06-07-05 Item 1c1 City of South Miami
2 Regular City Commission Minutes
3 May 17, 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, May 17, 2005, beginning at 7:00
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor 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.
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20 B. Invocation: The invocation was delivered by Commissioner
21 Birts- Cooper.
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23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
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26 D. Presentation(s)
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28 National Public Works Week Proclamation:
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30 Public Works Director, Ajibola Balogun, presented his staff.
31 The Mayor, together with her colleagues, presented the National
32 Public Works Week Proclamation.
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34 Officers of the Month:
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36 The following Police Officers were awarded: Officer Paul
37 Rodriguez for March, Detectives Michael Stroface and Joseph
38 Duran for February, and Officer Jesus Aguiar for April 2005.
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40 City lobbyist, Fausto Gomez, reported on recently passed
41 legislation in Tallahassee and its impact on the City in terms of
42 receiving funding for various projects.
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44 Presentations ended approximately at 7:43 p.m. and the Mayor
45 announced a ten - minute recess.
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47
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1 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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4 1. Minutes of April 19, 2005
5
6 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
7 Cooper, the motion to approve the Minutes of April 19, 2005
8 passed by a 4 -0 vote:
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10 Commissioner Wiscombe: Absent
11 Commissioner Sherar: Yea
12 Vice Mayor Palmer: Yea
13 Commissioner Birts- Cooper: Yea
14 Mayor Russell: Yea
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17 2. City Manager's Report:
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19 a) Quarterly Financial Report for the Second Period
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21 The Report was presented on PowerPoint format. Finance
22 Director, Hakeem Oshikoya, conducted the first part consisting of
23 the Revenues, and Ms. Davis presented the Expenses portion of the
24 Report. She pointed out that the only areas of concern are in
25 Public Works Motor -Pool, and that there are several reasons why
26 we are over budget in the Motor Pool. One is, at the beginning of
27 the year they encumber funds for purchase orders for parts, tires
28 and equipment. Another problem is as the result of the City's
29 failure over the past few years to continue with the vehicle
30 replacement program. The vehicles are out of warranty and they
31 are failing. We should be replacing vehicles on a five -year
32 rotation schedule. Also gas keeps going up. She finally said that
33 at fifty percent of the year our budget is at 49 percent so we
34 are in a very good shape.
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36 b) Report on General Obligation Bond (GOB) of Miami -
37 Dade County
38
39 Ms. Davis explained that the County passed a bond referendum
40 for $2.9 billion back in November. As part of the bond program,
41 we were able to negotiate a percentage of the bond proceeds to
42 come directly at the local level; this was when Mayor Russell was
43 the President of the Dade League of Cities; she put together a
44 sub- committee for the GOB and we were able to negotiate dollars
45 to come back at the local level for each municipality. The
46 allocation for South Miami was $1,343,000. All of the questions
47 passed on the referendum. We placed our priority on park dollars,
48 and today, the Dade County Board of Commissioners passed it
49 unanimously; we are on the first bond sale which will occur on
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June lst and we are scheduled to receive our dollars within sixty
days of the bond sale. This is a grant that we do not have to pay
back; it is not an obligation for the City; the County is paying
it through tax revenue and she said to be very pleased to
announce that we are on the first bond sale of $250 million and
that we should be getting our money sometime in August.
Ms. Davis then referred to an issue with the Planning
Department that was brought up at the last meeting regarding the
Medical Arts Building across the street and she asked Mr.
O'Donniley to address the issue.
Mr. O'Donniley said that as a follow up to the last meeting,
he sat down with City Counsel Luis Figueredo and they reviewed
the file; then they contacted the owner to discuss the matter and
they set up a meeting with the owner and the architect to review
and pursue possible remedies to rectify the situation. This is in
progress and should be able to bring back a report to the next
meeting.
Commissioner Sherar announced that he would be moving to
defer item no. 16 (now no. 11) on the Agenda.
3. City Attorney's Report
City Counsel Boutsis referred to new legislation regarding
sex offenders. At the direction of this Commission, they have
drafted proposed legislation, slightly varied from the one that
other cities such as Miami Beach have done. They have also sent
the proposed draft of the ordinance to the Attorney General to
get his opinion on the propriety of the legislation because there
are several civil libertarian type issues related to it.
Counsel Boutsis also requested to schedule an attorney -
client session for 6:30 p.m. on Tuesday, June 7, prior to the
City Commission meeting, to go over the Anduiza versus the City
of South Miami matter to discuss strategy and /or settlement. It
was unanimously agreed to have the attorney- client session on
that time and date.
PUBLIC REMARKS
(5- minute limit)
David Tucker Sr. referred to an item on the May 3, 2005
agenda relating to `assault weapons ban,' indicating that the
item lacked information.
Cal Rosenbaum referred to the building being constructed at
6141 Sunset Drive, also known as the Medical Arts Building saying
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1 that it is inappropriate in its fifth floor design. He also said
2 that item no. 18 on the Agenda relating to the purchase of the
3 "Y" should be a four -fifth vote.
4
5 Yvonne Beckman referred to item no. 16 on the Agenda
6 relating to the domestic trash ordinance saying that it will not
7 work the way it is drafted because it is not realistic.
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9 Sharon McCain referred to the comments regarding the Motor
10 Pool during the Financial Report presentation saying that she has
11 never gotten an answer about the take -home police cars. She then
12 referred to the attorney's fee of over $2,000 for a protective
13 order for Eve Boutsis. She then referred to the board
14 appointments ... inaudible...
15
16 City Manager Ms. Davis clarified in response to previous
17 comments during public remarks that the City is not paying for
18 Ron Stroyne's defense. The State Attorney's office is paying for
19 that.
20
21 City Attorney Boutsis said that there are City of South
22 Miami employees that are being represented by the Florida League
23 (FLC). Mr. Stroyne is not an employee; therefore he is not
24 represented by the FLC. She said that she has been served with a
25 subpoena and therefore a protective order was issued on behalf of
26 the City of South Miami and its employees. There are matters
27 regarding a Whistle Blower action that are being investigated but
28 that has nothing to do with the Feliu matter or with Mr. Stroyne.
29
30 Tony Recio, addressed the Commission regarding item no. 17
31 on the Agenda relating to the request for a special use approval
32 to locate a restaurant at 7301 SW 57 Court. Mr. Recio requested,
33 on behalf of the applicant, that the item be deferred to the next
34 meeting so that they can present it to the full Commission. This
35 requires a 4/5 vote and there is one Commissioner absent tonight.
36
37 Dick Ward said that in lieu of the importance of items no.
38 18 and 19 on the Agenda relating to the purchase of the "Y," that
39 they be deferred until they have a full Commission present.
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41 Jay Beckman spoke of the importance of the acquisition of
42 the "Y" in order to meet parkland requirement.
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44 Brad Coule addressed the Commission regarding an ongoing
45 problem that he has with standing water in front of his
46 residence... inaudible...
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48 Ms. Davis said that Mr. Coule alleged that our certified
49 surveyor was wrong. Rather than argue it, she said that she opted
50 to bring another surveyor so that she can comfortably make a
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1 decision as to whether she is going to go against our City
2 Engineer's recommendation to accommodate Mr. Coule's concerns or
3 not.
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5 Tim Merker referred to the Affordable Housing Advisory
6 Committee's appointments urging the Commission to get more
7 residents involved.
8
9 Lew Sellers referred to the items on the Agenda relating to
10 the purchase of the "Y" asking for some clarification.
11
12 Walter Harris urged the Commission to appoint Yvonne to a
13 committee.
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15 Cathy McCann referred to the appointments to the Affordable
16 Housing Advisory Committee saying that this is a Committee that
17 is representing the residents of South Miami and three out of the
18 five are non - residents. She. asked the Commission not to do this.
19 She said that there is something inherently wrong when you have a
20 five- member Committee, and you are appointing three non -
21 residents, when this Committee does not requixe any special
22 expertise.
23
24 Representative Julio Robaina said that he had come to speak
25 about the purchase of the "Y" as a resident and not as an elected
26 official. He said that there is great need for green space on the
27 north part of the City. He said that when they had a Charrette in
28 that forgotten part of the City some years ago, that the number
29 one issue was parks and green space in that area, and the YMCA
30 issue was at the center of all the Charrette maps they had laid
31 out here, and everybody wanted to see this happen. He said that
32 he is proud to say that South Miami is all about a balance, and
33 that green space will create a balance. He then commended Mayor
34 Russell for taking the lead on this effort.
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36 With no more speakers the public remarks section was closed.
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39 At this point Mayor Russell pulled items no. 4 -8 (now nos.
40 15 -19) .
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42 After a three - minute break, the meeting reconvened.
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CONSENT
60 -05 -12039
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ROXANNE SCALIA TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
MAY 16, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
61 -05 -12040
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING BRAULIA M. DINGLE TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING MAY 16, 2007; AND PROVIDING AN EFFECTIVE DATE.
(Mayor Russell) 3/5
62 -05 -12041
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING TENAJ DAVIS MILWARD TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING MAY 16, 2007; AND PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Russell)
63 -05 -12042
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MANUEL A. PAUCAR TO SERVE ON
THE BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING
SEPTEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Russell)
64 -05 -12043
8. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING HENRY FARFAN TO SERVE ON THE
BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING
SEPTEMBER 30, 2005; AND PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Russell)
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65 -05- 12044
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $22,395 FOR
RECONFIGURING OF THE COMPUTER NETWORK'S WIRING IN CITY
HALL AND THE POLICE DEPT.; CHARGING THE DISBURSEMENT
TO ACCOUNT NUMBERS 001- 1340 -513 -4633 (MAINTENANCE -
COMPUTER NETWORK) AND 001- 0000 - 219 -5300 (COMPUTER
NETWORK ESCROW); PROVIDING FOR EFFECTIVE DATE. 3/5
(City Manager)
66 -05- 12045
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $19,005.91; CHARGING
$19,005.91 TO ACCOUNT NO. 001 - 1500 - 514 - 3410, LEGAL
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5
(City Attorney)
Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
the motion to approve the Consent Agenda passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
31 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
32
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34 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE
36 CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING
37 CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(B) ENTITLED
38 "EXTENT OF SERVICE AND POINTS OF COLLECTION - DOMESTIC
39 TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND YARD
40 CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY -
41 FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY;
42 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
43 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
44 (Commissioners Sherar and Wiscombe)
45
46 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
47 to approve this item.
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It was explained that this item would be deferred since
Commissioner Wiscombe, who is one of the sponsors, was absent.
With no further comments or discussion, the motion to defer
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) /PUBLIC HEARING (S)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR (HD -OV)" SPECIALTY RETAIL
HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY
LOCATED AT 7301 SW 57' COURT; PROVIDING FOR AN
EFFECTIVE DATE. (Deferred 513105 & 5117/05) 4/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
With no further comments or discussion, and at the request
of the applicant, the motion to defer this item until the next
regular scheduled meeting passed by a 4 -0 vote.
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper : Yea
Mayor Russell: Yea
ORDINANCE (S) FIRST READING PUBLIC
HEARING S)
(NONE)
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i
1 ORDINANCE (S) FIRST READING
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4 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL
6 PROPERTY; AUTHORIZING THE PURCHASE OF THE PROPERTY
7 LOCATED AT 4300 SW 58TH AVENUE CONSISTING OF A
8 RECREATION CENTER AND ADMINISTRATIVE OFFICE BUILDING,
9 BASKETBALL COURTS, A RACQUETBALL COURT, SWIMMING POOL,
10 AND APPROXIMATELY 7 ACRES OF OPEN FIELD SPACE, WITH
11 DEPT SERVICE CHARGED TO THE NON - DEPARTMENTAL DEBT
12 SERVICE - YMCA ACCOUNT CODE 001.2100.519.9927,
13 AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE
14 PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF
15 THE PROPERTY; PROVIDING AN EFFECTIVE DATE. 4/5
16 (City Manager)
17
18 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
19 to approve this item.
20
21 Ms. Davis began to address the Commission by introducing Mr.
22 Alfred Sanchez, President of the YMCA of Greater Miami. She said
23 that in her twenty years of public service, she has rarely met,
24 or negotiated with someone who has been so professional and who
25 has acted in good faith as Mr. Sanchez has. She said that the
26 purchase of this property is going to assist in meeting the
27 City's current and future Comprehensive Plan requirements as it
28 relates to green space concurrency. The property will also
29 provide for desperately needed active park space and a relief to
30 Palmer Park which is the only park in the City with adequate
31 athletic field space. The property is located on the north end of
32 our City and it is within the City's boundaries. She explained
33 the purchase in further detail as it was also explained in the
34 staff report accompanying the ordinance. She said that there will
35 be no debt service requirements in the current fiscal year. The
36 anticipated debt service over the next five years will average
37 approximately $55,000 per year, and currently there are $84,000
38 available, and this amount will be carried over to next fiscal
39 year to cover the City's debt service amount on the loan. She
40 said that the Finance Director and her, looked at our debt
41 service ratio over revenue, and we are well below the norm, which
42 is ten percent. She then explained that she anticipates needing a
43 part -time person beginning fiscal year 05 -06 to maintain the
44 property; we will also need an additional mower and supplies,
45 fertilizer and so on. Therefore, we will need additional dollars
46 to maintain the property next year.
47
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Commissioner Sherar went over some changes he will be
proposing for the draft Agreement (underlined) : 1) the "YMCA of
Greater Miami," needs to be identified as to the type of entity;
2) the "Closing Date" is within 15 days of the completion of the
review period or the earlier or later date as shall be hereafter
agreed upon by the Parties; 3) "Review Period" means 45 days from
the Effective Date of the Agreement for the period set out in
section 5.2, whichever is longer; 4) we have no title company
listed and we need to put it in; 5) under paragraph 5.2, he said
that the 180 days is more realistic than the 30 -day periods
particularly in the event that there is a title problem; 6) under
paragraph 11.4 the venue should be Dade County.
Ms. Davis said that the "Y" Attorney is going to have to
review Commissioner Sherar's suggestions and that they might have
a meeting in between with the Commissioner. She then clarified
for the Vice Mayor that Downrite Engineering does not have any
legal rights on this property. Downrite contributed to a
tremendous amount of renovation to the property, and in
appreciation of their donation of over half of a million dollars
to renovate the property, we negotiated an agreement that we
would name the field, not the entire park, after Downrite
Engineering. She then explained to the Vice Mayor that what she
is proposing and what has been negotiated is that the field will
be called "Downrite Field" in perpetuity. The Vice Mayor then
asked whether any future Commission will be able to change the
name.
Ms. Boutsis said that if the contract calls for perpetuity,
then you need to enforce it.
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
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 THE
YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58TH
AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 4/5
(City Manager)
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1 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
2 Cooper to approve this item.
3
4 Ms. Davis explained that the Lease Agreement allows for the
5 YMCA to lease the recreation facilities located at the site in a
6 small portion of the field, for fifty years at one dollar per
7 year. The "Y" is required to conduct a market study to determine
8 the feasibility of constructing a new community center. If the
9 market study is favorable and shows that the YMCA can generate
10 adequate revenue, then they require to build the center in five
11 years. She continued to explain the main points of the Lease
12 Agreement in further detail as it was also explained in the staff
13 report accompanying the ordinance. The YMCA has agreed to treat
14 all of the residents of the City of South Miami as YMCA members
15 as it relates to participation in its programs by waiving the
16 YMCA membership fees. In addition, South Miami residents will
17 receive reduced rates for joining individual programs.
18
19 In response to Vice Mayor Palmer's inquiry, Mr. Sanchez
20 explained that the YMCA has a program membership which is at the
21 present a $35 fee a year. Also in response to another question by
22 the Vice Mayor, he said that they currently do a background check
23 on every single employee. What they have not done in the past is
24 do background checks on volunteers but that will be included in
25 this. Ms. Davis said that this is something that we are requiring
26 and a background check will be conducted on everybody regardless
27 of whether they are volunteers or staff.
28
29 Vice Mayor Palmer then referred to the last line of the
30 first page of the Lease Agreement where it says, ...agrees to
31 consider... She said that it should read that the City reserves the
32 right to negotiate... Ms. Davis and the City Attorney explained
33 that the word "consider" does not imply that the renewal will be
34 automatic. Ms. Boutsis said to the Vice Mayor said that she will
35 look into it to see whether she can find a more comfortable
36 language that she can place in there for her. Ms. Boutsis
37 reiterated, however, that the language "agrees to consider" does
38 not mean that you have to do anything.
39
40 Vice Mayor Palmer then asked Ms. Davis whether there is a
41 plan "B" in the event that the "Y" is unable to meet its
42 obligations with regard to the community center that they will be
43 building. In other words, she said, in the event that they are
44 not producing enough revenue and they default. Ms. Davis said
45 that she went over that at length with Mr. Sanchez and Mr.
46 Figueredo. There will be plenty of collateral attached to the
47 loan in the event that they do default. The City will not be hung
48 with the balance of the loan. Ms. Boutsis then referred to
49 paragraph 3.1 "Borrowings" which specifically stipulates that
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1 this obligation of the YMCA shall be guaranteed by the YMCA and
2 evidenced by the YMCA Notes.
3
4 Vice Mayor Palmer then referred to paragraph 2(ii). Ms.
5 Davis said that she negotiated in good faith and committed to
6 reviewing the Charter, and forwarding a Charter amendment to
7 increase the fifty years to ninety -nine years. She said that she
8 intends to fulfill her commitment as negotiated with the "Y" and
9 then it will be up to this Commission to decide whether you want
10 to forward it to put it on a referendum or not.
11
12 Mr. Sanchez said that the spirit of the Agreement has been
13 that they want to enter into a long -term partnership. The "Y" in
14 2006 will be in its 90th year of service in Miami -Dade; it will
15 also be in its 160th year of service across the world. Therefore,
16 this is an institution that has been around for many years and
17 looks at its relation to the community in centuries, not in
18 decades. So, in releasing a property, one as valuable as this
19 one, not only in terms of the value of the property but valuable
20 to the community and the services that they provide, they want to
21 be sure that they could be there partnering with the City as long
22 as possible.
23
24 Ms. Davis said that Mr. Sanchez recognizes what a referendum
25 is, that it goes out to the voters. However, I cannot put it on
26 the ballot without this Commission's authorization; therefore,
27 Ms. Davis continued, it may or may not get to a referendum, but I
28 have committed to the "Y" in good faith that I will attempt to
29 bring it to the Commission when we do our Charter review, because
30 there are areas of the Charter that need to be modified,
31 operationally, and I will include increasing the terms of leases
32 to a maximum of ninety -nine years. The Commission may vote it up
33 or down but this was part of the Agreement; this will not lock
34 this Commission into anything; it does not lock the community
35 into anything.
36
37 In response to the Vice Mayor's concern regarding liability
38 insurance coverage in case they are having an event and something
39 happens, Ms. Davis explained that it depends, if it is our event
40 we would be responsible; we have to carry insurance for that
41 property as well, but for their activities, they will have to
42 carry liability and hold us harmless, so we will be jointly
43 insuring the property for our activities.
44
45 Vice Mayor Palmer then referred to paragraph 5.4 regarding
46 the operation of the field and maintenance of all common areas
47 within the Park. Ms. Davis responded that this is why she had
48 noted that we will need another half person plus additional
49 dollars for supplies and chemicals.
50
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I The Vice Mayor then referred to paragraphs 6 and 9 regarding
2 hours of operation, one is 6:00 p.m. and one is 5:00 p.m. saying
3 that to her is almost impossible to close at 5:00 o'clock. Ms.
4 Davis said that those times were determined by the YMCA, they run
5 their own programs and that was acceptable to them.
6
7 Commissioner Sherar referred to paragraph 2(ii) regarding
8 the possible extension of lease agreements of City owned property
9 beyond fifty years if it is approved by referendum at the next
10 municipal election. He concurred with the Vice Mayor's concern
11 regarding this issue, adding that fifty years is already a long
12 time and that he does not have a problem with the first fifty
13 years, but it gets to a point where things need to be re-
14 examined. He then went over the Agreement making the following
15 recommendations (underlined) : 1) 913.1, to add ...that the "Y" will
16 be responsible for all associated costs such as, origination
17 fees, recording fees, taxes, doc stamps, and so on; 913.1, to add
18 ...the City will use commercially reasonable best efforts to
19 borrow...; 2) 91's 3.5, 22.1 and 24 (all the default sections) and
20 said that we need to have consistency in the stipulated days; 3)
21 122.1, to amend ...within ten (10 ) days et- prior to the date...; 4)
22 9127, said he does not like the cap; 9128 to add ...by a court in
23 Dade County of competent... 5) 9134, to add ...that the City may
24 withhold its consent within its sole discretion; 6) 9136, to add
25 ...that a resident of South Miami can also bring an action to
26 enforce the Agreement ... 7) '145, said that if there is going to be
27 any construction by them, there needs to be a bonding requirement
28 to protect us against a lien. He then said that whatever we agree
29 on the use, to make sure that everybody is happy, and to put
30 everything in writing. He also had recommendations for the final
31 reading: to make sure that all exhibits are included in the
32 Agreement; that a title search be done to make sure that we have
33 no title problems; he said that he knows we have an encroachment
34 problem and would like to have a copy of the survey to see what
35 it is; and that the pages of the Agreement be numbered.
36
37 In response to Vice Mayor Palmer's concern of what would
38 happen in the event that the "Y" becomes temporarily inoperable
39 due to hurricane damage, for instance, Ms. Boutsis responded that
40 this goes back to the guarantees under the $8 million,. and
41 Commissioner Sherar has added some additional language to be put
42 in there. If they have a problem where they are unable to pay,
43 they still have the security of the other assets to make sure
44 that they cover their debt.
45
46 At this time, Mayor Russell, before calling the question
47 said that the Lease Agreement needs to go back to staff and to
48 the "Y" board for further discussion after all the input this
49 evening.
REGULAR CITY COMMISSION 13
MINUTES - May 17, 2005
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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
Mayor Russell explained that she pulled the following five
items pertaining to the Affordable Housing Committee so that they
could discuss it and allow for any changes that they would like
to make or people that they may wish to change.
Commissioner Sherar said that he has said it before, that he
would like to see Yvonne get on a board. He said that by putting
her on a board, she probably sees things from a different light,
and she comes to all of these meetings, so that means that she
wants to get involved.
Mayor Russell said that she has only tried to expedite the
process in time for the first meeting coming up of the Committee,
she only knows Ralph and Mr. Perez, and she does not know
everybody else, she said that she simply looked at the
qualifications and most expeditiously put them together to send
to the Commission as required for them to review. She said that
anyone that they wish to appoint or change will be fine with her.
Commissioner Birts- Cooper said that she is pleased with the
choices. About Mr. Perez, she said that he lives in this
community and the appointees come with resources and expertise in
the field which will be an asset to the Committee. She also said
that she would like to see Yvonne on a committee.
Vice Mayor Palmer said that her intention from the beginning
has been to have one member recommended by each Commissioner. She
then strongly recommended taking out one person and replacing it
with Yvonne Beckman as per Commissioner Wiscombe's wishes and
recommendation.
RESOLUTION (S)
67 -05 -12046
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING RALPH ROSADO TO SERVE ON THE
REGULAR CITY COMMISSION
MINUTES - May 17, 2005
14
1
AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM
OF
2
ONE YEAR, ENDING APRIL 8, 2006; AND PROVIDING
AN
3
EFFECTIVE DATE. (Deferred 513105)
3/5
4
(Mayor Russell)
5
6
Moved by Commissioner Sherar, seconded by Commissioner
7
Birts- Cooper to approve this item.
8
9
With no further comments or discussion, the motion to
10
approve this item passed by a 4 -0 vote.
11
12
Commissioner Wiscombe: Absent
13
Commissioner Sherar: Yea
14
Vice Mayor Palmer: Yea
15
Commissioner Birts- Cooper: Yea
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Mayor Russell: Yea
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18
68 -05 -12047
19
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
20
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
21
COMMITTEES; APPOINTING ALFONSO J. PEREZ TO SERVE
ON
22
THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM
23
OF ONE YEAR, ENDING APRIL 8, 2006; AND PROVIDING
AN
24
EFFECTIVE DATE. (Deferred 513105)
3/5
25
(Mayor Russell)
26
27
Moved by Commissioner Sherar, seconded by Vice Mayor
Palmer
28
and Commissioner Birts- Cooper to approve this item.
29
30
With no further comments or discussion, the motion to
31
approve this item passed by a 4 -0 vote.
32
33
Commissioner Wiscombe: Absent
34
Commissioner Sherar: Yea
35
Vice Mayor Palmer: Yea
36
Commissioner Birts- Cooper: Yea
37
Mayor Russell: Yea
38
39
69 -05 -12048
40
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
41
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
42
COMMITTEES; APPOINTING DOROLYN DEAN TO SERVE ON
THE
43
AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM
OF
44
ONE YEAR, ENDING APRIL 8, 2006; AND PROVIDING
AN
45
EFFECTIVE DATE.
3/5
46
(Mayor Russell)
rail
REGULAR CITY COMMISSION 15
MINUTES - May 17, 2005
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Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
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
70 -05 -12049
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING
YVONNE BECKMAN TO SERVE ON THE AFFORDABLE HOUSING
ADVISORY COMMITTEE FOR A TERM OF ONE YEAR, ENDING
APRIL 8, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
To Mayor Russell's concern about compliance with her 7 -day
notice to the Commission regarding Ms. Beckman's application, Ms.
Boutsis responded that there is adequate notice.
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to strike the name of Emilio Fernandez - Iglesias from the
resolution and substitute it with that of Yvonne Beckman. The
motion to amend the resolution passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
With no further comments or discussion, the motion to
approve this item as amended passed by a 4 -0 vote.
REGULAR CITY COMMISSION
MINUTES - May 17, 2005
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
16
1 71 -05 -12050
2 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
4 COMMITTEES; APPOINTING CAROL BELLAK - ESCOFFERY TO SERVE
5 ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A
6 TERM OF ONE YEAR, ENDING APRIL 8, 2006; AND PROVIDING
7 AN EFFECTIVE DATE. 3/5
8 (Mayor Russell)
9
10 Moved by Commissioner Sherar, seconded by Commissioner
11 Birts- Cooper to approve this item.
12
13 With no further comments or discussion, the motion to
14 approve this item passed by a 4 -0 vote.
15
16 Commissioner Wiscombe: Absent
17 Commissioner Sherar: Yea
18 Vice Mayor Palmer: Yea
19 Commissioner Birts- Cooper: Yea
20 Mayor Russell: Yea
21
22
23 COMMISSION REMARKS
w5i
25 Mayor Russell at this time asked, as the Chair of the CRA,
26 to move the CPA meeting from Monday, July 11th to Monday, July
27 18th. She then said that if Commissioner Wiscombe has a problem
28 with that, they can change it again and she asked Ms. Davis to
29 follow up on it. This date change was requested so that the
30 Commission can rest for the four -week summer recess without
31 interruption.
32
33 Commissioner Birts- Cooper commented about an affordable
34 housing project done by the University of Miami in Coconut Grove
35 as a good example. She also thanked Ms. Davis for negotiating
36 with the "Y" and thanked Commissioner Sherar for going through it
37 as he did.
38
39 Commissioner Sherar reiterated that he wants the deal to go
40 through and that he wants Mr. Sanchez to understand that. He said
41 that somehow they ought to be able to come up with something
42 about the fifty years since that is a big concern for him. Ms.
43 Davis said that this is a crucial issue for the "Y" because she
44 thinks it is a deal breaker.
45
46 Vice Mayor Palmer said that she is grateful that everything
47 went well and hopes that they can work together.
48
REGULAR CITY COMMISSION 17
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There being no further business to come before this Body,
the meeting adjourned at 10:51 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - May 17, 2005
i
Approved
Mary Scott Russell
Mayor