08-02-05 Item 1a1 Ci ty of South Miami
DRAFT
2 Regular City Commission Minutes
3 July 19, 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, July 19, 2005, beginning at 7:40
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
it 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 Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
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20 B. Invocation: The invocation was delivered in silence. The Mayor
21 asked to remember Commissioner Wiscombe who is in the hospital.
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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 NONE
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30 At this time the Mayor acknowledged the presence of Ruben
31 Arias, with Miami -Dade County Commissioner Carlos Gimenez,
32 thanking Mr. Arias for attending the meeting.
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36 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
37
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39 1. Approval of Minutes:
40
41 a) Minutes of June 7, 2005
42
43 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
44 and Commissioner Birts - Cooper, the motion to approve the minutes
45 of June 7, 2005 passed by a 4 -0 vote:
46
REGULAR CITY COMMISSION 1
MINUTES - July 19, 2005
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Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
b) Minutes of June 14, 2005
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper, the motion to approve the minutes of June 14, 2005
passed by a 4 -0 vote:
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
1. City Manager's Report:
Ms. Davis referred to the following: a) Atlantic Broadband
is changing their channel alignment effective 12:01 tomorrow
morning, meaning that the City's cable Channel 5 will now be
Channel 77; b) She congratulated staff for the hurricane
preparation and clean up, acknowledging the good work of
departments such as the Police, Public Works and Purchasing; c)
She advised the Commission of various grants that we are in the
process of applying for citywide.
At this time the Mayor and Commissioners discussed whether
to hold a special meeting to hear the two ERPB appeals recently
submitted.
Counsel Figueredo indicated that he will provide the
Commission with a memorandum setting forth guidelines for
handling an appeal. He estimated that each appeal would take
approximately one hour; and, that the second appeal that has been
submitted is an item that he wants to look at closely because
there has been an Eleventh Circuit Court decision which has
challenged the constitutionality of sign ordinances.
It was the consensus of the Commission to add the appeal
items to a regular meeting.
3. City Attorney's Report
(NONE)
REGULAR. CITY COMMISSION
MINUTES - July 19, 2005
2
1 PUBLIC REMARKS
2 (5- minute limit)
3
4 Walter Harris urged the Commission to be careful on what
5 they vote on particularly with regard to development since there
6 has been an increase in new construction in the City recently.
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8 David Tucker Sr. addressed the Commission with regard to the
9 history surrounding the 4th of July celebration.
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11 Yvonne Beckman referred to item no. 13 on the agenda
12 relating to hiring a consultant to conduct a professional survey
13 for input into the City's EAR process.
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15 Sharon McCain referred to item no. 6 on the agenda relating
16 to the collective bargaining agreement between the City and the
17 PBA. She also spoke of expenses being incurred by the City and
18 her concern that taxes might be increased.
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20 Dick Ward also spoke regarding item no. 6. He said that one
21 percent increase is not enough and that it should be at least
22 three percent.
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24 John E. Smith commended the City Manager and staff for the
25 job well done regarding Hurricane Dennis. He also spoke about
26 item no. 17 relating to landscaping for the median on Sunset
27 Drive and said that a bike lane is needed as well.
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29 Jay Beckman spoke against widening the intersection of
30 Ludlam Road and SW 64th Street. He said that widening that
31 intersection will not improve it; what will do, instead, is bring
32 more traffic and congestion to the area. He also spoke about the
33 item relating to the proposed parking moratorium.
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35 Beth Schwartz spoke about item no. 13, saying that perhaps
36 the survey could be done by the residents so that the City would
37 not have to spend this amount of money on a survey.
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39 Don Williams referred to trash pick up and the new garbage
40 containers which are too big for him to push around.
41
42 With no further speakers, the public remarks section was
43 closed.
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45 At this point Commissioner Sherar pulled items no. 6, 7 & 11
46 (now nos. 10, 11 & 13); Vice Mayor Palmer pulled item no. 13 (now
47 no. 14); and Mayor Russell pulled item no. 9 (now item no. 12).
48
49
.REGULAR CITY COMMISSION 3
MINUTES - July 19, 2005
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CONSENT
84 -05 -12063
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $22,925.00 TO LEADEX CORPORATION FOR REPAIR
AND RENOVATION OF THE TENNIS RESTROOM AND PRO SHOP
BUILDING AT DANTE FASCELL PARK; TO BE CHARGED TO THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) GRANT ACCOUNT NUMBER 001.0000.115.7022;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
85 -05 -12064
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $19,500.00 TO A. PALMER ROOFING, INC. FOR
REPAIR AND RENOVATION OF THE BUILDING ROOFS AT PALMER
PARK; TO BE CHARGED TO THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT ACCOUNT
NUMBER 001.0000.131.2221; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
86 -05 -12065
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE STREET SWEEPING AGREEMENT WITH
SOUTH FLORIDA MAINTENANCE SERVICES, INC. IN AN AMOUNT
OF $8,875 TO BE CHARGED TO STORMWATER TRUST FUND
ACCOUNT NUMBER 111 - 1730 - 541 -3450; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
87 -05 -12066
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH TJ PAVEMENT
CORP. FOR DOWNTOWN DRAINAGE IMPROVEMENTS - PHASE IV
CONSTRUCTION IN AN AMOUNT OF $217,851.15 TO BE
CHARGED TO US DEPARTMENT OF COMMERCE, ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) GRANT AND THE US
ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL
ASSISTANCE GRANT (STAG) ACCOUNT NUMBERS 001- 0000 -132-
REGULAR CITY COMMISSION
MINUTES - July 19, 2005
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1 2062 AND 106 - 1721 - 536 -6550 RESPECTIVELY; PROVIDING
2 FOR AN EFFECTIVE DATE. 3/5
3 (City Manager)
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5 88 -05 -12067
6 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
8 MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH
9 MIAMI -DADE COUNTY TO ACCEPT AND EXPEND BUILDING
10 BETTER COMMUNITIES BOND FUNDS IN THE AMOUNT OF
11 $1,343,000.00 FOR THE PURPOSE OF ACQUIRING THE YMCA
12 PROPERTY LOCATED AT 4300 SW 58TI AVENUE; SOUTH MIAMI,
13 FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 3/5
14 (City Manager)
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16 89 -05 -12068
17 9. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
18 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
19 DISBURSE $5,800.00 TO ARDAMAN & ASSOCIATES, INC. FOR
20 AN ENVIRONMENTAL ASSESSMENT OF THE YMCA PROPERTY; TO
21 BE CHARGED TO THE NON- DEPARTMENTAL YMCA DEBT SERVICE
22 ACCOUNT NUMBER 001.2100.519.9927; PROVIDING AN
23 EFFECTIVE DATE. 3/5
24 (City Manager)
25
26 Moved by Vice Mayor Palmer, seconded by Commissioner
27 Sherar, the motion to approve the Consent Agenda passed by a 4 -0
28 vote:
29
30 Commissioner Wiscombe: Absent
31 Commissioner Sherar: Yea
32 Vice Mayor Palmer: Yea
33 Commissioner Birts- Cooper: Yea
34 Mayor Russell: Yea
35
36 RESOLUTION (S)
37 (Pulled from the Consent Agenda)
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39 90 -05 -12069
40 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND
42 AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR
43 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -
44 DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE
45 CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, AND
46 AN EFFECTIVE DATE. 3/5
47 (City Manager)
REGULAR CITY COMMISSION
MINUTES - July 19, 2005
5
Moved by Vice. Mayor Palmer, seconded by Commissioner Birts-
Cooper to approve this item.
Commissioner Sherar said that the police take -home cars is a
big issue for a lot of people, including him; he also explained
that it was the majority of the members to accept the take -home
cars as part of the negotiations, which apparently have certain
economic value to the people that take them home. He then said
that pensions eventually are going "to eat the government up
alive," and this is due to the police officers being vested after
ten years on the job. He said that pensions are going to be a big
problem in years to come. He said that he hopes that three years
from now, whoever is doing this contract's negotiations starts
taking some reality into consideration about pensions.
Vice Mayor Palmer said
officers take good care of the
said that she agrees with the
years with the City, and that
that people should be vested ei
needs a pension.
that she has noticed that the
cars that they take home. She also
policy of being vested after ten
if it were up to her she thinks
en earlier. She said that everyone
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
91 -05 -12070
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A SERVICE WORK ORDER TO MILIAN SWAIN
& ASSOCIATES, INC (MSA) FOR PROFESSIONAL ENGINEERING
SERVICES FOR SURVEYING & TESTING, DESIGN, BID AND
CONSTRUCTION PHASE SERVICES FOR THE SNAPPER CREEK
DRAINAGE & TRAFFIC CALMING IMPROVEMENTS, IN AN AMOUNT
OF $88,482 TO BE CHARGED TO PEOPLES TRANSPORTATION
TAX ACCOUNT NUMBER 124- 1730 - 541 -3450; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
Cooper to approve this item.
REGULAR CITY COMMISSION 6
MINUTES - July 19, 2005
1 Commissioner Sherar said that, as he has said before, he
2 does not think that the traffic circles are really traffic
3 calming. He said that we should be spending money on other
4 methods that may be more efficient. He said that he just does not
5 think that this is the proper method.
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7 Vice Mayor Palmer said that, as she,had stated before, there
8 are certain circles that are too tight and that they are
9 dangerous, particularly for young people walking along the
10 street. She concurred with Commissioner Sherar in the sense that
11 there must be another way to solve the traffic problem.
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13 Public Works Director, Mr. Balogun, explained that they had
14 held various meetings with the neighbors and that these traffic
15 circles had been accepted by all the residents in the
16 neighborhood. He also explained that these circles work very well
17 with the east -west traffic.
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19 Commissioner Birts- Cooper said that the truth is that the
20 residents want the traffic circles because they are working in
21 other areas and that we should proceed with the plan.
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23 Vice Mayor Palmer reiterated that other methods should be
24 explored. The circles are too tight and they are dangerous for
25 people walking by. Mr. Balogun said that the design of the
26 circles may be adjusted to allow some space for walking.
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28 With no further comments or discussion, the motion to
29 approve this item passed by a 3 -1 vote.
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31 Commissioner Wiscombe: Absent
32 Commissioner Sherar: Nay
33 Vice Mayor Palmer: Yea
34 Commissioner Birts- Cooper: Yea
35 Mayor Russell: Yea
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38 92 -05 -12071
39 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
41 MANAGER TO EXECUTE SERVICE AGREEMENT WITH STAR BRIGHT
42 PAINTING CORP. EXTERIOR PAINTING OF CITY HALL IN AN
43 AMOUNT •OF $10,485 TO BE CHARGED TO PUBLIC WORKS
44 DEPARTMENT'S CONTRACTUAL ACCOUNT NUMBER 001- 1710 -519-
45 3450; PROVIDING AN EFFECTIVE DATE. 3/5
46 (City Manager)
47
48 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
49 to approve this item.
REGULAR CITY COMMISSION 7
MINUTES - July 19, 2005
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2 Mayor Russell said that she spoke to the Manager about this
3 because she does not think that the building should be painted
4 during hurricane season. However, she said that they may approve
5 the contract and do the work later.
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7 Ms. Davis clarified that this project was budgeted.
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9 With no further comments or discussion, the motion to
10 approve this item passed by a 4 -0 vote.
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12 Commissioner Wiscombe: Absent
13 Commissioner Sherar: Yea
14 Vice Mayor Palmer: Yea
15 Commissioner Birts - Cooper: Yea
16 Mayor Russell: Yea
17
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19 93 -05 -12072
20 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
21 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
22 MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE
23 CITY OF FLORIDA CITY POLICE DEPARTMENT FOR GENERAL
24 AND SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE
25 CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO
26 SECTION 23.1225 (3), FLORIDA STATUTES; AND PROVIDING
27 FOR AN EFFECTIVE DATE. 3/5
28 (City Manager)
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30 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
31 Cooper to approve this item.
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33 Commissioner Sherar said that he pulled this item from the
34 Consent because he is fundamentally opposed of doing anything in
35 support of Florida City.
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37 With no further comments or discussion, the motion to
38 approve this item passed by a 3 -1 vote.'
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40 Commissioner Wiscombe: Absent
41 Commissioner Sherar: Nay
42 Vice Mayor Palmer: Yea
43 Commissioner Birts- Cooper: Yea
44 Mayor Russell: Yea
45
46
47 14. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
48 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
REGULAR CITY COMMISSION 8
MINUTES - July 19, 2005
CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM
OF ADKINS AND ASSOCIATES FOR THE PURPOSE OF
CONDUCTING A PROFESSIONAL RANDOMIZED SURVEY OF SOUTH
MIAMI CITIZENS IN ORDER TO PROVIDE INFORMATION ON
DEVELOPMENT AND CITY SERVICES AS INPUT INTO THE
CITY'S COMPREHENSIVE PLAN EVALUATION AND APPRAISAL
REPORT; APPROVING A CONSULTANT FEE IN THE AMOUNT OF
$15,000; CHARGING $10,000 OF THAT AMOUNT TO ACCOUNT
NO. 001- 1620 - 524 -3450, PLANNING DEPARTMENT
CONTRACTUAL SERVICES; AND $5,000 TO ACCOUNT NO. 001-
210- 519 -9920, GENERAL CONTINGENCY; PROVIDING AN
EFFECTIVE DATE. 1 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper to approve this item.
Vice Mayor Palmer said that months ago she requested that we
have a survey. She said that at that time, she explained to the
Planner what she expected the survey to be. She said that she
also stated at that time that the citizens of South Miami should
be involved in the EAR process. She said that she is opposed to
paying the consultant this kind of money, especially when what
has been presented to her is not anything close to what they had
agreed on. She said that she sees no reason for having delayed
this, and now having to pay a consultant to do it. She said that
she is opposed to spending the tax dollars in this fashion; and,
that she will appreciate that when they make an agreement here,
that such agreement is followed.
Mayor Russell said that she thinks that it is the City's
responsibility to reach as many people as possible and then
decode that information, and that is not the residents'
responsibility.
Mr. O'Donniley explained that we are proposing to do two
surveys, one of which will not cost the City anything, and it
will be going out with the newsletter. He said that this survey
will be the same as the one that has been used in the past, with
only one change; and that is, that instead of identifying their
location on the map, they are requesting for an address to know
where the response came from. The proposed randomized survey is
done through specific representative samples to make sure that we
get a cross section of age, sex, income, etc. With the two
surveys we will have a better control of the validity of the
responses. He also explained that one of the reasons for this
survey being late is that we were waiting for some court
REGULAR CITY COMMISSION 9
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decisions, and that we also wanted to coordinate it with the
City's newsletter.
Mayor Russell suggested having this item deferred so that
they may have all the backup they need.
Vice Mayor Palmer requested that they have something from
the consultants such as the questions that will be presented.
Commissioner Sherar said that there is nothing stopping
anybody, meaning the residents, from going out there and doing
this on their on.
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
and 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
The Mayor called for a five - minute recess at this time.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) SECOND READING
15. 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
(Approved with amendments on second reading 6107105)
(Commissioners Sherar and Wiscombe)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item
REGULAR CITY COMMISSION
MINUTES - July 19, 2005
10
1
2 Moved by Commissioner Sherar, seconded by Commissioner
3 Birts- Cooper, to defer this item in deference to its co- sponsor,
4 Commissioner Wiscombe. The motion to defer passed by a 4 -0 vote.
5
6 Commissioner Wiscombe: Absent
7 Commissioner Sherar: Yea
8 Vice Mayor Palmer: Yea
9 Commissioner Birts- Cooper: Yea
10 Mayor Russell: Yea
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13 RESOLUTION (S)/PUBLIC HEARING (S)
14 (NONE)
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17 RESOLUTION (S)
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19 94 -05 -12073
20 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
21 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING AND
22 ESTABLISHING NEW PASSPORT, FINGERPRINTING AND
23 BACKGROUND CHECK SERVICES AND RELATED FEE SCHEDULE;
24 PROVIDING FOR EFFECTIVE DATE. 3/5
25 (City Manager)
26
27 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
28 Cooper to approve this item.
29
30 Ms. Davis presented this item. She explained that during her
31 tenure over the last two years she has received numerous requests
32 for services of this nature. Many other cities provide this
33 service. This is an added service to all the residents, we had
34 our staff trained and certified to do the passports; there will
35 be no additional staff required; and, it is also an additional
36 revenue source.
37
38 Commissioner Birts- Cooper said that she thinks that this
39 will be a great service for the community so that we no longer
40 will have to stand in line at the post office.
41
42 Commissioner Sherar said that to reach the breakeven point
43 we will need about 160 background checks. He said that it could
44 be a headache to do this.
45
46 Ms. Davis said that nowadays you need a passport even to get
47 on a ship, so she thinks that the timing for this is excellent.
REGULAR CITY COMMISSION 1 1
MINUTES - July 19, 2005
1 She sees this as an extra service to the residents and we are not
2 going to be adding any staff.
3
4 Vice Mayor Palmer inquired about the roll of staff regarding
5 this new service. Ms. Davis explained that during the budget
6 process this year, we will be hearing quite a bit about how we
7 are going to utilize existing modules that we have in our
8 computer system that have never been utilized, which will
9 streamline our operations dramatically, particularly with
10 purchasing and payroll. The only thing we will need to do is
11 train personnel on the modules; they have never been used and
12 were purchased back in 1997 and our staff has never been trained
13 properly to utilize these modules. That is why she feels quite
14 comfortable in telling the Commission that we will have staff
15 because the volume of work that our purchasing people do now,
16 versus what they will have to do after October 1st; they will be
17 able to handle this and probably more. She said that they are
18 still trying to decide which will be the best location for
19 providing the service, but there will be signage directing
20 people. Vice Mayor Palmer said that we will have an additional
21 service that the post office does not provide and that is the
22 fingerprinting service.
23
24 With no further comments or discussion, the motion to
25 approve this item passed by a 4 -0 vote.
26
27 Commissioner Wiscombe: Absent
28 Commissioner Sherar: Yea
29 Vice Mayor Palmer: Yea
30 Commissioner Birts- Cooper: Yea
31 Mayor Russell: Yea
32
33
34 95 -05 -12074
35 17. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
37 MANAGER TO PROCEED WITH ESTABLISHING A LANDSCAPED
38 BUFFER MEDIAN IN COMPLIANCE WITH THE "HOMETOWN PLAN"
39 AREA 2; PROVIDING FOR AN EFFECTIVE DATE. 3/5
40 (Mayor Russell)
41
42 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
43 to approve this item.
44
45 Mayor Russell spoke for clarification about the unification
46 of the street furniture and streetscape in the east and west
47 which we are trying to establish; also a bike path and
48 pedestrian - friendly crossings, and although these are not
49 included in the resolution, they are the items that we are going
REGULAR CITY COMMISSION 1 2
MINUTES - July 19, 2005
1 to be looking at in order to make the connection of this side of
2 the highway with our downtown so that it becomes a reality as it
3 was envisioned in the Charrette years ago.
4
5 With no further comments or discussion, the motion to
6 approve this item passed by a 4 -0 vote.
7
8 Commissioner Wiscombe: Absent
9 Commissioner Sherar: Yea
10 Vice Mayor Palmer: Yea
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell:
13
14 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
15 (NONE)
16
17 ORDINANCE (S) FIRST READING
18
19 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
21 OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF
22 SOUTH MIAMI, FLORIDA, AUTHORIZING AD VALOREM TAX
23 EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC
24 PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING
25 REQUIREMENTS AND PROCEDURES; DESIGNATING THE CITY OF
26 SOUTH MIAMI HISTORIC PRESERVATION BOARD TO REVIEW AND
27 REPORT ON APPLICATIONS; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
29 EFFECTIVE DATE. 3/5
30 (City Manager)
31
32 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
33 to approve this item.
34
35 Mr. O'Donniley presented this item. The State of Florida
36 passed an amendment to the State Constitution which allows local
37 governments to grant historic preservation ad valorem tax
38 exemptions. The property tax exemption is limited to external
39 renovation or restoration carried.out after the adoption date of
40 the ordinance. The exemption lasts for up to ten years. The City
41 Commission makes the final decision on each application.
42
43 Commissioner Sherar asked whether this would apply in the
44 case that a historical building gets damaged, either from a fire
45 or from a hurricane, where it would have to be condemned and the
46 owner then would want to rebuild exactly as it was.
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Attorney Figueredo said that the next ordinance on the
agenda would address this issue.
Commissioner Sherar said that there is no provision for
economic incentive in that other ordinance either.
Attorney Figueredo said that we can come back at second
reading with the language pertaining to the economic incentive.
He then referred to Sec. 18.10 "Scope of Tax Exemption" and the
discussion centered on that paragraph. Commissioner. Sherar
suggested that adding the word "reconstruction" on page two, line
23 of the proposed ordinance, might be a good idea towards
providing further incentive to the owner. No amendment was made
at this time, however.
In response to Vice Mayor Palmer's question, Mr. O'Donniley
said that you would not be required to live in the building in
order to apply for the exemption, and that such exemption would
apply only to the cost of the improvement.
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
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE IN ORDER TO ASSIST PROPERTY OWNERS OF
DESIGNATED HISTORIC BUILDINGS BY CREATING SECTION 20-
4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO
DESIGNATED HISTORIC SITES" WHICH PROVISIONS WOULD
MODIFY THE APPLICABILITY OF CERTAIN DEVELOPMENT
REGULATIONS (NON - CONFORMING SIGNS, OFF STREET PARKING
REQUIREMENTS, CONTINUATION OF NON - CONFORMING USES,
VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES:
PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
and Commissioner Birts- Cooper to approve this item.
REGULAR CITY COMMISSION
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Mr. O'Donniley presented this item. He explained that staff
has worked with the Historic Board in order to come back with a
number of proposals, and he went on to outline the proposed
amendments under Section 20 -4.11 "Special Provisions Applicable
to Designated Historic Sites." Staff recommends approval and also
the Planning Board recommended approval by unanimous vote at its
May 31, 2005 meeting.
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
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN
INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO PROVIDE
CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL
SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT
NO. FLS000003; PROVIDING FOR SEVERABILITY; ORDINANCES
IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts- Cooper to approve this item.
Mr. Balogun presented this item. He explained that this is
consistent with what we have been doing every year; however, it
is being brought before the City Commission to comply with the
provision in the Charter pertaining to multi -year agreements.
According to the agreement, the City will pay $1,350 annually as
our share for the control of discharges.
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
REGULAR CITY COMMISSION 15
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21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY
ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE
ZONING TASK FORCE, PARKING COMMITTEE, AND THE PLANNING
BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING
SPACES AND TO PREPARE NECESSARY AMENDMENTS; PROVIDING
THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL
NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Vice Mayor Palmer, seconded by Commissioners
Sherar and Birts- Cooper to approve this item.
Mayor Russell explained that this is an extension of the
existing moratorium, adding that this is just a housekeeping
item. She also mentioned that Mr. Beckman had brought up a couple
of interesting points, asking them to include some of the other
districts; she said that she would like to talk about it further
between now and second reading, but had no amendments at this
time.
Commissioner Sherar referred to page two, line 38 of the
ordinance where he might be proposing an amendment by including
the TODD parking regulation (Sec. 20- 8.10). Mr. O'Donniley then
reminded the Commissioner that a lot of the issues relative to
TODD have been addressed in the draft of the Land Development
Code (LDC), and should be coming before the Commission shortly.
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
22. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS;
BY ADDING SECTIONS 7 -13, SITE DEBRIS AND 7 -14,
HURRICANE PROTECTION; PROVIDING FOR A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
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Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Ms. Davis explained that this amendment is being done in
anticipation of the hurricane season, and as the result of last
year's experience with regard to all the sites under construction
at the time. This provision will enable the City to clean up any
loose debris or any potential projectiles prior to a storm.
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
ORDINANCE (S) FIRST READING PUBLIC
HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
COMMISSION REMARKS
Commissioners were afforded time to address the audience
before closing the meeting.
There being no further business to come before this Body,
the meeting adjourned at 10:24 p.m.
Attest
Maria M. Menendez
City Clerk
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Approved
Mary Scott Russell
Mayor