05-15-07 - Minutes 05-01-071
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, May 1, 2007, beginning at 7:11
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 Randy G. Wiscombe, and,
Commissioners Velma Palmer, Marie Birts and Jay Beckman.
Also in attendance were: City Attorney Eve Boutsis, City
Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Commuter Challenge Proclamation
Nelly Rumayor, Miami -Dade Outreach Consultant with South
Florida Commuter Services, a program of the Florida Department of
Transportation, addressed the Commission about alternatives other
than driving alone to work. She then urged everyone to join them
in taking a pledge to "Take the Commuter Challenge" on Thursday,
May 17th by sharing the ride to work.
Parking Board
Parking Board member, Al Elias, addressed the Commission on
behalf of the board by presenting a Vehicular Traffic and
Parking Report. He spoke about: the problems that cities across
the country face about increasing vehicular traffic. Besides
speaking about traffic problems, he also spoke about possible
solutions, such as the synchronization of traffic lights,
especially on USl, and for this, the City will need to petition
the State and the County. In conclusion he said that they will
REGULAR CITY COMMISSION
MINUTES - May 1, 2007
1
1 continue to explore more of possible solutions, such as one -way
2 streets, a parking garage for the west side of US1, car sharing,
3 etc., and will keep the Commission updated on this project.
4
5
6 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
7
8
9 1. Approval of Minutes
10
11 (NONE)
12
13 2. City Manager's Report
14
15 Ms. McKinley informed the Commission about the items
16 included in the red packet:
17
18 • 10/06 - 02/07 Cash control;
19 • Valet Parking permit for Mr. Colsky;
20 • EAR process response to Commissioner Beckman's
21 questions;
22 • Certificates of Insurance for item no. 15 on the
23 agenda;
24 • Channel 77 Program Schedule —Ms. McKinley asked the
25 Commission to bring back to her any feedback they would
26 have regarding the schedule;
27 • 80th Anniversary Budget & Events Planning Update;
28 • Meeting with Miami -Dade Public Works has been scheduled
29 for Thursday, May 10 at 4:00 p.m. to discuss all the
30 traffic concerns throughout the City— Commissioner
31 Beckman indicated that he will be attending;
32 • Discussion about parking meters at Lee Park —Mr. Balogun
33 explained that the City placed "no parking" signs on
34 the north side of 69th Street because of visibility
35 coming out of the Park; this was actually requested by
36 Lee Park's manager; Commissioner Birts requested that
37 the issue be revisited about insufficient parking
38 spaces for resident; and the possibility of decal
39 parking;
40 • Commissioner Beckman, with the consensus of the
41 Commission requested the Finance Director to draw a
42 proposed procedure for handling cash carryover; Vice
43 Mayor Wiscombe recommended that a comparison be done to
44 see how it was done in the past;
45 • Concerning sidewalks project, Mr. Balogun indicated
46 that we have provided them with our list of priorities,
47 but that as far as he knows the County has no funding
48 for the next phase;
REGULAR CITY COMMISSION 2
MINUTES - May 1, 2007
1 • Concerning Channel 77 schedule Commissioner Beckman
2 suggested that the times should be rotated —Mr. Balogun
3 suggested that it is better not to rotate the schedule
4 because that way people know the routine, and that some
5 people choose to record the programs;
6 • The 80th Birthday Celebration of the City was briefly
7 discussed in terms of the finances —Ms. McKinley
8 explained that we need to purchase a lot of things
9 ahead of time and that the money will be reimbursed as
10 we get the donations;
11 • With regard to preparation for the next budget process,
12 Ms. McKinley indicated that we are at this time waiting
13 to see what transpires in Tallahassee and how tax cuts
14 will impact our City;
15
16 With no further comments the City Manager's Report
17 concluded.
18
19 3. City Attorney's Report
20
21 Mayor Feliu referred to the Dison property saying that we
22 need to formulate a written commitment so that Ms. Dison does not
23 sell the property to a developer; therefore, he said that he
24 would like to sponsor a resolution to have a formal contract and
25 a commitment to purchase the Dison property.
26
27 Mayor Feliu then urged. the Commission to make an effort to
28 be brief and to the point when discussing the items on the
29 agenda; he recommended meeting ahead of time with staff to have
30 any questions that they may have answered. This will save not
31 only time to the Commission, but most important, the people out
32 there that are waiting to hear an item. He asked everyone to keep
33 comments concise and to the point and to be sensitive to the
34 needs of the public.
35
36
37 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
39 10 -07 -1911
40 4. AN ORDINANCE OF THE MAYOR. AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3
42 SIGN REGULATIONS OF THE SOUTH MIAMI LAND DEVELOPMENT CODE
43 IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER
44 PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS,
45 DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL
46 PROCESS; PROVIDING FOR ;)EVERABILITY, ORDINANCES IN
47 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
48 (Mayor Feliu)
REGULAR CITY COMMISSION 3
MINUTES - May 1, 2007
1
2 Moved by Commissioner Palmer, seconded by Vice Mayor
3 Wiscombe to approve this item.
4
5 Mayor Feliu explained that this was basically a resolution
6 passed by the Commission a long time ago and that it needed to be
7 in the form of an ordinance so that it may serve as guidelines
8 for future Commissions.
9
10 The Commission discussed the possibility of allowing
11 businesses in general to advertise. However, it was suggested
12 that this could be problematic because there might be certain
13 type of businesses that may not be desirable but at the same time
14 we will not be able to turn. them away. Counsel Boutsis said that
15 this would be a First Amendment type issue and that the City
16 could not get into that.
17
18 At this time the public hearing was opened.
19
20 The following speakers urged the Commission not to consider
21 opening up our City streets for advertising: Shirley Huebner,
22 Dick Ward, John Edward Smith and Adrian Ellis. Mr. Ward also
23 recommended regulating political banners.
24
25 With no further speakers the public hearing was closed.
26
27 'At this time staff indicated that there were two amendments
28 from first reading of the ordinance.
29
30 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the
31 motion to amend the ordinance as recommended on the first reading
32 by the Commission, and to approve the ordinance as a whole and as
33 amended passed by a 5 -0 vote:
34
35 Commissioner Palmer: yea
36 Commissioner Birts: Yea
37 Commissioner Beckman: Yea
38 Vice Mayor Wiscombe: Yea
39 Mayor Feliu: Yea
40
41
42 11 -07 -1912
43 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -7.6
45 ENTITLED "PARKING" OF THE SOUTH MIAMI LAND DEVELOPMENT
46 CODE IN ORDER TO REPLACE PROVISIONS RELATING TO THE
47 HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING
48 REFERENCES TO THE NEWLY CREATED PARKING BOARD; PROVIDING
49 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
50 AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 4
MINUTES - May 1, 2007
l (City Manager)
2
3 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
4 Commissioner Birts to approve this item.
5
6 Mr. Perez presented this item.
7
8 At this time the public hearing was opened and closed with
9 no speakers.
10
11 With no comments or discussion, the motion to approve this
12 item passed by a 5 -0 vote:
13
14 Commissioner Palmer: yea
15 Yea Commissioner Birts: Yea
16 Commissioner Beckman: Yea
17 Vice Mayor Wiscombe: Yea
18 Mayor Feliu: Yea
19
20 ORDINANCE (S) FIRST READING
21
22 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-
24 4.4(A)(2) ENTITLED "OFF- STREET PARKING REQUIREMENTS" OF
25 THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
26 ELIMINATE THE PROVISIONS ALLOWING FOR THE ADMINISTRATIVE
27 CREDITING OF ON- STREET PARKING SPACES AS REQUIRED
28 PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVIDING FOR
29 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
30 EFFECTIVE DATE. 3/5
31 (Commissioner Beckman)
32
33 Moved by Mayor Feliu, seconded by Commissioner Birts to
34 approve this item.
35
36 Commissioner Beckman explained that the purpose of amending
37 this ordinance is to remove a conflict from the code.
38
39 Commissioner Palmer asked for clarification, if one gives up
40 his /her space, whether it would be considered a temporary or a
41 permanent decision. Counsel Boutsis indicated that this is public
42 property as part of the street. The question about getting back
43 the space will depend on the lease provided by the manager -
44 whether is a 10 -year assignment or if is in perpetuity.
45
46 Mayor Feliu clarified that the amendment is about
47 eliminating the administrative ability to credit.
48
REGULAR CITY COMMISSION 5
MINUTES - May 1, 2007
1 Vice Mayor Wiscombe said that this has been tailored around
2 one particular incident in the City and that he has a problem
3 with that. In addition, he said that when we get to businesses,
4 especially along the Bird Road area, it is going to limit the
5 City greatly because a lot of those businesses in that area
6 cannot meet the required parking.
7
8 With no further comments or discussion, the motion to
9 approve this item passed by a 4 -1 vote:
10
11 Commissioner Palmer: yea
12 Yea Commissioner Birts: Yea
13 Commissioner Beckman: Yea
14 Vice Mayor Wiscombe: Nay
15 Mayor Feliu: Yea
16
17
18 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20- 8.8(D)
20 ENTITLED "GARAGES IN MU -5 " OF THE SOUTH MIAMI LAND
21 DEVELOPMENT CODE IN ORDER 'TO CLARIFY PROVISIONS RELATED
22 TO THE LOCATION OF PARKING GARAGES IN DEVELOPMENT
23 PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
24 CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
25 (Commissioner Beckman)
26
27 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
28 approve this item.
29
30 Commissioner Beckman indicated that he sponsored this item
31 to eliminate a conflict between two sections in the code relating
32 to the location of the parking area of a building. He urged the
33 Commission to pass this on first reading, and on second reading
34 he would have a very detailed presentation including visual aids.
35
36 Mayor Feliu had a question regarding the 3 -3 failing vote of
37 the Planning Board. Mr. Youkilis explained that some Planning
38 Board members felt that architects needed to have freedom and
39 flexibility in designing a building, and that if they needed to
40 have parking underneath, that they could do it appropriately with
41 landscaping and blockings to make it aesthetically pleasing.
42
43 Commissioner Palmer said that even though she likes the
44 proposal, that she agrees that it should be left to the architect
45 because some of the lots are very difficult to work with and that
46 some flexibility is needed here.
47
48 Vice Mayor Wiscombe referred to a certain building in the
49 City that has the parking underneath and that it is not very
50 appealing, adding that this amendment is not a bad idea.
REGULAR CITY COMMISSION 6
MINUTES - May 1, 2007
1
2 With no further comments or discussion, the motion to
3 approve this item passed by a 5• -0 vote:
4
5 Commissioner Palmer: yea
6 Yea Commissioner Birts: Yea
7 Commissioner Beckman: Yea
8 Vice Mayor Wiscombe: Yea
9 Mayor Feliu: Yea
10
11
12 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
14 DEVELOPMENT CODE; AMENDING REGULATIONS PERTAINING TO
15 BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED
16 DEVELOPMENT DISTRICT AND IN THE HOMETOWN OVERLAY ZONE IN
17 ORDER TO REQUIRE APPROVAL BY A FOUR /FIFTHS VOTE OF THE
18 CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT
19 ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR
20 A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO
21 EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE,
22 PARKING BOARD, AND THE PLANNING BOARD PERTAINING TO THE
23 REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE
24 NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES OR
25 SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND
26 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
27 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
28 EFFECTIVE DATE. 3/5
29 (Commissioner Beckman)
30
31 Moved by Commissioner Palmer, seconded by Vice Mayor
32 Wiscombe to approve this item.
33
34 Commissioner Beckman explained that this is a continuation
35 of the previous moratorium which is coming to an end. He said
36 that this should be the last moratorium for this and that there
37 is need for permanent legislation concerning these items.
38
39 Vice Mayor Wiscombe questioned whether the nine months are
40 really needed; he also asked Commissioner Beckman in order to
41 save time if he would sit down with staff and the Parking Board
42 to discuss the issues before it comes back to the Commission.
43
44 With some further comments, the motion to approve this item
45 passed by a 5 -0 vote:
46
47 Commissioner Palmer: yea
48 Yea Commissioner Birts: Yea
49 Commissioner Beckman: Yea
REGULAR CITY COMMISSION 7
MINUTES - May 1, 2007
1 Vice Mayor Wiscombe: Yea
2 Mayor Feliu: Yea
3
4
5 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
7 CHAPTER 14 ENTITLED "EMERGENCY MANAGEMENT;" CREATING
8 SECTION 14 -5.1 ENTITLED WATER CONSERVATION AND EMERGENCY
9 WATER RESTRICTION ENFORCEMENT; PROVIDING FOR CODE
10 ENFORCEMENT AND POLICE ENFORCEMENT OF EMERGENCY WATER
11 RESTRICTION DECLARATIONS ISSUED BY THE SOUTH FLORIDA
12 WATER MANAGEMENT DISTRICT; PROVIDING FOR POLICE
13 ENFORCEMENT VIA CRIMINAL PROCESS OF STATE LAW; AND
14 DIVISION OF CODE COMPLIANCE ENFORCEMENT THROUGH THE
15 CITY'S CIVIL CITATION SYSTEM UNDER SECTION 2 -21, OF THE
16 CITY'S CODE OF ORDINANCES; PROVIDING FOR FINES AND
17 APPEAL PROCESS; PROVIDING FOR ORDINANCES IN CONFLICT,
18 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3/5
19 (City Manager)
20
21 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
22 approve this item.
23
24 Counsel Boutsis explained that considering the complexity of
25 the law, she thought it would be prudent to provide a civil
26 citation system so that people do not have to deal with the
27 criminal process, and that Code Enforcement can go out and do the
28 enforcement instead of the police officers. She clarified that
29 the regulations apply to well water too.
30
31 With some further comments, the motion to approve this item
32 passed by a 5 -0 vote:
33
34 Commissioner Palmer: yea
35 Yea Commissioner Birts: Yea
36 Commissioner Beckman: Yea
37 Vice Mayor Wiscombe: Yea
38 Mayor Feliu: Yea
39
40
41 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
43 COMMITTEES; AMENDING SEC.2 -26.5 OF THE CODE OF
44 ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;
45 AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
46 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
47 EFFECTIVE DATE. 3/5
48 (Mayor Feliu)
49
REGULAR CITY COMMISSION 8
MINUTES - May 1, 2007
1
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to
2
approve this item.
3
4
Mayor Feliu indicated that this is
just a "housekeeping"
5
item to amend the dates as the next
year's budget cycle
6
approaches. He then urged the Commission
to submit names for
7
board appointments to help with the budget
process.
8
9
With no further comments or discussion, the motion to
10
approve this item passed by a 5-0 vote:
11
12
Commissioner Palmer:
yea
13
Yea Commissioner Birts:
Yea
14
Commissioner Beckman:
Yea
15
Vice Mayor Wiscombe:
Yea
16
Mayor Feliu:
Yea
17
18
19 (END OF UNFINISHED BUSINESS)
KKI
21 At this time the Mayor announced a 5- minute break.
22
23
24 PUBLIC REMARKS
25
26 David Tucker spoke about :immigration issues with regard to
27 item no. 20 on the agenda relating to US immigration policies.
28
29 Shirley Huebner urged the Commission to work together and
30 try to find solutions.
31
32 Sharon McCain referred to sidewalks. Staff informed that the
33 County has a master plan and that they know what our priorities
34 are.
35
36 Simon Codrington Jr. addressed the Commission as the second
37 Vice Chair for the Concerned Clergy and Citizens Coalition. He
38 also said that he has been appointed as Chairman of the committee
39 for the recall of Commissioner Beckman; he then spoke about
40 concerns of the community. He said that a huge segment of the
41 community was not represent=ed during the EAR process. He urged
42 the Commission to make sure that everybody is well informed ahead
43 of time about proposed legislation that will impact the
44 community, so that they could have an educated opinion about
45 future plans for the City before matters come before the
46 Commission for approval.
47
48 Mr. Perez indicated that he will continue to engage the
49 community regarding the EAR process as they develop the
REGULAR CITY COMMISSION 9
MINUTES - May 1, 2007
1 objectives and policies, and later as they go through the process
2 of implementing the recommended amendments.
3
4 Adrian Ellis requested the opportunity to allow people to
5 sign up to speak either at the beginning or at the end of the
6 meeting.
7
8 With no further speakers the Public Remarks session
9 concluded and the Mayor announced a 5- minute break.
10
11 CONSENT
12
13
14 71 -07 -12456
15 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
17 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
18 FIGUEREDO, P.A. IN THE AMOUNT OF $5,435.25; CHARGING
19 $5,435.25 TO ACCOUNT NO. 001 - 1500 -514 -3410, LEGAL
20 SERVICES, NON - RETAINER; AND FOR $11,013.23 TO ACCOUNT
21 NO.: 001 - 1500 -514 -3454 LITIGATION RESERVE, PROVIDING AN
22 EFFECTIVE DATE. 3/5
23 (City Attorney)
24
25 72 -07 -12457
26 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO ISSUE AN OPEN P.O. FOR $60,000 TO J.E.M.
29 INSPECTION & ENGINEERING SERVICES, INC. FROM ACCOUNT
30 NO.1610- 524 -3450 FOR BUILDING AND ROOFING INSPECTIONS,
31 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
32 (City Manager)
33
34 73 -07 -12458
35 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
37 MANAGER TO ISSUE A WORK ORDER TO AA ENGINEERING
38 SERVICES, INC. FOR BROAD CANAL DEBRIS REMOVAL AND
39 SHORELINE STABILIZATION IN AN AMOUNT OF $30,000.00 TO BE
40 CHARGED TO GRANT ACCOUNT NUMBERS 106 -1713- 536 -3450 AND
41 106- 1727 - 536 -6550; PROVIDING FOR AN EFFECTIVE DATE. 3/5
42 (City Manager)
43
44 74 -07 -12459
45 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
47 COMMITTEES; APPOINTING CAROL SEGAL TO SERVE ON THE
REGULAR CITY COMMISSION 10
MINUTES - May 1, 2007
1
COMMISSION FOR SENIOR CITIZENS FOR A TWO -YEAR
TERM
2
ENDING APRIL 30, 2009; AND PROVIDING AN EFFECTIVE DATE.
3
(Mayor Feliu)
3/5
4
5
75 -07 -12460
6
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
7
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
8
COMMITTEES; APPOINTING LEANN PERKINS TO SERVE ON
THE
9
COMMISSION FOR SENIOR CITIZENS FOR A TWO -YEAR
TERM
10
ENDING APRIL 30, 2009; AND PROVIDING AN EFFECTIVE DATE.
11
(Mayor Feliu)
3/5
12
13
76 -07 -12461
14
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
15
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
16
COMMITTEES; APPOINTING PATRICIA BERMAN TO SERVE ON
THE
17
COMMISSION FOR SENIOR CITIZENS FOR A TWO -YEAR
TERM
18
ENDING APRIL 30, 2009; AND PROVIDING AN EFFECTIVE DATE.
19
(Mayor Feliu)
3/5
20
21
77 -07 -12462
22
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
23
CITY OF SOUTH MIAMI, FLORIDA, REQUESTING EXEMPTION
FROM
24
THE MIAMI -DADE COUNTY PROPOSED ORDINANCE RELATING TO
THE
25
SAFETY OF CRANES AND HEAVY CONSTRUCTION EQUIPMENT;
AND
26
PROVIDING AN EFFECTIVE DATE.
3/5
27
(Mayor Feliu)
28
29
Moved by Vice Mayor Wiscombe, seconded by Commissioner
30
Palmer, the motion to approve the Consent Agenda passed
by a 5 -0
31
vote:
32
33
Commissioner Palmer: yea
34
Yea Commissioner Birts: Yea
35
Commissioner Beckman: Yea
36
Vice Mayor Wiscombe: Yea
37
Mayor Feliu: Yea
W
39 RESOLUTION (S)
►1111
41 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
43 CONSULTING FEES; APPROVING ATTORNEYS' FEES FOR SUGARMAN
44 AND SUSSKIND, P.A. IN THE AMOUNT OF $5400 TO BE CHARGED
45 TO ACCOUNT NUMBER 01- 1500 - 514 -3440 (LABOR); PROVIDING
46 FOR AN EFFECTIVE DATE. 3/5
47 (City Manager)
48
REGULAR CITY COMMISSION 1 1
MINUTES - May 1, 2007
1 Moved by Commissioner Palmer, seconded by Vice Mayor
2 Wiscombe to approve this item.
3
4 Counsel Boutsis requested that this item be deferred to
5 allow bringing it back with appropriate back up.
6
7 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the
8 motion to defer this item passed by a 5 -0 vote:
9
10 Commissioner Palmer: yea
11 Yea Commissioner Birts: Yea
12 Commissione=r Beckman: Yea
13 Vice Mayor Wiscombe: Yea
14 Mayor Feliu: Yea
15
16
17 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LABOR
19 CONSULTING FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN
20 AND SENTERFITT, P.A. IN THE AMOUNT OF $5262.14 TO BE
21 CHARGED TO ACCOUNT NUMBER 01 -1500- 514 -3440; PROVIDING
22 FOR AN EFFECTIVE DATE. 3/5
23 (City Manager)
24
25 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to
26 approve this item.
27
28 Counsel Boutsis request that this item be deferred to allow
29 bringing it back with appropriate back up.
30
31 Vice Mayor Wiscombe, seconded by Commissioner Birts, the
32 motion to defer this item passed by a 5 -0 vote:
33
34 Commissioner Palmer: yea
35 Yea Commissioner Birts: Yea
36 Commissioner Beckman: Yea
37 Vice Mayor Wiscombe: Yea
38 Mayor Feliu: Yea
39
40 78 -07 -12463
41 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, FLORIDA, EXPRESSING SUPPORT OF THE
43 HAITIAN IMMIGRANTS BASED ON THE "WET- FOOT /DRY- FOOT"
44 POLICY AND URGING PRESIDENT GEORGE W. BUSH AND THE
45 UNITED STATES CONGRESS TO RESCIND THE DISCRIMINATORY
46 IMMIGRATION POLICIES AGAINST HAITIAN IMMIGRANTS AND
47 CALLING FOR THE EQUAL TREATMENT OF ALL IMMIGRANTS; AND
48 PROVIDING FOR AN'EFFECTIVE DATE. 3/5
49 (Mayor Feliu)
REGULAR CITY COMMISSION 12
MINUTES - May 1, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
M
41
42
43
44
45
46
47
48
Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
Commissioner Birts to approve this item
Mayor Feliu explained that it has been brought to his
attention that not all people that escape their countries due to
political or economical stability are treated equally here.
Commissioner Beckman said that he concurs with the Mayor and
that the United States should have a policy that is consistent
and fair for all. However, he said that the problem that he has
with this is that he knows absolutely nothing about this
particular case. He then proposed to amend the resolution.
Moved by Commissioner Beckman, seconded by Vice Mayor
Wiscombe to amend the resolution by striking lines 34 -36 and
lines 44 -49 on page one; and on page 2, Section 2, to strike the
words "immediate release ".
After some discussion, the motion to approve the proposed
amendment failed by a 1 -4 vote:
Commissioner Palmer: Nay
Yea Commissioner Birts: Nay
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Nay
Mayor Feliu: Nay
With no further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Nay
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONT'D)
12 -07 -1913
21. AN ORDINANCE OF THE MAYOR, AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES;
AUTHORIZING THE EXECUTION OF A NONEXCLUSIVE FRANCHISE
AGREEMENT WITH WASTE SERVICES OF FLORIDA, INC. (WSI ) FOR
AN INITIAL ONE YEAR PERIOD, RENEWABLE FOR SUCCESSIVE ONE
REGULAR CITY COMMISSION
MINUTES - May 1, 2007
13
1 YEAR PERIODS, UPON APPLICATION OF THE FRANCHISEE, AND
2 APPROVAL OF THE APPLICATION BY THE CITY COMMISSION.
3 PUBLIC HEARING; PROVIDING FOR A $5,000 ANNUAL FEE TO THE
4 CITY; AND A 20% PAYMENT OF THE FRANCHISEES' GROSS
5 RECEIPTS TO THE CITY; PROVIDING FOR STANDARDS OF
6 INSURANCE; PROTOCOL FOR PROVIDING SERVICES; PROVIDING FOR
7 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
8 DATE. (Approved on first reading 4103107) 4/5
9 (City Manager)
10
11 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and
12 Commissioner Birts to approve this item
13
14 Counsel Boutsis presented this item.
15
16 The public hearing was opened and closed with no speakers.
17 There were no questions either for the applicant who was present.
18
19 With no further comments, the motion to approve this item
20 passed by a 5 -0 vote:
21
22 Commissioner Palmer: yea
23 Yea Commissioner Birts: Yea
24 Commissioner Beckman: Yea
25 Vice Mayor Wiscombe: Yea
26 Mayor Feliu: Yea
27
28 RESOLUTION (S) /PUBLIC HEARING (S)
29 (NONE)
30
31
32 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
33 (NONE)
34
35 ORDINANCE (S) FIRST READING
36
37 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AD VALOREM
39 TAXATION; AMENDING CHAPTER 18 RELATING TO TAXATION TO
40 AMEND THE SENIOR CITIZEN EXEMPTION, AD VALOREM TAX BREAK
41 TO PROVIDE QUALIFIED INDIVIDUALS OVER THE AGE OF 65,
42 WITH AN ANNUAL INCOME UNDER $20,000 AND HOMESTEAD
43 RESIDENCE WITHIN THE CITY LIMITS WITH A $50,000. AD
44 VALOREM TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000) ;
:REGULAR CITY COMMISSION 14
MINUTES - May 1, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
PROVIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Vice Mayor Wiscombe, seconded by Commissioner
Palmer to approve this item.
Mayor Feliu spoke about the need for this ordinance because
of the hardship on the seniors due to situations with their fixed
income. He said that they have an obligation towards our seniors
to help them as much as they can.
Counsel Boutsis indicated that if possible we need to have
the second reading before June lst because that is when this has
to be filed with the Tax Appraiser's office so that this can kick
in for this fiscal year.
Commissioner Palmer said to concur with the Mayor as to the
need to help our seniors; however, she cautioned regarding the
proposed tax reform that is currently being discussed in
Tallahassee by state legislators.
With some further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: yea
Yea Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
The Commission was afforded to make comments.
There being no further business to come before this Body,
the meeting adjourned at 11 :44 p.m.
Attest Approved
:Maria M. Menendez Horace G. Feliu
City Clerk Mayor
REGULAR CITY COMMISSION 15
MINUTES - May 1, 2007