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05-03-05 Item 1a1 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 46 City of South Miami Special City Commission Minutes March 10, 2005 DRAFT CALL TO ORDER: The City Commission of the City of South Miami, Florida met in special session on Thursday, March 10, 2005, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Mary Scott Russell, Vice Mayor Velma Palmer, and, Commissioners Marie Birts- Cooper, Craig Z. Sherar. Randy G. Wiscombe was absent. Also in attendance were: City Attorney Eve Boutsis, City Manager Maria V. Davis and City Clerk Maria M. Menendez. B. Invocation: The invocation was delivered in silence. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. ITEMS(S) FOR THE COMMISSION'S CONSIDERATION: 1. City Manager's Report: a) Report on deferred agenda items. Ms.. Davis explained that during the following meetings she will be including the deferred items in her report in order to keep the Commission up to date on how far behind we are. b) Selection of date to schedule a Special City Commission meeting to resume deferred items from the Red Road Commons Project. Alternate dates recommended: Monday, March 28, or, Wednesday, March 30. Monday, March 28 was selected to hold this Special Meeting, pending confirmation with Commissioner Wiscombe who was absent. c) Discussion pertaining to the EAR process. SPECIAL CITY COMMISSION MINUTES - March 10, 2005 1 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 Ms. Davis explained that we are hiring a consultant for the EAR process and asked the Commission whether they would like to meet, individually with the consultant or collectively. Mayor Russell said that a Commission workshop would be a good idea. The EAR Workshop was scheduled to be held April 14, 2005 at 7:00 p.m. The After- School House Workshop was scheduled to be held April 28, 2005 at 7:00 p.m. 2. City Attorney's Report (NONE) PUBLIC REMARKS (5- minute limit) Mayor Russell announced that this section was limited to items on the Agenda only. Yvonne Beckman thanked Vice Mayor Palmer for sponsoring the Affordable Housing Committee. With no further speakers, the Public Remarks were closed. CONSENT (NONE) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) UNFINISHED BUSINESS: RESOLUTION (S) Resolution No. 32 -05 -12011 3. 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 CO- DESIGNATING CHURCH STREET (SW 59TH 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 SPECIAL CITY COMMISSION 2 MINUTES - March 10, 2005 1 OTHER RELEVANT NECESSARY ACTIONS; PROVIDING FOR AN 2 EFFECTIVE DATE. (Deferred 2115105) 3/5 3 (Pulled from Consent by C. Birts- Cooper 3101105) 4 (Mayor Russell) 5 6 Moved by Commissioner Sherar, seconded by Commissioner 7 Birts- Cooper to approve this item. Commissioner Birts- Cooper said that when this item was brought before the Commission at a previous meeting, Commissioner Wiscombe commented that someone would contact the Committee. She said that because the Committee was not contacted, and since the Commission had voted on it as per what the Committee wants. In addition, she said that it was the Committee's decision and that the Commission should honor that. Commissioner Sherar said that Commissioner Wiscombe wanted to keep it as Church Street because of the historic designation. Ms. Davis said that it actually came back because the County asked us to co- designate MLK Boulevard and 59th Place, and that is when Commissioner Wiscombe decided that he felt that he needed to research it. On the other hand, the Committee again presented this evening their desire to keep the name of MLK Jr. 26 With no further comments or discussion, the motion to 27 approve this item passed by a 4 -0 vote: 28 29 Commissioner Wiscombe: Absent 30 Commissioner Sherar: Yea 31 Vice Mayor Palmer: Yea 32 Commissioner Birts- Cooper: Yea 33 Mayor Russell: Yea 34 35 36 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 38 MANAGER TO ISSUE AND ADJUST AMOUNTS OF OPEN PURCHASE 39 ORDERS PREVIOUSLY AUTHORIZED BY RESOLUTION TO VENDORS 40 WITH WHOM EXPENDITURES EXCEED THE $5,000 LIMIT FOR THE 41 CURRENT FISCAL YEAR AS OUTLINED IN THE CITY CHARTER; 42 CHARGING THE DISBURSEMENTS TO THE CORRESPONDING 43 DEPARTMENT EXPENSE ACCOUNTS AS APPROVED IN THE 44 2004 /2005 ADOPTED BUDGET; AND PROVIDING FOR AN 45 EFFECTIVE DATE. 3/5 46 (Pulled from Consent by C. Wiscombe 3101105) 47 (City Manager) 48 SPECIAL CITY COMMISSION 3 MINUTES - March 10, 2005 45 46 47 48 Moved by Commissioner Sherar, seconded by Commissioner Birts- Cooper to approve this item. Ms. Davis said that approximately six months ago she brought this issue to the attention of the Commission. She said that the Charter specifically states that the City Manager has authority up to $5,000; however, it is silent as far as specifying if it is $5,000 per vendor or $5,000 per purchase. In the past, the procedure utilized for purchasing was one where purchases over $5,000 were not being brought to the Commission. This resolution is in the spirit of full disclosure and keeping the Commission as informed as possible. Commissioner Sherar said that he just does not want the paperwork to become bureaucratic. Ms. Davis said that if the Commission wishes for her to go back to the old way, it is easier bookkeeping; however, she said that she does not think that it is aDnrobriate. Mayor Russell said that they could table the item indefinitely and see if Commissioner Wiscombe wants to bring it back. She then added that instead of making it a voting item, it could be a reporting item as an attachment under the City Manager's Report for the Commission and the public to see. Ms. Davis said that as long as the Attorney feels that this is adequate. Counsel Boutsis said it is fine. Vice Mayor Palmer asked for further clarification. Ms. Davis said that what she understands as the direction of the Commission is for her to continue with what she is doing, what she believes is right, and just report in lieu of creating a resolution for it. Moved by Commissioner Sherar, seconded by Commissioner Birts- Cooper, the motion to table 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 UNFINISHED BUSINESS: ORDINANCE (S) FIRST READING SPECIAL CITY COMMISSION MINUTES - March 10, 2005 4 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; AND CREATING SEC. 2- 26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY COMMITTEE "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (Vice Mayor Palmer) Moved by Vice Mayor Palmer, seconded by Commissioner Sherar to approve this item. Vice Mayor Palmer said that presently we are all aware that affordable housing is needed and it is hard to find it in South Miami or anywhere. She said that she really feels that this is a very pressing issue and that she does not have the amount of information that is needed and that she would like to know what other cities are doing; how could we use it to accomplish some of our goals. She said that she has heard that everybody have an interest on this issue but we really need more than just having an interest; we need to be able to make it come alive. Mayor Russell said that she thinks that this is a great idea. Mr. O'Donniley explained that the ordinance provides for a term of one year but it could be brought back if it is needed. He also said that this will be a welcoming body in terms of providing input towards the EAR process. Vice Mayor Palmer said that besides having members who would be experts in the field, she wants to extend it to anyone that will be able to bring something to the Committee. Mayor Russell then urged each Commission member to recommend a person to her and she will then make the appointments based on their recommendation. Vice Mayor Palmer said that if and when this is passed, she will be thinking of setting up a workshop to get the Committee going. Mayor Russell said that they also need to determine how the Committee will be staffed. Ms. Davis said that she did not have any recommendation on this right now. The Mayor then asked staff to work with the Vice Mayor on a recommendation for a staff person. Commissioner Birts- Cooper referred to the required qualification for members. Vice Mayor Palmer said that she is SPECIAL CITY COMMISSION 5 MINUTES - March 10, 2005 not too concerned about the dollars at this point; her primary concern is getting the information on how to get affordable housing, what the process entails, and how it is structured. Mayor Russell said that we could ask our County Commissioner to send someone from his office to learn what it is being done countywide. Mr. O'Donniley said that when the Committee is put in place we can ask other experts to come in, for example, the Regional Planning Agency has been assigned to look at a region -wide program which embraces Miami -Dade and Broward. Mayor Russell said that the Executive Director of the South Florida Regional Planning Council is Carolyn Dekle. She said that they are having a meeting Monday the 14th at 10:30 in the morning which she is planning to attend to see what she could bring. Moved by Vice Mayor Palmer, seconded by Commissioner Birts- Cooper to amend section 2.(e)(i) to add on line 12 of the ordinance to read ...and the City Commission... The motion to amend passed by a 4 -0 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea Commissioner Sherar said that he likes the idea but that we are running out of time since the EAR deadline is around the corner. He then referred to some information sent to him by email with regard to an article referring to exclusionary zoning of affordable housing up in Baltimore; he said that FIU or at the law school there is a section that deals with affordable housing issues; he also said that perhaps there is some type of institute in Dade County associated with one of the universities or colleges that can actually sit down with staff and help develop this. Counsel Boutsis said that she will provide some contact information and names of people that could be recommended for positions on the Committee. Mr. O'Donniley then in response to Commissioner's Sherar comment referred to the administrative rules promulgated by the Department of Community Affairs which determines the range of low and moderate income of communities by jurisdiction. This is a required element of our Plan and must be addressed. He then SPECIAL CITY COMMISSION 6 MINUTES March 10, 2005 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 45 46 47 48 said that he thinks that where this Committee will have the greatest influence is looking at new or expanded implementation techniques to reach those goals. He said that at the local level Baltimore is relatively successful, and also San Francisco. Counsel Boutsis also mentioned Colorado, and said that Arizona has some good programs. She said that the Housing Authority has been gathering all of these different ordinances and things for incentive and that she will be providing the Commission with all that information. With no further comments or discussion, the motion to approve this item as amended 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. 33 -05 -12012 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT CONSISTENT WITH THE TERMS IN THE ATTACHED PROPOSAL WITH CODY & ASSOCIATES TO PERFORM A COMPARABLE WAGE STUDY FOR AN AMOUNT NOT TO EXCEED $13,500; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer to approve this item. Ms. Davis explained that over a year ago this Commission directed her to have an in -depth salary survey done. We had an RFP, we went with the lower quote, and that vendor did not perform. She said that this is a recommendation to go with the second low quote. Mayor Russell asked whether we have done a background check to make sure that they are satisfactory. Staff responded that it was done. With no further comments or discussion, the motion to approve this item passed by a 4 -0 vote: SPECIAL CITY COMMISSION MINUTES - March 10, 2005 Commissioner Wiscombe: Absent Commissioner Sherar: Yea 7 1 2 3 4 5 6 7 Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(B) ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION - DOMESTIC TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY -FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioners Sherar and Wiscombe) Moved by Commissioner Sherar, seconded by Commissioner Birts - Cooper, the motion to defer this item to the April 4, 2005 Regular City Commission meeting passed by a 4 -0 vote: Commissioner Wiscombe: Absent Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer Commissioner Birts- Cooper to approve this item. SPECIAL CITY COMMISSION 8 MINUTES - March 10, 2005 Ms. Davis explained that this request is to have Bellsouth provide our long distance services. Our Purchasing Manager, efficiently and effectively researched other firms and found that with Bellsouth we could save $6,000 a year over the next two years. We are piggy backing from a $685,000 bid from Miami Beach. Commissioner Sherar asked whether we have looked at a flat rate option because that is what his office has. Purchasing Manager Kathy Vazquez explained that this is a monthly fee based on how many calls we have; if we exceed a certain amount of calls, they will also be charged at a lower rate. Commissioner Birts- Cooper asked whether we could go back and negotiate another plan if we exceed the allowed amount of calls for the next two months. Ms. Vazquez explained that based on our long distance history, we do not make that many calls. In addition, she said that our major savings are because AT &T has a flat monthly fee of approximately $600. and Bellsouth does not. Mayor Russell said that the reason that we did not have to go out for bid on this item is because of piggybacking on another municipality. Ms. Davis said, as an observation, that looking at the Charter at the last Commission Meeting, this is a perfect example of why we need to review it; our Charter requires that a multi -year contract be done by ordinance; this is a simple, basic contract that we have to hold two readings on. She said that there are operational issues that are antiquated and there is no reason why we should have to do an ordinance to award a simple, multi -year contract. Vice Mayor Palmer and Mayor Russell pointed out that they were unable to make long distance calls from City Hall, not even dialing an 800 number. Ms. Davis said that she was not aware of it and that she thinks that we could fix that, and she explained that only department heads have long distance capability. 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 SPECIAL CITY COMMISSION 9 MINUTES - March 10, 2005 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 PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. RESOLUTION (S) /PUBLIC HEARING (S) (NONE) COMMISSION REMARKS There being no further business to come before this Body, the meeting adjourned at 8:05 p.m. Attest Maria M. Menendez City Clerk SPECIAL CITY COMMISSION MINUTES - March 10, 2005 10 Approved Mary Scott Russell Mayor