02-15-05 Item 11 City of South Miami
2 Regular City Commission Minutes
3 February 1, 2005
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, February 1, 2005, 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, Randy G. Wiscombe and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Attorneys Luis Figueredo and
18 Eve Boutsis, City Manager Maria V. Davis and City Clerk Maria M.
19 Menendez.
20
21 B. Invocation: The invocation was delivered in silence.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentation(s) 7:00 p.m.
27
28 1. Police Officers of the Year 2004:
29
30 Detective Richard Mun6z
31 Detective Michael Stroface
32
33 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
34
35 1. Minutes of January 18, 2005
36
37
38 Moved by Commissioner Wiscombe, seconded by Commissioner
39 Birts- Cooper, the motion to approve the Minutes of December 211
40 2004 passed by a 5 -0 vote:
41
42 Commissioner Wiscombe: Yea
43 Commissioner Sherar: Yea
44 Vice Mayor Palmer: Yea
45 Commissioner Birts- Cooper: Yea
46 Mayor Russell: Yea
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2. City Manager's Report:
a) Scheduling the Special City Commission Meeting on the
Red Road Commons Project for Wednesday, February 23,
2005.
The Special City Commission Meeting was confirmed for
Wednesday, February 23rd at 7:00 p.m.
b) Consideration of Bank Project Workshop on February 16,
2005.
The Workshop could not be scheduled. Commission Sherar said
that he has a problem with every third Wednesday. Ms. Davis said
that she needs to meet with the architect and will get back to
the Commission about scheduling a date.
At this point Ms. Davis invited everyone to attend the
upcoming "Sundays on Sunset" this coming Sunday the 6th. She
recommended everyone to park at the Metrorail Station where the
trolley will be running and transporting people to the downtown
area.
With no further comments or discussion, the City Manager's
Report concluded.
Vice Mayor Palmer brought up a discussion regarding the
appointment of Nkenga Payne as Deputy Clerk and proceeded to make
a motion.
Commissioner Wiscombe said that he had already instructed
the City Attorney to draft a resolution for the next meeting.
Mayor Russell asked whether anyone had asked Ms. Payne as to
how she feels about this.
Commissioner Wiscombe said that he had spoken with Ms. Payne
this evening. He then said that we have had packed agendas for
quite a while and the work load is going to be a terrible burden
on Maria Menendez. He said that he does not think that a
temporary is the way to go with regard to the City Clerk's
office. We now have someone with experience and who is
knowledgeable and who can step in.
Vice Mayor Palmer said that she would like to move forward
with the issue tonight.
Mayor Russell said that she would like to see it on the next
agenda to have time to review the Charter.
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1 Ms. Davis said that she did not think that the item could
2 come before them tonight without advertising it.
3
4 Attorney Figueredo explained that it could come up this
5 evening, however, under the City's Code of Ordinances they would
6 need to have a majority vote to even consider the item. The item
7 could not be discussed or considered without a three -fifth vote.
8 He then explained that first they would need a motion to consider
9 whether or not to bring the matter up this evening. If the
10 Commission votes by a majority vote to bring the matter up this
11 evening, then at that junction they may entertain a resolution.
12
13 Moved by Commissioner Wiscombe, seconded by Commissioner
14 Birts - Cooper to bring the matter up this evening.
15
16 Commissioner Sherar said that he thinks that they need to
17 look at the Charter as a whole because he thinks that the Charter
18 was originally done when the City Clerk's office could be handled
19 by one person and it does not really contemplate a deputy.
20
21 Commissioner Wiscombe said that it just calls for them to
22 create the position of a deputy clerk and move forward with it
23 and then fill that position. He said that Ms. Payne was hired by
24 former City Manager Bill Hampton and was moved laterally to the
25 City Clerk's office. He said that if Maria is out of the office
26 he has the utmost confidence in Nikki to fulfill the duties and
27 know what she is doing. There is an election coming up which is a
28 very difficult process and having somebody new in that office
29 that is not familiar with the process is not a good idea.
30
31 Commissioner Sherar said that it is not clear in the Charter
32 as to who is supposed to hire and fire a deputy.
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34 Attorney Figueredo said that his interpretation is that the
35 deputy clerk, like the city clerk and the city attorney would
36 serve at the pleasure of the Commission.
37
38 Commissioner Sherar said that he thinks that the city clerk
39 should be hiring and firing the deputies since she is the one who
40 is responsible for them and she is appointed by the City
41 Commission. He said that this is why he thinks that they should
42 look at the Charter and clarify all of these points which
43 otherwise may come up at a later date. Mayor Russell said to
44 concur with Commissioner Sherar.
45
46 Ms. Davis said that we do not have a classification or pay
47 plan for a deputy clerk; she will be providing a job description.
48 She said that the Charter is clear on the job description, that
49 the deputy attends all meetings as a deputy, and not as an
50 administrative secretary. She will also be conducting a survey
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1 about what the classification pays and the Commission then can
2 determine at what level they wish to pay her. This will also
3 require a budget amendment, but that she will be happy to bring
4 all the information back at the next meeting.
5
6 Vice Mayor Palmer pointed out that Nikki attends the CPA
7 meetings and the City Clerk attends the Commission meetings. She
8 said that Ms. Payne has demonstrated that she is completely
9 capable to assume the position of deputy clerk.
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11 Ms. Davis said that the Charter does not address the CPA at
12 all. Also, she said that the Commission needs to be very cautious
13 in discussing people .instead of positions because it is a bad
14 precedence and it can get them in trouble in the future. She said
15 that she thinks that Nikki is excellent and that she has no issue
16 with Nikki; however, she said she needed to cautious the
17 Commission about creating positions for people instead of for the
18 need of the City. She said that the position of deputy clerk
19 requires training and also requires additional money, much more
20 than what Nikki is making. This needs to be considered and I will
21 be glad to bring it back, she said.
22
23 Commissioner Wiscombe asked Ms. Davis to work with Maria
24 Menendez in crafting that. Ms. Davis said that she will be
25 obtaining job descriptions from other cities that have deputy
26 clerks; there are very few of them, only large cities have them.
27 The smaller cities generally have an assistant to the city clerk.
28
29 Mayor Russell said that in her opinion it will be better to
30 have all that information in front of them before making a
31 decision. She said that she is all for voting together to put it
32 on the agenda for the next meeting and have all that information
33 at that time. She then asked for clarification as to whether the
34 motion on the floor was for bringing the item at the next meeting
35 or for making it happen tonight.
36
37 Commissioner Wiscombe said that the motion is to make it
38 happen tonight. He said that they do need to have all that
39 information and to know if the position requires more money, but
40 that he wants to make it very clear that he wants to see this
41 happen because he believes that they need to protect the
42 integrity of the office.
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44 Commissioner Wiscombe then moved an amendment to the motion
45 on the floor: "with the condition that the things that we just
46 discussed be clarified and done." The amendment died for lack of
47 a second.
48
49 With no further comments or discussion, the original motion
50 passed by a 3 -2 vote:
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1 Commissioner Wiscombe: Yea
2 Commissioner Sherar: Nay
3 Vice Mayor Palmer: Yea
4 Commissioner Birts- Cooper: Yea
5 Mayor Russell: Nay
6
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8 3. City Attorney's Report:
9 (None)
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11 At this point Mayor Russell announced a five - minute recess.
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13 PUBLIC REMARKS
14 (5- minute limit)
15
16 David Tucker Sr. addressed the Commission referring to the
17 recent elections in Iraq.
18
19 Josephine Anderson requested information on the public
20 hearings on the agenda.
21
22 Janelle Espinosa, a downtown district business owner, spoke
23 about the streets under construction and the negative impact they
24 are having on her business.
25
26 Craig Adler also referred to the above subject on the
27 streets and the negative impact on his business because people
28 are turning away because they do not find parking spaces. He then
29 suggested that people are allowed to park for free until the
30 streets are open.
31
32 Commissioner Wiscombe said that he would take the blame for
33 this particular job being done on that intersection. He said that
34 the reason for him to ask to be redone is because the contractor
35 who did the job did not put the right tiles and they were
36 cracking everywhere.
37
38 Yvonne Beckman referred to the tree ordinance saying that
39 people are cutting trees everywhere and asked what is our
40 arborist doing. She specifically referred to SW 58 Avenue and SW
41 83 Street.
42
43 Mayor Russell directed Ms. Davis, for the next meeting, to
44 look into the concern about the arborist and the number of trees
45 that are being cut.
46
47 Walter Harris referred to the CRA Plan on the agenda and
48 recommended that some safeguards be placed into it.
49
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1 Cal Rosenbaum urged the Commission to go forward with the
2 CRA. He said that most of his property is in the CRA. He said he
3 has seen all that has been done in the Hometown District and that
4 he questions a lot of what has been done there, including taking
5 away parking and making it the City of "unfriendly living" in the
6 downtown area. However, he wants to see the CRA going forward
7 with the necessary controls that are needed. He then said that it
8 has come to his attention that a developer has paid $15,000 to
9 the City for tree removal of $100,000 worth of priced trees that
10 were primarily in someone's adjacent property. He then applauded
11 Commission Wiscombe for taking the responsibility of the work
12 being redone on the street.
13
14 Sharon McCain requested information regarding the acceptance
15 of $8,000 from the Rotary Club, by the Commission through a
16 resolution approved at a recent meeting, towards the lighting of
17 the Community Center; she said that this money was already
18 budgeted for that purpose and wanted to know how it will be
19 appropriated now; she then referred to the item on the Agenda
20 relating to the Hammock House loan. She said that at the December
21 7th meeting there was a resolution on the Agenda to purchase that
22 property; however, this evening there is another resolution for a
23 loan to pay for the Hammock House. She questioned why that is on
24 the Agenda tonight. She then played a tape with the recording
25 where the City Manager had said during the budget process that
26 the money for that acquisition had been fully budgeted; she then
27 urged the Commission to ask where the money is. She said that she
28 had pulled the financial documents from the City's website and
29 the financial statements have not been updated in the last five
30 months. She then referred to the Feldman settlement on the
31 Agenda, asking the Commission whether they had met with the
32 actuary as per the December 7th meeting in order to have the
33 actuary explain to them the issues relating to the police
34 pension; she said that she is concerned that we are going to take
35 a hit down the road, and whatever they vote for Mr. Feldman will
36 impact the retirement of any other officer. Mayor Russell
37 explained that the pension does not apply as part of the
38 settlement in the Feldman case. Ms. McCain asked the Commission
39 whether the settlement agreement was attached to their handout.
40
41 Dick Ward commended the Commission for going forward with
42 both the CRA and with the parking garage, and for finally putting
43 both matters to rest. He commended them for extending the CRA.
44
45 Shaunte Wells again spoke about her concerns regarding the
46 After - School Program. She said that she still sees no
47 accountability concerning this program; neither Mr. Ricke nor the
48 City Manager has been held accountable for the money that is
49 being spent versus the quality of the program. She also said that
50 the program used to be free and that it should be returned to
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that status. She said that she wants the program to be removed
from the After -Care Program. She again asked the Commission to
hold a workshop on the subject.
Commissioner Sherar requested that a workshop be held on the
After- School Program in order to have some discussion on the
issue. Mayor Russell said-that they can talk about scheduling a
workshop; however, she said that she has met with Alan and the
Manager and Ms. Wells and that they have addressed each one of
the concerns that Ms. Wells has listed. She said that the
workshop would have to be held after February because this month
is back -to -back with meetings. Commissioner Sherar asked if the
workshop would include the feedback of the community; Mayor
Russell said that the workshop will be for everybody.
Cathy McCann also referred to the After- School Program and
asked where all the volunteers went. She said that this program
used to be an excellent one with a lot of volunteers from the
different educational institutions such as UM and FIU. About the
Deputy Clerk's position, she said that there is a history of that
position in the City Clerk's office; with regard to
qualifications for that position she said that our present City
Clerk was not fully trained but has been doing an admirable job.
She then requested that item no. 4 on the Consent Agenda (now no.
11) relating to the purchase of the Hammock House be pulled. She
said that the proposed transactions as outlined in the resolution
are a violation of our Charter which provides that if money is
transferred from one account to another to use for something else
that it requires the approval of the Commission.
Mayor Russell clarified that the purchase of the Hammock
House was budgeted and can be found under Non - Departmental
expenses, line item 2215.
Lew Sellers said that in his estimation, fifteen years is
too long for the extension of the CRA since there are only so
many projects that can be done in that area. He also has a
concern with the boundaries of the CRA, referring to the downtown
that is being beautified and which is part of the CRA. He
recommended that the CRA be extended for ten years and then be
revisited at that time.
Levy Kelly spoke about the CRA, its longevity and some of
the comments being made. He said that the benefits that the CRA
brings eventually impacts all of South Miami.
Marisol Arceo, with Informed Families, who said that has
been working with South Miami for the past four years, spoke in
support of the CRA. She said that their mission is to help
children to grow up drug free.
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1
2 Frank Cuzzocrea Jr. referred to items no. 10 and 13 on the
3 Agenda relating to the �MRP parking garage project. He said that
4 he would like to know how much the settlement is costing the
5 City. He also wanted to know what will happen to the loan after
6 the garage is built.
7
8 Adrian Ellis spoke about the After - School Program and urged
9 the Commission to return the director to the full -time position.
10 He asked that the program be returned to the level of service
11 that it originally had.
12
13 Curtis Gross also referred to the After - School Program
14 saying that his children have really suffered for the past two
15 years. He said that when the volunteers were coming from UM the
16 children benefited from them because they used to spend a lot of
17 time with them, reinforcing everything that they were learning in
18 school. With regard to the CRA, he said that he has always taken
19 advantage of.what the CRA had to offer.
20
21 Doris Hall spoke about the After - School Program. She said
22 that the City of South Miami is a sub- recipient of Federal
23 dollars, and every year there is a deadline for requesting grant
24 funding through the CAA in the City.
25
26 After there were no more speakers, the Public Remarks
27 section was closed.
28
29 At this point Commissioner Wiscombe pulled item no. 4 from
30 the Consent Agenda (now no. 11).
31
32
33 CONSENT
34
35 Resolution No. 10 -05 -11989
36 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
38 COMMITTEES; APPOINTING NANCY DISOTUAR TO SERVE ON
39 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY
40 BOARD FOR AN UNEXPIRED TERM ENDING MARCH 15, 2006;
41 AND PROVIDING AN EFFECTIVE DATE. 3/5
42 (Mayor Russell)
43
44 Resolution No. 11- 05- 11990
45 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
47 MANAGER TO EXECUTE A GRANT AGREEMENT WITH SOUTH
48 FLORIDA WATER MANAGEMENT DISTRICT OF $725,000 FOR
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1 WATER DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING FOR
2 EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Resolution No. 12 -05 -11991
6 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS;
8 APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF
9 FELDMAN v. CITY OF SOUTH MIAMI; AUTHORIZING THE CITY
10 MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT PROVIDED
11 THAT IT IS CONSISTENT WITH THE SETTLEMENT TERMS AND
12 CONDITIONS APPROVED BY THE COMMISSION; DIRECTING
13 PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE
14 AGREEMENT; PROVIDING AN EFFECTIVE DATE. 3/5
15
16 (City Manager)
17
18 Moved by Commissioner Wiscombe, seconded by Commissioner
19 Sherar, the motion to approve the Consent Agenda passed by a 5-
20 0 vote:
21
22 Commissioner Wiscombe: Yea
23 Commissioner Sherar: Yea
24 Vice Mayor Palmer: Yea
25 Commissioner Birts- Cooper: Yea
26 Mayor Russell: Yea
27
28
29 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
30
31 Ordinance No. 01 -05 -1823
32 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
33 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING PHASE II PLAN
34 SUPPLEMENT AS UPDATING AND MODIFYING THE SOUTH MIAMI
35 COMMUNITY REDEVELOPMENT PLAN AND PROVIDING FOR
36 TRANSMITTING THE PLAN TO THE MIAMI -DADE COUNTY BOARD
37 OF COUNTY COMMISSIONERS; PROVIDING FOR FURTHER
38 ACTIONS TO IMPLEMENT THE PLAN; PROVIDING FOR
39 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
40 PROVIDING AN EFFECTIVE DATE. 3/5
41 (City Manager)
42
43 Moved by Vice Mayor Palmer, seconded by Commissioner
44 Wiscombe to approve this item.
45
46 Mr. O'Donniley presented this item and referred to an
47 amendment that was made to the Plan on first reading. This
48 amendment has been underlined and added on page 24, under III
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1 (B) first paragraph. He continued to outline the major
2 revisions done as per the Commission's direction. He also
3 indicated that when they transmit it to the County, there will
4 be an additional exhibit to that transmittal, which is not part
5 of the Plan, which will be a report on budgetary expenditures
6 to demonstrate our compliance in terms of keeping up funding
7 efforts; the County also asked us to submit a summary statement
8 of all the efforts that come together relative to educational
9 programs, such as The Wounded Healers Program. He said that
10 staff's recommendation is to approve the Plan; the consultant
11 suggested the 15 -year extension which is the appropriate
12 approach to provide for the opportunity to do bonding.
13
14 Mayor Russell opened the floor for public hearing.
15
16 David Tucker Sr., a longtime advocate of the CRA, urged the
17 Commission to go forward with its continuation.
18
19 Josephine Anderson spoke in favor of the CRA. She also
20 thanked the Commission for voting 4 -1 on first reading. She
21 then referred to the lack of sensitivity of one of the
22 Commissioners when addressing the CRA community as "you
23 'people," and requested more respect towards the CRA community.
24 She said that there is some resentment within the community as
25 the result of that and asked that they be regarded with more
26 respect.
27
28 Yvonne Beckman spoke against the extension of the CPA. (Tape
29 inaudible)
30
31 Jay Beckman spoke against the extension of the CRA. (Tape
32 inaudible)
33
34 Cathy McCann spoke about some of her concerns with the CRA
35 and the reasons why she is against it. She said that the City was
36 sold a dream and the dream has not been fulfilled. She said that
37 one house has been built by the CRA and forty have been built by
38 Habitat, and that they would have been built regardless of the
39 CRA. (Tape inaudible)
40
41 Sharon McCain (Tape inaudible)
42
43 Levy Kelly spoke in favor of the CRA. (Tape inaudible)
44
45 Martin Larkin spoke in favor of the CRA (Tape inaudible)
46
47 Rev. James Thompson spoke in favor of the CRA (Tape
48 inaudible)
49
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Frank Cuzzocrea Jr. said that although he does not agree
with every aspect of the CRA Plan, however, it needs to be
approved. He said that when it comes to empower individuals,
the CRA at this stage is the best plan.
Adrian Ellis said that
taxes. He also said that r
during the CPA meetings. He
something that they do not
He said that the Plan that
time to get things done. He
building a house but rath
People in the CRA area
opportunities and for owning
how the CRA can help, not
that more residents should
Board.
the residents of the CRA also pay
Le is tired of the racial remarks
said that if anyone happens to see
Like, they should offer an opinion.
is in place is good but it takes
said that poverty is not broken by
er by education and empowerment.
are also looking for business
a business in the area and that is
just from home ownership. He said
be able to participate on the CRA
Doris Hall said that the SMCRA was conceived in fraud. Mayor
Russell said that the word fraud is not permitted in Chambers.
Ms. Hall pointed out that one of the Commissioners had used it.
Ms. Hall referred to certain houses that were indicated as slum
and blight and that were never inspected, according to a 1996
report that she mentioned. She then said that there has been
red lining and mismanagement in the CRA area. She then referred
to the issue of affordable housing saying that the language
which had been added to the Plan on its first reading is
incorrect. She recommended to the Commission to review the Comp
Plan to make sure that it provides for a certain number of
affordable units in the City. She then urged the Commission to
vote no for the CRA.
Fred Horton spoke in favor of the CRA Plan.
With no more speakers the floor was closed for public
hearing.
Commissioner Wiscombe said that he has been a loud proponent
of the CRA since its conception. Mistakes have been made but at
the same time they have tried to correct them along the way. He
said that there have been all kinds of negative rumors
circulating about the CRA throughout the years. He said that
nobody has been displaced and on the contrary, they have been
empowered by it and they are taking enormous interest in it and
thanked everyone for being here tonight. He said that this is a
15 -year Plan because they have cut it in half. We did a search
for the CPA director but it did not work, but I think that
eventually we should do another search, he said. He said that
the area had been slum and blight and that he remembers when a
lot of houses were falling apart and junkies were living in
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them plus the prostitution that was going on. We do not have
any of that anymore because it was part of the CRA to clean it
up. He said that he had promised to this part of the community,
even before he got on the Commission, that he would do
everything in his power to do things that had not been done for
over thirty -five years, he has kept his promise and will
continue to do so.
Commissioner Sherar began by asking, when an area stops
being slum and blight. He referred to properties with 1600 sq
ft in the CRA area which have recently been selling for over
$200,000. He said that the CRA would have succeeded if the
people would have had stamina. (The tape here began to break
the words) Commissioner Sherar wanted to continue after the 10-
minute limit set by the Mayor. Ms. Boutsis explained that the
10- minute debate limit is set by Robert's Rule of Order.
Commissioner Sherar was not in agreement with this and said
that he believed that the rules of the debate are established
by the body.
Commissioner Wiscombe pointed out that he has a lot of ideas
about what to do with the CRA but because he was asked to limit
his comments to five minutes he managed to do just that.
Commissioner Birts - Cooper said to Commissioner Sherar that
they have been over this many times, over and over again, and
everyone in here knows how he feels about the CRA and how he is
going to vote, that is not going to change and that is the
bottom line, and I respect your opinion, she added. However, we
need to move forward and cannot sit around pointing fingers at
one another. We have a plan, it might not be the best plan, but
we have a plan and we need to go forward with it.
Mayor Russell thanked Commissioner Birts- Cooper for her
thoughtful comments.
Vice Mayor Palmer said that the only time that they get a
chance to talk among them is when they are at the dais and if
they seem to disagree sometimes, that is part of the whole
thing. She said that by looking at the Plan again she knows
where she stands. She said that she wants to see development;
however, she is concerned with the new developments which the
average resident cannot afford. She said that she will focus on
affordable housing because she believes that this is a very
important issue and one of her biggest concerns. She then asked
for clarification about Page 23, Goal 24, second bullet. Mr.
O'Donniley said that this was in the original Plan and these
are just specific items that were done or were on -going to
address implementation and to remove financial obstacles for
redevelopment. One example of that was the allocation of monies
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for the new roof of the medically disabled homeowner and the
bike track to St. Alban's Child Enrichment Center. These were
two specific grants that were made in the past to implement
that. Vice Mayor Palmer then said that she will continue
watching and reiterated that she will focus on affordable
housing.
Commissioner Sherar then proposed an amendment by adding on
Page 33, under (10) Education: b. The CRA shall spend $100,000
a year on the After- School Program.
Commissioner Wiscombe asked whether that would be considered
• social program. Commissioner Sherar said that we basically do
• lot of social programs.
Mr. O'Donniley said that we have certain efforts that we
need to maintain relative to the After- School Program.
Therefore, this would be an additional effort. He said that if
after a careful analysis we determine that this could be
feasible in the future, then it can be considered during the
budget process.
Attorney Boutsis said that as long as the City is not trying
to replace its current commitments and funding for the portion
that say that is located within the CRA then this is something
that perhaps the CRA would be able to approve. She said that an
easy way to go about this amendment would be to say that "the
CPA would be expanding the After - School Program," leaving it at
that, and that way they can look towards expanding it in the
future and see what the resources are to fund it.
Commissioner Sherar continued to argue about the way money
is being allocated; bringing up the fact that People's
Transportation money is being spent now for trolley services.
Mayor Russell said that she wished to hear comments from the
rest of the Commission.
At this point Commissioner Sherar said that there were still
many things to be said; this is an exercise in futility because
everybody enjoys loosing $3.5 million, and he left the meeting.
Commissioner Sherar's amendment died for lack of a second.
With no further comments or discussion, the motion to
approve this item passed by a 4 -0 vote:
REGULAR CITY COMMISSION
MINUTES - February 1, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
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Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Ordinance No. 02 -05 -1824
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM
SYSTEMS; REPEAL-ING— SEGTI-1N 18-4 1N 1T-S ENTIRETY AND
GFJ�T LPG A -per AMENDING SECTION 15 -4 -1 THROUGH 15 -4-
10 ENTITLED BURGLARY AND ROBBERY ALARM; PROVIDING FOR
ALARM PERMITTING, PERMITTING FEES AND FINES FOR NON-
COMPLIANCE, ISSUANCE OF FALSE ALARM REPORTS AND
APPEALS OF FALSE ALARM REPORTS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
With no speakers, Mayor Russell opened and closed the floor
for public hearing.
With no further discussion or comments the motion to approve
this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
RESOLUTION (S)
Resolution No. 13 -05 -11992
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION;
APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY AND
MARK RICHMAN PROPERTIES, INC.; PROVIDING AN EFFECTIVE
DATE. 3/5
REGULAR CITY COMMISSION
MINUTES - February 1, 2005
(City Manager)
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Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to approve this item.
4 Attorney Figueredo briefly explained the litigation between
5 MRP and the City. As per Mr. Figueredo's Memorandum addressed
6 to Ms. Davis and dated January 27, 2005, MRP initiated a civil
7 action against the City on March 21, 2003 for breach of
8 contract to jointly develop a mixed use parking garage and
9 retail building. MRP seeks reimbursement of expenses and lost
10 profits it speculates it would have earned over a 50 -year
11 period. MRP might be able to establish lost profits for a
12 reasonably short period of time, but it is doubtful that it can
13 establish lost profits for a 50 -year period. Mr. Figueredo then
14 went over the tentative Settlement Agreement consisting of
15 eleven points. He also went over the provisions stipulated in
16 the Lease Agreement.
Commissioner Wiscombe said that he is pleased to see this
matter coming to an end. It is good that we have been able to
work out a deal, get the extra parking and avoid the lawsuit
that was looming over our heads for years.
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper, the motion to extend the meeting to 11:30 p.m.
passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
With no further discussion or comments the motion to approve
this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 14- 05- 11993
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING A CITY
ATTORNEY, APPROVING A CONTRACT FOR LEGAL SERVICES
PROVIDED BY CITY ATTORNEY AND LAW FIRM; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 15
MINUTES - February 1. 2005
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to approve this item.
Mayor Russell said that the three ranking sheets that she
had were in favor of Nagin Gallop Figueredo and asked if anyone
had any other thing to add.
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to add the firm name of Nagin Gallop Figueredo to
the blank in the resolution.
With no further discussion or comments the motion to approve
this item, confirming the appointment of the firm Nagin Gallop
Figueredo passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
At this point the Mayor announced a 5- minute recess.
Resolution No. 15 -05 -11994
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO ACQUISITION
OF THE "HAMMOCK HOUSE "; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE A LOAN IN THE AMOUNT USED TO ACQUIRE
THE PROPERTY AND REIMBURSING VARIOUS BUDGET ACCOUNTS
WITH THE AMOUNT TRANSFERRED FROM THEM FOR THE
TRANSACTION. 3/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Commissioner Wiscombe explained that he had pulled this item
from the Consent Agenda in order to allow the City Manager to
clarify the finances of the whole thing, to make sure that what
we are doing is proper.
Ms. Davis explained that back at budget time, the Commission
approved a debt service for the first year for the YMCA and
also for. the Van Smith property. She then referred to the
different areas of the minutes of the Special City Commission
Meeting of September 28, 2004, showing the different motions
and discussion relating to this subject. She then explained
that the reasons for expediting the closing on the purchase of
REGULAR CITY COMMISSION 16
MINUTES - February 1, 2005
the Hammock House before the end of the year was for tax
purposes, pending negotiation of a loan by the Finance director
after returning from vacation. The amount of the loan is
$567,366.50.
Commissioner Wiscombe asked from which account the money was
transferred. Ms. Davis answered that it was transferred from
the different accounts in the Non- Departmental.
Mayor Russell said that she was pleased with the above
clarification from the Manager since she had also asked for
clarification because the cover memo did not seem sufficient.
She then thanked Commissioner Wiscombe for bringing this up.
Ms. Davis apologized for not providing adequate back -up from
the beginning.
Commissioner Wiscombe said to make sure that in the future
the accounts where the money came from are identified so that
nobody may think that we are doing something wrong.
Vice Mayor Palmer requested further clarification. Ms. Davis
said that we had to get a mortgage in order to fulfill what we
had contemplated during the budget process; however, without
the Finance Director, we were unable to get a mortgage through
the League until he got back. So, in order to avoid wasting
money on taxes, we borrowed money from the various accounts in
the Non- Departmental line items, so that we could purchase the
property. Now what we are asking the Commission is to allow us
to go out for the loan so that we may reimburse those accounts.
With no further discussion or comments, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 16 -05 -11995
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
CREATION OF A DEPUTY CLERK POSITION; REQUIRING
RETURN OF ITEM TO THE CITY COMMISSION FOR BUDGET
AMENDMENT APPROVAL, APPROVAL OF SALARY RANGE FOR THE
DEPUTY CLERK POSITION, CREATION OF A JOB DESCRIPTION
FOR THE POSITION OF DEPUTY CLERK; AND RECOMMENDING
REGULAR CITY COMMISSION 17
MINUTES - February 1, 2005
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NIKI PAYNE FOR THE DEPUTY CLERK POSITION; PROVIDING
AN EFFECTIVE DATE. 3/5
(Vice Mayor Palmer)
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to approve this item.
Commissioner Wiscombe explained that this had been put in a
form of a resolution so that can go ahead and deal with it. He
said that this solidifies the City Clerk's office, while the
rest of the information relating to the job description and any
salary changes that they may want to make, as well as any
budgetary impact, can be discussed at the next meeting.
Vice Mayor Palmer said that this is appropriate and that she
is looking forward to see this done.
Mayor Russell said that they may discuss it further at the
next meeting.
With no further discussion or comments, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts - Cooper : Yea
Mayor Russell: Yea
Mayor Russell voted yes pending the incoming information.
Ms. Davis asked for clarification saying that she thinks
that according to the Charter the Deputy City Clerk reports to
the Commission at will.
Mayor Russell said to include all that information for the
next meeting and at that time they will discuss it in greater
detail with all the information in front of them.
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A
TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, BY AMENDING SECTION 20-
3.7(E)(1)(c) ENTITLED " "MIXED USE (PUD -M)" IN ORDER
REGULAR CITY COMMISSION
MINUTES - February 1, 2005
18
1 TO CORRECT A TECHNICAL ERROR RELATED TO THE MAXIMUM
2 DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED USE
3 PROJECT AND THE METRO RAIL STATION; PROVIDING FOR
4 SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING
5 AN EFFECTIVE DATE. 3/5
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7 (City Manager)
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9 Moved by Vice Mayor Palmer, seconded by Commissioner
10 Wiscombe to approve this item.
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12 Mr. O'Donniley explained that this resolution is for the
13 purpose of correcting a technical error in the LDC Section 20-
14 3.7 (E)(1)(c). This came up as the result of reviewing a
15 development proposal entitled "Red Road Commons" which would be
16 impacted by this technical error. This wording if not corrected
17 could lead to PUD -M rezoning requests in areas far away from
18 the Metrorail affecting mixed use areas such as SW 62nd Avenue,
19 Madison Square, other areas designated Mixed Use
20 Commercial /Residential Land Use, as well as residential
21 neighborhoods.
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23 Cathy McCann said that distance depends on how it is
24 measured. Mr. O'Donniley explained that the distance is
25 measured from property line to property line.
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27 Sharon McCain asked if the property stops at the end of the
28 sidewalk. Mr. O'Donniley said that the way they have always
29 determined distance is from property line to property line.
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31 Attorney Figueredo, as one point of clarification, said that
32 it is correct from property line to property line. However, for
33 purposes of the PUD and for complying with the Land Development
34 Code, is the main entrance. The specific point of measuring for
35 purposes of the transit station, you would go to the property
36 line; for purposes of the development, you would go to the main
37 entrance.
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39 Doris Hall asked the Mayor if as the Chairperson for the CPA
40 she would be able to identify all of your affordable housing
41 stock and utilize a site master plan for the CRA plan in order
42 to protect the existing affordable housing. Mayor Russell said
43 that she was not prepared to answer that question tonight but
44 that she would do it at some other point in the future.
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46 Moved by Commissioner Wiscombe, seconded by Vice Mayor
47 Palmer, the motion to extend the meeting for fifteen minutes
48 beyond 11:30 p.m. passed by unanimous vote.
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REGULAR CITY COMMISSION 19
MINUTES - February 1, 2005
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Attorney Figueredo said that although Ms. Hall raised an
interesting point, it is not relevant to these proceedings.
With no further discussion or comments, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ORDINANCE (S) FIRST READING
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND
MARK RICHMAN PROPERTIES, INC., FOR THE LEASE BY MRP
OF CERTAIN CITY PROPERTY AND THE CO- DEVELOPMENT OF A
PARKING STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW
58 COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. -34/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe the motion to approve this item.
Attorney Figueredo, as a point of clarification explained
that this is a franchise and under the Charter it requires a
four -fifth vote. He then referred to the ordinance saying that
the whole basis of the Settlement Agreement is the Lease
Agreement and most of what he explained in the Settlement
Agreement is relevant to the Lease Agreement. He then went
briefly over some of the points in the Lease Agreement. The
facility design will be a design that still has to go over all
of the LDC approvals; the project has to comply with the LDC
and the City Manager will work closely with MRP; The City will
own the parking structure. There is a commitment by MRP to make
special effort to minimize the impact of construction on the
commercial areas. There will be valet parking; MRP will have to
apply and comply with all permit applications authorizing
parking; MRP will be required to repair and maintain the
facilities; MRP will be required to maintain insurance. We have
requested a provision at the request of the Mayor in the
negotiations and that is that MRP will commit to enhance job
REGULAR CITY COMMISSION
MINUTES - February 1, 2005
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opportunities to the citizens of South Miami and there will be
a hiring preference for residents of the City.
Attorney Figueredo then referred to a couple of questions
that the Mayor had. One is, do all aspects of the project have
to meet the Land Development Code with special exceptions, and
the answer is absolutely yes. Special exceptions that are
required to build the garage, and without them the garage is
not feasible; these special exceptions will need to be approved
in order for this Settlement Agreement to move forward;
however, we cannot approve them as part of the Settlement
Agreement or the Lease because that would constitute contract
zoning. The next question, at what stage of the project does
the City break even. Hakeem said that the first year we are
going to lose about $195,000, from the parking that we generate
from that location and also from the parking tickets. Once the
garage is done, we will be able to generate enough revenue to
recover what we will lose on the first year. So we will begin
to break even after the first year, the Mayor said. She also
asked Hakeem to be prepared to speak about that issue at the
next meeting.
With no further discussion or comments, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Absent
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
COMMISSION REMARKS
There being no further business to come before this Body,
the meeting adjourned at 11:46 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION 21
MINUTES - February 1, 2005
Approved
Mary Scott Russell
Mayor