01-18-05 -Missing AgendaDRAFT
I City of South Miami
2 Regular City Commission Minutes
3 December 21, 2004
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, December 21, 2004, beginning at
9 7:30 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 Mary Scott Russell, Vice Mayor Velma Palmer, and,
14 Commissioners Marie Birts- Cooper and Craig Z. Sherar.
15 Commissioner Randy G. Wiscombe was absent.
16
17 Also in attendance were: City Attorney Eve Boutsis, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
19
20 B. Invocation: The invocation was delivered in silence and Mayor
21 Russell took the opportunity to remind everyone to have
22 Commissioner Wiscombe's family in their thoughts because of the
23 loss of a family member.
24
25 C. Pledge of Allegiance:
26 The Pledge of Allegiance was recited in unison.
27
28 D. Presentation(s) 7:00 p.m.
29
30 Parks & Recreation Department to present awards to the
31 annual writing contest winners.
32
33 The Commission presented twenty bikes and helmets to the
34 contest winners. The bicycles were donated by Bill Ussery Motors
35 in Coral Gables and the helmets were donated by Mack Cycle in
36 South Miami.
37
38
39 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
M
41 Minutes of December 7, 2004
42
43 Commissioner Sherar moved an amendment make a correction for
44 the word cessation on page eight line 27.
45
REGULAR CITY COMMISSION 1
MINUTES - December 21, 2004
1 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
2 Cooper, the motion to approve the minutes as amended passed by a
3 4 -0 vote:
4
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
2. City Manager's Report:
Ms. Davis addressed some of the concerns brought up at the
last Commission meeting: the request for interpretation of the
Dade County Bill of Rights is being handled by the City
Attorney; the Sylva Martin tapestry was already installed at
the Sylva Martin Building; about the salary survey she said
that the consultant, after many months, finally gave us a draft
last month. The draft was in such a poor condition that she had
to send it back because it was totally unacceptable. This
consultant was terminated and she intends to go with the second
low bidder on the RFP. A resolution on this subject will be
brought up before the Commission in January 2005; about the
parking in front of the medical building on 67th and Sunset, she
said that it is taking a lot of research and will be completed
as soon as possible, and that it will then be presented to the
Commission; the parking garage is something that cannot be
discussed at all at the present time; she also said that she is
working with the Hospital on the impact fee (although it is not
called impact fee which is an improper term) adding that at
this time she did not feel properly prepared to discuss that
issue. She then announced to the community that beginning on
January 2nd we will start our "Sundays on Sunset " and the
trolley service will begin that day. It will be held on the
first Sunday of each month from noon to 5:00 p.m. There will be
trolley service every Friday and Saturday; and one Sunday a
month. She then wished everyone a very happy and safe holiday.
Vice Mayor Palmer asked Ms. Davis about the purpose of the
salary survey and what course of action will follow. Ms. Davis
said that this type of survey is very helpful in order to know
where we are versus other cities. The survey may show that some
positions are overpaid while others are underpaid, but no
salaries will be reduced, but that she would probably freeze
any salaries where the position is overpaid until it is in line
with the appropriate classification. Any adjustments will be
addressed at the next budget cycle.
Commissioner Sherar referred to the surveyor's marks left on
the sidewalks downtown which should have been cleaned. He said
REGULAR CITY COMMISSION 2
MINUTES - December 21, 2004
1 that the permits should have some type of language addressing
2 this issue and perhaps requiring a deposit to make sure that
3 the contractors do not leave the sidewalks full of marks. He
4 also referred to the Hammock House and the Manager informed
5 them that we had closed on that purchase today. About the
6 workshop on the Red Road Commons, he said that after all he
7 thought that it would be a good idea to move it to January
8 because of the holidays.
9
10 Mayor Russell said that it also would be a good idea to hold
11 a special meeting for the Red Road Commons on a different
12 night. The workshop was set for Monday, January 3rd at 7:00 p.m.
13 and a Special Meeting was set for Wednesday, January 12th at
14 7:00 p.m. for that purpose. Mr. Proctor, the attorney
15 representing the applicant, said to have no problems with the
16 above dates.
17
18 3. City Attorney's Report:
19
20 Attorney Boutsis reminded everyone about the attorney- client
21 session scheduled for Wednesday, December 22nd at 6:00 p.m.
22
23 Moved by Commissioner Birts- Cooper, seconded by Commissioner
24 Sherar, the motion to take item no. 14 out of order passed a 4 -0
25 vote.
26
27 Commissioner Wi.scombe: Absent
28 Commissioner Sherar: Yea
29 Vice Mayor Palmer: Yea
30 Commissioner Birts- Cooper: Yea
31 Mayor Russell: Yea
32
33 RESOLUTION (S) /PUBLIC HEARING (S)
34 7. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
36 APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN
37 ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 7OTH STREET
38 IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
39 USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM
40 SECTION 20- 4.4(B) (10) OF THE LAND DEVELOPMENT CODE TO
41 ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED
42 OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM
43 SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO
44 ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT
45 SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE
46 DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
47 (Deferred 12/07/04)
REGULAR CITY COMMISSION 3
MINUTES - December 21, 2004
(The request for these two parking variances was denied
9121104 on a 4 -1 vote)
(Commissioner Birts- Cooper)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper to approve this item.
Vice Mayor Palmer said that she wanted to amend the motion
to defer this item until they are ready to discuss it; instead
of deferring it every time that comes up, why not wait until
they are ready.
Attorney Boutsis explained that they could either defer or
table the item. Tabling means that the Commission needs to vote
to bring it back. Motion to defer means that it will
automatically come back at the next scheduled meeting.
Moved by Commissioner Birts- Cooper, seconded by
Commissioner Sherar to defer this item.
Commissioner Sherar also had a question as to why they keep
bringing and deferring the item. Commissioner Birts- Cooper
explained that Commissioner Wiscombe is absent and that she
would like to have the full support of the Commission.
Commissioner Sherar said that he would vote to defer this time
but that the next time he wants to do it.
With no further comments or discussion the motion to defer
passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
37
PUBLIC REMARKS
38
(5- minute limit)
39
40
David Tucker Sr. addressed the Commission
referring to
the
41
Christmas Holidays and the traditional values
that seem to
be
42
threatened.
43
44
David Landowne said that he was attending
the meeting
for
45
item no. 14, adding that he did not get a notice
this time.
He
46
expressed frustration for having to come to the
meeting for this
47
item and now is being deferred again.
48
REGULAR CITY COMMISSION 4
MINUTES - December 21, 2004
1 Cathy McCann thanked the Vice Mayor for having the questions
2 answered. She then referred to some illegal sign on 57th Avenue
3 and 84th Street. She said that the sign is 3 ft by 4 ft and that
4 it is on public property. She said that the sign ordinance is
5 very exact as to when you are allowed to put signs up. She also
6 referred to another very large sign from a mortgage company on
7 87th Street, the block between 59th and 60th Avenue. She said that
8 these signs have been reported to Code Enforcement by many
9 people. She also referred to a vacant lot without a building
10 permit on it and yet there is lumber and supplies on the lot. She
11 said that as long as these signs are on public property there
12 should not be a 10 -day notice requirement. She then urged staff
13 to enforce the sign ordinance.
14
15 Mark Richman said that he has been coming here for almost
16 five years now about the same issue and urged the Commission to
17 make a decision regarding the parking garage soon. He said that
18 he has spent a lot of money on this and also his tenants are
19 being hurt because of the uncertainty of the situation.
20
21 Dick Ward said that he was happy to see Mr. Richman at the
22 meeting to speak about his favorite subject. He also urged the
23 Commission to finalize the parking garage issue which is very
24 much ,overdue. He mentioned the coincidence of the parking garage
25 project for the First National Bank and the delay on the MRP
26 negotiation. He said to be concerned about the Bank's project and
27 the traffic study, urging the Commission and staff to hire
28 somebody to do that study and to have the Bank pay for it.
29
30 Jay Beckman spoke about the deferred item no. 14 regarding
31 Dr. Colsky's request for parking variances. He said that he could
32 not find anything in the LDC that would give the Commission the
33 power to bring this item back. He said that this is not a good
34 thing to do and that there may have been ex -parte communication
35 on the part of the Commission. Attorney Boutsis clarified that
36 whenever the Commission brings up this issue, by disclosing at
37 the Commission level any communications that they may have had,
38 there is no violation. Mr. Beckman insisted that the Commission
39 may have been influenced anyhow. He then said that in the event
40 that in the future these variances are approved, he wants to know
41 what recourses he has in order to appeal the decision. Attorney
42 Boutsis said that she would explain the appeal process later on.
43
44 Dean Whitman also referring to item no. 14 said that he has
45 come down five times to the City Commission meetings regarding
46 this item and finds it disrespectful. He also said that he
47 received no notice.
48
49 Former Commissioner Dan McCrea spoke in favor of item no. 12
50 regarding the Rotary Club. He said that they are part of Rotary
REGULAR CITY COMMISSION 5
MINUTES - December 21, 2004
1 International and that this is a very special year for them. This
2 is the Rotary's 100th birthday which was founded in Chicago;
3 therefore, the Rotary wishes to commemorate this event by
4 assisting the City in the funding of the repair of the athletic
5 field lighting at Murray Park. Mr. McCrea urged the Commission to
6 approve the item.
7
8 Beth Schwartz also spoke about item no. 14 saying that she
9 also has been here five times for this item and she finds it very
10 unfair. She also referred to a traffic problem on 69th Street.
11
12 Sharon McCain spoke in reference to the items on the Agenda
13 concerning board re- appointments. She also referred to the
14 Planning Board where all of the terms have expired. She then
15 mentioned a few members who have been appointed to a couple of
16 boards. She said that there are a lot of people who have applied.
17 She then referred to the Economic Review Committee appointed by
18 the Manager, saying that those meetings were noticed on the
19 City's schedule for October 28, November 4 and 8. She said that
20 she had sent an email inquiring as to why the neighbors were not
21 involved because she lives right outside the area and is
22 concerned that for Sundays on Sunset people are going to park
23 around the residential area. She said that she was able to attend
24 the November 8th meeting and there were a lot of people there
25 that should not be on that Committee; she said that after that,
26 those meetings have been moved on to the Bank.
27
28 Commissioner Sherar referred to item no. 14 saying that when
29 he voted the way he did he was very confused; he then contacted
30 Dr. Colsky and indicated to him that he felt very uncomfortable
31 with the way things had been done, and that if he wanted to
32 reconsider it that he would.
33
34 After there were no more speakers, the Public Remarks
35 section was closed.
36
37 At this point Commissioner Sherar pulled items no. 4, 5, 6,
38 7, 8, 10 and 12 from the Consent Agenda (now nos. 7, 8, 9, 10,
39 11, and 13); and Commissioner Birts- Cooper pulled item no. 10
40 (now no. 12).
41
42 CONSENT
43
44 Resolution No. 192 -04 -11971
45 4. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION THE
46 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
47 MANAGER TO ENTER INTO A CONTRACT WITH THE CORRADINO
48 GROUP FOR THE PURPOSE OF PROVIDING PROFESSIONAL
49 CONSULTANT SERVICES NEEDED TO PREPARE THE CITY'S
REGULAR CITY COMMISSION 6
MINUTES - December 21, 2004
1 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT;
2 APPROVING A CONSULTANT FEE IN THE AMOUNT OF $46,000;
3 CHARGING $17,200 TO ACCOUNT NO. 01- 1620 - 524 -3450,
4 PLANNING CONSULTANT SERVICES AND $28,800 TO THE GENERAL
5 CONTINGENCY ACCOUNT; PROVIDING AN EFFECTIVE DATE. 3/5
6 (City Manager)
7
8 Resolution No. 193 -04 -11972
9 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA RELATING TO ATTORNEYS'
11 FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $9,581.99;
12 CHARGING ACCOUNT NO. 2100 - 519 -3440, CONSULTANT LABOR
13 ATTORNEY; PROVIDING FOR EFFECTIVE DATE. 3/5
14 (City Attorney)
15
16 Moved by Vice Mayor Palmer, seconded by Commissioner
17 Sherar, the motion to approve the Consent Agenda passed by a 4-
18 0 vote:
19
20 Commissioner Wiscombe: Absent
21 Commissioner Sherar: Yea
22 Vice Mayor Palmer: Yea
23 Commissioner Birts- Cooper: Yea
24 Mayor Russell: Yea
25
26 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
27
28 Ordinance No. 15 -04 -1822
29 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE
31 SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY
32 ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 18 -99-
33 1692, 28 -00 -1730, 32 -01 -1763, 14 -02 -1782 AND 21 -03 -1805
34 IN ORDER TO ADJUST LAND USE APPLICATION FEES, PROVIDING
35 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
36 EFFECTIVE DATE. 3/5
37 (City Manager)
38
39 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
40 to approve this item.
41
42 Mr. O'Donniley explained that in examining our fees and
43 comparing them with those of surrounding jurisdictions, staff
44 found that they should be revised.
45
REGULAR CITY COMMISSION 7
MINUTES - December 21, 2004
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With no further comments or discussion, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S)
Resolution No. 194 -04 -11973
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING JENA STALY, JOYCE PRICE AND
DONNA MASON, TO SERVE ON THE COMMISSION FOR WOMEN FOR A
TWO YEAR TERM ENDING DECEMBER 6, 2006; AND PROVIDING AN
EFFECTIVE DATE. (Deferred 12/07/04) 3/5
(Mayor Russell)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper to approve this item.
Commissioner Sherar explained that his concern was about not
giving other people the opportunity to serve on the boards.
Mayor Russell explained the reasons for the re- appointments
on the different boards on the Agenda. For instance, on the
CRB, she said that this board had been neglected and that these
members are doing a good job and that these re- appointments
were actually the board's recommendation; they are a good group
and are working together very well.
About the CFW, Mayor Russell said that the board lost a
couple of members and without these re- appointments they would
not have a quorum for their meetings. Jena Staly has been
incredibly active and has been guiding the Jr. CFW as well.
Also, they are hosting the National Commission for Women in
Dade County and are very much involved on that.
About the ERPB, Mayor Russell explained that this member
started on an unexpired term and that she is allowing her to
finish a full term by her re- appointment and that she is also
doing a good job. About Lisa Simeon, she said that her daughter
is the chair of the Jr. CFW this year and they are having the
meetings together this year.
REGULAR CITY COMMISSION 8
MINUTES - December 21, 2004
Mayor Russell then explained that she is aware that the
Planning Board terms expired on November 21St; however, it does
not make sense that they all expire at the same time, and that
they should be staggered terms and that she will be asking the
Commission to help her in working this out; also, she is trying
to distribute them geographically so that all the neighborhoods
are represented. Mayor Russell said that she is not taking this
lightly, it takes a great deal of her time and that she is
trying to do her best so that the boards function the way they
should.
Commissioner Birts- Cooper asked the Mayor if they will be
looking for someone for the Planning Board; she emphasized that
we need someone on that board with planning expertise.
Mayor Russell said that we do have people with those
qualifications now, but that it is also as valuable to have the
input of people without planning experience.
Commissioner Sherar then said that the question could be
called on each one of these board items with no further
discussion.
With no further comments or discussion, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 195 -04 -11974
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING LILLIE HARRIS AND FRANK
CUZZOCREA TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR
A TWO YEAR TERM ENDING DECEMBER 6, 2006; AND PROVIDING
AN EFFECTIVE DATE. (Deferred 12/07/04) 3/5
(Mayor Russell)
Moved by Commissioner Sherar, seconded by Vice Mayor
Palmer, the motion to approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
REGULAR. CITY COMMISSION 9
MINUTES - December 21, 2004
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Resolution No. 196 -04 -11975
4
10.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
.6
COMMITTEES; RE- APPOINTING ALICIA MORALES -FERNANDEZ TO
7
SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION
8
BOARD FOR A TWO YEAR TERM ENDING DECEMBER 6, 2006; AND
9
PROVIDING AN EFFECTIVE DATE. (Deferred 12/07/04) 3/5
10
(Mayor Russell)
11
12
Moved by Commissioner Sherar, seconded by Vice Mayor
13
Palmer, the motion to approve this item passed by a 4 -0 vote:
14
15
Commissioner Wiscombe: Absent
16
Commissioner Sherar: Yea
17
Vice Mayor Palmer: Yea
18
Commissioner Birts- Cooper: Yea
19
Mayor Russell: Yea
20
21
Resolution No. 197 -04 -11976
22
11.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
24
COMMITTEES; RE- APPOINTING LISA M. SIMEON TO SERVE ON
25
THE COMMISSION FOR WOMEN, FOR A TWO YEAR TERM ENDING
26
DECEMBER 20, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
27
(Mayor Russell)
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Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
30
the
motion to approve this item passed by a 4 -0 vote:
31
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Commissioner Wiscombe: Absent
33
Commissioner Sherar: Yea
34
Vice Mayor Palmer: Yea
35
Commissioner Birts- Cooper: Yea
36
Mayor Russell: Yea
37
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39
Resolution No. 198 -04 -11977
40
12.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
42
MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH H & R
43
PAVING, INC. FOR ROADWAY RESURFACING SERVICES TO BE
44
FUNDED THROUGH THE PEOPLE'S TRANSPORTATION TAX FUND AND
45
THE LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBERS
46
124- 1730 - 541 -3450 AND 112 -1730- 541 -4640 IN AN AMOUNT OF
47
$62,500; PROVIDING AN EFFECTIVE DATE. 3/5
48
(City Manager)
REGULAR
CITY COMMISSION 1 0
MINUTES
- December 21, 2004
1
2 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
3 to approve this item.
4
5 Commissioner Sherar said that he had some questions
6 about this item and that he had not really have enough time to
7 review it. Ms. Davis then recommended voting for the amount and
8 then they could discuss the locations later so that they do not
9 have to hold up the contract.
10
11 Mr. Balogun clarified some of the concerns for Commissioner
12 Sherar, explaining that when there are undergoing developments
13 we require the contractors to resurface the entire right -of-
14 way. He then continued to explain the resurfacing process.
15
16 Commissioner Sherar then spoke of his concern about streets
17 such as his where repairs are scheduled to be done in six
18 months for a possible leak; therefore, it may not be practical
19 to resurface it in the interim and end up with a patch.
20
21 Attorney Boutsis recommended to Commissioner Sherar that if
22 that is his only concern, that he could do an amendment to the
23 resolution providing for a second verification pertaining to
24 WASA's Emergency Department for those streets of concern, so
25 that they can proceed with the contract.
26
27 About replacing the old lines, Ms. Davis said that WASA
28 would determine if it is more economical to fix them than it is
29 to replace them. There is not a lot of capital dollars out
30 there to replace lines, Ms. Davis continued, saying that she
31 spoke specifically about this with WASA during the GOB.
32
33 Commissioner Sherar then moved to defer this item until the
34 next meeting and put it on the Consent Agenda. The motion to
35 defer failed for lack of a second.
36
37 With no further comments or discussion, the motion to
38 approve this item passed by a 3 -1 vote:
39
40 Commissioner Wiscombe: Absent
41 Commissioner Sherar: Nay
42 Vice Mayor Palmer: Yea
43 Commissioner Birts- Cooper: Yea
44 Mayor Russell: Yea
45
46 Vice Mayor Palmer said that WASA seems to have a long
47 standing problem with incomplete work, referring to the work on
48 62nd Street which has taken over a year and where they have left
49 two big holes; we have called them on several occasions to no
REGULAR CITY COMMISSION 1 1
MINUTES - December 21, 2004
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avail, she added. She also referred to other places such as "59"
where the sidewalk is uneven with the potential for an accident.
Mr. Balogun said that they would check it out.
Mayor Russell said that we can start with the project and
move forward; however, if between now and the next meeting
Commissioner Sherar finds that there is a problem with some of
these addresses, we could amend the locations and move some place
else. She then referred to the property of one of her neighbors,
where WASA came to do some water pressure adjustment, placing the
heavy equipment on the driveway to get to the meter, causing a
rupture and leaving holes which WASA should repair.
Resolution No. 199 -04 -11978
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO HONOR HUMAN RIGHTS
ACTIVIST REV. MARTIN LUTHER KING, JR., BY RE- NAMING
CHURCH STREET (SW 5 9T PLACE) BETWEEN SUNSET DRIVE AND
SW 62nd TERRACE, MARTIN LUTHER KING, JR. BOULEVARD;
AUTHORIZING THE CITY MANAGER TO SUBMIT THIS RESOLUTION
TO MIAMI -DADE COUNTY AND TO TAKE ALL OTHER RELEVANT
ACTIONS NECESSARY; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
to approve this item.
Commissioner Birts- Cooper said that the reason for pulling
this item was to discuss the fact that the selected street is
too short to be called a boulevard, and perhaps some other such
as a "drive" would be more appropriate.
Mayor Russell proposed to co -name it as Martin Luther King
Place.
Ms. Davis said that we had the MLK Parade coordinators
present and asked if the Commission would like to hear from
them. One of the coordinators approached the podium and
addressed the Commission, saying that they had given it great
consideration as to what it should be called, and that at the
majority of the communities and states that she has visited,
she has found that they had chosen "boulevard" and not place or
anything else. She then urged the Commission to support their
recommendation.
Vice Mayor Palmer said that
many streets named after Martin
should choose another activist
Rights Movement such as Rosa Park
REGULAR CITY COMMISSION
MINUTES - December 21, 2004
12
she thought that there are so
Luther King that perhaps they
that was part of the Civil
for instance.
Commissioner Birts- Cooper said that it would not seem
appropriate to have a parade in Martin Luther King's honor and
have the street named after somebody else.
Mayor Russell said that maybe we could name other streets
after another important person; however, she said that they
wanted to do this in time for the actual parade.
The coordinator said that even though there is no doubt that
there were many other activists who contributed to this cause,
it was really the zest of Martin Luther King what brought this
dream alive and that he should be recognized for that.
Commissioner Sherar
streets after anybody.
saying that there are
Luther King. He added
policy, ordinance, or
naming things.
said that he does not believe in naming
He also concurred with the Vice Mayor
already many streets named after Martin
that the City should have some type of
resolution setting the criteria for
Commissioner Sherar then moved to amend the resolution on
line 28 under Section 2 to say "Rosa Park Place" instead of
"Martin Luther King Jr. Boulevard." The amendment failed for
lack of a second.
With no further comments or discussion, the motion to
approve this item passed by a 3 -1 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Ms. Davis clarified for the Vice Mayor that the next step
would be for Dade County to approve it and therefore the
request will have to go before the County Commission.
Mayor Russell said that they are going by the County's
criteria that is imposed on us and perhaps they should be
looking at some criteria for street naming.
Resolution No. 200 -04 -11979
14. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ACCEPT A MONETARY DONATION FROM THE SOUTH MIAMI ROTARY
CLUB FOR THE REPAIR OF THE FIELD LIGHTS AT MURRAY PARK
REGULAR CITY COMMISSION
MINUTES - December 21, 2004
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AND OFFICIALLY NAMING THE FIELD AS "ROTARY FIELD AT
MURRAY PARK "; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Commissioner Sherar pulled this item, and again referred to
the fact that we have no criteria for naming places. He said
that he has an issue on how they are donating the money.
Ms. Davis said that the Rotary offered to offset our
expenses to do the repair.
Commissioner Sherar said that Dan had mentioned that one of
the things that the Rotary does around the world is to donate
for potable water. He then said that in his opinion this money
would be better used to provide potable water for one or two
residents.
Mayor Russell said that the idea is to recognize Rotary
International's Centennial and at the same time help people
become familiar with the Rotary and with what they do.
Commissioner Birts- Cooper said that the Rotary can take care
of things such as helping with potable water later; however,
this is a special year for them and this particular thing is
something special; and this is not to say that drinking clean
water is not special.
Vice Mayor Palmer said that in her estimation this is a very
good idea, and that when doing something like this you want to
impact as many people as you can with a donation; and having
500 people using the Park, this could reach maybe 500 people as
they go through the Park; therefore, they are impacting a wider
community because more people are benefited by this donation.
With no further comments or discussion, the motion to
approve this item passed by a 3 -1 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
47 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
48 (None)
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5 COMMISSION REMARKS
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8 Commissioner Sherar spoke for all the people that were in
9 attendance for item no. 14, saying that if the situation were
10 reversed and the people that were complaining about all the times
11 that they have had to come here were the ones who had something
12 that they wanted to get done, there is no doubt that they would
13 not be complaining. About the parking garage he said that instead
14 of a parking garage problem, he has a $6 million problem,
15 however, these things take time. He also said that this delay has
16 nothing to do with the Bank. About the signs he said that he does
17 not see a problem with Code Enforcement giving people with a
18 violation a notice warning them. He also said to make sure to
19 notice the public hearings. He then spoke about the American
20 troops scattered all over the world who are in "harms way" and
21 doing a great sacrifice. He then encouraged everybody to go to
22 the South Miami Post Office where a calling card may be purchased
23 and be sent overseas to those soldiers who always need to call
24 home, not only during the holidays.
25
26 Vice Mayor Palmer thanked Mr. Ricke and Ms. Stout -Tate for
27 the good work with the awards. About item no. 14 she said that
28 everything is being discussed at the dais and that is where they
29 make a decision. She also said to be happy to see Dan here
30 tonight. She finally said that she always decides according to
31 her conscience and tries to do the right thing to the best of her
32 ability.
33
34 Commissioner Birts- Cooper wished everyone a very safe and
35 happy holiday.
36
37 Mayor Russell said about item no. 14 that there are
38 different opinions about interpretations and that they will work
39 at it further at the next meeting and will make a decision on it;
40 also indicated to make sure that everyone is properly noticed on
41 the meeting. She also congratulated the Parks and Recreation
42 Department for all the good work with the bicycle awards and for
43 the concert. She congratulated the Clerk for the successful
44 annual Food Drive. She then asked to remember Commissioner
45 Wiscombe who lost one member of his family, and to keep him in
46 everybody's thoughts.
47
48 There being no further business to come before this Body,
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the meeting adjourned at 10:11 p.m.
Attest
Maria M. Menendez
City Clerk
J: \My Documents \minutes \12.21.04 Minutes.doc
REGULAR CITY COMMISSION
MINUTES - December 21, 2004
�+�;
Approved
Mary Scott Russell
Mayor