01-06-04 Item 1bg� k
1 City of South Miami
2 Regular City Commission Minutes
3 December 16, 2003
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, December 16, 2003, beginning at 7:
40 p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell and
Commissioners David D. Bethel, Randy G. Wiscombe.and Dan McCrea.
Also in attendance were: City Manager Maria V. Davis, City
Attorney Earl Gallop and Acting City Clerk Maria M. Menendez.
B. Invocation:
Commissioner Bethel delivered the Invocation.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentation(s) 7:00 p.m.
"Police Department - November's Officer of the Month
Presentation"
Chief Martinez and Assistant Chief Mills presented Officer
Max Valdez as the Officer of the Month for the month of November,
2003. Officer Valdez was unanimously recommended for this award
by the Committee consisting of seven people, the Human Resources
Manager and six members of the Police Department.
Presentation of Certificates of Appreciation to local
businesses for their contributions to the Thanksgiving
Basket Program.
The Mayor presented Certificates of Appreciation to the
following recipients thanking them for their generosity: The
Elks Club; American Legion Auxiliary ##31; First National Bank of
South Miami; Jean Larkin Scott; Lee Park Condominiums;
Commissioner Joe Sanchez; and, Chief David Ward.
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Parks & Recreation Director, Alan Ricke, to present awards
to the annual writing contest winners, sponsored by the
Parks & Recreation Department.
Mayor Feliu presented the awards, consisting of a bike and a
helmet, explaining that this is done every year in an effort to
keep these presents as close to the community as possible. He
said that this is Commissioner Bethel's last Christmas wishes and
invited the Commissioner to read the list of recipients.
Commissioner Bethel said that although he will be leaving the
Commission in February, he will not be leaving the City, the City
that he loves with its boys and girls he also loves, and that he
will always be looking out for them.
Presentation of Certificates of Appreciation to the Gray
Ghosts Football Team.
Mayor Feliu presented the Certificates to the Gray Ghosts
Football Team, announcing that they had just won the national
championship for the second year in a roll. In a humorous tone
he noted that the Team had won during his tenure as Mayor.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes November 18, 2003
Moved by Commissioner McCrea, seconded by Commissioner
Bethel,.the motion to approve the minutes passed by a 4 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Russell: Out of the Room
Commissioner McCrea: Yea
Commissioner Bethel: Yea
Mayor Feliu: Yea
2. City Manager's Report
Schedule workshop for "Special Events."
The Special Events Workshop with the downtown merchants was
scheduled for Thursday, January 15, 2004 at 6:00 p.m.
Schedule workshop
Plan."
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for "People's Transportation
2
Master
1 The workshop for the "People's Transportation Master Plan"
2 was schedule also for Thursday, January 15, 2004, to be held
3 right after the "Special Events" workshop.
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5 Ms. Davis then indicated that there are several boards and
6 committees with vacancies, such as the Pension Board and the
7 Parking Committee. She indicated that the Pension Board has
8 three vacancies and there are statutory requirements to fill
9 these seats.
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11 Ms. Davis then announced the "First Annual Holiday Community
12 Concert," sponsored by the Parks and Recreation Department and
13 the South Miami Alliance for Youth, to be held Thursday, December
14 18, 2003 at Murray Park. She then acknowledged the American
15 Legion Post for donating toys for this particular event.
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17 Ms. Davis then advised the Commission about an emergency
18 purchase in the amount of $5,400 for an air conditioning that
19 failed in the Police Department, and which is beyond economic
20 repair and had to be replaced on an emergency basis.
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22 Ms. Davis then announced that, in the `spirit of the holiday
23 season,' the City is allowing overtime parking. One free hour of
24 parking, beginning this Friday evening until Christmas Eve. She
25 indicated that if anyone's meter runs out, a Season's Greeting
26 will replace a ticket, which stays:
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28 The meter was read
29 As time expired
30 In the rush of the Season
31 We knew you'd be tired
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33 A parking ticket would
34 Just make you blue
35 And in the Holiday spirit
36 This just would not do
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38 So during this time
39 Of friendship and good cheer
40 Season's Greetings to you
41 And Best Wishes All Year
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43 "By this time you would have received an
44 overtime parking ticket. The City of South Miami is
45 extending you one hour of free parking."
46
47 Commissioner McCrea thanked Ms. Davis for unlocking the
48 doors of City Hall which have been locked for security measures
49 taken in the wake of 911 (September 11, 2001).
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2 Vice Mayor Russell reminded everyone about the Food Drive,
3 organized every year by the Clerk's office, and that food could
4 be delivered to the Clerk's office until Friday 19, 2003.
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6 There being no further discussion or comments, the City
7 Manager's Report concluded.
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9 3. City Attorney's Report
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11 Mr. Gallop reported that all the four EEOC complaints, with
12 which he provided the Commission with a copy, have been dismissed
13 for lack of probable cause. There are other Human Relations
14 items pending litigation involving suits which are being handled
15 by the League of Cities. In the case of Rosenbaum vs the City
16' of South Miami, a second motion to dismiss was filed. With
17 reference to the TK Promotions (Booby Trap) case, he is waiting
18 for opposing counsel to file a motion to dismiss. He transmitted
19 the Settlement Agreement to the Attorney General and to the State
20 Attorney and those parties have commented that they have no
21 objection to the Settlement Agreement.
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23 There being no further discussion or comments, the City
24 Attorney's Report concluded.
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26 PUBLIC REMARKS
27 (5- minute limit)
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29 Mr. David Tucker Sr., with the spirit of the season, read a
30 passage from the Bible which speaks of love.
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32 Ms. Yvonne Beckman praised Commissioner Bethel for the
33 delicious turkey legs which he cooks for the Farmer's Market'; she
34 said that everybody should try them. She then referred to the
35 item on the Agenda relating to a traffic study for the Snapper
36 Creek area to be conducted by Kimley -Horn & Associates. Ms.
37 Beckman urged the Commission to include the Gulliver School
38 parking in the study. Vice Mayor Russell clarified that the
39 reason that Epiphany is mentioned in the report is because it is
40 not part of South Miami. Since Gulliver is within South Miami it
41 is automatically included in the report, and it is definitely
42 going to be part of the traffic study. Ms. Beckman then referred
43 to the Legislative Priorities item on the Agenda, specifically
44 regarding the proposed swimming pool for Murray Park, saying that
45 this would constitute a potential liability for the City as well
46 as other related expenses, and that the children could use the
47 swimming pool at the YMCA for instance. With regard to the item
48 relating to using the Commission Chambers for a forum, she urged
49 the Commission to designate a committee which will include some
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1 residents from various neighborhoods in order to have adequate
2 representation from the community.
3
4 Commissioner Bethel responded to Ms. Beckman regarding the
5 swimming pool by saying that this is something very deer to him
6 because he has seen too many black kids having drowned in the
7 canals. He said that he can count up to eight black kids that
8 have drowned in the City's canals.
9
10 Ms. Judith Faerron, Managing Editor of the South Miami
11 Times, addressed the Commission concerning their request to use
12 the Commission Chambers for a candidate forum. She explained
13 that they have been doing this for the past nine years. They
14 prepare questions for the candidates in advance from the
15 community. For this particular forum they plan to have three
16 panelists, one of them from the Times, one from the Community
17 News and a third one from the Miami Herald, plus a moderator.
18 The plan is to allow each person from the audience to ask a
19 question to the candidates and also the moderator would ask
20 questions that will be directly from the community. She said
21 that Chamber South has expressed an interest in co- sponsoring
22 this event with them. Mayor Feliu suggested the use of the
23 Victor E. Clark facilities, if available, and Ms. Faerron said
24 there would be no problem with that, however, their first choice
25 would be the Chambers and explained that one of the reasons is
26 because of security. Commissioner Wiscombe said that he concurs
27 with the Mayor that choosing a venue outside the City Hall would
28 be better, particularly when it comes to the distribution of
29 political literature since the restriction exists if the
30 Commission Chambers is used. Commissioner McCrea asked whether
31 in her experience the fact that distribution of literature is not
32 allowed in the City Hall premises has been an issue and Ms.
33 Faerron said that it has not.
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35 Mr. George Arellano commented on the debate issue,
36 recommending that the Multipurpose Center be used for this
37 purpose. With reference to the swimming pool issue, he
38 recommended a handmade beach to solve the problem with a less
39 expensive solution. About the upcoming Art & Expo Festival he
40 suggested placing detour signs directing traffic around to avoid
41 unnecessary congestions. He then urged everybody to attend the
42 Holiday Concert at the Multipurpose. He also suggested that
43 furniture and paintings could be donated for the Farmer's Market
44 to sell and raise funds. Mr. Arellano then asked for
45 clarification on using Channel 5 for broadcasting the debate.
46 Mr. Gallop explained that the City has a very old Channel 5
47 policy prohibiting the use of Channel 5 for political purposes;
48 therefore, this policy will have to be repealed before Channel 5
49 can be used for this. Commissioner McCrea then indicated that he
50 has an item on the Agenda for the purpose of repealing the
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1 resolutions related to the Channel 5 policy. Mr. Arellano said
2 he wished to recommend Mr. de Leon as moderator. He said that
3 Mr. de Leon is very well known and very well respected in the
4 field.
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6 Ms. Velma Palmer commended the Commission, the business
7 community, the volunteers, and everyone for all the gifts and the
8 lovely things which have been done for the children and for the
9 elderly. She then referred to the swimming pool issue by urging
10 the Commission to go ahead with the pool so that the project of
it the Multipurpose Center could be completed as it was envisioned
12 from the beginning. Ms. Palmer referred with a word of caution
13 to Mr. Arellano's suggestions about donating furniture for the
14 Farmer's Market. She said that there is the problem of storage
15 and the problem of handling the furniture and returning it back
16 to storage if they are not sold.
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18 Ms. Cathy McCann said that she does not see any problems
19 with having a debate broadcast on Channel 5. She then referred
20 to an issue relating to inadequate setbacks on a recent
21 development on a lot located at SW 76th Street and SW 58th Avenue.
22 She said that she had reported this to the City and that she is
23 not satisfied with the explanation given by the Planning and
24 Zoning staff. She then said that the City must be consistent in
25 enforcing the rules, such as requiring dedication of a street
26 before obtaining a building permit, when applicable.
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28 Ms. Davis referred to the concern expressed by Ms. McCann
29 and explained that staff is in the process of developing a check
30 list in order to prevent things of this nature from happening.
31 She said that Mr. Sprovero is trying to fix the problem but that
32 he did not create it.
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34 Ms. McCann then said that it has taken a long time to
35 receive a response from the City as to whether the street at the
36 above - referred address has been dedicated and said that it is
37 unacceptable to take two weeks for this type of response. Ms.
38 Davis then said that there were some legal issues involved in
39 this situation and asked Mr. Gallop, who provided some technical
40 explanation related to this particular case referred by Ms.
41 McCann.
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43 Mr. Leonard Keller spoke objecting to the proposed
44 installation of a stealth rooftop cellular antenna on a church
45 located at 6781 Sunset Drive. Commissioner McCrea then suggested
46 to Mr. Keller to wait until the public hearing is opened for
47 discussion on this item of his concern.
48
49 Mr. Robert Morrison referred to the candidate forum issue
50 and said that he had talked with Wayne Brackin of South Miami
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Hospital and that Mr. Brackin is most willing to hold the debates
at Victor E. Clark and urged the Commission to contact Mr.
Brackin on this.
After there were no further ;comments, the public remarks
were closed.
At this point Ms. Davis formally introduced Mr. Charles
Blazik as the new Assistant to the City Manager and Public
Information Officer.
CONSENT
Resolution No. 222 -03 -11772
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE MOBILE REFUSE CONTAINERS /CART
(MEGA -KART) WITH ADDITIONAL WHEELS & AXLES FROM AMERI-
KART CORP. FOR AN AMOUNT OF $116,048.00 AND AUTHORIZING
THE CITY MANAGER ESTABLISH A RECEIVABLE ACCOUNT;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 223 -03 -11773
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A CONSTRUCTION AGREEMENT WITH FLORIDA
POWER & LIGHT FOR THE INSTALLATION OF STREET LIGHTS
ALONG THE CONSTRUCTION CORRIDOR OF THE SW 59TH PLACE
(CHURCH STREET) IMPROVEMENTS - PHASE I, IN AN AMOUNT OF
$6,188.00 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF
COMMUNITY & ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACCOUNT NUMBER 001 - 0000 - 115 -7044;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 224 -03 -11774
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT 'WITH T.J.
PAVEMENT CORP. FOR THE POLICE DEPARTMENT SANITARY SEWER
LATERAL IN AN AMOUNT OF $11,167.00 TO BE CHARGED TO
PUBLIC WORKS DEPARTMENT ENGINEERING & CONSTRUCTION'S
CONTRACTUAL SERVICES ACCOUNT NUMBER 01- 1790 - 519 -3450;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
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7
1 Resolution No. 225 -03 -11775
2 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
4 MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER
5 WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL
6 ENGINEERING SERVICES FOR SNAPPER CREEK TRAFFIC
7 PLAN /STUDY FOR AN AMOUNT OF $13,900.00 TO BE CHARGED TO
8 THE PEOPLE'S TRANSPORTATION TAX FUND ACCOUNT NUMBER
9 124 -1730- 541 -4455; PROVIDING AN EFFECTIVE DATE. 3/5
10 (City Manager)
11
12 Moved by Vice Mayor Russell, seconded by Commissioner
13 Wiscombe, the motion to approve the Consent Agenda passed by a 5-
14 0 vote.
15
16 Commissioner Wiscombe: Yea
17 Vice Mayor Russell: Yea
18 Commissioner McCrea: Yea.
19 Commissioner Bethel: Yea
20 Mayor Feliu: Yea
21
22 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
23 (None)
24
25 RESOLUTION (S) /PUBLIC HEARING (S)
26
27 Resolution No. 226 -03 -11776
28 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 2004
30 LEGISLATIVE PRIORITIES; APPROVING LEGISLATIVE
31 PRIORITIES; DIRECTING THE CITY MANAGER TO FORWARD
32 LEGISLATIVE PRIORITIES TO APPROPRIATE ENTITIES;
33 PROVIDING AN EFFECTIVE DATE. 3/5
34 (City Manager)
35
36 Moved by Vice Mayor Russell, seconded by Commissioner
37 Wiscombe to approve this item.
38
39 Ms. Davis introduced the City's lobbyist, Mr. Fausto Gomez,
40 in order to discuss the legislative priorities items presented by
41 her at the December 3, 2003 Summit as follows: Water
42 distribution System Improvements; Stormwater Drainage
43 Improvements; Murray Park Swimming Pool - related and Fitness
44 Center Improvements; Palmer Park Improvements; and, the Youth
45 Transportation Initiative. Mr. Gomez explained that the
46 Stormwater Drainage Improvements has an excellent chance to be
47 funded, since at the last legislative session no city or county
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in Florida received any dollars for this priority, instead, the
funds were appropriated for the schools. Because of that reason,
the Department of Environmental Protection has retaken the
applications that cities and counties had presented last year,
therefore, the City does not have the burden of presenting new
applications this time, and the Miami -Dade County delegation has
taken water funding as one of their key priorities for this
legislative session. Mr. Gomez in reference to the Park
Improvements priority said that although there is some funding
left from the Florida Recreation Development Assistant Program
(FRDAP) he will be working also on the new grants for which the
City has applied.
Mr. Gomez then suggested a couple of important priorities
which he urged to have them included in the list as follows:
1. Wireless Communications Towers: This is an issue that was
defeated last year, which it would have allowed mobile phone
providers to establish cell phone towers in local communities
outside of the zoning control of local communities, based upon
putting them on State right -of -ways.
Mr. Gomez indicated that Commissioner McCrea had contacted
him several times regarding this next priority.
2. Bert J. Harris Act: There was a proposal to lift the
sovereign immunity from the cities with regards to planning and
zoning decisions that could be interpreted as affecting the
property rights of developers. He suggested following the lead
of the Florida League of Cities and the local League of Cities by
putting the Bert J. Harris Act as one of the significant
priorities of all local governments.
Mayor Feliu said that particularly the Bert J. Harris
indeed a significant priority since it is very important
sure that the City has sovereignty over its zoning issues.
Act is
to make
Commissioner Wiscombe then referred to the Cell Phone Towers
issue indicating that there are Federal regulations which
determine what type of towers municipalities can allow, and
referred to a tower on US1 which was placed on the median towards
the City of Miami and which is an eyesore, and that he hopes he
will not see something like that in South Miami. Mr. Gomez
explained that these towers are allowed on State right -of- ways.
Commissioner McCrea also indicated that Vice Mayor Russell
had worked long and hard on the Bert J Harris Act, both in her
capacity at the Miami -Dade League of Cities and for the City of
South Miami.
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Moved by Commissioner McCrea, seconded by Vice Mayor
2
Russell, the motion to amend by
adding the
above two legislative
3
priorities, and to approve this
item as amended passed by a 5 -0
4
vote.
5
6
Commissioner
Wiscombe:
Yea
7
Vice Mayor Russell:
Yea
8
Commissioner
McCrea:
Yea
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Commissioner
Bethel:
Yea
10
Mayor Feliu:
Yea
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12
13 Resolution No. 227 -03 -11777
14 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
15 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
16 SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A
17 SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP
18 CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET
19 DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE
20 DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. 4/5
21 (City Manager)
22
23 Moved by Vice Mayor Russell, seconded by Commissioner McCrea
24 to approve this item.
25
26 Mr. Gallop explained that this is an item that requires a
27 decision by the City Commission pursuant to a quasi- judicial
28 hearing. He then asked for anyone who would be testifying
29 tonight to stand up to be sworn in.
30
31 Mr. Youkilis addressed the Commission on this request for
32 Special Use approval to install a stealth rooftop cellular
33 antenna at the above - referenced address. The Planning Board, at
34 its meeting of November 25, 2003, failed to approve the request
35 by a 2 -4 vote. The facility will consist of antennas mounted
36 inside a religious cross feature mounted at the roofline of the
37 main sanctuary building. The existing religious cross on the
38 south fagade will be replaced with a new cross, which highest
39 point will be 112 feet above grade, or 40 feet above the 72 feet
40 height of the structure. Staff originally recommended denial
41 because it was determined that this would constitute a visual
42 intrusion at that height in the neighborhood. Later, staff
43 recommended approval based on the applicant's agreement to reduce
44 the height of the antenna.
45
46 Commissioner McCrea noted that according to Staff
47 Observations, the existing cross appears to be only a few inches
48 wide. He asked Mr. Youkilis whether the discussion of the
49 Planning Board based on the aesthetics of an 18" wide cross, or
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whether the height was the only point of consideration. Mr.
Youkilis said that it was mainly the height what the Board had
discussed.
Vice Mayor Russell asked whether the Church would be able to
change the cross without having to go through any application
procedures with the City. The answer is that even a church is
subject to a building permit application. As to having to go
through the Environmental Review and Preservation Board (ERPB) ,
Mr. Youkilis said that it would probably have to go on the basis
that it is an architectural feature, but that he would look into
it for verification purposes. Commissioner McCrea noted that the
ERPB reviews and recommendations are mostly subjective and from
an aesthetic standpoint.
Commissioner Wiscombe then referred to the staff report,
paragraph (3) under `Applicable Regulations,' and asked Mr.
Youkilis whether this application had been presented to the ERPB.
Mr. Youkilis said that it would have gone to ERPB after receiving
zoning approval. Mr. Youkilis clarified that this refers to
certain zoning districts, which are mostly commercial. Other
zoning districts such as this one requires to come before the
City Commission.
Mr. Gerald Knight, an attorney representing the applicant,
Verizon Wireless, introduced Jason Laskey from SBA Network
Services, an agency which processes Verizon's applications for
towers and antennas, and also, Ms. Coleman, RF Engineer with
Verizon. They provided the Commission with a booklet depicting
the First Baptist Church with the cross, before and after, plus a
detailed information of the process and the research to find a
strategic site to install the antenna, and proceeded to explain
in detail. They also presented a sample of the proposed feature.
Commissioner Wiscombe recalled that when the request came
previously to the City, it was recommended that to install
anything of this nature at Palmer Park, it would have to be in
the form of flag poles and that they would be three rather than
one, one shorter, one tall, and that any building to be
constructed for the equipment would be camouflaged by
landscaping. Verizon's request to install an antenna at Palmer
Park was denied by the city manager at the time. Commissioner
Bethel said that one of the objections to allow the installation
of an antenna at Palmer Park was the concern that it could be
harmful to the boys and girls. Commissioner Wiscombe clarified
that the FCC does not allow taking health issues into
consideration with regard to this type of request. He said that
other issues were considered, such as the size of the structure
itself, the windfall with respect to the existing neighborhood,
and many other safety issues.
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1
2 Mr. Keller, who is an immediate neighbor of the Church,
3 again spoke objecting to this request. He said that in his
4 opinion it is totally improper to grant permission to the Church,
5 which is zoned for religious purposes, to install an antenna
6 which is for commercial purposes and urged the Commission to deny
7 the application. Commissioner McCrea asked Mr. Keller whether he
8 had any comments about the aesthetics, not just the height, of
9 the cross. He said that he is happy with the existing cross and
10 does not agree with the proposed change. Commissioner Wiscombe
11 also cautioned about setting a precedent with a decision on this
12 request.
13
14 Ms. Barbara Acker, also a nearby resident, said that she is
15 not opposed to a stealth tower on an existing building, as long
16 as it is not the size that it is proposed here. She said that
17 this could be installed on any other building such as the
18 hospital, but to change the thirty -year old tower is something
19 different, and this proposal is an eyesore, she added. She then
20 mentioned St. Mathew's, and Hope Lutheran's which looks like a
21 sewer pipe coming down the side of the building. She said that
22 she is not in opposition to have service, she even sells Nextel
23 and several other carriers, she understands that customers want
24 and need service; however, the proposed antenna is an eyesore,
25 she reiterated.
26
27 Mr. Paul Eisenhart, also a nearby resident, spoke in
28 opposition saying that the Hope Lutheran Church does not abut any
29 residential property, but First Baptist Church does. Another
30 important point to consider is that the Planning Board did not
31 recommend approval of this application. Furthermore, Palmer Park
32 should be reconsidered since it will mean additional revenue for
33 the City. Also, as an abutting property owner, he said to be
34 concerned about the liability issues that the Church will incur.
35
36 In his rebuttal, Mr. Knight said that there are not any
37 commercial uses in the PI district, and the City code allows
38 telecommunications towers and antennas to go in the PI district;
39 therefore, he said they were not doing anything to be
40 inconsistent with the City's zoning code. Mr. Knight said that
41 they are trying to build facilities that will be aesthetically
42 pleasing. He said that Hope Lutheran does have adjacent
43 residences, although he is not sure of the distance.
44
45 There being no further discussion or comments, the public
46 hearing was closed.
47
48 Commissioner McCrea said he understands both sides, most
49 people disliking these antennas, and on the other hand, the need
50 for Verizon to provide service. In addition, he said that this
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application complies with code. He also said that even though he
does not see an issue with the commercial use, he understands the
concern expressed. Commissioner McCrea said that his concern is
simply about the aesthetics. He said that he would defer this
request to ERPB and vote for approval.
Commissioner Wiscombe said
not an easy one. He said that
by doing this, and that there
doing this without changing the
said that for all these rez
application.
that this type of application is
they may be opening Pandora's Box
is an easier and tighter way of
architecture of the building. He
sons he could not support the
Vice Mayor Russell said that the application is not
complementary of surrounding uses, and is neither in keeping with
the Land Development Code, and may be why the Planning Board
rejected it, she said. In the case that the Church would have
had an existing tower which would have been able to accommodate
an antenna of this type, would the Church had been required in
that case to go through the same process, the Vice Mayor asked
staff again, and the answer was yes, to install a stealth tower,
even inside an existing, location, requires approval. She said
that with the rejection by the Planning Board, and the lack of
compatibility, she cannot support the application as presented.
Commissioner Bethel said that he would go along with the
Planning Board and vote no for this application.
Mayor Feliu read a letter into record from a resident
opposing the antenna.
Mr. Gallop advised the Mayor, that before he indicated how
he is was going to vote, the letter that he had just read should
not be part of his consideration. On a quasi - judicial hearing, a
decision has to be based only on the evidence which has been
presented here. Mayor Feliu then said that he could not support
the application either.
Commissioner McCrea asked Mr. Gallop whether there would be
any problem with referring this application to ERPB, and then to
bring it back before the Commission. Mr. Gallop said he did not
know of any provision which would prevent to refer the
application to ERPB as long as it does come back before the
Commission for final approval. Commissioner Wiscombe said that
even if the application goes to ERPB, the applicant already said
that it would take an 18" wide cross to do it, so he did not
think that the ERPB could do anything about it.
Vice Mayor Russell said that she is a Verizon customer and
that her decision is not based on personal need but based on the
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MINUTES - December 16, 2003
1
2
3
4
5
6
7
8
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10
11
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13
14
facts before the Commission and the Planning Board's
recommendation. She said that she understands the problem and
appreciates all the work put into the presentation.
There being no further discussion or comments, the motion to
approve this item failed by a 1 -4 vote.
Commissioner Wiscombe: Nay
Vice Mayor Russell: Nay
Commissioner McCrea: Yea
Commissioner Bethel: Nay
Mayor Feliu: Nay
15 RESOLUTION (S)
Resolution No. 228 -03 -11778
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS;
AUTHORIZING MASS MEDIA ENTERPRISES TO USE THE
COMMISSION CHAMBERS FOR A CANDIDATE FORUM; PROVIDING
FOR RESOLUTIONS IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Russell, seconded by Commissioner Bethel
to approve this item.
Ms. Davis said that she had been approached by the South
Miami Times who have indicated that they want to hold a political
forum in the Chambers, utilizing our cable channel and that she
is presenting it to the Commission at their request.
Mayor Feliu said that he believes that everybody is in favor
of holding a political forum, and asked Mr. Gallop to clarify the
legalities in relation to the use of the Chambers. Mr. Gallop
said that the Chambers may be used by anyone to hold a
candidate's forum, with the permission of the Commission. There
are a few restrictions which apply and one is that based on a
City policy which is an extension of County and State law the
candidates may not hand out campaign literature anywhere in City
Hall. There is also a State law provision prohibiting giving and
receiving campaign contribution checks in a public building.
Other than that, the Chambers may be used for a political forum.
Commissioner McCrea said that this is precisely what the
Commission should not be doing since it is conflicting, with the
majority of the Commission being candidates of this election. He
said that he hopes that a City policy is established which will
take this issue out of the Commission's hands in the future. He
REGULAR CITY COMMISSION
MINUTES - December 16, 2003
14
1 then indicated that the next item on the Agenda is for the
2 purpose of removing the conflict of using Channel 5 for political
3 debates held in the Chambers, by repealing the current Channel 5
4 policy. He reiterated that this Commission should not have debate
5 and forum issues in its gift because it will be conflicting each
6 time as it is now.
7
8 Mayor Feliu said to disagree, and that the real issue is the
9 conflict created by the existing Channel 5 policy. He said that
10 the forum could be held anywhere chosen by the candidates. He
11 said that he would prefer to use a different venue but that he
12 has no problem with holding it here in Chambers, and welcomed
13 Mass Media for stepping forward to sponsor a debate.
14
15 Vice Mayor Russell said to be in favor of a forum which
16 provides the community with a chance to get to know everyone, and
17 the use of the Chambers for the purpose of educating the public
18 is a good idea. She said to support a professional organization
19 such as Mass Media coming forth with the rest of the media to
20 organize a formal debate. She said that she has attended their
21 debates and that they are fair, organized, and calm.
22
23 Commissioner Wiscombe said that the only problem that he has
24 is with the venue, and one of the reasons is that any candidate
25 should have the right to hand out literature and the Chambers
26 limits that possibility, therefore he said he would vote no on
27 this item.
28
29 Commissioner Bethel said. that in his experience all the
30 debates of the City have been held at the Hospital and one of the
31 reasons is that we usually have large crowds. Another problem is
32 the restrictions on the distribution of literature. At the
33 Hospital there are no restrictions, therefore, he said he would
34 vote for the Hospital but not for the Chambers.
35
36 Commissioner McCrea said he concurs with Mr. Morrison that
37 by holding the forum in the Chambers there can be a perception of
38 favoring incumbents, where they seat all the time. He said also
39 to concur with Commissioners Wiscombe and Bethel for the reasons
40 they stated that South Miami Hospital might be a better venue. He
41 said he would not vote against since Mass Media has requested it,
42 but urged them to consider changing the venue. He then suggested
43 changing the language if necessary to provide that they may use
44 the Chambers or broadcast on Channel 5, and that if the venue is
45 changed, they can hand us the tape to be broadcast over Channel
46 5. Vice Mayor Russell noted that Section 2 of the proposed
47 resolution covers Commissioner McCrea's concern as it is written.
48 Commissioner Wiscombe said he has no problem with having the
49 debate broadcast over Channel 5, however, he has a problem with
50 having it in the Chambers, and reiterated that the Hospital is
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MINUTES - December 16, 2003
1 far a better venue being able to accommodate more people, it
2 allows to hand out literature and it provides a comfortable
3 atmosphere for the candidates. Mayor Feliu said that he would
4 move to change the Commission Chambers to the Victor E. Clark
5 Center, given the fact that Wayne Brackin is willing and able as
6 he stated. Vice Mayor Russell said that in speaking with certain
7 gentleman at Miller Publishing recently, he indicated that the
8 last time they had used the Victor E. Clark the cost was about
9 $5,000. Mayor Feliu said he did not understand the difference
10 from advertising the forum if held in the Chambers as opposed to
11 holding it at Victor E. Clark. Mr. Morrison said he had asked
12 Wayne Brackin and he said he did not know why the Miller's
13 incurred so much cost, and for what he understands it may have
14 been from transporting people from the neighborhood to the
15 Center, also maybe from the video group, plus the mailing could
16 be very expensive. Mr. Morrison said that he does not believe
17 that any of the cost was for the use of the Center itself, and
18 that he believes that Mr. Brackin provides it at no charge.
19
20 There being no further discussion or comments, the motion to
21 approve this item passed by a 3 -2 vote.
22
23 Commissioner Wiscombe: Nay
24 Vice Mayor Russell: Yea
25 Commissioner McCrea: Yea
26 Commissioner Bethel: Nay
27 Mayor Feliu: Yea
28
29
30 Resolution No. 229 -03 -11779
31 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA, REPEALING RESOLUTIONS
33 NOS. 82 -96 -9836, 150 -96 -9904, AND 136 -98- 10404, ALL
34 RELATING TO CABLE CHANNEL 5; PROVIDING FOR RESOLUTIONS
35 IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
36 (Commissioner McCrea)
37
38 Moved by Commissioner McCrea, seconded by Vice Mayor Russell
39 to approve this item.
40
41 Commissioner McCrea explained that the existing policy
42 regarding Channel 5 has numerous provisions which are
43 inconsistent with other City policies. Some of these
44 inconsistencies are as follows: the policy formed a Cable
45 Broadcast Review Committee but there is no standing committee
46 now; the policy requires a 30 -day in advance application for
47 consideration by the committee, which seems an unreasonable
48 burden and besides there is no standing committee to which the
49 application can be made; and the most conflicting of all is the
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MINUTES - December 16, 2003
1 restriction it imposes on the use of Channel 5 for political
2 purposes. As a whole, Commissioner McCrea said that for the
3 moment, he recommends to repeal the current policy to allow the
4 Commission to go forward without being in conflict with City
5 policy.
6
7 Mayor Feliu said to concur with Commissioner McCrea and the
8 importance of repealing the current policy.
9
10 Mr. Gallop clarified for Vice Mayor Russell that this item
11 does not interfere with the action taken on the previous
12 resolution relating to the use of the Chambers to hold a forum.
13
14 Commissioner Wiscombe referred to a memorandum dated August
15 13, 1996 from previous City Manager Eddie Cox, noting that the
16 Cable Review Committee had held several meetings.
17
18 There being no further discussion or comments, the motion to
19 approve this item passed by a 5 -0 vote.
20
21 Commissioner Wiscombe: Yea
22 Vice Mayor Russell: Yea
23 Commissioner McCrea: Yea
24 Commissioner Bethel: Yea
25 Mayor Feliu: Yea
26
27
28 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
29 (None)
30
31 RESOLUTION (S) /PUBLIC HEARING (S)
32
33 (None)
34
35
36 RESOLUTION (S)
37 (None)
38
39
40 ORDINANCE (S) FIRST READING (S)
41 (None)
42
43
44 COMMISSION REMARKS
45
REGULAR CITY COMMISSION 17
MINUTES - December 16, 2003
1 Commissioner Wiscombe wished everyone a safe and happy
2 Holiday Season and reminded to keep coming down to the Farmer's
3 Market.
4
5 Vice Mayor Russell reminded everyone that Friday, December
6 19th is the deadline for the Food Drive, and wished everyone a
7 happy Holiday Season.
8
9 Commissioner McCrea also wished everybody a happy Holiday
10 and prosperous New Year.
11
12 Commissioner Bethel said that the Commission had put a lot
13 of smiles on the boys and girls faces in our community tonight by
14 given them bicycles. He also thanked Barbara Acker for the great
15 parade on Sunday. Also commended the 1125 Pounders,' for being
16 outstanding in the Pal Program for two years in a roll, and said
17 that we need to keep that program going as a way to keep them out
18 of trouble. He said that he believes that this is the first time
19 that the Commission did not aired on Channel 5 their wishes for
20 the Holidays, and added that he wished everybody a Merry
21 Christmas and a happy New Year.
22
23 Mayor Feliu also commended Ms. Acker who has been organizing
24 the Elve's Parade for 14 years. He said that having a parade
25 constitutes a true American tradition. He thanked everyone for
26 participating, and also commended staff for making sure that
27 everyone was safe and for keeping the streets clean. Mayor Feliu
28 also thanked the South Miami Rotarians for being out there and
29 doing such a great job, Dan is a Rotarian and he will be the next
30 president of the South Miami Rotary Club the Mayor added. Also
31 praised the "Gray Ghosts" for winning their second national
32 championship in a roll, and jokingly told them to remember that
33 he was Mayor during that time.
34
35 Mayor Feliu announced that the Parks and Recreation
36 Department is having its First Annual Holiday Community Concert
37 at Murray Park, December 18 at 6:00 p.m. and invited everyone to
38 attend. He also commended Alan Ricke for the good job. By
39 wishing everyone happy Holidays he said good night.
40
41 There being no further business to come before this Body,
42 the meeting adjourned at 10:37 P.M.
43 Approved
44
45 Attest
46 Horace G. Feliu
47 Mayor
48
49 Maria M. Menendez
50 Acting City Clerk
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MINUTES - December 16, 2003