09-20-05 Item 1d
1 City of South Miami
2 Regular City Commission Minutes
3 September 6, 2005
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, September 6, 2005, beginning at
7:36 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 Luis Figueredo, City
Manager Maria V. Davis and City Clerk Maria M. Menendez.
B. Invocation: The invocation was delivered by Vice Mayor Palmer.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations:
(NONE)
Mayor Russell acknowledged the presence in the audience of
Division Chief of Operations for our district, Vincent Lombardi,
from the Miami -Dade Fire Rescue Department.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION;
1. Approval of Minutes:
a) Minutes of August 2, 2005
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the minutes of August 2, 2005
passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - September 6, 2005
Commissioner Wiscombe:
Commissioner Sherar:
Vice Mayor Palmer:
1
Yea
Yea
Yea
1 Commissioner Birts - Cooper: Yea
2 Mayor Russell: Yea
3
4
5 b) Minutes of 'August 16, 2005
6
7 Moved by Commissioner Wiscombe, seconded by Commissioner
8 Sherar and Vice Mayor Palmer, the motion to approve the minutes
9 of August 16, 2005 passed by a 5 -0 vote:
10
11 Commissioner Wiscombe: Yea
12 Commissioner Sherar: Yea
13 Vice Mayor Palmer: Yea
14 Commissioner Birts- Cooper: Yea
15 Mayor Russell: Yea
16
17 c) Minutes of August 30, 2005
18
19 Moved by Vice Mayor Palmer, seconded by Commissioner
20 Wiscombe, the motion to approve the minutes of August 30, 2005
21 passed by a 5 -0 vote:
22
23 Commissioner Wiscombe: Yea
24 Commissioner Sherar: Yea
25 Vice Mayor Palmer: Yea
26 Commissioner Birts- Cooper: Yea
27 Mayor Russell: Yea
28
29
30 2. City Manager's, Report:
31 a) Report on Hurricane Katrina Expenditures
32
33 Ms. Davis presented an update on "Hurricane Katrina
34 Estimated Recovery Expenses" as of September 5, 2005, in the
35 amount of $518,351.13. She also announced that anyone wishing to
36 obtain some free mulch may come to the Public Works Department
37 located at 4795 SW 75th Avenue, Monday through Friday from 8 -3:00
38 p.m.
39
40 Commissioner Wiscombe referred to the first Budget Workshop
41 where he had requested from the Manager to come back with a 6.9
42 budget. Ms. Davis said that nothing has been presented yet since
43 they are still working on it and that it will be presented at the
44 first Budget Hearing. He also said that he would like to see what
45 could be done with the 'revenue received this year.
46
47 Ms. Davis said that one mill is approximately $1.2 million
48 that will have to be cut from the current budget.
49
REGULAR CITY COMMISSION 2
MINUTES - September 6, 2005
1 Vice Mayor Palmer said that at the last Workshop she had
2 asked that we cut a mill and that they are waiting to see what
3 the Manager has to present to the Commission. She said that she
4 is strongly in favor of cutting one mill.
5
6 3. City Attorney's Report
7
8 Mayor Russell said that she has gotten many calls regarding
9 the cable service being interrupted due to the recent hurricane.
10 She asked the Attorney to talk about the cable agreement with
11 regard to the service issue.
12
13 Mr. Figueredo referred to the South Miami Code which
14 provides that if you are without power for more than six hours
15 you are entitled to a one thirtieth credit on your bill, and this
16 is a cap. He said that we are about to renew our cable agreement,
17 so now is an opportune time to address that issue. We would also
18 need to amend the actual ordinance that provides the credit. This
19 ordinance is tailored in its entirety based on the County
20 ordinance.
21
22 Mayor Russell said that she would like to see the residents
23 to have an opportunity to have a 7 -day cap and that she would
24 like to amend the ordinance. She then asked if there was any
25 objection from the Commission to direct the Attorney to prepare
26 the amendment. The Commission agreed by acclamation.
27
28
29
PUBLIC REMARKS
30
(5- minute limit)
31
32
David Tucker Sr. addressed the Commission in his usual
33
poetic style about a variety of issues, such as that of Hurricane
34
Katrina and the destruction it left behind.
35
36
Tim Merker expressed concerned because he has not received
37
the survey or any other information on the EAR process,
and
38
neither have his neighbors.
39
40
Mayor Russell asked Ms. Davis to address this issue.
41
42
Ms. Davis asked Mr. O'Donniley about the timing of
the
43
surveys and he said that they are still tallying them as
they
44
keep coming in.
45
46
Carl Boccutti spoke regarding the ordinance relating to
RV's
47
recently adopted by the Commission. He did not attend
that
48
meeting but said that he had watched the video tape from
that
REGULAR CITY COMMISSION 3
MINUTES - September 6, 2005
1 meeting and that he was very upset with the way the meeting was
2 handled and by the way the ordinance was passed.
3
4 Dick Ward said that he had no idea that a mill was over a
5 million dollars now. He then said that the City has $1,479,000 in
6 new revenue and that he thinks that it would be possible to come
7 down to around 6.5 which would be about 7/10 reduction of a mill.
8 He also said that the salaries of the employees should be raised
9 next year.
10
11 Brian Beasley addressed the Commission regarding an issue
12 that he has with Novo Roofing. Mr. Beasley gave an account of all
13 the problems he has encountered with the roofing job being done
14 on his house. Mayor Russell recommended to Mr. Beasley to set up
15 an appointment to meet with staff in order to get to the bottom
16 of the problem.
17
18 Larry Wright complimented the City Manager for the good job
19 done during the passage of Hurricane Katrina.
20
21 Dan McCrea also thanked staff for all the things that they
22 did after the hurricane. He then referred to item no. 9 on the
23 agenda relating to the issue of eminent domain, urging the
24 Commission not to act in haste. This is a complex issue, he said,
25 and recommended that they discuss it with the City Attorney about
26 possible legal ramifications.
27
28 Al Elias referred to the issue of eminent domain and urged
29 the Commission to protect the businesses and citizens.
30
31 Eda Harris spoke about the trash pick up saying that it has
32 not reached her house yet and that she has big piles in the front
33 as the result of the hurricane.
34
35 Fran Cuzzocrea Jr. spoke regarding the donation efforts in
36 progress for the hurricane victims in New Orleans.
37
38 Rev. Gay thanked staff, particularly Public Works for all
39 their efforts in cleaning up after the hurricane. He then urged
40 the Commission to table item no. 9 until it can be discussed.
41
42 Beth Schwartz thanked Public Works for the job well done
43 after the Hurricane. She then thanked the Vice Mayor for her
44 letter to the Neighbors. She also thanked the City Manager for
45 calling her to come and pick up ice after the hurricane and to
46 Commissioner Birts- Cooper for delivering it to her. She then
47 referred to the Planning Board meeting where the EAR process was
48 discussed and said that the public remarks had been cut off on
49 the tape. She said to make sure that the next public hearing on
50 the EAR is well publicized since it is a very important issue.
REGULAR CITY COMMISSION 4
MINUTES - September 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
She also urged the Commission to vote for the "nuisance"
ordinance on the agenda.
Sharon McCain said that where she lives they do not get
mailings from the City, such as the newsletter for instance. She
also referred to a public records request for which she has been
waiting for a long time.
With no further speakers, the public remarks section was
closed.
Vice Mayor Palmer said that she agrees with Mr. Buccatti's
statement about being back and forth during the discussion on the
RV ordinance. She concurred with Mr. Bucatti and that the
handling of it was not well thought out. About Mr. Beasley's
complaint, she said that sometimes a resident comes to the City
and gets bumped from one professional to another and cannot get
answers, and does not know what to do or where to go. It does
happen sometimes and that is why we are here for, to take care of
that and look into it, she added.
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENT WITH LEON'S ENGINEERING
CORP. FOR CITYWIDE WATERMAIN EXTENSION - AREA 1
CONSTRUCTION IN AN AMOUNT OF $288,892.00 TO BE
CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT
GRANT ACCOUNT NOS. 106 -1710- 536 -6432 AND 106 -1710-
536 -6434; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
116 -05 -12095
5. 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 MANOR LANE DRAINAGE & TRAFFIC IMPROVEMENTS
CONSTRUCTION IN AN AMOUNT OF $257,724.85 TO BE
CHARGED TO PEOPLE'S TRANSPORTATION TAX FUND AND
STORMWATER TRUST FUND ACCOUNT NUMBERS 124- 1730 -541-
3450 AND 111- 1730 - 541 -6490 RESPECTIVELY; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION
MINUTES - September 6, 2005
5
1 117 -05 -12096
2 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS;
4 APPROVING A SETTLEMENT AGREEMENT IN THE STATE COURT
5 LITIGATION ENTITLED "MARIA ANDUIZA V. CITY OF SOUTH
6 MIAMI;" AUTHORIZING THE CITY MANAGER TO RE- ALLOCATE
7 THE APPROPRIATE FUNDING AND TO ISSUE PAYMENT IN THE
8 AMOUNT OF $40,000 TO PLAINTIFF'S ATTORNEY TO BE
9 CHARGED TO THE SELF INSURANCE FUND SETTLEMENTS
10 ACCOUNT NUMBER 504.1500.514.9925; PROVIDING AN
11 EFFECTIVE DATE. 3/5
12 (City Attorney)
13
14 Moved by Vice Mayor Palmer, seconded by Commissioner
15 Wiscombe, the motion to approve the Consent Agenda passed by a 5-
16 0 vote:
17
18 Commissioner Wiscombe: Yea
19 Commissioner Sherar: Yea
20 Vice Mayor Palmer: Yea
21 Commissioner Birts- Cooper: Yea
22 Mayor Russell: Yea
23
24
25 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
a
27 32 -05 -1854
28 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6
30 (H) (2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY
31 OF SOUTH MIAMI TO MODIFY THE REQUIRED MINIMUM 60% OPEN
32 AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A
33 RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING
34 FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
35 DATE. (Deferred 8116105) 3/5
36 (Commissioner Sherar)
37
38 Moved by Commissioner Sherar, seconded by Commissioner
39 Wiscombe to approve this item.
40
41 Mr. O'Donniley talked about the changes made to item (2)(c)
42 in order to make the language more clear to say that in general,
43 you can have a six -foot high wall or fence everywhere except in
44 the required front setback area.
45
46 After some discussion among the Commission and staff,
47 everyone said they understand the language as it was presented.
48
REGULAR CITY COMMISSION 6
MINUTES - September 6, 2005
1 With no speakers, the Mayor opened and closed the public
2 hearing.
3
4 With no further comments or discussion, the motion to
5 approve this item passed by a 5 -0 vote:
6
7 Commissioner Wiscombe: Yea
8 Commissioner Sherar: Yea
9 Vice Mayor Palmer: Yea
10 Commissioner Birts- Cooper: Yea
11 Mayor Russell: Yea
12
13 RESOLUTION (S) /PUBLIC HEARING (S)
14
15 118 -05 -12097
16 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE
18 OF A CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR
19 IMPROVEMENTS TO A DESIGNATED HISTORIC BUILDING LOCATED
20 AT 6282 SW 56 STREET (CAMBRIDGE LAWNS HISTORIC
21 DISTRICT) ; PROVIDING AN EFFECTIVE DATE. 3/5
22
23 (City Manager)
24
25 Moved by Commissioner Sherar, seconded by Commissioners
26 Wiscombe and Birts - Cooper to approve this item.
27
28 Mr. O'Donniley presented this item. The application was
29 approved by the Historic Preservation Board at its meeting of
30 July 25, 2005. Staff also recommended approval with two
31 conditions: (a) the installation shall be in accordance with
32 plans and graphics submitted to the Historic Preservation Board
33 at its July 25, 2005 meeting; and, (b) Aluminum type shutters to
34 be installed on windows with decorative wood panels. Accordion
35 shutters are approved for all other windows not on the front
36 facade.
37
38 With no speakers, the Mayor opened and closed the public
39 hearing.
40
41 With no further comments or discussion, the motion to
42 approve this item passed by a 5 -0 vote:
43
44 Commissioner Wiscombe: Yea
45 Commissioner Sherar: Yea
46 Vice Mayor Palmer: Yea
47 Commissioner Birts- Cooper: Yea
48 Mayor Russell: Yea
REGULAR CITY COMMISSION 7
MINUTES - September 6, 2005
1 RESOLUTION (S)
2 (NONE)
3
4 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
5 (NONE)
6
7 ORDINANCE (S) FIRST READING
8
9 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER 21,
11 POWER OF EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED
12 "USE OF POWER OF EMINENT DOMAIN" WHICH WILL PREVENT
13 FUTURE CITY COMMISSIONS FROM AUTHORIZING THE FILING OF
14 EMINENT DOMAIN LAWSUITS WHEN THE END RESULT OF SUCH
15 ACTION WOULD BE TO SELL THE PROPERTY TO PRIVATE
16 PARTIES; PROVIDING FOR CODIFICATION, ORDINANCES IN
17 CONFLICT AND AN EFFECTIVE DATE. 3/5
18 (Commissioner Wiscombe)
19
20 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
21 to approve this item.
22
23 Commissioner Wiscombe explained that one of the reasons for
24 which he brought this item forward is because he has gotten a lot
25 of calls from concerned people particularly from Commerce and
26 Progress Lane about the issue of eminent domain due to the latest
27 rulings from the Supreme Court. He said that to take private
28 property for public use is one thing, but to take private
29 property and then sell it to a developer is another thing. He
30 said that he thinks that it is wrong and that they need to
31 discuss it so that they can put to rest some of the fear that
32 some people in the community have. This may not be the final
33 discussion on this issue but we need to start somewhere, he
34 added.
35
36 Mayor Russell asked how the Commission felt about some of
37 the recommendations from the speakers tonight, such as Dan McCrea
38 and Rev. Gay asking us to consider sending it to the Planning
39 Board.
40
41 Commissioner Wiscombe said that he feels very strongly about
42 this and that he spoke to the attorney to make sure that this was
43 on the agenda. He said that he feels it is very important that
44 before they send it to any other body, that they have some
REGULAR CITY COMMISSION
MINUTES - September 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
discussion at the dais first, so that staff has some direction
from the Commission as well.
Vice Mayor commended Commissioner Wiscombe for bringing this
item forward since it is•a big concern and that she is in the
position to support it. However, she said that they need to
define what "public use" is. She said that before she can support
it in final form she needs to make sure that "public use" is well
defined because people need protection.
Commissioner Sherar said that there has been a lot of
misinformation about what does and does not constitute "public
use" in the State of Florida. With regard to "Kelo" he said that
what happened is that the Supreme Court took the words from the
Constitution, which is "public use," and redefined it as "public
purpose." "Public use" implies that the government will take it
and use for the public. He said that things such as military
bases and courts, the government takes to be used by the public,
but the Supreme Court twisted it around and decided that "public
use" was "public purpose" and therefore the purpose is to help
the public; the public doesn't actually have to use it because it
increases the tax base and therefore is a public purpose. With
regard to the CRA, he said that you cannot make everybody happy
but you have to try to be fair, and the law has to be the most
applicable to the most number of circumstances and if something
such as Madison Square cannot happen as the result of this that
is not the issue. The issue is whether the community is better
protected as a whole.
Commissioner Wiscombe said to concur with Commissioner
Sherar and that it is not that we cannot move along with the CRA
and do things, but we have to take a different approach to it. He
said that one of the things that he has in mind is to preserve
that particular part of our City and the citizens who live and
have businesses there.
Commissioner Birts- Cooper asked the Attorney whether this
means that the City would need to amend the Charter in order to
do this.
Mr. Figueredo said that amending the Charter is a vehicle
for doing it; however, you do not have to amend the Charter, and
it could be done by ordinance.
Commissioner Birts- Cooper said
had the power to do eminent domain,
the power of the City.
REGULAR CITY COMMISSION
MINUTES - September 6, 2005
0
that if the City has always
why we would want to reduce
1 Commissioner Wiscombe said that it is because right now you
2 can take the property and sell it to a private developer and it
3 might not even be for public use.
4
5 Mayor Russell said that the real concern that she has with
6 this is the negotiating power of the City; to be able to have
7 that as an option because as a negotiating tool it can be very
8 helpful. It is a right that the City has always had and has never
9 exercised it. With respect to the Madison Square project, she
10 said that we are not taking anyone's property; we are talking to
it everybody to see whether we find willing sellers.
12
13 Mr. O'Donniley said that it is not an administrative
14 decision to ever take anyone's property; it takes the affirmative
15 action of this City Commission. In the case of the CRA, only
16 specific parcels were set aside that could be condemned; there is
17 a known list and it does not include any land on Progress or
18 Commerce; therefore, that is not even a possibility.
19
20 Commissioner Birts- Cooper said that as elected officials
21 they are elected to use good judgment and that she just does not
22 see the purpose of this. She said that she needs further
23 clarification and that she will ask the City Attorney. She said
24 that she would like to see it deferred at this time.
25
26 Mayor Russell concurred with Commissioner Birts- Cooper
27 saying that she believed that they needed to defer it; she thinks
28 that the CRA Board should discuss it; that she would like to hear
29 what both the CRA and Advisory Boards have to say about it; she
30 would like the Planning Board to look at it; she also would like
31 an update from our legal department and Commissioner Sherar's
32 assistance on bringing back what the Florida legislators are
33 doing. She said that she believes that some other city in Miami -
34 Dade County has done something like this. She would like to see
35 as much information as possible on the latest that has been done
36 at the County, State and local levels.
37
38 Vice Mayor Palmer was of the opinion to pass it on first
39 reading and when it comes back with all the findings from the
40 other boards, then they can discuss it and take it from there.
41
42 Mr. Figueredo explained that once it has come for first
43 reading before the Commission it will automatically come back for
44 second reading on the next meeting.
45
46 Commissioner Wiscombe said that then they can take the
47 action on it, but he said that the idea is to pass it tonight so
48 that they can start the process. After the second reading, then
49 the Commission decides what the next step will be.
50
REGULAR CITY COMMISSION 1 0
MINUTES - September 6, 2005
1 Commissioner Sherar said that they need to start this
2 process now in case that they decide to take it on a referendum
3 and take advantage of the upcoming February elections. He then
4 recommended bringing this item back for public hearing to see
5 what the public has to say.
6
7 Commissioner Sherar requested that a copy of Kelo be
8 provided to the Commission.
9
10 With no further comments or discussion, the motion to
11 approve this item passed by a 3 -2 vote:
12
13 Commissioner Wiscombe: Yea
14 Commissioner Sherar: Yea
15 Vice Mayor Palmer: Yea
16 Commissioner Birts- Cooper: Nay
17 Mayor Russell: Nay
18
19
20 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
21 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
22 MANAGER TO ENTER INTO A 36 -MONTH COPIER LEASE
23 AGREEMENT WITH BARLOP BUSINESS SYSTEMS AND ITS LEASING
24 COMPANY BANC OF AMERICA LEASING, IN THE AMOUNT OF
25 $29,600.00 PLUS OVERAGES PER YEAR FOR THE NEXT THREE
26 YEARS; CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER
27 001 -1320- 513.4710 TITLED "PRINTING /BINDING /PHOTOCOPY";
28 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
29 AND AN EFFECTIVE DATE. 3/5
30 (City Manager)
31
32 Moved by Commissioner Sherar, seconded by Commissioner
33 Wiscombe to approve this item.
34
35 Ms. Davis presented this item, explaining that this is
36 coming before the Commission as an ordinance because it is a
37 multi -year contract otherwise it would be on the consent agenda.
38 This is a routine copier lease agreement. The present contract
39 expires at the end of October 2005. This is the lowest bid that
40 was presented to the City.
41
42 Mayor Russell said that there is an addendum attached to the
43 contract but it is not referenced in the ordinance.
44
45 Moved by Commissioner Sherar, seconded by Commissioner
46 Wiscombe, to amend the ordinance by adding on line 42, page 1 of
47 the ordinance, together with the attached "Addendum ".
48
REGULAR CITY COMMISSION 1 1
MINUTES - September 6, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
With no further comments or discussion, 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
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15 OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
RELATING TO THE ESTABLISHMENT OF A PROCEDURE FOR
PUBLIC NUISANCE ABATEMENT; FINDINGS OF THE CITY
COMMISSION; DECLARATION OF PUBLIC NUISANCE; DUTIES OF
THE DIRECTOR OF COMMUNITY DEVELOPMENT; NOTICE TO
OWNER, AGENT OR - PERSON IN CONTROL OF ANY PERSONAL OR
REAL PROPERTY UPON WHICH A PUBLIC NUISANCE EXISTS;
APPEAL; DUTIES OF CITY ATTORNEY; RECOVERY OF COST AND
REASONABLE ATTORNEYS FEES; FILING OF LIENS; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Ms. Davis presented this item, explaining that this
ordinance is amending a 1936 ordinance during the time that we
had municipal judges. The current ordinance is limited and does
not give Code Enforcement enough enforcement power to abate what
is considered to be a nuisance. Ms. Davis as an example mentioned
the issue of certain people having 50 -60 cats. She said that this
will allow us to deal with that type of situations.
Vice Mayor Palmer said that there are some residents that
for one reason or another cannot cut the grass fast enough to
avoid fines. She asked what could be done about it. Ms. Davis
explained that what this ordinance does is to ensure protection
to the residents in cases where the personal or real property may
be unsafe, unsanitary or a danger to the public health or safety.
However, if there is an elderly resident that cannot mow the lawn
because s /he may be ill, then, in that particular situation we go
and do it for them at no charge. Vice Mayor Palmer said that she
constantly gets a lot of complaints from people about getting
citations from Code Enforcement.
REGULAR CITY COMMISSION
MINUTES - September 6, 2005
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Ms. Davis said that Code Enforcement is probably one of the
worst jobs in the City because they have a Code to enforce, and
if someone is not complying with the Code we cite them, and then
they complain and they say that we are picking on them. In
contrast, we have some residents that complain that we do not
enforce the Code enough. Ms. Davis asked the Vice Mayor to bring
all of those complaints to her attention because staff always
investigates those situations.
Mayor Russell reminded of the appeal process through the
Special Master.
Vice Mayor Palmer also said that in some cases people do not
understand the letters they get warning them. Sometimes is due to
the language barrier that they just do not understand the system
and some of them are even losing their property.
With no further comments or discussion, 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
COMMISSION REMARKS
Commissioners were all afforded time for remarks.
There being no further business to come before this Body,
the meeting adjourned at 10:34 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - September 6, 2005
13
Approved
Mary Scott Russell
Mayor