09-06-05 Item 1ax
1 City of South Miami
2 Regular City Commission Minutes
3 August 2, 2005
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, August 2, 2005, beginning at 7:15
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 Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
Sherar.
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.
D. Presentation(s)
Proclamation for Historic Preservation Board
Chairperson, Susan Redding.
The Mayor, together with all the members of the Commission,
presented a proclamation to longtime community leader Susan
Redding. Ms. Redding has been a true and dedicated leader of this
community with regard to historic preservation issues. Ms.
Redding accepted the proclamation and delivered words of
appreciation.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of July 19, 2005
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to approve the minutes passed by a 5 -0
vote:
REGULAR CITY COMMISSION
MINUTES - August 2, 2005
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Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
2. City Manager's Report:
Ms. Davis announced that the applicant for item no. 7 on the
Agenda had requested that the item be deferred. Ms. Davis also
requested that item no. 14 on the Agenda be deferred until it may
come back with the proper back up.
Commissioner Sherar referred to the trolley service. Ms.
Davis said that she already had three meetings on this issue and
what she plans to do is revamp the schedule, proposing it to be
for five -days a week, from 6:30 a.m. to 6:30 p.m. We will be
bringing an agenda item to the Commission for authorization to
expend the dollars, probably at the next Commission meeting.
3. City Attorney's Report
Ms. Boutsis updated the Commission on Hampton vs. the City
of South Miami. The final complaint by Mr. Hampton was dismissed
a day ago with a 38 -page opinion by Judge Gold. Mr. Hampton has
thirty days to appeal, but it looks that the matter is now
resolved. Ms. Boutsis then requested to schedule an attorney -
client session for the litigation of Anduiza vs. the City of
South Miami, which is a state court Whistle Blower claim under
case no. 036050; she said that she would like to discuss
settlement and and /or strategy in this litigation. The trial is
currently scheduled for September. The attorney - client session
was scheduled for 7:30 p.m. on Monday, August 8, 2005.
PUBLIC REMARKS
(5- minute limit)
David Tucker Sr. addressed the Commission with regard to the
presumption of truth concept.
Walter Harris urged the Commission, for the third meeting in
a raw, to make sure that they have the correct information when
they vote on any issue.
Maria Gomez addressed the Commission requesting that item
no. 7 on the agenda be deferred. Ms. Gomez is the applicant for
said item.
REGULAR. CITY COMMISSION
MINUTES - August 2, 2005
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2 Yvonne Beckman referred to the item on the agenda relating
3 to the City's 05/06 FY budget, advising the County Property
4 Appraiser of the City's proposed millage rate, and roll -back
5 rate, and announcing the dates of public hearing. Ms. Beckman
6 referred to this item saying that in spite of last year's
7 promises to try to reduce the taxes that is not what is shown on
8 the agenda. She then referred to the survey sent out with the
9 newsletter; she said that there are some issues missing in the
10 questionnaire and that it is quite confusing. She then referred
11 to the EAR process.
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13 When Ms. Beckman finished, Mayor Russell asked Ms. Davis to
14 explain that what we are doing tonight is not setting the final
15 budget, but by law we are required tonight to set a roll -back
16 rate and a maximum millage. Mr. Oshikoya explained the procedure;
17 the millage is set at a maximum. rate which can be lowered later
18 during the budget hearings.
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20 Jay Beckman began addressing the Commission about the
21 County's improvement project for the intersection of SW 67th
22 Avenue and SW 64th Street. He said that there should have been a
23 workshop to allow the residents to provide their input on this
24 project.
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26 Back on her seat, Ms. Beckman kept on talking and therefore
27 causing disruption to the meeting in session.
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29 At this time, since Ms. Beckman went on without following
30 the Mayor's instructions to be quiet, the Mayor asked Ms. Beckman
31 to leave the room. As she kept on refusing to follow the Mayor's
32 order, the police intervened asking Ms. Beckman to please leave
33 the room as the Mayor had ordered; Ms. Beckman was then escorted
34 out of the Chambers by police since she would not follow their
35 order either.
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37 While the above - referred incident was taking place, the
38 Mayor called for a recess.
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40 Jay Beckman was allowed to continue addressing the
41 Commission after the recess. He continued to speak about the
42 proposed improvements to the above - referenced intersection.
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44 Ms. Davis, with regard to the intersection said that she was
45 at the meeting yesterday with Dade County Public Works,
46 Commissioner Sherar and Mr. Beckman, and that she would refute
47 each and every point that Mr. Beckman made. What she recommended
48 is that the community comes to the meeting tomorrow. We
49 requested, including Mr. Beckman, that said intersection be
50 improved because it was a safety hazard. This Commission
REGULAR CITY COMMISSION 3
MINUTES - August 2, 2005
1 requested it and Mr. Beckman did a five -eight minute presentation
2 on why we should improve this intersection. I do respect Mr.
3 Beckman highly, she added, he is very knowledgeable, he is an
4 engineer but he is not a traffic engineer, and I think that
5 everybody should come tomorrow for the presentation by the
6 traffic engineers because they have compromised their design
7 tremendously to accommodate our request by keeping it at a
8 minimum as far as that intersection goes. And we are not
9 expanding any further than what people are already driving on
10 now. There are two schools right in that area; after the
11 improvements, it will be much safer for those kids that have to
12 travel through that intersection everyday. She said that it was
13 this Commission and also Mr. Beckman that requested that these
14 improvements be made. We are not calling a road widening because
15 it is not; it is not going to get any wider than what people are
16 driving on now; and to make it very clear, she said, road
17 widening is not happening to SW 67th Avenue.
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19 Eda Harris addressed the Commission saying that she was at
20 home watching the meeting on cable and that she felt that she
21 needed to come here to express her discontent about the incident
22 involving Ms. Beckman.
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24 Mayor Russell explained for clarification that it is
25 customary for staff to turn off the transmission of the meeting
26 when we stop for a recess.
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28 Dick Ward addressed the Commission about his personal
29 reaction and opinion with regard to the incident involving Ms.
30 Beckman.
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32 Philip Stodder spoke concurring with the previous speaker's
33 opinion.
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35 Bob Welsh referred to the RV issue. He said that this past
36 Sunday he drove around the entire City and took a picture of
37 every large and small RV, every travel trailer and every covered
38 utility trailer over 5 -feet long. In the whole City, he said, we
39 got: 4 large RV's, 4 small RV's; 6 travel trailers; and, it
40 covered trailers over 5 -feet long. He concluded on this issue by
41 saying that in his opinion there is no need for an RV ordinance.
42 He then spoke about the trash piles he saw while driving around
43 the City.
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45 At this point the Commission discussed whether to adjourn
46 the meeting or to continue, due to the temporary interruption on
47 account of the incident involving Ms. Beckman. The Commission
48 unanimously agreed to continue with the meeting.
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REGULAR CITY COMMISSION 4
MINUTES - August 2, 2005
1 Edna Davis, residing at 5958 SW 58th Terrace, referred to
2 the RV ordinance.
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4 Ernie Lara, residing at 7854 SW 67th Court, said that he had
5 gotten a fine for two motor homes he has on his property, one of
6 which had an advertisement on it which he removed as soon as he
7 learned that it was not allowed. He said that it is not fair that
8 he got the fine while he was away and besides, he was not warned
9 about his violation for the advertisement.
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it Carl Boucatti said he lives across the street from Mr. Lara,
12 at 7853 SW 67th Court. He said that this ordinance (RV) did not
13 start because of Ernie, but because of the judgment that was made
14 against another neighbor.
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16 Christopher Hudak said that he has just bought a house in
17 South Miami. He said that people should be able to keep their
18 camper in their property.
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20 With no further speakers, the public remarks section was
21 closed.
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23 CONSENT
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25 4. A RESOLUTION OF THE MAYOR' AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
27 MANAGER TO DISBURSE THE SUM NOT TO EXCEED $17,200.00
28 FROM OPERATING ACCOUNT # 001 -1910- 521 -6430 TO
29 ADVANCED PUBLIC SAFETY (APS), FOR THE PURCHASE AND
30 INSTALLATION OF ONE (1) SKYVIEW MAPPING ENGINE,
31 MOBILE TRACKING HARDWARE AND SOFTWARE FOR THE POLICE
32 DEPARTMENT; AND PROVIDE FOR AN EFFECTIVE DATE. 3/5
33 (City Manager)
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35 105 -05 -12084
36 5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
37 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
38 DISBURSE $10,690.00 TO CARLSON FENCE COMPANY, INC.
39 FOR THE INSTALLATION OF A WOOD RAIL FENCE AT BREWER
40 PARK; TO BE CHARGED TO THE LAND AND WATER
41 CONSERVATION FUND (LWCF) GRANT ACCOUNT NUMBER
42 001.0000.131.1461; PROVIDING AN EFFECTIVE DATE. 3/5
43 (City Manager)
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45 Moved by Vice Mayor Palmer, seconded by Commissioner
46 Wiscombe, the motion to approve the Consent Agenda passed by a 5-
47 0 vote:
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REGULAR CITY COMMISSION 5
MINUTES - August 2, 2005
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Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea.
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
26 -05 -1848
6. 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 w /amendments on 21d reading 6107105; deferred 7119105)
(Commissioners Sherar and Wiscombe)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Commissioner Sherar said that the comments on this issue are
fifty- fifty; that he understands that the City may look trashy,
but on the other hand some people believe that they need to have
it so that they can clean up their yards on weekends.
Commissioner Wiscombe said that
citizens to know that what makes the
"trash." This does not mean that peop:
that they want. This only refers to t
and branches. Weekends are sometimes 1
can work on their yard. He also said
Enforcement to make sure that people do
it is important for the
difference is the word
e can put out everything
ie yard clippings, leaves
he only time that people
.hat we need to have Code
not violate the rules.
Vice Mayor Palmer said that she believes that this ordinance
is going to create a lot of problems because not everybody is
used to doing the right thing. She said that this may encourage
people to throw their trash on somebody else's property.
Commissioner Birts- Cooper said that because we live in a
part of the country where.we have a lot of trees, people need to
be able to work on their yard on weekends.
REGULAR CITY COMMISSION
MINUTES - August 2, 2005
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1 Mayor Russell said that she will not be able to support it
2 because six years ago we had the problem that she believes we
3 will have if this should pass, and we were able to rectify that
4 by setting a more stringent ordinance and requiring people to
5 hold back until their designated pick -up day, rather than a week -
6 long street full of piles. Therefore, she said that she would not
7 be able to support it, only because she worked too hard to get it
8 where it is.
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10 Vice Mayor Palmer said that she believes that we have an
it excellent service, better than a lot of cities.
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13 The Mayor opened the public hearing.
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15 Bob Welsh showed a colored map showing the results of his
16 own polling of the neighborhood. He explained that the "blue"
17 houses were the ones that said "yes" to the "seven -days a week;"
18 the red houses said "no." Therefore, he said, that if they voted
19 to liberalize the trash ordinance it would not cost them any
20 votes.
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22 David Tucker Sr. addressed the Commission with suggestions
23 on how to handle the trash disposal. He said that sometimes it
24 could be used as an organic fertilizer; also, if people do not
25 feel like going through that trouble, they can put it in bags so
26 that it will be neatly ready for its pick up.
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28 With no further speakers, the public hearing was closed.
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30 With no further discussion or comments, the motion to
31 approve this item passed by a 3 -2 vote:
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33 Commissioner Wiscombe: Yea
34 Commissioner Sherar: Yea
35 Vice Mayor Palmer: Nay
36 Commissioner Birts- Cooper: Yea
37 Mayor Russell: Nay
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39 RESOLUTION (S) /PUBLIC HEARING (S)
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41 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
42 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
43 TO SECTION 20 -3.4 OF THE LAND DEVELOPMENT CODE FOR A
44 SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT
45 IN THE "TODD(LI -4)" TRANSIT ORIENTED DEVELOPMENT
46 DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE DISTRICT
47 SPECIFICALLY LOCATED AT 5810 COMMERCE LANE; PROVIDING
48 AN EFFECTIVE DATE. 4/5
REGULAR CITY COMMISSION 7
MINUTES - August 2, 2005
I (City Manager)
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3 Moved by Commissioner Sherar, seconded by Commissioner
4 Wiscombe to approve this item.
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6 With no comments or discussion, and as the applicant's
7 request, this item was moved by Commissioner Sherar, seconded by
8 Vice Mayor Palmer to defer indefinitely and the motion passed by
9 a 5 -0 vote:
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11 Commissioner Wiscombe: Yea
12 Commissioner Sherar: Yea
13 Vice Mayor Palmer: Yea
14 Commissioner Birts- Cooper: Yea
15 Mayor Russell: Yea
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18 RESOLUTION (S)
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20 107 -05 -12086
21 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S
23 2005/2006 FISCAL YEAR BUDGET; ADVISING THE MIAMI -DADE
24 COUNTY PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE
25 OF 7.213 MILLS; ITS ROLL -BACK RATE OF 6.169 MILLS AND
26 ANNOUNCING THE DATES OF PUBLIC HEARING TO CONSIDER THE
27 PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; PROVIDING
28 AN EFFECTIVE DATE. 3/5
29 (City Manager)
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31 Moved by Commissioner Wiscombe, seconded by Commissioner
32 Birts- Cooper to approve this item.
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34 Commissioner Wiscombe said that he would be supporting this
35 only for the fact that this is going to cap it at where it could
36 go, but that for the past couple of years they have promised to
37 reduce the millage rate. He clarified that this is not setting
38 the millage with regard to what the final rate is going to be.
39 This is just to say that the rate will not go beyond that.
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41 Commissioner Sherar said, "We could go down below the roll -
42 back rate if we wanted to, right ?"
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44 Ms. Davis said that they could do anything that they wish,
45 and that she will advise them, and give them her best,
46 professional advice; but yes, this Commission has the authority
47 to do whatever it wishes, she added.
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REGULAR CITY COMMISSION
MINUTES - AuguSt 2, 2005
Commissioner Sherar said that it is nothing in here to stop
them from going below the roll -back rate of 6.169 mills. He then
referred to the cost that the CRA represents to the City,
$750,000. He said that this represents about one mill; Mr.
Oshikoya clarified that it is not one mill but rather, three
quarters of a mill. Commissioner Sherar said that the City has to
provide one hundred percent of the services to the CRA, but it
gets only half of its revenue in return. Another thing he said
about the roll -back rate is that there is 1.1 mill difference
between the roll -back rate and keeping it where it is, and that
is a lot of money. He said that if he did not have the CRA, he
could do every single one -time expenditure that Ms. Davis wants
to do, and that he could do it at 6.1 mill. He then asked Hakeem
for verification.
Ms. Davis said that his numbers are not accurate.
Vice Mayor Palmer said that she realizes that this is just
the beginning, and that the workshops will be the place for them
to hammer out things. She said that she hopes that they can bring
down the rate during the workshops.
Mr. Oshikoya then said that the budget hearings have been
scheduled for September 13 and 27, and that it has been confirmed
that we are not in conflict with the County, as required by law.
With no further discussion or comments, the motion to
approve this item passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
37 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
38 (NONE)
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40 ORDINANCE (S) FIRST READING
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42 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
43 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
44 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
45 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE AMSTER
46 PROPERTIES (AKA DORN BROTHERS' BUILDINGS), LOCATED AT
47 5900 -5904 SUNSET DRIVE AS AN HISTORIC SITE AND BY
REGULAR CITY COMMISSION 9
MINUTES - August 2, 2005
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PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE
(HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THE
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
to approve this item.
Mr. O'Donniley presented this item. This property will be
designated as the Amster Historic District (AKA. Dorn Brothers'
Buildings). The Historic Preservation Board, at its meeting of
February 28, 2005, recommended adoption of this ordinance; also,
the Planning Board, at its March 29, 2005 meeting recommended
approval. Staff also recommends approval. About Mr. Amster's
desire to consider changing the name of the street, he said that
staff's view is that this is a separate matter.
The Commission continued to exchange comments with staff
regarding signage. Commissioner Birts- Cooper said that a bronze
plaque would be very appropriate.
Commissioner Sherar said that he supports the designation,
and that these buildings have more historical significance than
Allen's Drugstore. He then said that he has a problem with the
request for renaming the street. He said that most street names
have some history behind them and they are responsible for
preserving that part of history. He named Milan Dairy and Ives
Dairy among others, to illustrate that they are there as a
reminder that a dairy existed sometime in the past in that
vicinity. He then said that the name of Dorn is tied to the
history of the area that we are trying to preserve; whereas,
there is no connection with the Amster name to the area.
With no further discussion or comments, the motion to
approve this item passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
SECTION 20- 3.6(S) OF THE CITY'S LAND DEVELOPMENT CODE
RELATING TO STORAGE OF RECREATIONAL VEHICLES IN ORDER
TO FURTHER REGULATE ACCESSORY STORAGE OF SAME;
REGULAR. CITY COMMISSION
MINUTES - August 2, 2005
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PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. (Deferred 7- 26 -05) 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Birts - Cooper to approve this item.
Mr. O'Donniley presented this item. He brought up to the
attention of the Commission that there is an additional ordinance
that needs to be done relative to the definition of commercial
vehicles; therefore, we will need to come back on that, he added.
He then referred to page 1, line 45 of the ordinance, where a
concern of the Commission about having very clear that the boats
were excluded has been addressed.
Commissioner Wiscombe said that the reason for which this
ordinance was crafted is because people were abusing the
situation, and the only reason for which the gentleman that spoke
earlier was fined is because he put a commercial sign on the
vehicle and was using it for commercial purposes. The purpose of
this ordinance is just so that Code Enforcement can enforce these
rules.
Vice Mayor Palmer said that this in itself is a protection
to the citizens, because when anyone forgets about his /her
neighbor the City will be able to step in and enforce the rules
for the benefit of everyone.
Commissioner Sherar then proposed an amendment to page 2,
line 7 of the ordinance: to delete the period and insert except
as provided below. Seconded by Commissioners Wiscombe and Birts-
Cooper, the motion to approve this amendment passed by a 5 -0
vote
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
With no further discussion or comments, the motion to
approve this item as amended passed by a 5 -0 vote.
REGULAR CITY COMMISSION
MINUTES - August 2, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
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11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6
(H) (2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI TO MODIFY THE REQUIRED MINIMUM 60% OPEN
AREA ON THE TOP TWO ( 2 ) FEET OF FENCES ADJACENT TO A
RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Commissioner Sherar)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Staff presented the Commission with two options, an
ordinance heard on first reading at its meeting of December 4,
2004, and a second ordinance which has been drafted in order to
incorporate the recommendations from the Planning Board.
After some discussion, the Commission proceeded to make the
following amendments.
Moved by Commissioner Sherar, to amend the City Commission
ordinance, on page 2, line 10 (2)(b) as follows: In required side
yards net adjaeent to a —right of we fences, walls, and trellises
excluding arbors shall not exceed six (6) feet in height above
grade. The second amendment, also on page 2, line 31 to strike
€e teen —.(14) inches and substitute with sixteen (16) inches.
Seconded by Commissioner Birts- Cooper, the motion to approve the
amendments passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Commissioner Wiscombe then referred to the word "wooden"
lattice on page 2, line 33 saying that they make different types
of lattices now such as the ones made out of plastic.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to amend the City Commission ordinance by
striking the word weeder on page 2, line 33 passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - August 2, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
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With no further discussion or comments, the motion to
approve this item as amended passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts - Cooper: Yea
Mayor Russell: Yea
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING GUIDELINES
FOR NAMING CITY PROPERTY AND ROADWAYS WITHIN THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Sherar)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Commissioner Sherar, as sponsor of this ordinance, explained
that in his opinion we are all vulnerable and bound to make
mistakes and that it is not a good idea to name streets while
people are still alive. He added that there might be something
under Federal Statutes with regard to the fifty years.
Commissioner Wiscombe suggested that using the word
posthumously after a person is dead might be appropriate. Fifty
years seems too long and nobody may be able to remember the
person being honored.
Commissioner Birts - Cooper said that in her opinion we do not
need any type of regulation on naming streets. The Commission or
the City is going to be responsible in undertaking this task
anyhow.
Moved by Commissioner Wiscombe, the following amendment was
made to the ordinance: on page 1, line 22, by striking °tee
period e €ty years afters person's ash, and inserting the
word posthumously. Seconded by Vice Mayor Palmer, the motion to
amend passed by a 4 -1 vote:
REGULAR CITY COMMISSION
MINUTES - August 2, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
13
Moved by Commissioner Wiscombe, the following amendment was
made to the ordinance: on page 1, Section 1, line 30, by striking
has been deoeased fer t at fifty year_, and inserting the
word posthumously. Seconded by Commissioner Birts- Cooper, the
motion to amend passed by a 4 -1 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Moved by Vice Mayor Palmer, the following amendment was made
to the ordinance: on page 1, Section 3, line 38, by striking the
word and inserting the word four - fifth. Seconded by
Commissioner Sherar, the motion to amend passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
With no further discussion or comments, the motion to
approve this item as amended passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE
AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF
ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING
LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Palmer, seconded by Commissioner
Wiscombe to approve this item.
Ms. Davis explained that this is an ordinance reflecting an
adjustment in the schedule of occupational license fees.
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MINUTES - August 2, 2005
1 Statutorily, we are able to increase the fees every other year up
2 to a maximum of five percent, but we are recommending only a
3 three percent increase this year.
4
5 Mayor Russell asked whether this would affect all the people
6 in the beauty salon business that we have been dealing with over
7 the years. Ms. Davis said that this will not affect those.
8
9 Commissioner Sherar said that he would not support this
10 because these are business fees and the business owners are
11 already impacted by the property taxes this year.
12
13 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer,
14 the motion to extend the meeting for ten minutes beyond 11:00
15 p.m. passed by unanimous vote.
16
17 With no further discussion or comments, the motion to
18 approve this item passed by a 4 -1 vote.
19
20 Commissioner Wiscombe: Yea
21 Commissioner Sherar: Nay
22 Vice Mayor Palmer: Yea
23 Commissioner Birts- Cooper: Yea
24 Mayor Russell:. Yea
25
26
27 14. AN ORDINANCE OF MAYOR AND CITY COMMISSION OF THE CITY
28 OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 9
29 "ELECTIONS" BY CREATING AND ENACTING CODE OF ORDINANCE
30 SECTION 9 -14, "EARLY VOTING "; EXEMPTING ALL CITY
31 ELECTIONS FROM THE PROVISIONS OF PARAGRAPH (1) (b) OF
32 FLORIDA STATUTES SECTION 101.657 CONCERNING EARLY
33 VOTING; AUTHORIZING A SHORTENED DURATION FOR EARLY
34 VOTING FOR CITY ELECTIONS; AUTHORIZING THE CITY CLERK
35 TO IMPLEMENT EARLY VOTING; PROVIDING FOR SEVERABILITY,
36 PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING FOR
37 AN EFFECTIVE DATE. 3/5
38 (Mayor Russell)
39
40 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
41 to approve this item.
42
43 Commissioner Sherar said that he would support it and that
44 this is a good idea.
45
46 Mayor Russell apologized to everyone saying that she did not
47 get a copy before this item came before the Commission and that
48 it was put on the agenda without her approval and knowledge.
49
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MINUTES - August 2, 2005
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Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
the motion to defer this item passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
COMMISSION REMARKS
Commissioner Birts- Cooper asked what they should do in order
to prevent an incident such as the one that occurred tonight from
happening again.
Ms. Boutsis said that there was nothing inappropriate done
in the process that happened. She said that what it comes down to
is that if you do not want the action to be taken, you have to go
with the vote of the entire Commission to override the decision.
As the Chair, the Mayor has to make the initial decision.
There being no further business to come before this Body,
the meeting adjourned at 11:14 p.m.
Attest Approved
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - August 2, 2005
16
Mary Scott Russell
Mayor