11-15-05 Item 1b1 City of South Miami
2 Special City Commission Minutes
3 October 10, 2005
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in special session on Tuesday, October 10, 2005, beginning at
10:47 p.m., in the City Commission Chambers, 6130 Sunset Drive.
This meeting was called by Mayor Russell, in writing,
(letter dated 10/06/05) through the City Clerk, who in turn
informed the City Commission, the City Manager, and the City
Attorney, by electronic mail dated 10/06/05. Copy of the Mayor's
letter and the Agenda accompanied that email. (Chapter 2, Sec. 2-
2.1(B) of the Code of Ordinances of the Citv of South Miami).
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 Eve Boutsis, City
Manager Maria V. Davis and Deputy Clerk Nkenga Payne.
B. Invocation: The invocation was delivered in silence.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations:
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
Minutes of September 13, 2005
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper, the motion to approve the minutes of September 13,
2005 passed by a 5 -0 vote:
SPECIAL CITY COMMISSION
MINUTES - October 10, 2005
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
2. City Manager's Report:
(NONE)
3. City Attorney's Report:
(NONE)
ORDINANCE (S) FIRST READING
25 -05 -1857
10. AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PAYMENT OF EXPENDITURES INCURRED DURING WEATHER
EMERGENCY RESULTING FROM HURRICANE KATRINA; PROVIDING
THE CITY MANAGER THE NECESSARY AUTHORITY TO USE AN
ADDITIONAL $900,000 FROM THE CITY'S CASH RESERVE FOR
RELATED EMERGENCY EXPENSES; AND AUTHORIZING THE CITY
MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO
REIMBURSE THE CITY FOR THE FUNDS EXPENDED; PROVIDING
FOR SEVERAEILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE DATE. 4/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Sherar to
approve this item.
Ms. Davis presented the item.
Commissioner Wiscombe referred to the bills, particularly
with regard to the purchase of tires.
Public Works Director,, Mr. Balogun explained the procedure
that they follow up with FEMA so that we may be reimbursed for
the expenditures. The main problem was that the emergency
ordinance had been deferred and they were not able to pay the
contractors.
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Palmer, the motion to extend the meeting until 11:20 p.m. passed
unanimously by acclamation.
SPECIAL CITY COMMISSION
MINUTES - October 10, 2005
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Ms. Davis said that she had made it very clear at the time
the ordinance went before the Commission for the first time, that
the decision to defer this item would be a very dangerous one.
Commissioner Wiscombe said that they only had three days to
go through the bills and that he wants to know where the figures
come from because he has a responsibility to fulfill.
Mayor Russell said that she respects Commissioner Wiscombe
for wanting to take a look at the bills, but that they also need
to allow the City Manager to her job.
Vice Mayor Palmer said that this discussion should not be
viewed as lack of trust because the bottom line is that they were
elected to look after the interest of the community and that is
what they are responsible for.
About the payroll, inquired by Vice Mayor Palmer, Ms. Davis
explained that any overtime for Public Works or for the Police
would be included in those numbers presented to them. She also
explained that hourly employees are entitled to overtime.
Commissioner Sherar said that if he knew that things would
be so disrupted by their decision, he would have done things
differently.
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
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION MEETINGS; RESCHEDULING THE SEPTEMBER 20,
2005 CITY COMMISSION MEETING TO SEPTEMBER 27, 2005,
STARTING AT 6:30 P.M.; PROVIDING AN EFFECTIVE DATE. 3/5
(THIS ITEM WAS PULLED AND PLACED ON THE 10118105 AGENDA)
(Mayor Russell)
SPECIAL CITY COMMISSION
MINUTES - October 10, 2005
91
1
120 -05 -12099
2
5.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
3
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
4
DISBURSE $10,247.00 TO WELCH TENNIS COURTS, INC. FOR
5
THE RESURFACING OF TENNIS AND RACQUETBALL COURTS AT
6
BREWER PARK; TO BE CHARGED TO THE LAND AND WATER
7
CONSERVATION FUND (LWCF) GRANT ACCOUNT NUMBER
8
001.0000.131.1461; PROVIDING AN EFFECTIVE DATE. 3/5
9
(City Manager)
10
11
121 -05 -12100
12
6.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
13
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
14
DISBURSE $5,979.00 TO LEADEX CORPORATION FOR THE
15
INSTALLATION OF A CONCRETE PARKING AREA AT BREWER PARK;
16
TO BE CHARGED TO THE LAND AND WATER CONSERVATION FUND
17
(LWCF) GRANT ACCOUNT NUMBER 001.0000.131.1461;
18
PROVIDING AN EFFECTIVE DATE. 3/5
19
(City Manager)
20
21
122 -05 -12101
22
7.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
23
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
24
DISBURSE $8,000.00 TO SUPERMEN TREE SERVICE FOR THE
25
REMOVAL OF 23 AUSTRALIAN PINE TREES FROM BREWER PARK;
26
TO BE CHARGED TO THE LAND AND WATER CONSERVATION FUND
27
(LWCF) GRANT ACCOUNT NUMBER 001.0000.131.1461;
28
PROVIDING AN EFFECTIVE DATE. 3/5
29
(City Manager)
30
31
123 -05- 12102
32
8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
33
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
34
MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER TO
35
TY LIN /HJ ROSS FOR SURVEYING, ENGINEERING DESIGN,
36
PERMITTING, BID AND CONSTRUCTION PHASE SERVICES FOR THE
37
CITY -WIDE WATER MAIN EXTENSION - AREA 2 IN AN AMOUNT OF
38
$53,696.00 TO BE CHARGED TO SOUTH FLORIDA WATER
39
MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106- 1711 -536-
40
6433 & 106 -1711- 536 -6434; PROVIDING AN EFFECTIVE DATE.
41
3/5
42
(City Manager)
43
44
124 -05 -12103
45
9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
47
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
SPECIAL
CITY COMMISSION 4
MINUTES
- October 10, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
`5f,
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
FIGUEREDO, P.A. IN THE AMOUNT OF $18,611.66; CHARGING
$16,364.00 TO FISCAL YEAR 2004 -05 ACCOUNT NO.
001.1500.514.3410, AND $2,247.66 TO FISCAL YEAR 2005 -06
ACCOUNT NUMBER 001.1500.514.3410 LEGAL SERVICES, NON -
RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to approve the Consent Agenda passed by a 5-
0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) /PUBLIC HEARING (S)
(NONE)
RESOLUTION (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
COMMISSION REMARKS
Commissioners were afforded time for remarks.
There being no further business to come before this Body,
the meeting adjourned at 11:18 p.m.
Attest
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION
MINUTES - October 10, 2005
5
Approved
Mary Scott Russell
Mayor