10-18-05 Item 1axri �
1 City of South Miami
2 Special City Commission Minutes
3 September 27, 2005
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5 CALL TO ORDER:
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7 The City Commission of the City of South Miami, Florida met
8 in special session on Tuesday, September 27, 2005, beginning at
9 7 :39 p.m., in the City Commission Chambers, 6130 Sunset Drive.
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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.
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17 Also in attendance were: City Attorney Luis Figueredo, City
18 Manager Maria V. Davis and City Clerk Maria M. Menendez.
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20 B. Invocation: The invocation was delivered in silence. Mayor
21 Russell asked for everyone to keep Susan Redding in their
22 thoughts this evening.
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24 C. Pledge of Allegiance:
25 The Pledge of Allegiance was recited in unison.
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27 D. Presentations:
28 (NONE)
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31 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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33 1. Approval of Minutes:
34 a) Minutes of September 6, 2005
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36 Moved by Vice Mayor Palmer, seconded by Commissioner
37 Wiscombe, the motion to approve the minutes passed by a 5 -0 vote:
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39 Commissioner Wiscombe: Yea
40 Commissioner Sherar: Absent
41 Vice Mayor Palmer: Yea
42 Commissioner Birts- Cooper: Yea
43 Mayor Russell: Yea
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45 2. City Manager's Report:
46 a) Information regarding moving the first regular
47 City Commission meeting in October from Tuesday,
SPECIAL CITY COMMISSION 1
MINUTES - September 27, 2005
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October 4th to Wednesday, October 5th in observance
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of Rosh Hashanah.
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Commissioner Sherar expressed disagreement with moving
the
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meeting. Mr. Figueredo said that the Code specifically makes
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provisions for this.
Enforcement and urged the Commission to look into
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department. She also urged them to defer the item on the agenda
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The City Commission voted 4 -1 (C. Sherar) to move the next
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regular meeting to Wednesday, October 5, 2005.
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Sharon McCain referred to the list of expenditures
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b) Presentation of the classification and pay plan
Hurricane Katrina, specifically with regard to roof repairs,
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study by Cody & Associates.
that
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the insurance company should be contacted for this. She
also
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Ms. Davis deferred this item to the next meeting in
the
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interest of time.
City
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Commission to kill item number 6 on the agenda relating to
Code
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C) Report on Hurricane Katrina Expenditures
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Ms. Davis noted that the expenditures as the result of
the
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recent hurricane are beyond one million; almost $1.3 million
in
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expenditures.
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At this time Commissioner Wiscombe brought up to
the
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attention of the City Manager that at SW 74 Terrace off of
Red
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Road the streets are deplorable.
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For clarification purposes, Mayor Russell asked Ms. Davis
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whether 87.5 percent of the clean -up expenditures
are
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reimbursable. Ms. Davis said that is correct.
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3. City Attorney's Report
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(NONE)
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PUBLIC REMARKS
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(5- minute limit)
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Shirley Huebner referred to a memo she wrote to the
City
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Commission. She said that there are several issues with
Code
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Enforcement and urged the Commission to look into
that
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department. She also urged them to defer the item on the agenda
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relating to Code Enforcement.
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Sharon McCain referred to the list of expenditures
from
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Hurricane Katrina, specifically with regard to roof repairs,
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saying that it should not come out of the reserves. She said
that
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the insurance company should be contacted for this. She
also
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pointed out to contractor T. J. Pavement, saying that they
have
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been getting all the work in the City. She then urged the
City
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Commission to kill item number 6 on the agenda relating to
Code
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Enforcement.
SPECIAL, CITY COMMISSION 2
MINUTES - September 27, 2005
1 Dick Ward referred to the CRA and the good job that Rev.
2 Gaye is doing with the Wounded Healers Program.
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4 Mayor Russell said that Reverend Gaye has done a great a job
5 with the Wounded Healers Program, and that if Mr. Ward had asked
6 the question directly to the people involved he would have gotten
7 the answer immediately instead of coming up here and passing
8 dispersions on a colleague. The Mayor also asked Ms. Davis to
9 respond to comments from a previous speaker regarding T. J.
10 Pavement.
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12 Ms. Davis explained that bids are sealed, and they are
13 opened and witnessed by the City Clerk. The reason why T. J.
14 Pavement is awarded contracts is because they are always the
15 lowest bid. On top of that, they honored last year's estimate,
16 and the hourly rates are far below of.what FEMA allows.
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18 With no further speakers, the public remarks section was
19 closed.
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21 To answer Vice Mayor Palmer's question regarding the
22 possibility of moving on to a different contractor after two or
23 three years using the same one, Ms. Davis responded that it would
24 be illegal to do that. When we advertise a bid with all the
25 required specifications, we must award the contract to the lowest
26 bidder, and we have no legal right to preclude anyone from
27 bidding in the future, unless they default or have poor
28 performance. Ms. Davis also answered that it is mandatory by
29 state law to take the lowest bid.
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31 Mr., Figueredo said that there must be an overriding reason
32 for not taking the lowest bid. He explained that Florida Statutes
33 Competitive Negotiations Act has been set up to specifically
34 avoid the situation such as favoritism. The City is not
35 absolutely required to go with the lowest bidder, if it finds in
36 the.bid, for example, that the history of the work of the bidder
37 is less than adequate. That would be an overriding reason to
38 exclude the lowest bid and to go with the next lowest bidder. We
39 do have an obligation to go with the least expensive company, and
40 that is established by Florida Statutes.
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42 Commissioner Sherar said that one other recourse is to
43 protest. If one of the other bidders finds that there is
44 something which has not been done right s /he may come in and
45 protest in order to bring everything to light.
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48 119 -05 -12098
49 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
50 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
SPECIAL CITY COMMISSION 3
MINUTES - September 27, 2005
1 COMMITTEES; APPOINTING CHRISTOPHER COOKE- YARBOROUGH TO
2 SERVE ON THE HISTORIC PRESERVATION BOARD FOR AN
3 UNEXPIRED TERM ENDING FEBRUARY 2, 2006; AND PROVIDING
4 AN EFFECTIVE DATE. 3/5
5 (Mayor Russell)
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7 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
8 to approve this item.
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10 With no comments or discussion, the motion to approve this
11 item passed by a 5 -0 vote.
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13 Commissioner Wiscombe: Yea
14 Commissioner Sherar: Yea
15 Vice Mayor Palmer: Yea
16 Commissioner Birts- Cooper: Yea
17 Mayor Russell: Yea
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20 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
21 (NONE)
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23 (ALL SECOND READING ORDINANCES PENDING WILL BE PLACED
24 ON THE OCTOBER 5, 2005 AGENDA TO COMPLY WITH THE 10 -DAY
25 ADVERTISEMENT REQUIREMENT)
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27 RESOLUTION (S) /PUBLIC HEARING (S)
28 (NONE)
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30 RESOLUTION (S)
31 (NONE)
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33 ORDINANCE (S) FIRST READING PUBLIC HEARING S)
34 (NONE)
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36 ORDINANCE (S) FIRST READING
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38 5. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION
39 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
40 PAYMENT OF EXPENDITURES INCURRED DURING WEATHER
41 EMERGENCY RESULTING FROM HURRICANE KATRINA; PROVIDING
42 THE CITY MANAGER THE NECESSARY AUTHORITY TO USE AN
SPECIAL CITY COMMISSION 4
MINUTES - September 27, 2005
1 ADDITIONAL $500,000 FROM THE CITY'S CASH RESERVE FOR
2 RELATED EMERGENCY EXPENSES; AND AUTHORIZING THE CITY
3 MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO
4 REIMBURSE THE CITY FOR THE FUNDS EXPENDED; PROVIDING
5 FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
6 EFFECTIVE DATE. 4/5
7 (City Manager)
8
9 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
10 to approve this item.
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12 It was clarified for the records that emergency ordinances
13 only require one reading.
14
15 Ms. Davis explained that she is requesting an adjustment
16 from a half million to an additional $800,000, which will bring
17 us to $1.3 million. She explained that she has exceeded her
18 initial authority for $500,000 and that she has to continue
19 cleaning up the City and that is why we are now up to the
20 $800,000. She then said that we will be reimbursed 87.5 percent
21 of the damage to the roof.
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23 Mayor Russell said that we are still in the middle of
24 hurricane season and that is why it is extremely important that
25 the debris is picked up. She then clarified with Ms. Davis that
26 the ordinance needed to be amended to change the amount from
27 $500,000 to $ 800,000.
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29 Moved by Commissioner Wiscombe to defer this item to the
30 next meeting so that he has some time to do some analysis and to
31 check some things out. Commissioner Sherar seconded the motion.
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33 Commissioner Sherar moved to suspend the rules in order to
34 allow Ms. Davis to address the Commission.
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36 Ms. Davis said that these expenditures have already
37 occurred and we do not have the right to not pay people.
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39 Commissioner Wiscombe said that he just wants some time to
40 do some analysis.
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42 Ms. Davis said that what they will have to do is just shut
43 down clean -up operations until she gets the authority to go any
44 further.
45
46 With no further comments or discussion, the motion to defer
47 this item passed by a 3 -2 vote.
48
49 Commissioner Wiscombe: Yea
SPECIAL CITY COMMISSION 5
MINUTES - September 27, 2005
1
Commissioner Sherar:
Yea
2
Vice Mayor Palmer:
Yea
3
Commissioner Birts- Cooper:
Nay
4
Mayor Russell:
Nay
5
6
Commissioner
Sherar said that he just wants
to get some back
7
up because we are
dealing with a lot of public
money and people
8
have the right to
ask questions. He said that
we are 6 -8 weeks
9
out of the event
and that he would like to
see the current
10
contract.
11
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Commissioner
Birts- Cooper asked as to what
specifically the
13
Commission is looking for.
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15 Commissioner Sherar referred to the contract that we got
16 this year mentioned by Ms. Davis, which is so far below FEMA
17 guidelines. He wants to see the contract and guidelines.
18
19 Mr. Balogun said that FEMA had been in his office for four
20 hours today and that they were very pleased with the clean -up job
21 done by the City.
22
23 Mr. Oshikoya reiterated Mr. Balogun's statement from FEMA.
24 He added that his only concern is related to the cash balance on
25 our 'reserves because the longer we delay the process, the longer
26 it will take to get our money back from FEMA.
27
28
29 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
31 ENFORCEMENT; AMENDING AND REVISING SECTION 2 -25,
32 ENTITLED "CODE ENFORCEMENT PROCEDURES "; PROVIDING AN
33 ENFORCEMENT MECHANISM VIA NOTICES OF VIOLATION AND
34 APPEAL TO THE SPECIAL MASTER OF NUISANCE VIOLATIONS
35 UNDER CHAPTER 15 OF THE CITY OF SOUTH MIAMI CODE OF
36 ORDINANCES; REVISING THE ENFORCEMENT POWERS OF THE
37 SPECIAL MASTER; PROVIDING FOR SEVERABILITY, ORDINANCES
38 IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
42 Cooper to approve this item.
43
44 Mr. Sprovero explained that at the last Commission meeting,
45 the City Commission approved on first reading an amendment to
46 Chapter 15 of the South Miami Code of Ordinances, relating to
47 public nuisance. That ordinance dated back to 1936 and never had
48 been amended. By amending Sections 15 -50 to 15 -52, we are
49 creating a code enforcement procedure for public nuisance.
SPECIAL CITY COMMISSION 6
MINUTES - September 27, 2005
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Public nuisance pertains to properties where they get to the
point that they become a safety hazard, a health hazard, or a
fire hazard to the general public or the neighborhood where the
property is located. The proposed amendment to the ordinance
will give the City authority upon proper notice to the property
owner to remedy the situation, or the City would have the
authority to go on the property and bring the property into
compliance.
Vice Mayor Palmer said that most people take care of their
properties because they realize this is in their best interest
in order to maintain the property value. She said that she would
not support this because Code Enforcement has enough power as it
is, and that we have enough rules and regulations in place
already.
Commissioner Sherar said that he would not support this
item for several reasons. He said that there are procedures
through the courts where people can go with their complaints.
Commissioner Wiscombe said that this is the City of
Pleasant Living, not a City of running a police state. He said
that he does not think that this is the right way to go and that
he would not support it.
With no further comments or discussion, the motion to
approve this item failed by a 0 -5 vote:
Commissioner Wiscombe: Nay
Commissioner Sherar: Nay
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Nay
Mayor Russell: Nay
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE A THREE YEAR CONTRACT, WITH
TWO ANNUAL RENEWAL OPTIONS WITH WESTBROOK MOTORS, INC.,
AS THE CITY'S TOWING CONTRACTOR; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, with no comments or discussion the motion to defer this
item passed by a 5 -0 vote:
SPECIAL CITY COMMISSION
MINUTES - September 27, 2005
Commissioner Wiscombe:
7
Yea
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Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
3. Adjournment
There being no further business to come before this Body,
the meeting adjourned at 7:40 p.m.
Attest
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION
MINUTES - September 27, 2005
Approved
Mary Scott Russell
Mayor