09-06-05 Item 1b1 City of South Miami
2 Regular City Commission Minutes
3 August 16, 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, August 16, 2005, beginning at 6:38
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 Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Attorney Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
19
20 B. Invocation: The invocation was delivered by Vice Mayor Palmer.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 (The Invocation and the Pledge of Allegiance took place after the
26 recess following the ERPB Appeal)
27
28 D. ERPB APPEAL 6:30 p.m.
29
30 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
32 FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
33 PRESERVATION BOARD REGARDING THE APPROVAL OF A NEW
34 MIXED USE BUILDING TO BE LOCATED AT 7211 SW 62 AVENUE;
35 PROVIDING AN EFFECTIVE DATE. 3/5
36 (City Manager)
37
38 The appellant, Mr. Jay Beckman, was allowed twenty minutes
39 to make his presentation. Mt. Beckman chose to use fifteen
40 minutes, reserving the remaining five minutes for rebuttal. He
41 provided with enough written information explaining his
42 arguments.
43
44 At the conclusion of Mr. Beckman's presentation, Mr.
45 O'Donniley presented staff's description of the review process
46 and recommendation. Mr. Beckman was then afforded five minutes
47 for his rebuttal.
REGULAR CITY COMMISSION 1
MINUTES - August 16, 2005
1
The Commission discussed
the matter with staff. Then,
Mr.
2
Charles Pawley, the architect
of the above - referenced building,
3
and representing Jeffrey Weiss who is the owner and
the
4
developer, announced that they
are pulling their application.
Mr.
5
Pawley said that even though
they feel that they have
done
6
everything that is required, the owner has asked that the item
be
7
taken off the agenda because
the he would like to have
the
8
architect redesign the building.
9
10
Mr. Figueredo said that
if the applicant is pulling
the
11
application, then there is no
appeal. Therefore, no action
was
12
taken by the City Commission.
13
14
Mr. Pawley explained that
he had just been advised by
the
15
owner this afternoon about
his decision to withdraw
his
16
application.
17
18
Mayor Russell announced a
five - minute recess at this time.
19
20
21 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
22
23
24 1. Approval of Minutes:
25 a) Minutes of July 26, 2005
26
27 Moved by Commissioner Wiscombe, seconded by
28 Commissioner Sherar, the motion to approve the minutes
29 passed by a 5 -0 vote:
30
31 Commissioner Wiscombe: Yea
32 Commissioner Sherar: Yea
33 Vice Mayor Palmer: Yea
34 Commissioner Birts- Cooper: Yea
35 Mayor Russell: Yea
36
37
38 2. City Manager's Report:
39 a) Trolley Service Presentation
40
41 Ms. Davis explained that the City's contract with the
42 trolley service expired and that we chose to expand the route and
43 the days. Mr. Ajibola then conducted a PowerPoint presentation.
44 It was a trial period and the six -month contract has expired.
45 Three different route alternatives were presented for the
46 Commission's consideration. Mr. Ajibola said that the proposed
47 routes are the result of the public's input through many calls
48 requesting information about the trolley's schedule.
49
REGULAR CITY COMMISSION 2
MINUTES - August 16, 2005
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To answer Vice Mayor Palmer's question, Mr. Balogun said
that the trolley's service contracts are only for a six -month
period so that they can be re- evaluated and that in the event
that they decide to terminate it, then, the money can be used for
another program.
Commissioner Sherar said that due to today's traffic, the
projected 10- minute route seems unrealistic to him.
Ms. Davis said that the feeling that staff is trying to get
from the Commission is whether they want to continue with the
trolley service. Staff can adjust the routes any way they want.
She said that she has received a number of calls regarding the
availability of the trolley, and that she believes that it has
been under utilized because we are only using it two days a week,
Friday and Saturday.
Commissioner Sherar said that $195,000 is a lot of dollars
and it represents two - thirds of our transportation tax. He then
suggested to keep the old route, include the Hospital and the
office buildings, make a connection between the two sides of the
highway, and if it proves to be successful, we can start charging
people maybe a quarter to defray the cost, and start expanding
it.
Mayor Russell said that she would like to go back and look
at the five -year revolving plan for transportation dollars and
compare it to this, and see what would have to suffer if we
continue the plan. She said that she believes that if it is not
running five days a week, people will never get used to it.
Commissioner Wiscombe, about the trolley going up to Brewer
Park, he said he does not know if it is going to service the
people up there; so that is something that he would like to look
at. He said that he would like to see a way to reach the most
people who will be able to utilize it.
Mayor Russell said that she thinks that we should notice a
workshop and have the whole Commission take both routes and take
a look at it, get a feel for it. She said that it would be a good
idea if they could all find the time to take those routes and
time it. She urged the Commission to look at some dates that
would work for all of the Commission, such as on a Saturday night
so that the rest of the public can come with them; then they can
look at the rest of the plan and go from there, she added.
On a different issue, Commissioner Sherar referred to the
City's newsletter, specifically about the message from the Mayor
on eminent domain. He said that this is a political issue and
REGULAR CITY COMMISSION
MINUTES - 'August 16, 2005
C
1 that he does not think that the South Miami newsletter should be
2 used for political issues.
3
4 Commissioner Wiscombe said that before the newsletter goes
5 out the City Manager should contact the Commission to let them
6 know when the deadline is so that they can review it. He said
7 that when the newsletter first started he told Mr. Blazek that he
8 would like to see what would be in it, and that he gave him a
9 number of ideas but that he has not been contacted or approached.
10
11 Vice Mayor Palmer said that had she been invited to write
12 she would write, she likes to write, but that she was never
13 invited to participate in that newsletter.
14
15 3. City Attorney's Report
16 (NONE)
17
18 PUBLIC REMARKS
19 (5- minute limit)
20
21 David Tucker Sr. addressed the Commission regarding the
22 importance of rules and for society to abide by them. When there
23 is a violation of rules some methods of control must be applied.
24 He was referring to violations of certain speakers who ignore
25 decorum in the Commission Chambers. He then referred to the
26 Robert's Rules of Order.
27
28 Robert Thorner spoke in defense of Yvonne Beckman, saying
29 that he has known her for over twenty years and that she is a
30 fine, outstanding lady and very dedicated to the City.
31
32 Walter Harris said that we all need to work harder at
33 bringing the City together.
34
35 Janet Launcelott urged the Commission to raise the level of
36 their discussion, and to try to avoid an incident such as that of
37 the one at the last meeting.
38
39 Frances Meltzer also referred to the incident involving Ms.
40 Beckman, expressing concern. She then said that every time that
41 the Commission talks about taxes she stops and listens carefully.
42
43 Charlotte Dison said that we should put behind the incident
44 about Ms. Beckman since this is a City that needs our attention
45 and energy and that we need to move forward with the business of
46 the City. She then said that she is a business owner in the CRA
47 area and expressed concern with regard to the issue of eminent
48 domain, and that other business owners in that area share her
49 concerns.
REGULAR CITY COMMISSION 4
MINUTES - August 16, 2005
1 Bob Welsh said that during the first reading of the RV
2 ordinance, Mr. O'Donniley mentioned something about a commercial
3 vehicle ordinance which is in the pipeline. He said that perhaps
4 Mr. O'Donniley means that the existing commercial vehicle
5 ordinance is going to be restricted. He then referred to the
6 incident involving Yvonne at the last meeting saying that he
7 feels that the Mayor has the right to remove who she.perceives as
8 out of order; asking Yvonne twice to leave did not seem enough
9 for her to leave, he added.
10
11 Mark Stoner, Commerce Lane business owner for the past
12 twenty -one years said that he shares Ms. Dison's sentiment on
13 eminent domain and that many other business owners there feel the
14 same way. He said that the main reason for his concern is that
15 they do not have a good list of specific uses for that property
16 as it exists today. He said that even though Commerce Lane is
17 best known for as an auto repair area, auto repair is not a
18 permitted use on Commerce Lane, it is rather a special use. He
19 said that there are three new shops that did not undergo the
20 special use process in the last three years. Also, one of those
21 businesses has been sold twice and the code specifically says
22 that you cannot transfer ownership of a special use. He urged the
23 Commission to clearly specify uses for those properties. He said
24 that he has a neighbor who has a junk yard going on the property
25 and Code Enforcement does nothing about it.
26
27 Michael Davidson - Schmich spoke about the trolley service
28 urging the Commission to take into consideration that children
29 need to walk to prevent obesity. He said that instead of
30 encouraging transportation they should instead invest in bikes
31 for the children.
32
33 Eric Johnson also spoke regarding the trolley service. He
34 said that from the presentation tonight he estimates that the
35 cost per rider would be between $6. to $22. which is a lot of
36 money. He then referred to the incident involving Ms. Beckman,
37 saying that she might represent a large group of citizens that do
38 not attend the meetings for one reason or another.
39
40 Chris Cook - Yarborough addressed the Commission expressing
41 full support and respect for the Mayor's action with regard to
42 Ms. Beckman's incident. He said that he has followed Mayor
43 Russell's career through all the years she has been involved with
44 the different boards and the commission. He told the Mayor that
45 he has always found her very professional, with the best interest
46 in this City in her heart.
47
48 Mr. Paddor said that Yvonne Beckman is her dear and beloved
49 neighbor, and that the situation at the last meeting could have
50 been diffused.
REGULAR CITY COMMISSION 5
MINUTES - August 16, 2005
1 Dan McCrea thanked the Mayor for keeping order in the
2 Chambers. It is very important to remember that the City Attorney
3 has reviewed for this Commission on multiple occasions that this
4 is a limited public forum; this is a business meeting of a public
5 corporation and a public entity.
6
7 Eda Harris addressed the Commission by reading from a
8 written statement regarding Ms. Beckman's incident.
9
10 Eleanor Harris spoke about taxes.
11
12 Eleanor Paddor also spoke about Ms. Beckman. She said that
13 she has lived next to her for about twenty years and that she
14 finds'Yvonne to be a fine lady.
15
16 Jerry Goodman also referred to Ms Beckman's incident and
17 said that he hopes that the incident is not repeated.
18
19 Doris Hall addressed the Commission about Ms. Beckman's good
20 qualities as a person. She also spoke as a fair housing advocate.
21
22 Yvonne Beckman thanked the Commission for allowing her to
23 come back. She said that the community is her passion and that
24 perhaps a few years from now when she retires she might run for
25 office and maybe she will be able to get a view from the dais and
26 develop some better understanding of what is like to be an
27 elected official. She then proceeded to read various emails that
28 she received from family and friends relating to the incident at
29 the previous meeting.
30
31 With no further speakers, the public remarks section was
32 closed.
33
34 Moved by Commissioner Wiscombe, seconded by Commissioner
35 Sherar, the motion to move the Commission Remarks to the front of
36 the agenda passed by a 5 -0 vote:
37
38 Commissioner Wiscombe: Yea
39 Commissioner Sherar: Yea
40 Vice Mayor Palmer: Yea
41 Commissioner Birts - Cooper: Yea
42 Mayor Russell: Yea
43
44
45 COMMISSION REMARKS
46
47 Commissioner Wiscombe said that he was deeply concerned and
48 saddened about what happened to Ms. Beckman. He then said that he
49 wanted to address some things that are happening on the dais. He
REGULAR CITY COMMISSION 6
MINUTES - August 16, 2005
1 said that he applauds Yvonne for standing up for what she
2 believes in and for which she has the right. What he has the
3 problem with, he said, is with the laughing from the dais and the
4 defensiveness from certain staff people, and he is not happy with
5 the way things are going, such as when staff goes off during the
6 meeting and staff needs to be here. That is a lack of respect and
7 if we are expecting respect from this audience, then we need to
8 respect everybody up here. He said that leadership means
9 recognizing the individual personalities.
10
11 Commissioner Sherar said that democracy is noisy. He said
12 that one thing that we have to remember is keeping things in
13 perspective. There comes a time when the police tell you to do
14 something; then, the issue no longer is whether you were right or
15 wrong, the issue is whether you are disobeying a police officer,
16 at which point the item goes to a different forum. The fact that
17 Yvonne is here today proves the strength of our democracy in our
18 system. He then said that even though there are things that staff
19 does that he does not like, does not agree and has confrontations
20 with, so far, everybody out there within staff have been
21 professional and he thinks that we are doing a lot better now
22 than we have done in the past.
23
24 Vice Mayor Palmer said that it was a very unfortunate
25 situation what happened at the last meeting, and what happened
26 during the course of the incident; however, there was nothing
27 that anyone here (at the dais) could have done. Mr. Beckman was
28 making his presentation, the cops were behind Yvonne, and by the
29 time we had a recess, what could we have done? She said that it
30 was very unfortunate because there are no winners here, we are
31 all losers. She said that she hopes that we do not have anything
32 like that again.
33
34 Commissioner Birts- Cooper said that this incident has hurt a
35 lot of them and that they do feel for Yvonne but that this is a
36 learning experience. She said that it was very unpleasant; she
37 then apologized to Yvonne from the dais. She said that we must
38 try to come together and try to heal. She said that instead of
39 emailing, she would appreciate it if people would call her
40 because she is reachable. She says that she truly cares, that she
41 might not say a lot but she does understand. She said that we
42 must heal and move on in order to do City business.
43
44 Mayor Russell thanked everyone, whether we agree or not, for
45 coming out and sharing their thoughts with us about the incident
46 that took place a couple of weeks ago. She said that this is not
47 the first time that someone has been asked to leave these
48 Chambers; however, she has the responsibility to keep order and
49 everyone has the right to speak uninterrupted. She said that
50 South Miami has a very liberal public comments policy.
REGULAR CITY COMMISSION 7
MINUTES - August 16, 2005
1
Most
cities, most government entities require you to speak only
2
about
the item on the agenda.
Not here, we allow five minutes
3
where
people can comment about
anything that bothers them. She
4
said
that she thinks that it is
unfortunate that it happened and
5
that
she hopes that it does not
happen again.
6
MIAMI FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE
19
7
20
With no further comments
from the Commission, the Mayor
8
announced a five - minute recess.
9
109 -05 -12088
23
10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
24
11 CONSENT
12
13
108 -05 -12087
14
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
15
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
16
MANAGER TO RENEW THE CONTRACT WITH AVMED HEALTHCARE
17
TO PROVIDE GROUP HEALTH INSURANCE FOR CITY OF SOUTH
18
MIAMI FULL TIME EMPLOYEES PROVIDING AN EFFECTIVE
19
DATE. 3/5
20
(City Manager)
21
22
109 -05 -12088
23
5.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
24
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
25
DISBURSE $26,250.85 TO LEADEX CORPORATION FOR THE
26
INSTALLATION OF PLAYGROUND EQUIPMENT AT BREWER PARK;
27
TO BE CHARGED TO THE LAND AND WATER CONSERVATION FUND
28
(LWCF) GRANT ACCOUNT NUMBER 001.0000.131.1461;
29
PROVIDING AN EFFECTIVE DATE. 3/5
30
(City Manager)
31
32
110 -05 -12089
33
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
34
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
35
MANAGER TO ISSUE A CONSTRUCTION PURCHASE ORDER TO H &
36
R PAVING, INC. FOR ROADWAY RESURFACING SERVICES TO BE
37
FUNDED THROUGH THE LOCAL OPTION GAS TAX TRUST FUND
38
ACCOUNT NUMBER 112- 1730 - 541 -3450 IN AN AMOUNT OF
39
$52,000; PROVIDING AN EFFECTIVE DATE. 3/5
40
(City Manager)
41
42
111 -05 -12090
43
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
44
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
45
MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE
46
CITY OF OPA LOCKA POLICE DEPARTMENT FOR GENERAL AND
REGULAR CITY COMMISSION $
MINUTES - August 16, 2005
1 SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY
2 OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION
3 23.1225(3), FLORIDA STATUES; PROVIDING FOR AN
4 EFFECTIVE DATE. 3/5
5 (City Manager)
6
7 112 -05 -12091
8 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
10 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
11 FIGUEREDO, P.A. IN THE AMOUNT OF $28,114.18; CHARGING
12 $28,114.18 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL
13 SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
14 3/5
15 (City Attorney)
16
17 Moved by Commissioner Wiscombe, seconded by Commissioner
18 Birts- Cooper, the motion to approve the Consent Agenda passed by
19 a'5 -0 vote:
20
21 Commissioner Wiscombe: Yea
22 Commissioner Sherar: Yea
23 Vice Mayor Palmer: Yea
24 Commissioner Birts- Cooper: Yea
25 Mayor Russell: Yea
26
27
28 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
Wj
30 27 -05 -1849
31 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
33 SECTION 20- 3.6(S) OF THE CITY'S LAND DEVELOPMENT CODE
34 RELATING TO STORAGE OF RECREATIONAL VEHICLES IN ORDER
35 TO FURTHER REGULATE ACCESSORY STORAGE OF SAME;
36 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
37 AND AN EFFECTIVE DATE. 3/5
38 (City Manager)
39
40 Moved by Vice Mayor Palmer, seconded by Commissioners
41 Wiscombe and Birts- Cooper to approve this item.
42
43 Mr. O'Donniley presented the item, explaining that the
44 suggestions previously made by the Commission have been
45 incorporated in the proposed ordinance.
46
47 The public hearing was opened at this time.
REGULAR CITY COMMISSION 9
MINUTES - August 16, 2005
1 Bob Welsh said that upon reading the RV ordinance he finds
2 no provision to allow a person who may legally drive an RV to
3 park on the swale to pick up passengers, for instance; there is
4 also no provision to allow a person to pull his RV out of the
5 side yard and move it forward in order to prepare it for the next
6 day's journey.
7
8 Edna Davis said that she thinks that this ordinance is
9 unfair because of the small amount of RV's in the City in
10 comparison to the amount of boats.
11
12 Madeline Forbes said that she feels that her rights are
13 being taking away from them with this ordinance.
14
15 Carl Forbes said that up north where they come from the
16 majority of people drive RV's and that they get along fine
17 because they are considerate with one another.
18
19 With no further speakers the public hearing was closed.
20
21 Mayor Russell explained that it all started with someone out
22 there with two RV's using them for commercial purpose.
23
24 Commissioner Wiscombe said that this would allow Code
25 Enforcement, if necessary, to be able to go out and tell people
26 to move the vehicle.
27
28 The Commission discussed page 2 of 3, subparagraph (iii) ,
29 lines 23 through 29 of the proposed ordinance. Mayor Russell
30 suggested deleting it. Commissioner Sherar was of the opinion of
31 leaving it in but then recommended some changes.
32
33 Moved by Commissioner Sherar to amend the ordinance: page 2
34 of 3, lines 24 -26, strike building and insert setback; also
35 strike eleset to furthest fromthe -- street and etbuek. Seconded
36 by Commissioner Wiscombe, the motion to amend passed by a 5 -0
37 vote:
38
39 Commissioner Wiscombe: Yea
40 Commissioner Sherar: Yea
41 Vice Mayor Palmer: Yea
42 Commissioner Birts- Cooper: Yea
43 Mayor Russell: Yea
44
45 Commissioner Sherar also moved to strike "off road vehicles"
46 on page 1 of 3, line 42. The motion died for lack of a second.
47
REGULAR CITY COMMISSION 1 O
MINUTES - August 16, 2005
1 Commissioner Sherar then move to amend: page 3 of 3, line 4,
2 to strike thirty (304 and insert forty (40)1. The motion died for
3 lack of a second.
4
5 With no further comments or discussion, the motion to
6 approve this item as amended passed by a 5 -0 vote.
7
8
9 Commissioner Wiscombe: Yea
10 Commissioner Sherar: Yea
11 Vice Mayor Palmer: Yea
12 Commissioner Birts-Cooper: Yea
13 Mayor Russell: Yea
14
15 At this time Commissioner Birts- Cooper asked the Forbes
16 couple whether they were satisfied with the above ordinance. Mr.
17 Forbes said that forty feet would be preferable.
18
19 Mayor Russell then asked for a motion to reconsider.
20
21 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
22 the motion to reconsider passed unanimously by acclamation.
23
24 Commissioner Sherar then moved to amend: on page 3, line 4,
25 to strike t??irty (30 and insert forty (40). Seconded by
26 Commissioner Wiscombe, the motion to approve this amendment, and
27 the ordinance as amended twice and reconsidered once, passed by a
28 5 -0 vote:
29
30 Commissioner Wiscombe: Yea
31 Commissioner Sherar: Yea
32 Vice Mayor Palmer: Yea
33 Commissioner Birts- Cooper: Yea
34 Mayor Russell: Yea
35
36 28 -05 -1850
37 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
39 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH
40 MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE AMSTER
41 PROPERTIES (AKA DORN BROTHERS' BUILDINGS), LOCATED AT
42 5900 -5904 SUNSET DRIVE AS AN HISTORIC SITE AND BY
43 PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE
44 (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THE
45 PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
46 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
47 DATE. 3/5
48 (City Manager)
REGULAR CITY COMMISSION Z 1
MINUTES - August 16, 2005
1
Moved by Commissioner Sherar, seconded
by Commissioner
2
Wiscombe and Vice Mayor Palmer to approve this item.
3
4
Mr. O'Donniley presented this item.
5
6
A public hearing was opened and closed with
no speakers.
7
8
Commissioner Wiscombe said that he believed that the owner
9
had requested that Dorn Avenue be renamed.
Mr. O'Donniley
10°
explained that such request is not part of this
ordinance; that
11
was just a wish that the owner had indicated. Commissioner
12
Wiscombe said that he had the impression that
the request to
13
rename the street was a condition from the owner
and that in that
14
case he would have been opposed to this.
15
16
With no further comments or discussion,
the motion to
17
approve this item passed by a 5 -0 vote:
18
19
Commissioner Wiscombe:
Yea
20
Commissioner Sherar:
Yea
21
Vice Mayor Palmer:
Yea
22
Commissioner Birts- Cooper:
Yea
23
Mayor Russell:
Yea
24
25
26 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6
28 (H) (2) (C) OF THE LAND DEVELOPMENT CODE OF THE CITY
29 OF SOUTH MIAMI TO MODIFY THE REQUIRED MINIMUM 605 OPEN
30 AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A
31 RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING
32 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
33 DATE. 3/5
34 (Commissioner Sherar)
35
36 Moved by Commissioner Wiscombe, seconded by Commissioner
37 Birts- Cooper to approve this item.
38
39 Mr. O'Donniley presented this item, explaining that the
40 Commission's suggestions have been incorporated and staff
41 recommended approval.
42
43 A public hearing was opened and closed with no speakers.
44
45 Commissioner Sherar asked everybody to support it because -he
46 would like to have some privacy in his side yard and also to help
47 a lot of properties to come into compliance.
48
REGULAR CITY COMMISSION 12
MINUTES - August 16, 2005
1 To answer the Vice Mayor's question, Ms. Davis explained
2 that what this does is to allow people to go up to six feet on
3 the right -of -way.
4
5 Mayor Russell then said that she did not like the language
6 on subparagraph (2)(c)(i). The discussion then centered on this
7 paragraph between the Commission and staff. Commissioner Sherar
8 said that the whole subparagraph (i) needs to be taken out. Ms.
9 Davis agreed.
10 m
11 Commissioner Wiscombe then proposed to defer this item to
12 the next meeting.
13
14 Moved by Commissioner Wiscombe, seconded by Vice Mayor
15 Palmer, the motion to defer this item passed by a 5 -0 vote:
16
17 Commissioner Wiscombe: Yea
18 Commissioner Sherar: Yea
19 Vice Mayor Palmer: Yea
20 Commissioner Birts- Cooper: Yea
21 Mayor Russell: Yea
22
23
24 29 -05 -1851
25 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING GUIDELINES
27 FOR NAMING CITY PROPERTY AND ROADWAYS WITHIN THE CITY;
28 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
29 IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
30 (Commissioner Sherar)
31
32 Moved by Commissioner Sherar, seconded by Commissioner
33 Birts- Cooper to approve this item.
34
35 Commissioner Sherar said that he had a call from a resident
36 that wanted to name a street after Mel Haber, expressing concern
37 with the way the ordinance was originally drafted; however, the
38 amendments made on first reading addresses the resident's
39 concerns.
40
41 A public hearing was opened.
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43 David Tucker Sr. spoke about Mel Haber. He said that Mr.
44 Haber was a very calm and easy going kind of individual. Mel was
45 a very good friend, he said. He also thinks that it is ok to
46 honor people by putting their names on granite or something like
47 that, more of a personal nature, but he thinks that the City
48 should be excluded from doing it.
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Commissioner Birts- Cooper said that we could have the names
carved on bricks, on a sidewalk or on a street.
Commissioner Wiscombe said that when it comes to that type
of thing, this really does not apply to that; that is more for
naming streets and buildings.
With no further comments or discussion, the motion to
approve this item passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
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 Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to approve this item.
The public hearing was opened and closed with no speakers.
Ms. Davis presented the item. She explained that this is an
amendment to our existing schedule of fees in which we are
increasing our occupational license fees by three percent.
Commissioner Sherar said that even though he realizes that
this is not a big increase, he is going to vote against it. He
said that this is going to be a very prosperous year for the tax
base because of the increase in property value and the amount of
new construction that is going on. He added that this may not be
a big increase but that he likes to give people a little break
whenever possible.
Mr. Oshikoya said that we can only increase the fees every
other year, and actually, this year we can increase it up to five
percent; however, we are recommending only three percent.
REGULAR CITY COMMISSION
MINUTES - August 16, 2005
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1 Commissioner Birts - Cooper said to concur with Commissioner
2 Sherar and to go ahead and give the businesses a break.
3
4 Vice Mayor Palmer said that she would go with the increase
5 because is not a major one. She also said that everything is
6 going up, and this is a minimum increase and that it will not put
7 so much of a burden on someone's profit, therefore, she will
8 support the increase.
9
10 With no further comments or discussion, the motion to
11 approve this item failed by a 2 -2 vote:
12
13 Commissioner Wiscombe: Yea
14 Commissioner Sherar: Nay
15 Vice Mayor Palmer: Yea
16 Commissioner Birts- Cooper: Nay
17 Mayor Russell: Absent
18
19 Moved by Commissioner Wiscombe, seconded by Commissioner
20 Sherar, the motion to extend the meeting for fifteen minutes
21 beyond 11:00 p.m. passed unanimously.
22
23 RESOLUTION (S) /PUBLIC HEARING (S)
24 (NONE)
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26 RESOLUTION (S)
27
28 113 -05 -12092
29 14. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
30 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
31 CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM
32 OF ADKINS AND ASSOCIATES FOR THE PURPOSE OF
33 CONDUCTING A PROFESSIONAL RANDOMIZED SURVEY OF SOUTH
34 MIAMI CITIZENS IN ORDER TO PROVIDE INFORMATION ON
35 DEVELOPMENT AND CITY SERVICES AS INPUT INTO THE
36 CITY'S COMPREHENSIVE PLAN EVALUATION AND APPRAISAL
37 REPORT; APPROVING A CONSULTANT FEE IN THE AMOUNT OF
38 $15,000; CHARGING $10,000 OF THAT AMOUNT TO ACCOUNT
39 NO. 001 - 1620- 524 -3450, PLANNING DEPARTMENT
40 CONTRACTUAL SERVICES; AND $5,000 TO ACCOUNT NO. 001-
41 210 - 519 -9920, GENERAL CONTINGENCY; PROVIDING AN
42 EFFECTIVE DATE. (Deferred 7119105) 3/5
43 (City Manager)
44
45 Moved by Commissioner Sherar, seconded by Commissioners
46 Wiscombe and Birts- Cooper to approve this item.
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Mr. O'Donniley presented this item. He explained that we are
using a number of techniques to get public opinion, one of which
is that of conducting a randomized survey. The idea is that we
need to get a true cross section of the City. He said that we
need and encourage citizen input and this is a professional
organization. The reality is that the survey sent out with the
newsletter got poor response.
Commissioner Birts- Cooper said that she supports this
because it is important to incorporate some type of structure in
order to do some future planning for the City. We need to have
something in place.
Vice Mayor Palmer said that she disagrees with spending this
kind of money on a survey. She also has problems with some of the
questions in it.
Commissioner Wiscombe asked the Vice Mayor whether she feels
that it would be worth doing it if it is done right. He said that
if she wished, he would move to defer so that they can work on it
further, because we have to do some type of survey for the EAR
process. Vice Mayor Palmer said that she still feels that $15,000
is just too much at this point in time.
Ms. Davis said that she would be happy to email the survey
to each of the Commissioners for them to provide suggestions, but
that we are really pressed with time as far as the deadline goes.
Commissioner Wiscombe said that he realizes that this is a
problem and that is why he brought it up because he did not want
to hold this if it is necessary for the EAR process.
The motion to extend the meeting to 11:30 p.m. by
Commissioner Sherar and seconded by Commissioners Birts- Cooper
and Wiscombe passed by a 4 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Absent
With no further comments or discussion,
approve this item passed by a 3 -1 vote:
REGULAR CITY COMMISSION
MINUTES - August 16, 2005
Commissioner Wiscombe:
Commissioner Sherar:
Vice Mayor Palmer:
16
the motion to
Yea
Yea
Nay
1 Commissioner Birts- Cooper: Yea
2 Mayor Russell: Absent
3
4 114 -05 -12093
5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT
7 OF 2004 -2005 FISCAL YEAR BUDGET; APPROVING AND
8 ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO
9 TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED
10 ITEMIZED LIST FROM ONE CITY DEPARTMENT TO ANOTHER
11 PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF
12 THE END OF THE BUDGET YEAR ENDING SEPTEMBER 30, 2005,
13 AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH
14 MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE
15 TRANSFERS; AND PROVIDING AN EFFECTIVE DATE. 3/5
16 (City Manager)
17
18 Moved by Commissioner Sherar, seconded by Commissioner
19 Birts- Cooper to approve this item.
20
21 Mr. Oshikoya presented this item, explaining that this is to
22 amend our budget according to the projections until the end of
23 the fiscal year.
24
25 To answer the Vice Mayor's question, Ms. Davis explained
26 that we are not going to be expending the $18,000 projected in
27 the budget at the beginning of the year; therefore, that money
28 will go back into the reserves.
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: Yea
34 Commissioner Sherar: Yea
35 Vice Mayor Palmer: Yea
36 Commissioner Birts- Cooper: Yea
37 Mayor Russell: Absent
38
39
40 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
41 (NONE)
�AV4
43 ORDINANCE (S) FIRST READING
44 (NONE)
M
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There being no further business to come before this Body,
the meeting adjourned at 11:30 p.m.
Attest
Maria M. Menendez
City Clerk
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Approved
Mary Scott Russell
Mayor