Vice Mayor Beasley:
Yea
15
Commissioner Newman:
Yea
16
Commissioner Sellars:
Nay
17
Mayor Feliu:
Nay
18
19
Moved by Commissioner Palmer to amend the
ordinance on page
20
2, line 36, Section 1(b)4) to remove line 36.
Seconded by Mayor
21
Feliu, the motion passed by a 5 -0 vote:
22
23
Commissioner Palmer:
Yea
24
Vice Mayor Beasley:
Yea
25
Commissioner Newman:
Yea
26
Commissioner Sellars:
Yea
27
Mayor Feliu:
Yea
28
29
With no further comments, the motion to approve this item as
30
amended passed by a 3 -2 vote:
31
32
Commissioner Palmer:
Yea
33
Vice Mayor Beasley:
Nay
34
Commissioner Newman:
Nay
35
Commissioner Sellars:
Yea
36
Mayor Feliu:
Yea
37
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40
41
PUBLIC REMARKS
42
(5 minutes)
43
44
David Tucker Sr. addressed the Commission
with the
45
proposition of a resolution he drafted,
adopting ethical
46
procedures and rules in order to speed up the meetings.
47
CITY COMMISSION MINUTES 7
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Javier Banos referred to item no. 17 relating to
Commissioner Newman's legal fees, saying that the situation could
have been resolved by choosing mediation procedures, resulting in
a less costly process.
Walter Harris referred to the requirements for the five -
fifth vote Charter amendment which was adopted November 4, 2008.
He said that the intent of the voters was to make it harder for
developments.
Eda Harris also referred to the November 4th Charter
amendment, concurring with Mr. Harris.
Beth Schwartz also referred to the November 4th Charter
amendment, saying that the intent had been manipulated. About the
EAR she said that she is disappointed with the fact that the
document remains unfinished.
Suzanne Chaffin addressed the Commission referring to a
couple of homes in her neighborhood, saying that they seem to be
used for business, resulting in overflow parking, trash and
noise. She wanted to know the status of Code Enforcement
enforcing the violations she described.
Mr. Balogun explained that the City is pursuing that issue
with Code Enforcement.
Denise Madan spoke about drainage problems she has in front
of her home because when it rains all the water accumulates in
front of her property.
Mr. Balogun explained that the items relating to drainage
improvement are on the agenda and that.he expects construction to
start within sixty days.
Bob Welsh referred to the November 4th Charter amendments,
saying that more than the intent, what is important is that the
people approved them as written.
Dick Ward spoke about the swimming pool, commending the
Commission for having voted at the last Commission meeting in
favor of a grant for its construction.
With no further speakers the public remarks section was
closed.
At this time Commissioner Newman told Mr. Tucker that she
will be glad to sponsor his proposed resolution since it is a
CITY COMMISSION MINUTES 8
August 4, 2009
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great idea. She then requested information on the cost of putting
all backup agenda online.
Also at this time, items no. 11, 15 and 16 on the Consent
Agenda were pulled (now nos. 14, 15 and 16)
CONSENT
126 -09 -12935
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE TO
PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH MIAMI
FULL TIME EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE.
(City Manager)
127 -09 -12936
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO SNG LOW VOLUME
IRRIGATION SYSTEM INC. FOR THE RENOVATION OF EXISTING
IRRIGATION SYSTEM AT PALMER PARK IN AN AMOUNT OF
$18,000.00 TO BE CHARGED TO PARKS MAINTENANCE
CONTRACTUAL ACCOUNT NUMBER 001 - 1750 - 519 -3450; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
128 -09 -12937
9. 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 TYLIN- HJROSS FOR
CONSTRUCTION PHASE SERVICES FOR CITYWIDE DRAINAGE
IMPROVEMENTS PHASE V IN AN AMOUNT OF $22,698.00 TO BE
CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) GRANT AND THE PEOPLES TRANSPORTATION
PLAN ACCOUNT NUMBERS 106 - 1726- 536 -3452 AND 124 -1730-
541- 3100 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE.
(City Manager)
129 -09 -12938
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH FLORIDA
ENGINEERING AND DEVELOPMENT CORP. FOR CONSTRUCTION OF
CITYWIDE DRAINAGE IMPROVEMENTS PHASE V PROJECT IN AN
CITY COMMISSION MINUTES
August 4, 2009
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I I Ma-f
AMOUNT OF $155,703.20 TO BE CHARGED TO FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND
THE PEOPLE'S TRANSPORTATION PLAN ACCOUNT NUMBERS 106
1726 - 536 -6302 AND 124 - 1730 - 541 -3450 RESPECTIVELY;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
130 -09 -12939
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SARAH TOMPKINS TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO -YEAR TERM ENDING
AUGUST 3, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
131 -09 -12940
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING ANNA PRICE TO
SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF
ONE YEAR, ENDING AUGUST 3, 2010; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
132 -09 -12941
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING SUBRATA BASU TO
SERVE ON THE CHARTER REVIEW COMMITTEE FOR A PERIOD OF
ONE YEAR, ENDING AUGUST 3, 2010; AND PROVIDING 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 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
RESOLUTION (S)
133 -09 -12942
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
CITY COMMISSION MINUTES
August 4, 2009
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1 MANAGER TO SUBMIT A GRANT APPLICATION TO THE UNITED
2 STATES DEPARTMENT OF JUSTICE'S OFFICE OF JUSTICE
3 PROGRAMS THROUGH THE AMERICAN RECOVERY AND REINVESTMENT
4 ACT (ARRA) OF 2009 JUSTICE ASSISTANCE GRANT PROGRAM;
5 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
6 (City Manager)
7
8 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
9 approve this item.
10
11 Counselor Figueredo explained that due to conflict of
12 interest, Commissioner Sellars would be leaving the Chamber until
13 the conclusion of this item.
14
15 Mr. Balogun explained that the City is using this money for
16 one police vehicle and two computers for the Police Department.
17
18 With no further comments, the motion to approve this item
19 passed by a 4 -0 vote:
20
21 Commissioner Palmer: Yea
22 Vice Mayor Beasley: Yea
23 Commissioner Newman: Yea
24 Commissioner Sellars: Recused
25 Mayor Feliu: Yea
26
27
28 134 -09 -12943
29 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
31 SOUTH MIAMI CHARTER; AMENDING RESOLUTION NO. 36 -08-
32 12633 TO ALLOW CITY ATTORNEY TO SERVE AS EX- OFFICIO
33 MEMBER UNTIL SUCH TIME AN ATTORNEY IS APPOINTED TO THE
34 CHARTER REVIEW COMMITTEE; PROVIDING AN EFFECTIVE DATE.
35 (Mayor Feliu)
36
37 Moved by Mayor Feliu, seconded by Commissioner Palmer to
38 approve this item.
39
40 Commissioner Sellars asked the City Attorney whether this
41 service would-be covered by his retainer.
42
43 Counselor explained that boards are not covered by the
44 retainer but committees are. He then explained that the retainer
45 covers the day -to -day work, such as the review of the agenda and
46 also conversations with the Commission or staff; an example of
47 not being part of the retainer would be special projects such as
CITY COMMISSION MINUTES 1 1
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ethics investigation, litigation, complicated ordinances where
they have to review case law because they might be challenged.
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
16. 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 $14,042.25; CHARGING
$14,042.25 TO ACCOUNT NO. 001 - 1500 - 514 -3410; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
defer this item.
Counselor Figueredo asked for this item to be deferred to
allow him to revise the statement. He explained that his office
had a computer glitch and because of that his statement was not
accurate.
With no further comments, the motion to defer this item
passed by a 4 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Nay
Mayor Feliu: Yea
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PAYMENT
OF LEGAL FEES ASSOCIATED WITH THE DEFENSE OF A
COMPLAINT FILED AGAINST THE CITY OF SOUTH MIAMI AND
COMMISSIONER NEWMAN, PROVIDING AN EFFECTIVE DATE. 4/5
(City Attorney) (Deferred 7128109)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
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In
Counselor Figueredo explained that the Commission adopted an
ordinance to address scenarios such as this. He said that
Commissioner Newman has complied with the requirements of that
ordinance. He then recommended approval of this item.
Mayor Feliu said that he is familiar with this ordinance
which he sponsored some time ago for the purpose of protecting
elected officials from having to deal with continuous harassment
from certain individuals. He said that the spirit or the intent
of the ordinance was to reimburse the elected official at the
end; he said that based on this resolution what they would be
doing is giving a blank check to Commissioner Newman's attorney.
Commissioner Sellars said that the intent, as mentioned by
the Mayor, should have been incorporated into the ordinance. He
said that since the ordinance is not totally clear, they will
have to follow the City Attorney's recommendation and approve
this resolution in order to comply with the ordinance as written.
Counselor
Figueredo
said that the language of
the ordinance
is clear; there
is no
legal obligation to do
this —it is
discretionary.
Notwithstanding, the intent is to
protect a
Commissioner in
the event
that s /he is sued.
Vice Mayor Beasley
said that the intent is
what it was
written in the
ordinance,
we need to be consistent
because this
could happen to
anyone of
them, he added.
Commissioner Palmer said that the fees should be paid but
there also should be a cap on them and that she would like to
make an amendment to this resolution with regard to her own legal
fees.
Moved by Commissioner Palmer to amend this resolution to add
that: "...and to reimburse Commissioner Palmer for her past legal
fees." Seconded by Mayor Feliu.
Counselor Figueredo said that he has tried to get
Commissioner Palmer's fees, but unfortunately, he said that he
has not been able to persuade the attorney general that she
should be reimbursed. At the request of the Vice Mayor, he asked
the attorney general that based on the fact that the Commissioner
had won in her defense of the election challenge, if he would
reconsider the application of the opinion, and the new attorney
general wrote us an opinion, which was shared with the
Commission, stating that City funds could not be used to
reimburse a Commissioner for legal expenses incurred as the
CITY COMMISSION MINUTES 13
August 4, 2009
BTEV,v
1 result of an election challenge.. Counselor said that there is
2 nothing he can do other than ask for a third time.
3
4 Commissioner Palmer said that with everyone she consulted,
5 included Mr. Meyers, the opinion was that it would depend on the
6 City.
7
8 Counselor Figueredo said that when he spoke with Robert
9 Meyers after that on that "issue, Mr. Meyers was not aware. of the
10 attorney general's opinion, and he was referring to a case in
11 Homestead where an official was sued in an official capacity.
12
13 At this time Commissioner Palmer rescinded her motion above,
14 and was seconded by Mayor Feliu.
15
16 The Commission discussed about placing a cap. Commissioner
17 Sellars pointed to the ordinance saying that it is clear as to
18 how they are supposed to be paying, and that is on a monthly
19 basis. Commissioner Palmer again recommended capping it, and if
20 needed, then go back to the drawing board. Mayor Feliu then
21 offered a deferral so that they could come back with numbers.
22
23 At this time Vice Mayor Beasley called the question while
24 the discussion on the cap continued. Mr. Balogun asked for a
25 question of privilege, advising that there was a motion calling
26 the question and the vote had already started. Counselor
27 Figueredo said that the Vice Mayor was not the sponsor of the
28 resolution and that only the Chair could call the question.
29
30 Following clarification from the City Attorney, the Mayor
31 called the question.
32
33 With no further comments, the motion to approve this item
34 failed by a 3 -1 vote:
35
36 Commissioner Palmer: Yea
37 Vice Mayor Beasley: Yea
38 Commissioner Newman: Recused
39 Commissioner Sellars: Yea
40 Mayor Feliu: Nay
41
42
43 At this time Commissioner Newman returned to the Chamber,
44 and said for the records, that the City Manager was in this
45 hearing, and he spoke, and that he should have been recused as
46 well.
47
48
CITY COMMISSION MINUTES 14
August 4, 2009
P fd
TEV A
i ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3 15 -09 -2007
4 18. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
6 DEVELOPMENT CODE SECTION 20 -5.8 (C) ENTITLED "SPECIAL
7 USE APPROVAL: EXPIRATION OF SPECIAL USE APPROVALS" IN
8 ORDER TO MODIFY THE TIME PERIOD AND CONDITIONS UNDER
9 WHICH A SPECIAL USE APPROVAL WILL LAPSE; AND TO CREATE
10 A SUBSECTION (G) ENTITLED "ABANDONMENT OF SPECIAL USE"
11 PROVIDING A MAXIMUM TIME PERIOD AFTER WHICH A SPECIAL
12 USE WILL BE CONSIDERED ABANDONED; PROVIDING FOR
13 SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
14 EFFECTIVE DATE. 3/5
15 (City Manager)
16
17 Moved by Commissioner Palmer, seconded by Mayor Feliu to
18 approve this item.
19
20 Mr. Vageline presented this item, providing an overview of
21 the proposed amendments and recommending approval.
22
23 At this time the public hearing was opened and closed with
24 no speakers.
25
26 Vice Mayor Beasley raised some concern with regard to the
27 language under Section 1 (C) relating to expiration of special
28 use approvals, asking as to what is the timeframe of expiration
29 period after the master permit is issued.
30
31 Mr. Vageline explained that once the master building permit
32 is issued, it runs under the guidelines of the Florida Building
33 Code; it is given six months until it expires if no work is done;
34 if work is done, every time that an inspection is done it extends
35 for another six months. The Vice Mayor said that this is what he
36 is afraid of because there are a lot of projects throughout the
37 City that are not moving.
38
39 Mr. Vageline said that once it moves to the realm of the
40 Building code, it moves out of the jurisdiction of the City Code.
41 He said that they would have to look for an alternative way of
42 dealing with that.
43
44 Mayor Feliu said that one of the problems lies on the fact
45 that due to the economic situation we are experiencing, it has
46 become harder to obtain construction loans.
47
CITY COMMISSION MINUTES 15
August 4, 2009
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1 Commissioner Newman said that she concurs with the Vice
2 Mayor and that this ordinance will prolong those problems.
3
4 Vice Mayor Beasley requested that staff brings some
5 alternatives for their consideration.
6
7 Mr. Balogun said that the State has approved allowing
8 developers another year of extension. He said that he will look
9 into it further and. have the City Attorney review it and that he
10 will comeback with the findings.
11
12 Commissioner Sellars asked for further clarification from
13 the City Attorney. Counselor said that this is better than what
14 is in the books while other alternatives are found.
15
16 With some further comments, the motion to approve this item
17 passed by a 5 -0 vote:
18
19 Commissioner Palmer: Yea
20 Vice Mayor Beasley: Yea
21 Commissioner Newman: Yea
22 Commissioner Sellars: Yea
23 Mayor Feliu: Yea
24
25
26 At this time the Mayor announced a five - minute recess.
27
28
29 19. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
30 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
31 DEVELOPMENT CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE
32 ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS
33 RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION
34 ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND
35 USE AND DEVELOPMENT REGULATIONS WHICH WILL BE
36 CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER
37 4, 2008; PROVIDING FOR SEVERABILITY. 3/5
38 (City Manager)
39
40 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
41 approve this item.
42
43 The public hearing was opened and closed with no speakers.
44
45 Commissioner Newman asked for deferral of this item. She
46 said that at the last meeting she had requested to have an
47 opportunity to review the meeting of 7- 29 -08; however, she just
CITY COMMISSION MINUTES 16
August 4, 2009
PTEq
1 received the copy of the meeting and has had no time to review
2 it.
3
4 Moved by Commissioner Newman to defer this item. Seconded by
5 Mayor Feliu, the motion passed by a 5 -0 vote:
6
7 Commissioner Palmer: Yea
8 Vice Mayor Beasley: Yea
9 Commissioner Newman: Yea
10 Commissioner Sellars: Yea
11 Mayor Feliu: Yea
12
13
14
15 RESOLUTION (S) PUBLIC HEARING (S)
16 (NONE)
17
18
19 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
20 (NONE)
21
22
23 ORDINANCE (S) FIRST READING
24
25 20. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
26 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
27 DEVELOPMENT CODE SECTION 20- 5.7(F) ENTITLED "REZONING
28 AND TEXT AMENDMENTS: NEIGHBORHOOD CONCURRENCE" IN ORDER
29 TO MAKE A LEGAL CORRECTION BY SUBSTITUTING THE WORD
30 AWARENESS FOR CONCURRENCE; AND TO ADD AN ALTERNATIVE
31 REQUIREMENT FOR NOTIFYING PROPERTY OWNERS OF A FILED
32 REZONING AND TEXT AMENDMENT APPLICATION; PROVIDING FOR
33, SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
34 EFFECTIVE DATE. 3/5
35 (City Manager)
36
37 Moved by Mayor Feliu, seconded by Commissioner Palmer to
38 approve this item.
39
40 Mr. Vageline said that this and the next three proposed
41 ordinances address the same item. He then provided a summary of
42 this ordinance.
CITY COMMISSION MINUTES 17
August 4, 2009
llaTt!
Commissioner Sellars wanted to make sure that those
residents right outside the City limits would also get
notification. Mr. Vageline said that the intention is for
notification within the 500 foot radius, whether inside or
outside of the City.
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
21. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.9(E) ENTITLED "VARIANCE
APPROVALS: NEIGHBORHOOD AWARENESS" IN ORDER TO ADD AN
ALTERNATIVE REQUIREMENT FOR NOTIFYING PROPERTY OWNERS
OF A FILED VARIANCE APPLICATION; 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.
With no 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
22. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE SECTION 20- 5.5(B)(2) ENTITLED
"APPLICATIONS REQUIRING PUBLIC HEARINGS" IN ORDER TO
REVISE THE REQUIREMENTS FOR NOTIFYING PROPERTY OWNERS
OF THE FILING OF AN APPLICATION; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
CITY COMMISSION MINUTES 18
August 4, 2009
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PT2q"
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
With no 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
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 11:00 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
August 4, 2009
19
Approved
Horace G. Feliu
Mayor