11-15-05 Item 1ai
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1, City of South Miami
2 Regular City Commission Minutes
3 October 18, 2005
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, October 18, 2005, beginning at
6:45 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 in silence.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
125 -05 -12104
D. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING THE APPROVAL OF A
SIGNAGE INSTALLATION TO BE LOCATED AT 6220 SOUTH
DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
to approve this item.
Mr. O'Donniley presented the item. The applicant requested
approval for an oval shaped sign measuring 30.6 sq. ft.; the
ERPB felt that the size requested was not in their judgment
aesthetically proportioned for the existing wall space above the
storefront. The ERPB suggested that the sign be reduced to 18
sq. ft.
In response to the Commission's question, Mr. O'Donniley
said that the options are: that the applicant comes back with a
different design; to grant approval with conditions; or, to deny
the appeal.
REGULAR CITY COMMISSION 1
MINUTES - October 18, 2005
Applicant Alice Goodhart explained that she loved her old
sign; however, her franchise told her that they have a new sign
and that she needs to comply with them. She said that this is
not her choice, and that the proposed sign was approved by the
landlord before she submitted it to the City. Mr. O'Donniley
said that the fact about the franchise sign was new information.
Ms. Goodhart said that this is an unjust financial burden on her
as a local business owner. She asked that the Commission grant
again what she previously enjoyed, which was approved by the
City ten years ago in conformity with the entire shopping
center. She then introduced Mr. Luis Berthin with "Sign -a-
arama." Mr. Berthin addressed the Commission briefly about some
technical details.
At the end of the discussion, the Commission concluded that
they did not find the proposed sign offensive.
Mayor Russell said that the consensus of the Commission was
to go forward with the application as originally presented, and
asked Mr. Figueredo as to what they would need to change on the
resolution as drafted. Mr. Figueredo recommended to modify
Section l on the resolution to read as follows: "the appeal of
the decision of the Environmental Review and Preservation Board
made on July 18, 2005 regarding the approval of a signage
installation located at 6220 S. Dixie Highway is denied affirmed
with the following condition: that the sign be allowed a maximum
of 32 sq. ft. This motion was moved by Commission Wiscombe,
seconded by Commissioner Birts- Cooper. The amendment and the
amended resolution as a whole passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Mr. O'Donniley clarified that there would be no additional
cost for amending what is originally on file.
E. Presentations:
a) Plaque presented to City of South Miami from the National
League of Cities for 25 years of membership and dedicated
service.
Commissioner Birts- Cooper, as the League's Liason, presented
the plaque to the City on behalf of the National League of
Cities.
REGULAR CITY COMMISSION 2
MINUTES - October 18, 2005
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2 b) Proclamation for South Florida Chapter Alzheimer's
3 Association Annual "Memory Walk."
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5 This presentation was deferred because the event has been
6 cancelled.
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8 c) Ms. Jane Wilson to speak about donating a sculpture (The
9 Bakery Icon) belonging to the Fuchs Family.
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11 Ms. Wilson presented her offer to the City, free of cost.
12 The offer consists of a sculpture that was made from the Holsum
13 Bakery, Ms. Wilson's family business, which used to be in the
14 City for 48 years. Ms. Wilson graciously spoke briefly about the
15 history of her family, who established their bakery business in
16 South Miami in 1934.
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18 The Commission accepted Ms. Wilson's generous offer by
19 acclamation.
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21 Commissioner Wiscombe recommended that the Historic
22 Preservation Board be involved in the process. Ms. Wilson then
23 presented a book to the Commission with her family history.
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25 d) Police Department
26 Officer of the Month - August 2005
27 Detectives Richard Munoz & Victor Jackson
28 Officer of the Month - September 2005
29 Sgt. Larry Corbin, Officers Michael Stroface & Jerrell
30 Cleveland
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32 Chief Martinez de Castro and Major Mills presented the
33 awards to the Officers of the Month.
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36 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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38 1. Approval of Minutes:
39 a) Minutes of September 27, 2005
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41 Moved by Commissioner Wiscombe, seconded by Commissioner
42 Sherar, the motion to approve the minutes of September 27, 2005
43 passed by a 5 -0 vote:
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45 Commissioner Wiscombe: Yea
46 Commissioner Sherar: Yea
47 Vice Mayor Palmer: Yea
48 Commissioner Birts - Cooper: Yea
49 Mayor Russell: Yea
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
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b) Minutes of September 27, 2005 (Final Budget
Hearing)
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the minutes of September 27, Final
Budget Hearing, 2005 passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
2. City Manager's Report:
a) Letter from Susan Redding
Ms. Davis read a letter from Susan Redding addressed to the
Mayor, the Commission, and the City Manager.
b) Presentation of the classification and pay plan
study by Cody & Associates.
Nick Pellegrino, Principal Partner with Cody & Associates,
Inc., conducted the presentation for the "Classification and Pay
Study." At the conclusion of his presentation, Mr. Pellegrino
responded to questions posed by the Commission for clarification.
He explained that the main objective of the study is to make sure
that the City is offering wages that would retain its people not
just for the present but for the future. He said that he finds
the salaries to be average and very conservative.
Ms. Davis also pointed out that also the purpose of the
study was as the result of some concerns expressed by the
Commission and by some residents that the employees were being
paid too much and that their salary ranges were higher than those
of comparable cities. Therefore, she was requested to conduct
this type of study.
With no more comments or questions, this presentation
concluded.
b) Notification of Grant Award for Sunday's on Sunset
Ms. Davis said to be pleased to advise the Commission that
we have received a grant in the amount of $3,562 for our "Sundays
on Sunset" from the Miami -Dade County Department of Cultural
Affairs.
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.
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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.
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14 With no further comments, the City Manager's Report
15 concluded.
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17 3. City Attorney's Report:
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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.
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35 With no further comments, the City Attorney's Report
36 concluded.
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39 PUBLIC REMARKS
40 (5- minute limit)
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42 David Tucker Sr. addressed the Commission with regard to the
43 items on the agenda in general.
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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.
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REGULAR. CITY COMMISSION 55
MINUTES - October 18, 2005
1 Eda Harris said to be glad that Yvonne Beckman's case has
2 been dismissed.
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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.
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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.
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16 Edward Sawyer spoke in support of the Eminent Domain
17 ordinance.
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19 Horace Feliu also spoke in support of the eminent domain
20 ordinance, urging the Commission to support it as well.
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22 Dick Ward commended Commissioner Wiscombe for his initiative
23 on the eminent domain ordinance.
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25 Cathy McCann referred to the uncollected trash throughout
26 the City.
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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.
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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.
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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.
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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.
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46 Mr. Mobley spoke in support of the eminent domain ordinance.
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48 With no further speakers the public remarks were closed.
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REGULAR CITY COMMISSION
MINUTES - October 18, 2005
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At this time Commissioner Sherar pulled items no. 11, 15 and
16 (now nos. 14, 15 and 16).
CONSENT
126 -05 -12105
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MICHAEL DAVIS TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
127 -05 -12106
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LEWIS BEILMAN TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
128 -05 -12107
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING PAM LAHIFF TO SERVE ON THE
PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER
17, 2007; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
129 -05- 12108
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING JUAN COMENDEIRO TO SERVE ON
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
130 -05 -12109
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING WILLIAM R. LIDDY TO SERVE ON
THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
OCTOBER 171 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
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131 -05 -12110
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9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
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COMMITTEES; RE- APPOINTING BRENDA J. YATES TO SERVE ON
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THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
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OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
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(Mayor Russell)
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132 -05- 12111
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10.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
12
COMMITTEES; RE- APPOINTING C. DAVID MORTON TO SERVE ON
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THE PLANNING BOARD FOR A TERM OF ONE YEAR, ENDING
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OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
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(Mayor Russell)
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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
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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
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001.2000.572.6430; PROVIDING AN EFFECTIVE DATE. 3/5
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(City Manager)
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134 -05 -12113
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12.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
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FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
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FIGUEREDO, P.A. IN THE AMOUNT OF $18,728.37; CHARGING
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$18,728.37 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL
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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,
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CONSULTANT LABOR ATTORNEY; PROVIDING FOR AN EFFECTIVE
43
DATE. 3/5
44
(City Manager)
45
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
8
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
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12 RESOLUTION(S)
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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
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MINUTES - October 18, 2005
1 Commissioner Sherar: Nay
2 Vice Mayor Palmer: Nay
3 Commissioner Birts- Cooper: Nay
4 Mayor Russell: Yea
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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:
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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.
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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
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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
it Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
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15 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
16
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18 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER 21,
20 POWER OF EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED
21 "USE OF POWER OF EMINENT DOMAIN" WHICH WILL PREVENT
22 FUTURE CITY COMMISSIONS FROM AUTHORIZING THE FILING OF
23 EMINENT DOMAIN LAWSUITS WHEN THE END RESULT OF SUCH
24 ACTION WOULD BE TO SELL THE PROPERTY TO PRIVATE
25 PARTIES; PROVIDING FOR CODIFICATION, ORDINANCES IN
26 CONFLICT AND AN EFFECTIVE DATE. 3/5
27 (Commissioner Wiscombe)
28
29 Moved by Vice Mayor Palmer, seconded by Commissioner Birts-
30 Cooper to approve this item.
31
32 Commissioner Wiscombe said that one of the things that
33 bothered him the most when reading the Supreme Court decision
34 was the taking of private property from citizens or business
35 people. He said that it is unfair; people count on their
36 property for their livelihood and for their retirement in future
37 years, and having it taken away from them for private use is
38 totally wrong, and it is inexcusable for any Commission to
39 exercise that right. He said that he feels that if a
40 municipality wants a property, particularly our City, it needs
41 to come forward and offer the just value for that property. He
42 then referred to Section 21, page 2, line 9 of the proposed
43 ordinance, asking the City Attorney if amending that line by
44 substituting the word "residential" for the word "any" would
45 result in having to bring back the ordinance for a third
46 reading. Mr. Figueredo said that this is a material change and
REGULAR CITY COMMISSION 1 1
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1 it would definitely need to come back for a third reading and
2 for public hearing.
3
4 Commissioner Wiscombe said that he feels that everybody
5 needs to be protected, including the business owners. He said
6 that he feels that we should encompass the entire community on
7 this, not just a portion of it.
8
9 At this time the public hearing was opened.
10
11 Cathy McCann said that she does not think that the language
12 on Section 21 -03 of the proposed ordinance is clear because it
13 has the possibility of changes and interpretations. She then
14 recommended that the ordinance should include a provision
15 stating that before the City may use the power of eminent domain
16 for any property, it must go to the public for a vote.
17
18 David Tucker Sr. addressed the Commission by referring to
19 US history as it applies to the subject matter.
20
21 Yvonne Beckman thanked Commissioner Wiscombe for bringing
22 this ordinance forward. She also concurred with Ms. McCann's
23 recommendation with regard to the recommended referendum clause.
24
25 Sharon McCain questioned the language under Section 21.02
26 in terms of the definition of "public use."
27
28 Jay Beckman said that a future City Commission can always
29 void this ordinance; therefore, what this Commission is doing is
30 making a statement, and not preventing future actions. He also
31 said to agree to the proposed amendment of lines 9 and 26.
32
33 Frank Cuzzocrea urged the Commission to support the
34 ordinance on eminent domain, and to forward it to all local and
35 county governments.
36
37 Beth Schwartz also spoke in support of the eminent domain
38 ordinance.
39
40 With no further speakers, the public hearing was closed.
41
42 Commissioner Birts- Cooper said that she went over the
43 ordinance and all the back up very carefully and that she is
44 very much in favor of it. She also said that she wants to see
45 the commercial area included in the ordinance.
46
47 Commissioner Sherar clarified some points brought up by
48 speakers. He said that before the power of eminent domain is
49 exercised there is a legal process to go through. Just because a
50 house may have been found inhabitable it does not mean that the
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1 property will be taken away. The property owner is allowed to
2 bring it back in habitable condition and the process stops then
3 and there.
4
5 Vice Mayor Palmer said that she has been in support of this
6 ordinance from day one. Her only concern has been in terms of
7 the definition of "public use" since it could be anything, and
8 that she is still concerned with the language relating to
9 "public use" in the proposed ordinance because she finds it
10 vague. Furthermore, she said that there is no protection in that
11 section.
12
13 Commissioner Birts - Cooper asked as to how this would affect
14 the Hometown Plan.
15
16 Mr. O'Donniley said that the CRA has been in existence for
17 five years and there has never been any provision in the CRA
18 Plan that addresses taking property in Commerce and Progress.
19 The only place on which we have an economic development
20 initiative is Madison Square.
21
22 At this time Mayor Russell referred to line 31 on page one
23 of the proposed ordinance, asking the City Attorney whether an
24 ordinance that we draft today could prevent a City Commission
25 ten years from now from doing something. Mr. Figueredo said that
26 what will prevent a future City Commission from exercising
27 eminent domain is if it does not adhere to the terms of this
28 ordinance. They can only amend the ordinance; this is just a
29 guideline for future City Commissions.
30
31 Commissioner Sherar pointed out that the "whereas" clauses
32 are for legislative intent and are used to clarify questions
33 that may arise in court.
34
35 Mayor Russell then referred to Sec. 21 -01 for change in the
36 language. She suggested that perhaps the word "occupied" should
37 be included.
38
39 Attorney Figueredo said that this raises an interesting
40 constitutional question in his mind that he has not even
41 considered; and that would be creating classes, he added.
42
43 Mayor Russell then referred to Sec. 21 -03 to make sure that
44 the Madison Square project would be protected. Mr. Figueredo
45 said that the language was used for protection of that project.
46
47 Commissioner Wiscombe then referred to line 9 under Sec.
48 21 -01, and line 26 under Sec. 21 -03, moving an amendment to
49 substitute the word "residential" with the word "any." Seconded
50 by Vice Mayor Palmer, the motion to amend passed by a 5 -0 vote:
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2 Commissioner Wiscombe: Yea
3 Commissioner Sherar: Yea
4 Vice Mayor Palmer Yea
5 Commissioner Birts- Cooper: Yea
6 Mayor Russell Yea
7
8 Commissioner Sherar said that on second reflection, he
9 would not proceed to include a provision for a referendum
10 because sometimes Commissions make hard decisions with which the
it public does not go along, and these decisions may pertain to
12 roads, railroads, canals, etc.
13
14 With no further comments or discussion, the motion to
15 approve this item as amended 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 36 -05 -1858
25 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
27 MANAGER TO ENTER INTO A 36 -MONTH COPIER LEASE AGREEMENT
28 WITH BARLOP BUSINESS SYSTEMS AND ITS LEASING COMPANY
29 BANC OF AMERICA LEASING, IN THE AMOUNT OF $29,600.00
30 PLUS OVERAGES PER YEAR FOR THE NEXT THREE YEARS;
31 CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 -1320-
32 513.4710 TITLED "PRINTING /BINDING /PHOTOCOPY "; PROVIDING
33 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
34 EFFECTIVE DATE. 3/5
35 (City Manager)
36
37 Moved by Commissioner Sherar, seconded by Commissioner
38 Wiscombe to approve this item.
39
40 Ms. Davis explained that this is the second reading of this
41 ordinance simply because it is a multi -year contract.
42
43 Public hearing was opened and closed with no speakers.
44
45 Vice Mayor Palmer proposed the idea of buying versus
46 leasing the equipment.
47
48 Purchasing Manager, Kathy Vazquez, explained that most of
49 these equipments have a life expectancy based on high volume
REGULAR CITY COMMISSION 14
MINUTES - October 18, 2005
1 usage and that is approximately three years. After that time, as
2 the equipment starts getting older and the maintenance increases
3 as well. The cost would be about the same and we would be
4 constantly having problems with the aged equipment. She said
5 that this is based on her experience; and another factor is the
6 rapid change in technology. Every time we replace them we get
7 upgraded equipment for a little more money and with more
8 features.
9
10 With no further comments or discussion, the motion to
11 approve this item passed by a 4 -0 vote:
12
13 Commissioner Wiscombe: Out of the Room
14 Commissioner Sherar: Yea
15 Vice Mayor Palmer: Yea
16 Commissioner Birts- Cooper: Yea
17 Mayor Russell: Yea
18
19 ORDINANCE (S) FIRST READING
20
21 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING AND TRANSMITTING
23 THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S
24 COMPREHENSIVE PLAN FOR REVIEW AND COMMENT AND
25 REQUESTING THAT THE FLORIDA DEPARTMENT OF COMMUNITY.
26 AFFAIRS DELEGATE THE SUFFICIENCY REVIEW OF THE
27 EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S
28 COMPREHENSIVE PLAN TO THE SOUTH FLORIDA REGIONAL
29 PLANNING COUNCIL (SFRPC) PURSUANT TO THE PROVISIONS OF
30 THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
31 DEVELOPMENT REGULATIONS ACT; PROVIDING FOR SEVERABILTY;
32 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
33 EFFECTIVE DATE. 3/5
34 (City Manager)
35
36 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
37 to approve this item.
38
39 Mr. O'Donniley presented a quick overview of the document
40 that establishes future goals for the City and policies as to
41 how to achieve the goals. He then introduced representatives of
42 the Codina Group who presented a complete report by Powerpoint.
43
44 At the conclusion of the presentation by the consultant,
45 Mr. O'Donniley explained that after the Commission adopts the
46 EAR, the amendments are considered, and the State mandates that
47 the document be finished by May 1, 2007. He explained that the
48 process that the State uses is called "Observations,
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
15
1 Recommendations and Comments Report" and by state law they have
2 60 days in which to respond to that. After we receive their
3 comments, we have 30 days to respond to those. Amendments are
4 made as a response document and that is transmitted to them as a
5 whole clause; normally we try to work with them so that we
6 address every question, and at that point they produce a
7 "finding of sufficiency" which means that we have completed the
8 EAR process and we are now into the amendment phase.
9
10 Mayor Russell then said that it would be helpful for them
11 to have a workshop on the final document prior to the second
12 reading and public hearing. This was unanimously approved by the
13 Commission by acclamation.
14
15 With no further comments or discussion, the motion to
16 approve this item passed by a 5 -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)
26 (Cont'd)
27
28 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15 OF
30 THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
31 RELATING TO THE ESTABLISHMENT OF A PROCEDURE FOR PUBLIC
32 NUISANCE ABATEMENT; FINDINGS OF THE CITY COMMISSION;
33 DECLARATION OF PUBLIC NUISANCE; DUTIES OF THE DIRECTOR
34 OF COMMUNITY DEVELOPMENT; NOTICE TO OWNER, AGENT OR
35 PERSON IN CONTROL OF ANY PERSONAL OR REAL PROPERTY UPON
36 WHICH A PUBLIC NUISANCE EXISTS; APPEAL; DUTIES OF CITY
37 ATTORNEY; RECOVERY OF COST AND REASONABLE ATTORNEYS
38 FEES; FILING OF LIENS; PROVIDING FOR SEVERABILITY,
39 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
40 (City Manager)
41
42 Moved by Commissioner Birts - Cooper, seconded by Mayor
43 Russell to approve this item.
44
45 The public hearing was opened at this time.
46
REGULAR CITY COMMISSION 16
MINUTES - October 18, 2005
1 Beth Schwartz requested clarification as to the reason for
2 this item to be on the agenda. Commissioner Wiscombe explained
3 that this was just for technical reasons since the item had been
4 advertised.
5
6 With no further comments or discussion, the motion to
7 approve this item failed by a 0 -5 vote:
8
9 Commissioner Wiscombe: Nay
10 Commissioner Sherar: Nay
11 Vice Mayor Palmer: Nay
12 Commissioner Birts - Cooper: Nay
13 Mayor Russell: Nay
14
15
16 RESOLUTION (S) /PUBLIC HEARING (S)
17
18 138 -05 -12117
19 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE
21 OF A CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR
22 IMPROVEMENTS TO A DESIGNATED HISTORIC BUILDING LOCATED
23 AT 6227 SW 57 STREET (CAMBRIDGE LAWNS HISTORIC
24 DISTRICT) ; PROVIDING AN EFFECTIVE DATE. 3/5
25 (City Manager)
26
27 Moved by Commissioner Sherar, seconded by Commissioner
28 Wiscombe to approve this item.
29
30 Mr. O'Donniley explained that the Historic Preservation
31 Board, at its meeting of August 29, 2005, unanimously
32 recommended approval of the "certificate of appropriateness"
33 application for exterior improvements on the above property.
34 Staff also recommended approval of the application with
35 conditions as stated in their report.
36
37 Public hearing was opened at this time.
38
39 Applicant /owner, Marice Chael, addressed the Commission
40 requesting approval of the application.
41
42 Public hearing was closed with no further speakers.
43
44 With no further comments or discussion, the motion to
45 approve this item passed by a 5 -0 vote:
46
47 Commissioner Wiscombe: Yea
48 Commissioner Sherar: Yea
REGULAR CITY COMMISSION 17
MINUTES - October 18, 2005
1 Vice Mayor Palmer: Yea
2 Commissioner Birts- Cooper: Yea
3 Mayor Russell: Yea
4
5 139 -05 -12118
6 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, APPROVING A PROPOSED
8 REPLAT OF THE SOUTH MIAMI METRO RAIL STATION LOCATED AT
9 THE INTERSECTION OF SW 59 PLACE AND SW 72 AVENUE AND
10 LEGALLY DESCRIBED AS TRACT "A" OF "SOUTH MIAMI STATION"
11 (PLAT BOOK 160, PAGE 85) IN SECTION 25, TOWNSHIP 54
12 SOUTH, _RANGE 40 EAST, CITY OF SOUTH MIAMI, MIAMI -DADE
13 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 3/5
14 (City Manager)
15
16 Moved by Commissioner Wiscombe, seconded by Commissioner
17 Birts- Cooper to approve this item.
18
19 Mr. O'Donniley presented the item explaining that the
20 purpose of the re -plat is a technical correction to the plat
21 approved in 2003.
22
23 Public hearing was opened.
24
25 David Tucker Sr. addressed the Commission in support of
26 this item saying that this is a simple process for clarifying
27 any type of debate in the future.
28
29 Edith Landowne asked for clarification as to the location
30 of the proposed re -plat. She said that she was concerned because
31 that intersection is very dangerous.
32
33 Mr. O'Donniley explained that this does not affect the
34 bypath at all; this is to the interior edge of the property.
35 This is just a line drawn on a piece of paper and this takes it
36 off the paper, he added.
37
38 Carlos del Valle, the surveyor, explained that the purpose
39 of the re -plat is to vacate and abandon an error by the previous
40 surveyor; this does not change the limit of the boundary in any
41 way, shape or form; it is just to vacate that 10 -foot wide
42 perimeter easement around the property.
43
44 The public hearing was closed at this time.
45
46 Commissioner Sherar asked what is going on with the
47 redesign of the building.
48
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
18
1 Hank Marks, from Hometown Station, addressed the
2 Commission. He said that they held several meetings over the
3 last few months with Commissioner Wiscombe and with several
4 staff members where they addressed the concerns that everybody
5 had with regard to the design of the building; and at that time,
6 they handed out renderings with the redesign of the building.
7 The last issue was the color of the building since Commissioner
8 Wiscombe asked for some lighter tones. The other major issue he
9 said was, who was going to pay for the changes, but the Housing
10 Department has agreed to go ahead and pay for the changes
11 because they are considerable, something close to a quarter of a
12 million dollars.
13
14 Commissioner Sherar said that he appreciates all the time
15 that has been spent on this but he said that he would not
16 support it because even though they have done an improvement it
17 is not the same as what they showed in their original package.
18
19 With no further comments or discussion, the motion to
20 approve this item passed by a 4 -1 vote:
21
22 Commissioner Wiscombe: Yea
23 Commissioner Sherar: Nay
24 Vice Mayor Palmer: Yea
25 Commissioner Birts- Cooper: Yea
26 Mayor Russell: Yea
27
28 Moved by Commissioner Sherar, seconded by Commissioner
29 Wiscombe, the motion to extend the meeting to 11:15 p.m. passed
30 unanimously by acclamation.
31
32 23. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
33 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
34 VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT
35 CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE
36 FRONT SETBACK AREA RESULTING IN A VARIANCE REQUEST TO
37 PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF
38 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A PROPERTY
39 WITHIN AN °RS -3" SINGLE- FAMILY RESIDENTIAL USE
40 DISTRICT, LOCATED AT 5890 SW 84 STREET, SOUTH MIAMI,
41 FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW
42 ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5
43 (City Manager)
44
45 Moved by Commissioner Wiscombe, seconded by Vice Mayor
46 Palmer, the motion to defer this item for six months as
47 requested by the applicant, passed by a 5 -0 vote:
48
REGULAR CITY COMMISSION
MINUTES - October 18, 2005
19
1 Commissioner Wiscombe: Yea
2 Commissioner Sherar: Yea
3 Vice Mayor Palmer: Yea
4 Commissioner Birts- Cooper: Yea
5 Mayor Russell: Yea
6
7
8 ORDINANCE(S) FIRST READING PUBLIC HEARING(S)
9 (NONE)
10
11 ORDINANCE (S) FIRST READING
12 (Cont'd)
13
14 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
15 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
16 MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE -
17 BOOM CRANE /LOADER), A 2006 26 -CUBIC YARD TRASH TRUCK
18 AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF
19 $225,376.09 WITH THE FIRST YEAR'S INSTALLMENT PAYMENT
20 OF FIVE PAYMENTS NOT TO EXCEED $45,075.22 TO BE CHARGED
21 TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS
22 ACCOUNT NUMBERS 001- 1720 - 534 -4455 AND 111- 1730 -541-
23 4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN
24 CONFLICT, AND AN EFFECTIVE DATE. 3/5
25 (City Manager)
26
27 Moved by Commissioner Sherar, seconded by Commissioner
28 Wiscombe to approve this item.
29
30 Ms. Davis presented this item explaining that the reason
31 this is in ordinance form is because it is a multi -year
32 financing agreement. We are piggybacking on various counties and
33 cities bids We received a very low rate of 4.07% and this has
34 been budgeted for the fiscal year 05 -06.
35
36 With no comments or discussion, the motion to approve this
37 item passed by a 5 -0 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 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
47 MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH
REGULAR CITY COMMISSION 2 0
MINUTES - October 18, 2005
1 THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF
2 ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005 -06
3 SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS
4 DEPARTMENT ACCOUNT NUMBER 001- 1710- 519 -4670; PROVIDING
5 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
6 EFFECTIVE DATE. 3/5
7 (City Manager)
8
9 Moved by Commissioner Sherar, seconded by Commissioner
10 Wiscombe to approve this item.
11
12 Ms. Davis also presented this item. Again she explained
13 that this is a multi -year elevator maintenance contract that we
14 are piggybacking from Miami -Dade County and that she is asking
15 authorization to enter into a contract with them. The cost of
16 the maintenance is $4,020 per year.
17
18 With no comments or discussion, the motion to approve this
19 item 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 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA RELATING TO GARBAGE AND
29 TRASH; AMENDING SECTION 11 -23(a) OF THE CODE OF
30 ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE;
31 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
32 AN EFFECTIVE DATE. 3/5
33 (City Manager)
34
35 Moved by Commissioner Sherar, seconded by Vice Mayor Palmer
36 to approve this item.
37
38 Ms. Davis presented this item. During the 05 -06 budget
39 process, staff recommended to increase in excess trash fees by
40 20 %. This is the first reading of the ordinance to amend the fee
41 schedule to increase bulk trash pick up.
42
43 Commissioner Wiscombe referred to an email he sent to Ms.
44 Davis regarding a big pile of ,trash at the corner of SW 77th
45 Terrace and Ludlam. Mr. de la Torre said that most of it is
46 still there. Commissioner Wiscombe said that he wanted to make
47 sure that they get billed because they do not qualify for free
48 pick up since that was done after Katrina.
REGULAR CITY COMMISSION 2 1
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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
Approved
Mary Scott Russell
Mayor