01-06-04 Item 1a1 City of South Miami DRAFT
2 Regular City Commission Minutes
3 December 2, 2003
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, December 2, 2003, beginning at 7:
9 37 p.m., in the City Commission Chambers, 6130 Sunset Drive.
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11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell and
14 Commissioners David D. Bethel, Randy G. Wiscombe and Dan McCrea.
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16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Eve Boutsis and Acting City Clerk Maria M. Menendez.
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19 B. Invocation:
20 Commissioner Bethel delivered the Invocation.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
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25 D. Presentation(s) 7:00 p.m.
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27 Social Worker Sandra Garcia, to present the Civil
28 Citation Program.
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30 Ms. Garcia gave a presentation of the Civil Citation
31 Program, explaining that in spite of being fairly new, the
32 program has been a successful component of the Department of
33 Juvenile Justice (DJJ) programs that are being offered. This
34 program is the only one in Miami -Dade County, and other than one
35 in Monroe County, there is not another program of this type in
36 South Florida. Ms. Garcia said that she was pleased to report
37 that they had surpassed the year's expected participants of 70
38 children and had closed the grant cycle with 80 participants.
39 The main efforts went solely towards helping the children with
40 rehabilitation and counseling, setting positive role models,
41 educating the participants on the dangers of drugs, gangs, and
42 crime, and fulfilling their community hours, while teaching them
43 the skills they need to remain crime -free. Ms. Garcia said that
44 once they complete the program, the participants will have no
45 record, an arrest never took place, nothing will show on their
46 record later on in life, and they can honestly say at their
47 college and job applications that they have never been arrested.
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2 In closing, Mr. Garcia said that she is very excited about
3 this program and is looking for funds for next year.
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5 Vice Mayor Russell asked how the program is funded and how
6 much it will cost to keep this program in operation. Ms. Garcia
7 explained that DJJ provides them with $75,000 a year and they are
8 supposed to serve 75 children. They surpassed those numbers
9 already. Most of that fund goes to personnel. There are five
10 officers at work in the program who are doing a great job, Mr.
11 Garcia added.
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13 Ms. Davis said that the grant for this program is up in June
14 2004, and that they are looking for alternate grants to keep the
15 program rolling. Ms. Garcia explained that DJJ will not fund
16 them after the third year since we are supposed to have become
17 self - sufficient by then.
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19 Commissioner McCrea asked if there is any mechanism to
20 become self - sufficient. Ms. Garcia said that it is a matter of
21 just applying for funds. Commissioner McCrea said to let the
22 Commissioners know how they could help in trying to seek the
23 funding since this is a great program.
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25 Mayor Feliu then announced for anyone watching Channel 5 to
26 try to help continue this wonderful program so good for the
27 children. Ms. Garcia said that anyone interested in contributing
28 may call her office at 305 - 663 -6328 or her pager at 305 - 750 -3536.
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30 The Police Department to present the following Officers
31 of the Month: for July, August & September: Officer
32 Samuel Velez; and, for October: Officer Rita Asencio.
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34 Chief Martinez briefly explained the selection process for
35 this recognition. He said that they had revamped the Officer of
36 the Month membership policy. It consists of six members now,
37 with Assistant Chief Mills as Chairman, two previous Officers of
38 the. Month award winners, Human Resource Manager, Jeanette
39 Navarro, one supervisor from Patrol, and one supervisor from the
40 Detective Bureau. The City Manager has approved one day off
41 with pay for the Officer of the Month; three days off for the
42 Officer of the Year; there has also been implemented Courteous
43 Officer of the Quarter, for the purpose of instilling courtesy
44 and professionalism in the community.
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46 Assistant Chief Mills then presented the Officers of the
47 Month award to Officer Samuel Velez, for September; and, to
48 Officer Rita Asencio, for October.
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1 Ms. Davis indicated that the selection standards have been
2 raised and that the officers must excel in order to be selected
3 to receive this award.
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5 Parks & Recreation Director, Alan Ricke, to present
6 awards to the annual writing contest winners, sponsored
7 by the Parks & Recreation Department.
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9 Mr. Ricke presented the awards, consisting of a bike and a
10 helmet, to each of the writing contest winners from four schools,
11 David Fairchild Elementary, Ludlam Elementary, South Miami
12 Elementary, and South Miami Middle. Mr. Ricke thanked Mr. Robert
13 Rockway and Greg Barnes at Bill Ussery Motors, as co- sponsors of
14 this event in donating these bicycles.
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16
17 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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19 1. Approval of Minutes
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21 a) November 4, 2003
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23 Moved by Commissioner McCrea, seconded by Commissioner
24 Wiscombe, the motion to approve the minutes passed by a 5 -0 vote.
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26 Commissioner Wiscombe: Yea
27 Vice Mayor Russell: Yea
28 Commissioner McCrea: Yea
29 Commissioner Bethel: Yea
30 Mayor Feliu: Yea
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33 2. City Manager's Report
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35 Ms. Davis announced that the SMCRA will be holding a
36 community meeting pertaining to the South Miami Gardens Project,
37 on Thursday, December 4, 2003 at 6:00 p.m. at the Multipurpose
38 Center, and everybody in the community is invited. She then
39 announced another community meeting, a Swimming Pool Feasibility
40 Study for the Multipurpose Center, on Tuesday, December 9, 2003
41 at 6:00 p.m., also at the Multipurpose Center at Murray Park, and
42 for further information on this meeting she said to call the
43 Public Works Department at 305 -663 -6350.
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45 There being no further comments or discussion, the City
46 Manager's report concluded.
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48 Mayor Feliu said he had been approached by a couple of
49 residents from the Manor Lane area regarding the traffic calming
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initiative and asked Ms. Davis to announce the upcoming meeting
on this issue. Vice Mayor Russell indicated that the meeting will
be held Monday, December 8, 2003 at 5:00 p.m. at City Hall. The
Mayor then urged all interested residents to attend this meeting.
Commissioner Wiscombe then asked Ms. Davis, with regard to
the Manor Lane traffic calming project, to refer to the time when
the original workshop was held with the residents, because at the
time, some decisions were made which were never implemented he
said. Ms. Davis indicated that upon conducting a research on
this issue, it was found that a study was done and that there
were ten components which were to be implemented. The first
component was implemented, consisting of closing streets at a
certain time; however, none of the other components have been
implemented. We will be discussing with the residents the
Engineer's Study, with the assistance of Public Works Director,
Mr. Balogun, and we are prepared to make some recommendations,
Ms. Davis added.
Mayor Feliu said that he would like to see the whole City
benefit from the transportation tax money, as well as some bond
which should be looked into, to be able to extend this project
across the entire City.
3. City Attorney's Report (None)
27 Ms. Boutsis announced that she will be leaving town for the
28 holidays and will be back by January 7, 2004.
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30 Mayor Feliu then thanked Ms. Tout -Tate and Mr. Ricke for the
31 excellent job of coordinating the bicycle awards.
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33 PUBLIC REMARKS
34 (5- minute limit)
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36 Mr. David Tucker Sr. said that we have come to not only a
37 very gracious time of the year for thankfulness, but that there
38 are additional reasons for being particularly grateful for this
39 Country. Mr. Tucker went on reading an essay with regard to the
40 Pearl Harbor attack which 62nd anniversary will be Sunday,
41 December 7, 2003. The fateful day of the attack was also a
42 Sunday, on December 7, 1941. God bless and preserve America, now
43 227 years and free, Mr. Tucker concluded. Mayor Feliu told Mr.
44 Tucker that it is great that he keeps the memory alive of those
45 soldiers who sacrificed their lives for our Country and he
46 thanked him for that.
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48 Mr. Craig Sherar said thank you for having the Agenda on the
49 City's website. Mr. Sherar then referred to all the attorney's
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legal fees relating to the Parking Garage. He then referred to
paragraph 3(b) (Commitment of Funds) under the RFP, and asked why
the City is paying a lawyer to research bonding and ad valorem
issues and applicability to public financing and public run
projects, when the RFP says no public financing. He said he is
working on a list of questions on this issue to submit to the
City Attorney.
Mr. Trusdale, assistant basketball coach for South Miami
Senior High, presented some members of the South Miami Boys
Basketball team. They addressed the Commission by saying that
they had just ranked number one in the County and will be
traveling as a team to Georgia and St. Petersburg. The trip will
cost the team about $7,000 and are seeking financial help from
the Commission.
Mayor Feliu said that he will be happy to contribute. Vice
Mayor Russell directed them to provide the information to the
City Clerk for the checks to be prepared. Mr. Trusdale said that
they will be hanging banners at the gym for those sponsors
donating from $150 to $200. Anyone interested in helping the team
may contact Mr. Trusdale at 305 - 661 -1551 or 786 - 487 -3463.
Mr. Rosenbaum and Mr. Sherar came forward with a donation
for the team in the amount of $250 respectively.
Ms. Cathy McCann referred to various problems which she has
found while strolling along some streets around her neighborhood.
She said that the path alongside Dante Fascell Park created when
Parkside was developed, is constantly under water. She
attributes this to the fact that Parkside has had a drainage
problem from the beginning. Therefore, it is not possible to
walk on the Park, so people are forced to walk on the edge of the
single street. Then, on the median strip on SW 84 Street the
grass is very high. Continuing on that direction, you encounter
a lot of holes, and with the heavy traffic there you need to step
down 24 inches into the holes. Continuing on even further, you
come to where the City has a right of way of 50 feet, and the
City has chosen to allow people to build hedges right out to the
paving of the street; therefore, there is no way to go except
into somebody's bushes. When you come to SW 80 Street, where she
said to have previously reported abandoned furniture, this week
she has seen more furniture and on top of the pile of furniture,
there is an "All America City" banner. Ms. McCann urged for a
Code Enforcement Officer to walk through the area that she has
described. However, she believes that this is a citywide
problem. She added that if she were to bring a picture of all
these things the City would qualify for slum and blight, and that
is neither true nor necessary. Ms. McCann then implored the
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Commission to do something in order to correct all of these
hazardous situations.
Mayor Feliu said that it is obvious that the City has always
aimed to be pedestrian safe and urged staff to look into the
concerns that Ms. McCann has described.
Ms. Davis, then addressed some of the issues raised by Ms.
McCann. With regard to the drainage problem, she said staff has
a completed set of drawings and will be going for bids shortly,
therefore the drainage problem referred above has been in the
works for quite sometime she added.
Ms. McCann said that she believes that. the developer for
Parkside should be held responsible for the drainage situation
which is caused by overdevelopment and that the City should not
bear the cost of correcting the problem.
Mayor Feliu said that they will look into it and the issue
will be revisited.
Mr. Cal Rosenbaum concurred with Ms. McCann in urging the
City to get the developer for Parkside to correct the drainage
problem. Furthermore, he said that the City may also be able to
help Jimmy Jackson at the US Post Office who has been trying for
months to get his parking lot paved and get rid of all the holes
with standing water, before people get injured. Mr. Rosenbaum
said that developers should have a bond, strictly for performance
of rectifying any problems that are concurrent with their getting
the CO after the building is completed, and that the bond should
be for a period of one to two years. He said that this is
required in other areas and he sees no reason for the City not
requiring said bond. Mr. Rosenbaum then praised Ms. Davis, saying
that she is a human being who puts more human relations in
management than management, in human relations, and that for the
first time in the history that he has been in the City, whether
as a resident or as a commercial property owner, he can talk, to
employees who say that this Manager seems to care about them.
Ms. Beth Schwartz addressed the Commission regarding the
62nd Avenue Charrette. She said that it has been a year and two
months, since the Charrette took place in October 2002. She said
that the Planning Board has finally voted on a recommendation and
still the item has not come before the Commission. She said that
she had been informed by staff that the item would probably be on
the Commission's agenda by the first meeting in December of this
year. She said she hopes to see it on the next agenda. Mayor
Feliu asked staff when this item may be placed on the agenda and
Ms. Davis said that she will do it as soon as the Commission
directs her to do so.
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Commissioner McCrea clarified for the record that the item
that is being discussed is to adopt the plan of the Charrette.
Ms. Schwartz then referred to the traffic calming project,
pointing out to some incomplete sections.
After there were no further comments, the public remarks
were closed.
CONSENT
Resolution No. 216 -03 -11766
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE MIAMI -DADE COUNTY
DEPARTMENT OF HUMAN SERVICES FOR A GRANT IN THE AMOUNT
OF $17,000 FOR THE PROVISION OF WEEKEND MEALS FOR SOUTH
MIAMI SENIOR RESIDENTS; PROVIDING AN EFFECTIVE DATE.3 /5
(City Manager)
Resolution No. 217 -03- 11767
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC.
IN THE AMOUNT OF $17,000 TO BE CHARGED TO GRANT ACCOUNT
NUMBER 001 - 0000 -115 -7052, TO BE PAID FROM THE SOCIAL
SERVICES AND CRIME PREVENTION GRANT AWARDED BY THE
MIAMI -DADE DEPARTMENT OF HUMAN SERVICES; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 218 -03 -11768
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES FOR MULLER MINTZ, P.A., IN THE AMOUNT OF
$7,777.22; CHARGING $7,777.22 TO ACCOUNT NO. 1500 -514-
3440, OTHER CONTRACTUAL SERVICES - CONSULTING LABOR;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Resolution No. 219 -03 -11769
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $23,010.94; CHARGING
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1 $4,819.50 TO ACCOUNT NO. 1500 - 514 -3435, REAL
2 PROPERTY /FORECLOSURE; CHARGING $12,098.22 TO ACCOUNT
3 NO. 1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; AND
4 CHARGING $6,093.22 TO ACCOUNT NO. 1500 - 514 -3452, CODE
5 ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5
6 (City Attorney)
7
8 Resolution No. 220 -03 -11770
9 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
11 FEES; APPROVING ATTORNEYS' FEES FOR LOTT & LEVINE IN
12 THE AMOUNT OF $1,065.20; CHARGING THE AMOUNT TO ACCOUNT
13 NO. 1500- 514 -3435, CONTRACTUAL SERVICES, REAL PROPERTY;
14 PROVIDING AN EFFECTIVE DATE. 3/5
15 (City Attorney)
16
17 Resolution No. 221 -03 -11771
18 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
20 THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
21 WITH MIAMI -DADE COUNTY FOR THE CONTROL OF POLLUTANT
22 DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM SEWER
23 SYSTEMS (MS4), AS PART OF THE NATIONAL POLLUTANT
24 DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO.
25 FLS000003; PROVIDING FOR AN EFFECTIVE DATE. 3/5
26 (City Manager)
27
28 Moved by Commissioner McCrea, seconded by Vice Mayor
29 Russell and Commissioner Wiscombe, the motion to approve the
30 Consent Agenda passed by a 5 -0 vote.
31
32 Commissioner wiscombe: Yea
33 Vice Mayor Russell: Yea
34 Commissioner McCrea: Yea
35 Commissioner Bethel: Yea
36 Mayor Feliu: Yea
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39 ORDINANCE (S) SECOND READING PUBLIC HEARING .(S)
40 (None)
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42 RESOLUTION (S) /PUBLIC HEARING (S)
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44 (None)
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RESOLUTION (S)
(None)
ORDINANCE (S) FIRST READING (S)
(None)
COMMISSION REMARKS
Commissioner Wiscombe reminded everyone about the Farmer's
Market and about the turkey legs that Commissioner Bethel is
bringing again this year, and many other things the Market has to
offer.
Commissioner Bethel indicated that the "No Tolerance" signs
are too small for most people to notice. Ms. Davis said that
much larger signs have been ordered. She said that the signs
also have been vandalized and that she will be reporting it to
the Police Chief. Commissioner Bethel then referred to the 125
Pounders saying that they have reached the playoffs again for the
second year in a roll. Finally, Commissioner Bethel referred to
the bicycle awards, saying that traditionally, the students that
have gotten these awards have been the ones that needed them the
most, and tonight, he said, he did not see one black that
received anything.
Mayor Feliu said they will be looking into Commissioner
Bethel's concern. He then wrapped up the meeting by announcing
the Santa's Parade of the Elves, which will be held at Sunset
Drive, departing from City Hall at 2:00 p.m. He then thanked
Alex Abril of Studio LX, for his generosity in contributing with
forty turkeys for the needy during the holidays. Also thanked
Mr. Sherar and Mr. Rosenbaum for their donation to the South
Miami Senior Cobra Boys Basketball Club.
There being no further business to come before this Body,
the meeting adjourned at 8:37 P.M.
Approved
Attest
Maria M. Menendez
Acting City Clerk
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0
Horace G. Feliu
Mayor