11-01-05 Item 11 City of South Miami DRAFT
2 Regular City Commission Minutes
3 October 18, 2005
4
s CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, October 18, 2005, beginning at
9 6:45 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
it A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Mary Scott Russell, Vice Mayor Velma Palmer and,
14 Commissioners 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 in silence.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 125 -05 -12104
26 D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
28 FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
29 PRESERVATION BOARD REGARDING THE APPROVAL OF A
30 SIGNAGE INSTALLATION TO BE LOCATED AT 6220 SOUTH
31 DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. 3/5
32 (City Manager)
33
34 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
35 to approve this item.
36
37 Mr. O'Donniley presented the item. The applicant requested
38 an oval shaped sign measuring 30.6 sq. ft.; the ERPB felt that
39 the size requested was not in their judgment aesthetically
40 proportioned for the existing wall space above the storefront.
41 The ERPB suggested that the sign be reduced to 18 sq. ft.
42
43 In response to the Commission's question, Mr. O'Donniley
44 said that the options are: that the applicant comes back with a
45 different design; to grant approval with conditions; or, to deny
46 the appeal.
47
REGULAR CITY COMMISSION 1
MINUTES - October 18, 2005
1 Applicant Alice Goodh.art explained that she loved her old
2 sign; however, her franchise told her that they have a new sign
3 and that she needs to comply with them. She said that this is
4 not her choice, and that the proposed sign was approved by the
5 landlord before she submitted it to the City. Mr. O'Donniley
6 said that the fact about the franchise sign was new information.
7 Ms. Goodhart said that this is an unjust financial burden on her
8 as a local business owner. She asked that the Commission grant
9 again what she previously enjoyed, which was approved by the
10 City ten years ago in conformity with the entire shopping
11 center. She then introduced Mr. Luis Berthin with "Sign -a-
12 arama." Mr. Berthin addressed the Commission with a brief
13 technical detail.
14
15 At the end of the discussion, the Commission concluded that
16 they did not find the proposed sign offensive.
17
18 Mayor Russell said that the consensus of the Commission was
19 to go forward with the application as originally presented, and
20 asked Mr. Figueredo as to what they would need to change on the
21 resolution as drafted. Mr. Figueredo recommended to modify
22 Section l on the resolution to read as follows: "the appeal of
23 the decision of the Environmental Review and Preservation Board
24 made on July 18, 2005 regarding the approval of a signage
25 installation located at 6220 S. Dixie Highway is denied affirmed
26 with the following condition: that the sign be allowed a maximum
27 of 32 sq. ft. This motion was moved by Commission Wiscombe,
28 seconded by Commissioner Birts- Cooper. The amendment and the
29 amended resolution as a whole 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 Mr. O'Donniley clarified that there would be no additional
38 cost for amending what is originally on file.
39
40
41 E. Presentations:
42 a) Plaque presented to City of South Miami from the National
43 League of Cities for 25 years of membership and dedicated
44 service.
45
46 Commissioner Birts- Cooler, as the League's Liason, presented
47 the plaque to the City on behalf of the National League of
48 Cities.
49
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
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b) Proclamation for South Florida Chapter Alzheimer's
Association .Annual "Memory Walk."
This presentation was deferred because the event has been
cancelled.
c) Ms. Jane Wilson to speak about donating a sculpture (The
Bakery Icon) belonging to the Fuchs Family.
Ms: Wilson presented her offer to the City, free of cost; a
sculpture that was made from the Holsum Bakery which used to be
in the City for 48 years. Ms. Wilson graciously spoke briefly
about the history of her family, who established their bakery
business in South Miami in 1934.
The Commission unanimously accepted Ms. Wilson's generous
offer by acclamation.
Commissioner Wiscombe recommended that the Historic
Preservation Board be involved in the process. Ms. Wilson then
presented a book to the Commission with her family history.
d) Police Department
Officer of the Month — August 2005
Detectives Richard Munoz & Victor Jackson
Officer of the Month - September 2005
Sgt. Larry Corbin, Officers Michael Stroface & Jerrell
Cleveland
Chief Martinez de Castro and Major Mills presented the
awards to the Officers of the Month.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
a) Minutes of September 27, 2005
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the minutes of September 27, 2005
passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES — October 18, 2005
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
C
1 b) Minutes of September 27, 2005 (Final Budget
2 Hearing)
3
4 Moved by Commissioner Wiscombe, seconded by Commissioner
5 Sherar, the motion to approve the minutes of September 27, Final
6 Budget Hearing, 2005 passed by a 5 -0 vote:
7
8 Commissioner Wiscombe: Yea
9 Commissioner Sherar: Yea
10 Vice Mayor Palmer: Yea
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
14 2. City Manager's Report:
15
16 a) Letter from Susan Redding
17
18 Ms. Davis read a letter from Susan Redding addressed to the
19 Mayor, the Commission and the City Manager.
20
21 b) Presentation of the classification and -pay plan
22 study by Cody & Associates.
23
24 Nick Pellegrino, Principal Partner with Cody & Associates,
25 Inc., conducted the presentation for the "Classification and Pay
26 Study." At the conclusion of his presentation, Mr. Pellegrino
27 responded to questions posed by the Commission for clarification.
28 He explained that the main objective of the study is to make sure
29 that the City is offering wages that would retain its people not
30 just for the present but for the future. He said that he finds
31 the salaries to be average and very conservative.
32
33 Ms. Davis also pointed out that also the purpose of the
34 study was as the result of some concerns expressed from the
35 Commission and from some residents that the employees were being
36 paid too much and that their salary ranges were higher than those
37 of comparable cities. Therefore, she was requested to conduct
38 this type of study.
39
40 With no more comments or questions, this presentation
41 concluded.
42
43 b) Notification of Grant Award for Sunday's on Sunset
44
45 Ms. Davis said to be pleased to advise the Commission that
46 we have received a grant in the amount of $3,562 for our "Sundays
47 on Sunset" from the Miami -Dade County Department of Cultural
48 Affairs.
49
REGULAR CITY COMMISSION 4
MINUTES - October 18, 2005
1 At this time Commissioner Sherar announced that he will not
2 be running for re- election because he is leaving South Florida.
3 He said that there are certain things that he will be pushing
4 along before he leaves, such as the Street closure on SW 50th
5 Street, and an issue with the Pension.
6
7 Vice Mayor Palmer at this time addressed the Commission and
8 the public by citing the Code with regard to the length of the
9 meetings which provides that they should end by 11:00 p.m. She
10 then urged everybody to cooperate so that they could go through
11 the 26 items on the agenda tonight. She said that passed 11:00
12 o'clock is very difficult to concentrate after a long day's work.
13
14 With no further comments, the City Manager's Report
15 concluded.
16
17 3. City Attorney's Report:
18
19 Mr. Figueredo spoke for clarification referring to previous
20 comments from a speaker, asserting that a Commissioner acted
21 improperly when she had her home painted by the Wounded Healers.
22 After he researched these allegations, looked into the matter,
23 and interviewed pertinent individuals, what he concluded is that
24 there was no unethical or improper conduct on the part of
25 Commissioner Birts- Cooper. He said that the Wounded Healers
26 Program is setup to benefit residents located in the CRA. The
27 Commissioner's home is located in the CRA and therefore is
28 eligible for the Program. Also, the Commissioner's home is part
29 of the class the Program was designed to benefit. He also
30 confirmed with Rev. Gay that the Wounded Healers do not charge to
31 paint homes, so the $400 check that was made by Commissioner
32 Birts- Cooper was a voluntary contribution that she did not have
33 to make; therefore it was not time sensitive.
34
35 With no further comments, the City Attorney's Report
36 concluded.
37
38
39 PUBLIC REMARKS
40 (5- minute limit)
41
42 David Tucker Sr. addressed the Commission with regard to the
43 items on the agenda in general.
44
45 Walter Harris thanked Commissioner Wiscombe for the item on
46 the Agenda regarding eminent domain. He then urged the Commission
47 to make an effort and try to be prepared for the meetings.
48
REGULAR CITY COMMISSION 5
MINUTES - October 18, 2005
1 Eda Harris said to be glad that Yvonne Beckman's case has
2 been dismissed.
3
4 Sharon McCain said that the agenda was too big. She then
5 referred to Lario's valet service which had been very slow on
6 Friday causing great inconvenience for motorists. She also
7 presented photos of potholes and piles of trash depicted in
8 different locations of the City.
9
10 City Manager Maria Davis explained for clarification that
11 because the emergency ordinance had been deferred to allow the
12 Commission for further review, she had no choice but to let the
13 contractors go until she could pay them when the ordinance is
14 approved.
15
16 Edward Sawyer spoke in support of the Eminent Domain
17 ordinance.
18
19 Horace Feliu also spoke in support of the eminent domain
20 ordinance, urging the Commission to support it as well.
21
22 Dick Ward commended Commissioner Wiscombe for his initiative
23 on the eminent domain ordinance.
24
25 Cathy McCann referred to the uncollected trash throughout
26 the City.
27
28 Yvonne Beckman referred to item no. 15 on the agenda
29 relating to the approval of the CRA budget, saying that it should
30 not be approved. She then raised questions with regard to the
31 Wounded Healers Program.
32
33 Scott Finely addressed the Commission with regard to a
34 letter he received from the City Attorney with the City's
35 intention to purchase his property located in the CRA.
36
37 Mark Stoner, a business owner in Commerce Lane, said that
38 since he addressed the Commission months ago with concerns about
39 the deterioration of that area it is looking much better now
40 after Code Enforcement has been enforcing the rules there.
41
42 Frank Cuzzocrea referred to the successful drive for
43 Hurricane Katrina and thanked the Mayor, the City Manager, Walter
44 Harris and Michael Miller for their help.
45
46 Mr. Mobley spoke in support of the eminent domain ordinance.
47
48 With no further speakers the public remarks were closed.
49
REGULAR CITY COMMISSION 6
MINUTES - October 18, 2005
1 At this time Commissioner Sherar pulled items no. 11, 15 and
2 16 (now nos. 14,15 and 16) .
3
4
5 CONSENT
6
7 126 -05 -12105
8 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
10 COMMITTEES; APPOINTING MICHAEL DAVIS TO SERVE ON THE
11 PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
12 17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
13 (Mayor Russell)
14
15
127 -05- 12106
16
5.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
17
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
18
COMMITTEES; APPOINTING LEWIS BEILMAN TO SERVE ON
THE
19
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
20
17, 2007; AND PROVIDING AN EFFECTIVE DATE.
3/5
21
(Mayor Russell)
22
23
128 -05- 12107
24
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
25
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
26
COMMITTEES; APPOINTING PAM. LAHIFF TO SERVE ON
THE
27
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
28
17, 2007; AND PROVIDING AN EFFECTIVE DATE.
3/5
29
(Mayor Russell)
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129 -05 -12108
32
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
33
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
34
COMMITTEES; RE- APPOINTING JUAN COMENDEIRO TO SERVE ON
35
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
36
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE.
3/5
37
(Mayor Russell)
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130 -05 -12109
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8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
41
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
42
COMMITTEES; RE- APPOINTING WILLIAM R. LIDDY TO SERVE ON
43
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
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OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE.
3/5
45
(Mayor Russell)
46
REGULAR CITY COMMISSION 7
MINUTES - October 18, 2005
1
131 -05 -12110
2
9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
4
COMMITTEES; RE- APPOINTING BRENDA J. YATES TO SERVE ON
5
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
6
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
7
(Mayor Russell)
8
9
132 -05 -12111
10
10.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
11
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
12
COMMITTEES; RE- APPOINTING C. DAVID MORTON TO SERVE ON
13
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
14
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
15
(Mayor Russell)
16
17
133 -05 -12112
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11.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
20
MANAGER TO DISBURSE $27,953.00 TO KILPATRICK TURF
21
EQUIPMENT, INC. FOR THE PURCHASE OF TURF MAINTENANCE
22
EQUIPMENT TO BE CHARGED TO THE PARKS AND RECREATION
23
DEPARTMENT'S OPERATING EQUIPMENT ACCOUNT NUMBER
24
001.2000.572.6430; PROVIDING AN EFFECTIVE DATE. 3/5
25
(City Manager)
26
27
134 -05- 12113
28
12.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
30
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
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FIGUEREDO, P.A. IN THE AMOUNT OF $18,728.37; CHARGING
32
$18,728.37 TO ACCOUNT NO. 001- 1500- 514 -3410, LEGAL
33
SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.
34
3/5
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(City Attorney)
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135 -05 -12114
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13.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
39
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
40
FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF
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$10,821.62; CHARGING ACCOUNT NO. 2100 -519 -3440,
42
CONSULTANT LABOR ATTORNEY; PROVIDING FOR AN EFFECTIVE
43
DATE. 3/5
44
(City Manager)
45
REGULAR CITY COMMISSION 8
MINUTES - October 18, 2005
1 Moved by Commissioner wiscombe, seconded by Commissioner
2 Birts- Cooper, the motion to approve the Consent Agenda passed by
3 a 5 -0 vote:
4
5 Commissioner Wiscombe: Yea
6 Commissioner Sherar: Yea
7 Vice Mayor Palmer: Yea
8 Commissioner Birts- Cooper: Yea
9 Mayor Russell: Yea
10
11
12 RESOLUTION(S)
13
14 14. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
15 THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING THE
16 NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS
17 FOR ALL INCIDENT MANAGEMENT FOR THE CITY OF SOUTH
18 MIAMI, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 3/5
19 (City Manager)
20
21 Moved by Commissioner Wiscombe, seconded by Vice Mayor
22 Palmer to approve this item.
23
24 Commissioner Sherar pulled this item. He explained that in
25 his view, there are other issues more important for the
26 government to focus on.
27
28 Lieutenant Ross, in response to Commissioner Sherar's
29 comments, explained that this was not in effect at the time of
30 Katrina. Lt. Ross then provided the Commission with a copy of a
31 document from the U.S. Department of Homeland Security and
32 explained in further detail the need for the adoption of the
33 National Incident Management System (NIMS).
34
35 Mayor Russell concurred with Lt. Ross, adding that the
36 measure makes sense in light of current events and because our
37 local police officers are the first responders. She said that we
38 (the City Commission) are the ones who will come to the table to
39 manage an emergency, should we have the misfortune of something
40 other than a natural disaster occurring. This way all the
41 agencies will be able to work together, the language is the
42 same, and we will all be well informed and be prepared as much
43 as possible.
44
45 With no further comments or discussion, the motion to
46 approve this item failed by a 1 -4 vote:
47
48 Commissioner Wiscombe: Nay
REGULAR CITY COMMISSION 9
MINUTES - October 18, 2005
1 Commissioner Sherar: Nay
2 Vice Mayor Palmer: Nay
3 Commissioner Birts- Cooper: Nay
4 Mayor Russell: Yea
5
6
7 136 -05- 12115
8 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA APPROVING A BUDGET FOR
10 THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOR THE
11 FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
12 SEPTEMBER 30, 2006; AUTHORIZING THE AGENCY TO SUBMIT
13 THE BUDGET TO MIAMI -DADE COUNTY FOR APPROVAL; AND
14 PROVIDING FOR AN EFFECTIVE DATE. 3/5
15 (City Manager)
16
17 Moved by Commissioner Wiscombe, seconded by Commissioner
18 Birts- Cooper to approve this item.
19
20 Commissioner Sherar pulled this item and explained that he
21 is just against the CRA budget.
22
23 With no further comments or discussion, the motion to
24 approve this item passed by a 3 -1 vote:
25
26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Nay
28 Vice Mayor Palmer: Out of the Room
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
31
32 137 -05 -12116
33 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
35 COMMISSION MEETINGS; RESCHEDULING THE SEPTEMBER 20,
36 2005 CITY COMMISSION MEETING TO SEPTEMBER 27, 2005,
37 STARTING AT 6:30 P.M.; PROVIDING AN EFFECTIVE DATE. 3/5
38 (Mayor Russell)
39
40 Moved by Commissioner Wiscombe, seconded by Commissioner
41 Birts- Cooper to approve this item.
42
43 Commissioner Sherar said that he did not know why we
44 cancelled the meeting.
45
46 Mayor Russell said that by noon the County was still
47 closed, the threats were still pending, and she had a number of
48 people calling to find out whether there was going to be a
REGULAR CITY COMMISSION 10
MINUTES - October 18, 2005
1
meeting or not. Therefore instead of waiting to the last minute,
2
she determined to let everybody know early so
that we could get
3
the word out. That is the reason we decided to
postpone it.
4
5
With no further comments or discussion, the motion to
6
approve this item passed by a 4 -1 vote.
7
8
Commissioner Wiscombe:
Yea
9
Commissioner Sherar:
Nay
10
Vice Mayor Palmer:
Yea
11
Commissioner Birts- Cooper:
Yea
12
Mayor Russell:
Yea
13
14
At this time, Ms. Davis explained that item no. 19 has no
15
further merit since the companion item was
voted down at a
16
previous meeting. The only reason for being on
the agenda tonight
17
is because it was advertised.
18
19
20 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
21
22
23 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER 21,
25 POWER OF EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED
26 "USE OF POWER OF EMINENT DOMAIN" WHICH WILL PREVENT
27 FUTURE CITY COMMISSIONS FROM AUTHORIZING THE FILING OF
28 EMINENT DOMAIN LAWSUITS WHEN THE END RESULT OF SUCH
29 ACTION WOULD BE TO SELL THE PROPERTY TO PRIVATE
30 PARTIES; PROVIDING FOR CODIFICATION, ORDINANCES IN
31 CONFLICT AND AN EFFECTIVE DATE. 3/5
32 (Commissioner Wiscombe)
33
34 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
35 Cooper to approve this item.
36
37 Commissioner Wiscombe said that one of the things that
38 bothered him the most when reading the Supreme Court decision
39 was the taking of private property from citizens or business
40 people. He said that it is unfair; people count on their
41 property for their livelihood and for their retirement in future
42 years, and having it taken away from them for private use is
43 totally wrong, and it is inexcusable for any Commission to
44 exercise that right. He said that he feels that if a
45 municipality wants a property, particularly our City, it needs
46 to come forward and offer the just value for that property. He
47 then referred to Section 21, page 2, line 9 of the proposed
REGULAR CITY COMMISSION 1 1
MINUTES - October 18, 2005
I ordinance, asking the City Attorney if amending that line by
2 substituting the word "residential" for the word "any" would
3 result in having to bring back the ordinance for a third
4 reading. Mr. Figueredo said that this is a material change and
5 it would definitely need to come back for a third reading and
6 for public hearing.
7
8 Commissioner Wiscombe said that he feels that everybody
9 needs to be protected, including the business owners. He said
10 that he feels that we should encompass the entire community on
11 this, not just a portion of it.
12
13 At this time the public hearing was opened.
14
15 Cathy McCann said that she does not think that the language
16 on Section 21 -03 of the proposed ordinance is clear because it
17 has the possibility of changes and interpretations. She then
18 recommended that the ordinance should include a provision
19 stating that before the City may use the power of eminent domain
20 for any property, it must go to the public for a vote.
21
22 David Tucker Sr. addressed the Commission by referring to
23 US history as it applies to the subject matter.
24
25 Yvonne Beckman thanked Commissioner Wiscombe for bringing
26 this ordinance forward. She also concurred with Ms. McCann's
27 recommendation with regard to the recommended referendum clause.
28
29 Sharon McCain questioned the language under Section 21.02
30 in terms of the definition of "public use."
31
32 Jay Beckman said that a future City Commission can always
33 void this ordinance; therefore, what this Commission is doing is
34 making a statement, and not preventing future actions. He also
35 said to agree to the proposed amendment of lines 9 and 26.
36
37 Frank Cuzzocrea urged the Commission to support the
38 ordinance on eminent domain, and to forward it to all local and
39 county governments.
40
41 Beth Schwartz also spoke in support of the eminent domain
42 ordinance.
43
44 With no further speakers, the public hearing was closed.
45
46 Commissioner Birts- Cooper said that she went over the
47 ordinance and all the back up very carefully and that she is
48 very much in favor of it. She also said that she wants to see
49 the commercial area included in the ordinance.
50
REGULAR CITY COMMISSION 12
MINUTES - October 18, 2005
1 Commissioner Sherar clarified some points brought up by
2 speakers. He said that before the power of eminent domain is
3 exercised there is a legal process to go through. Just because a
4 house may have been found inhabitable it does not mean that the
5 property will be taken away. The property owner is allowed to
6 bring it back in habitable condition and the process stops then
7 and there.
8
9 Vice Mayor Palmer said that she has been in support of this
10 ordinance from day one. Her only concern has been in terms of
11 the definition of "public use" since it could be anything, and
12 that she is still concerned with the language relating to
13 "public use" in the proposed ordinance because she finds it
14 vague. Furthermore, she said that there is no protection in that
15 section.
16
17 Commissioner Birts- Cooper asked as to how this would affect
18 the Hometown Plan.
19
20 Mr. O'Donniley said that the CRA has been in existence for
21 five years and there has never been any provision in the CRA
22 Plan that addresses taking property in Commerce and Progress.
23 The only place that we have an economic development initiative
24 on is Madison Square.
25
26 At this time Mayor Russell referred to line 31 on page one
27 of the proposed ordinance, asking the City Attorney whether an
28 ordinance that we draft today could prevent a City Commission
29 ten years from now from doing something. Mr. Figueredo said that
30 what will prevent a future City Commission from exercising
31 eminent domain is if it does not adhere to the terms of this
32 ordinance. They can only amend the ordinance; this is just a
33 guideline for future City Commissions.
34
35 Commissioner Sherar pointed out that the "whereas" clauses
36 are for legislative intent and are used to clarify questions
37 that may arise in court.
38
39 Mayor Russell then referred to Sec. 21 -01 for change in the
40 language. She suggested that perhaps the word "occupied" should
41 be included.
42
43 Attorney Figueredo said that this raises an interesting
44 constitutional question in his mind that he has not even
45 considered; and that would be creating classes, he added.
46
47 Mayor Russell then referred to Sec. 21 -03 to make sure that
48 the Madison Square project would be protected. Mr. Figueredo
49 said that the language was used for protection of that project.
50
REGULAR CITY COMMISSION 13
MINUTES - October 18, 2005
1 Commissioner Wiscombe then referred to line 9 under Sec.
2 21 -01, and line 26 under Sec. 21 -03, moving an amendment to
3 substitute the word "residential" with the word "any." Seconded
4 by Vice Mayor Palmer, the motion to amend passed by a 5 -0 vote:
5
6 Commissioner Wiscombe: Yea
7 Commissioner Sherar: Yea
8 Vice Mayor Palmer: Yea
9 Commissioner Birts - Cooper: Yea
10 Mayor Russell: Yea
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12 Commissioner Sherar said that on second reflection, he
13 would not proceed to include a provision for a referendum
14 because sometimes Commissions make hard decisions with which the
15 public does not go along, and these decisions may pertain to
16 roads, railroads, canals, etc.
17
18 With no further comments or discussion, the motion to
19 approve this item as amended passed by 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 36 -05 -1858
29 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
31 MANAGER TO ENTER INTO A 36 -MONTH COPIER LEASE AGREEMENT
32 WITH BARLOP BUSINESS SYSTEMS AND ITS LEASING COMPANY
33 BANC OF AMERICA LEASING, IN THE AMOUNT OF $29,600.00
34 PLUS OVERAGES PER YEAR FOR THE NEXT THREE YEARS;
35 CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001- 1320
36 513.4710 TITLED "PRINTING /BINDING /PHOTOCOPY "; PROVIDING
37 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
38 EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Commissioner Sherar, seconded by Commissioner
42 Wiscombe to approve this item.
43
44 Ms. Davis explained that this is the second reading of this
45 ordinance simply because it is a multi -year contract.
46
47 Public hearing was opened and closed with no speakers.
48
REGULAR CITY COMMISSION 14
MINUTES -.October 18, 2005
1 Vice Mayor Palmer proposed the idea of buying versus
2 leasing the equipment.
3
4 Purchasing Manager, Kathy Vazquez, explained that most of
5 these equipments have a life expectancy based on high volume
6 usage and that is approximately three years. After that time, as
7 the equipment starts getting older the maintenance increases as
8 well. The cost would be about the same and we would be
9 constantly having problems with the aged equipment. She said
10 that this is based on her experience; and another factor is the
it rapid change in technology. Every time we replace them we get
12 upgraded equipment for a little more money and with more
13 features.
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15 With no further comments or discussion, the motion to
16 approve this item passed by a 4 -0 vote:
17
18 Commissioner Wiscombe: Out of the Room
19 Commissioner Sherar: Yea
20 Vice Mayor Palmer: Yea
21 Commissioner Birts- Cooper: Yea
22 Mayor Russell: Yea
23
24 ORDINANCE (S) FIRST READING
25
26 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING AND TRANSMITTING'
28 THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S
29 COMPREHENSIVE PLAN FOR REVIEW AND COMMENT AND
30 REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY
31 AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE
32 EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S'
33 COMPREHENSIVE PLAN TO THE SOUTH FLORIDA REGIONAL
34 PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF
35 THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
36 DEVELOPMENT REGULATIONS ACT; PROVIDING FOR SEVERABILTY;
37 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
38 EFFECTIVE DATE. 3/5
39 (City Manager)
40
41 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
42 to approve this item.
43
44 Mr. O'Donniley presented a quick overview of the document
45 that establishes future goals for the City and policies as to
46 how to achieve the goals. He then introduced representatives of
47 the Codina Group who presented a complete report by Powerpoint.
48
REGULAR CITY COMMISSION 15
MINUTES - October 18, 2005
1 At the conclusion of the presentation by the consultant,
2 Mr. O'Donniley explained that after the Commission adopts the
3 EAR, the amendments are considered, and the State mandates that
4 the document be finished by May 1, 2007. He explained that the
5 process that the State uses is called "Observations,
6 Recommendations and Comments Report" and by state law they have
7 60 days in which to respond to that. After we receive their
8 comments, we have 30 days to respond to those. Amendments are
9 made as a response document and that is transmitted to them as a
10 whole clause; normally we try to work with them so that we
11 address every question, and that point they have a "finding of
12 sufficiency" which means that we have completed the EAR process
13 and we are now into the amendment phase.
14
15 Mayor Russell then said that it would be helpful for them
16 to have a workshop on the final document prior to the second
17 reading and public hearing. This was unanimously approved by the
18 Commission by acclamation.
19
20 With no further comments or discussion, the motion to
21 approve this item 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 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
31 (Cont'd)
32
33 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15 OF
35 THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
36 RELATING TO THE ESTABLISHMENT OF A PROCEDURE FOR PUBLIC
37 NUISANCE ABATEMENT; FINDINGS OF THE CITY COMMISSION;
38 DECLARATION OF PUBLIC NUISANCE; DUTIES OF THE DIRECTOR
39 OF COMMUNITY DEVELOPMENT; NOTICE TO OWNER, AGENT OR
40 PERSON IN CONTROL OF ANY PERSONAL OR REAL PROPERTY UPON
41 WHICH A PUBLIC NUISANCE EXISTS; APPEAL; DUTIES OF CITY
42 ATTORNEY; RECOVERY OF COST AND REASONABLE ATTORNEYS
43 FEES; FILING OF LIENS; PROVIDING FOR SEVERABILITY,
44 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
45 (City Manager)
46
REGULAR CITY COMMISSION 16
MINUTES - October 18, 2005
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Moved by Commissioner Birts- Cooper, seconded by Mayor
Russell to approve this item.
The public hearing was opened at this time.
Beth Schwartz requested clarification as to the reason for
this item to be on the agenda. Commissioner Wiscombe explained
that this was just for technical reasons since the item had been
advertised.
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
RESOLUTION (S) /PUBLIC HEARING (S)
138 -05 -12117
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE
OF A CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR
IMPROVEMENTS TO A DESIGNATED HISTORIC BUILDING LOCATED
AT 6227 SW 57 STREET (CAMBRIDGE LAWNS HISTORIC
DISTRICT) ; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe to approve this item.
Mr. O'Donniley explained that the Historic Preservation
Board, at its meeting of August 29, 2005, unanimously
recommended approval of the "certificate of appropriateness"
application for exterior improvements on the above property.
Staff also recommended approval of the application with
conditions as stated in their report.
Public hearing was opened at this time.
Applicant /owner, Marice Chael, addressed the Commission
requesting approval of the application.
Public hearing was closed with no further speakers.
REGULAR CITY COMMISSION 17
MINUTES - October 18, 2005
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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
139 -05 -12118
22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED
REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT
THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND
LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION"
(PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54
SOUTH, RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI -DADE
COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts - Cooper to approve this item.
Mr. O'Donniley presented the item explaining that the
purpose of the re -plat is a technical correction to the plat
approved in 2003.
Public hearing was opened.
David Tucker Sr. addressed
this item saying that this is a
any type of debate in the future.
the Commission in support of
simple process for clarifying
Edith Landowne asked for clarification as to the location
of the proposed re -plat. She said that she was concerned because
that intersection is very dangerous.
Mr. O'Donniley explained that this does not affect the
bypath at all; this is to the interior edge of the property.
This is just a line drawn on a piece of paper and this takes it
off the paper, he added.
Carlos del Valle, the surveyor, explained that the purpose
of the re -plat is to vacate and abandon an error by the previous
surveyor; this does not change the limit of the boundary in any
way, shape or form; it is just to vacate that 10 -foot wide
perimeter easement around the property.
The public hearing was closed at this time.
REGULAR CITY COMMISSION 18
MINUTES - October 18, 2005
1
2 Commissioner Sherar asked what is going on with the
3 redesign of the building.
4
5 Hank Marks, from Hometown Station, addressed the
6 Commission. He said that they held several meetings over the
7 last few months with Commissioner Wiscombe and with several
8 staff members where they addressed the concerns that everybody
9 had with regard to the design of the building; and at that time,
10 they handed out renderings with the redesign of the building.
11 The last issue was the color of the building since Commissioner
12 Wiscombe asked for some lighter tones. The other major issue he
13 said was, who was going to pay for the changes, but the Housing
14 Department has agreed to go ahead and pay for the changes
15 because they are considerable, something close to a quarter of a
16 million dollars.
17
18 Commissioner Sherar said that he appreciates all the time
19 that has been spent on this but he said that he would not
20 support it because even though they have done an improvement it
21 is not the same as what they showed in their original package.
22
23 With no further comments or discussion, the motion to
24 approve this item passed by a 4 -1 vote:
25
26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Nay
28 Vice Mayor Palmer: Yea
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
31
32 Moved by Commissioner Sherar, seconded by Commissioner
33 Wiscombe, the motion to extend the meeting to 11:15 p.m. passed
34 unanimously by acclamation.
35
36 23. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
37 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
38 VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
39 CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE
40 FRONT SETBACK AREA RESULTING IN A VARIANCE REQUEST TO
41 PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF
42 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A PROPERTY
43 WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE
44 DISTRICT, LOCATED AT 5890 SW 84 STREET, SOUTH MIAMI,
45 FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW
46 ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
47 (City Manager)
48
REGULAR CITY COMMISSION 19
MINUTES - October 18, 2005
1 Moved by Commissioner Wiscombe, seconded by Vice Mayor
2 Palmer, the motion to defer this item for six months as
3 requested by the applicant, passed by a 5 -0 vote:
4
5 Commissioner Wiscombe: Yea
6 Commissioner Sherar: Yea
7 Vice Mayor Palmer: Yea
8 Commissioner Birts- Cooper: Yea
9 Mayor Russell: Yea
10
11
12 ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
13 (NONE)
14
15 ORDINANCE (S) FIRST READING
16 (Cont'd)
17
18 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
20 MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE -
21 BOOM CRANE /LOADER), A 2006 26 -CUBIC YARD TRASH TRUCK
22 AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF
23 $225,376.09 WITH THE FIRST YEAR'S INSTALLMENT PAYMENT
24 OF FIVE PAYMENTS NOT TO EXCEED $45,075.22 TO BE CHARGED
25 TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS
26 ACCOUNT NUMBERS 001 - 1720 - 534 -4455 AND 111- 1730 -541-
27 4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN
28 CONFLICT, AND AN EFFECTIVE DATE. 3/5
29 (City Manager)
30
31 Moved by Commissioner Sherar, seconded by Commissioner
32 Wiscombe to approve this item.
33
34 Ms. Davis presented this item explaining that the reason
35 this is in ordinance form is because it is a multi -year
36 financing agreement. we are piggybacking on various counties and
37 cities bids. We received a very low rate of 4.07% and this has
38 been budgeted for the fiscal year 05 -06.
39
40 With no comments or discussion, the motion to approve this
41 item passed by a 5 -0 vote:
42
43 Commissioner Wiscombe: Yea
44 Commissioner Sherar: Yea
45 Vice Mayor Palmer: Yea
46 Commissioner Birts- Cooper: Yea
47 Mayor Russell: Yea
REGULAR CITY COMMISSION 20
MINUTES - October 18, 2005
1 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
3 MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH
4 THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF
5 ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005 -06
6 SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS
7 DEPARTMENT ACCOUNT NUMBER 001- 1710 - 519 -4670; PROVIDING
8 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
9 EFFECTIVE DATE. 3/5
10 (City Manager)
11
12 Moved by Commissioner Sherar, seconded by Commissioner
13 Wiscombe to approve this item.
14
15 Ms. Davis also presented this item. Again she explained
16 that this is a multi -year elevator maintenance contract that we
17 are piggybacking from Miami -Dade County and that she is asking
18 authorization to enter into a contract with them. The cost of
19 the maintenance is $4,020 per year.
20
21 With no comments or discussion, the motion to approve this
22 item passed by a 5 -0 vote:
23
24 Commissioner Wiscombe: Yea
25 Commissioner Sherar: Yea
26 Vice Mayor Palmer: Yea
27 Commissioner Birts- Cooper: Yea
28 Mayor Russell: Yea
29
30 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA RELATING TO GARBAGE AND
32 TRASH; AMENDING SECTION 11 -23(a) OF THE CODE OF
33 ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE;
34 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
35 AN EFFECTIVE DATE. 3/5
36 (City Manager)
37
38 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
39 to approve this item.
40
41 Ms. Davis presented this item. During the 05 -06 budget
42 process, staff recommended to increase in excess trash fees by
43 20 This is the first reading of the ordinance to amend the fee
44 schedule to increase bulk trash pick up.
45
46 Commissioner Wiscombe referred to an email he sent to Ms.
47 Davis regarding a big pile of trash at the corner of SW 77th
48 Terrace and Ludlam. Rudy de la Torre said that most of it is
REGULAR CITY COMMISSION 21
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still there. Commissioner Wiscombe said that he wanted to make
sure that they get billed because they do not qualify for free
pick up since that was done after Katrina.
Commissioner Birts- Cooper said that some residents still
have trash in their backyards as the result of Katrina. Ms.
Davis said that it is too late now; but she recommended putting
it out a little bit at a time; and not putting a big pile out
there or they will be charged.
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
There were no Commission remarks.
There being no further business to come before this Body,
the meeting adjourned at 11:08 p.m.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
22
Approved
Mary Scott Russell
Mayor