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01-20-04 Item 11 City of South Miami 2 Regular City Commission Minutes 3 January 6, 2004 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 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, January 6, 2004, beginning at 7: 33 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 Luis Figueredo 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. Jerry Gould - Commission for Senior Citizens' Report Mr. Gould, Chairman of the Commission for Senior Citizens, addressed the Commission regarding the findings of a survey they conducted among South Miami seniors. The survey asked 13 demographic questions and 12 Need issues. He said that since it is not feasible for the City to address all of the Need issues at this time, the Commission for Seniors recommends that the three highest percentage issues be taken into consideration: Emergency Alert Response (call buttons) ; Escorts and transportation for shopping and doctors; and, Recreation and wellness activities (day trips) . Out of the three, he stressed that the transportation Need is the most crucial. Mr. Gould conveyed his appreciation to the Commission and to the City for the financial help received with regard to the recently held picnic for the seniors. He then thanked both the Mayor and Vice Mayor for attending the picnic and said that their presence was very important for the seniors. He then said he was particularly appreciative of the Mayor for his support, and for attending many of their meetings. REGULAR CITY COMMISSION 1 MINUTES - January 6, 2004 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 49 Mr. Gould handed the Commission a report with information on the above- referenced survey which he said to be very informative. Mayor Feliu said that the picnic was indeed a great event which took the effort and contribution from a lot of people. He said that in his opinion, a society is judged ultimately on how it treats its seniors as well as its children and that one of the things he has been trying to work with the County is to get a Van, along with an insurance company that will be willing to help. Mayor Feliu said that he recognizes that transportation is vital when it comes to seniors and that he will keep on working on that issue. Commissioner Bethel said sent the City a Van that was the City was unable to use it used to have a Van which was does not know what happened said that he also had attended that sometime ago the County had not in good working condition and He also mentioned that the City used for the seniors but that he :o that Van. Commissioner Bethel the picnic for the seniors. The presentation portion ended early at approximately 7:15 p.m., therefore, Mayor Feliu adjourned until the official starting time of the meeting at 7:30 p.m. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: Approval of Minutes - December 2, 2003 December 16, 2003 Moved by Vice Mayor Russell, seconded by Commissioner Wiscombe, the motion to approve both minutes passed by a 5 -0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea: Yea Commissioner Bethel: Yea Mayor Feliu: Yea 2. City Manager's Report Ms. Davis thanked Jorge Larios for donating complimentary dinners for two for the Police Department's "Officers of the Month." She also commended the South Miami Police Department, which in conjunction with the Coral Gables SWAT Team and the DEA, led the successful apprehension of the drug traffickers this past Friday night. REGULAR CITY COMMISSION 2 MINUTES - January 6, 2004 Ms. Davis also informed the public about the voting machine demonstration taking place Thursday, January 8th, from 10:00 a.m. to 2:00 p.m. at City Hall. She also said that the newspaper racks and stands which were in the way have been removed, and that this was brought to her attention by Commissioner Wiscombe. She said that staff is working with the postal service to remove the mailbox as well. Ms. Davis said that she and the Mayor had met with the President of the University of Miami (UM) , Donna Shalala, with regard to the gym equipment for the Multipurpose Center. She then allowed Ms. Ricke to expand on this issue. Mr. Ricke explained that UM has agreed to donate approximately $70,000 worth of brand new fitness equipment with warranty included to the Multipurpose Center. He said that the equipment will be installed at the Center very early in February 2004. Commissioner Bethel said that he hopes that when UM comes to our City for help we will be as courteous to them as they were to US. There being no further discussion or comments, the City Manager's Report concluded. 3. City Attorney's Report Mr. Figueredo said that since there have been no major developments since the last City Attorney's Report, he had nothing to report at this time. There being no further discussion or comments, the City Attorney's Report concluded. Before opening for public remarks, Mayor Feliu referred to something that he has been pursuing for over a year, and that is jurisdiction relating to the traffic calming issues. He said that he has always believed that our City should have the right and the power to dictate the type of traffic calming devices that are implemented in our City without having to wait for approval by the County. He said that the Interlocal Agreement between the City and the County will probably be part of an ordinance which will be presented before the County Commission in February 2004. He thanked Coral Gables City Attorney Liz Hernandez for her assistance in drafting the Interlocal Agreement. Commissioner McCrea concurred with the Mayor in thanking Ms. Hernandez, and said that it should also be remembered to thank Subrata Basu who worked with Ms. Hernandez in drafting this agreement and also thanked the Mayor for his efforts. REGULAR. CITY COMMISSION 3 MINUTES - January 6, 2004 1 At this point, everyone joined the Commission singing happy 2 birthday to the Mayor. He then explained that his middle name is 3 Gasper, after one of the three `Kings.' 4 5 PUBLIC REMARKS 6 (5- minute limit) Mr. Craig Ather, beauty salon owner, addressed the Commission against the $150. occupational license fee imposed by the City on every person who is licensed by the State. Mayor Feliu advised Mr. Ather to set up an appointment to discuss this issue with Ms. Davis. Mr. Ather also expressed concern about the parking fee. Ms. Davis explained that the State of Florida, by statute passed in 1994, allows the various municipalities throughout the State to set rates for occupational license, therefore, the occupational license fees for the City went in effect in 1994 by ordinance. Ms. Davis said that the City is now being thorough in enforcing the ordinance. Mr. Jose Alonso said he works and brings money to this area. He said he feels that both the occupational license fee and the cost of parking are too high. He then asked the Commissioners how much do they pay for working in the City. Commissioner McCrea said that he is a construction consultant and works out of his home and pays a little over $150 each year for his occupational license. Mr. Walter Harris, chairman of the Commission for Senior Citizens, addressed the Commission about the need for the seniors to be provided with transportation within the City for things such as going to the doctor or doing their grocery shopping. Mr. David Tucker Sr., in keeping with the spirit of the season, referred to the tradition in making New Year's resolutions, which in his views, are for the purpose of replacing bad habits with some good ones. Along these lines, he urged the Commission to review some of the bad decision made over the past year, to serve as a lesson not to be repeated. Mr. Douglas Gonzalez, owner of the Beach Club Salon, started by apologizing to the Commission for the previous speakers who expressed themselves in such an angry manner about the occupational license fee. However, he also expressed his opinion against the fee. He also complained about the parking fee and also the lack of parking spaces. Mr. Gonzalez said that most of the hair dressers working for him are single mothers who have a difficult time meeting these fees. He then referred to the $50 he had to pay for the Christmas lights and said the tree was not in front of his business but on one side, and that they did not REGULAR CITY COMMISSION 4 MINUTES - January 6, 2004 get this year the big Christmas tree that is usually installed at the corner of his establishment. Mayor Feliu reiterated that anyone wishing to discuss any of the issues referred above should set up an appointment with the City Manager. Ms. Davis said that the fees are set by ordinance and that she has no way of dealing with these fees unless the Commission directs her to bring them back to be revisited. Norma Khoury, also a hair salon owner in South Miami, spoke against the $150. occupational license fee imposed on every hair dresser, and said that under the circumstances it will be hard for any hair salon owner to find hair dressers willing to work in the City. Commissioner Wiscombe asked Ms. Davis to provide the Commission with copy of the ordinance and the fee schedule for their review. He referred to a similar situation where the fee for restaurant outdoor seating had been revisited and adjusted. Ms. Susan Stanage, a hair dresser who works for Norma Khoury's salon, The Green Apple, also spoke in reference to the $150. fee, proposing that the fee be prorated more equitably. She also said that perhaps the fee should be a percentage of the actual license fee they must pay every two years to the State. Ms. Davis suggested to direct staff to conduct a survey on occupational license fee among surrounding municipalities. Mayor Feliu said that the hair salons should be notified that the City is looking into this issue of concern. Vice Mayor Russell proposed to meet with all concerned hair salon owners and employees in an effort to resolve the issue by going over the ordinance and the survey proposed above and find a solution. Ms. Yvonne Beckman said that she hopes that no one on the dais will construe the remarks from the previous speakers as a need for a parking garage because that is not what they said. She then referred to how expensive real estate taxes are in South Miami. She said that one way to go back and lower the tax rate would be by having an RFP for legal fees, since in her opinion, the City's legal fees are twice of those in Pinecrest, with half the amount of residents. She then referred to the legal fees on the Agenda. Ms. Davis clarified that she is not the recommended the RFP for an attorney. She also c: $21,000. legal fee to which Ms. Beckman referred not from the City Attorney but from the labor Mayor Russell also clarified that the amount for out of the $21,000. is $7,000. only. REGULAR CITY COMMISSION 5 MINUTES - January 6, 2004 person who had Larified that the on the Agenda is attorney. Vice approval tonight Mr. Dick Ward also spoke against the occupational license fee and urged that it be revisited. Mr. Ward then referred to the speaker who asked the Commission how much money they made. He said that the elected officials make "$3,000. a year which comes to less than $1. a day." Mr. Michael Miller referred to the item on the Agenda relating to the "62 Avenue Corridor Charrette" for setting a time and date for a public hearing. He referred to an application he made for public hearing before the Planning Board and the City Commission. His application was for zoning change and construction of a new building on SW 62nd Avenue. Mr. Miller said that on April 30, 2002 the Planning Department suggested that the Planning Board recommend that Mr. Miller's zoning change request be deferred for further study. He said that he agreed to that request by the Planning board to defer his application and that he has been waiting during a year and a half while the Charrette which was sponsored by the City and led by the University of Miami was completed. He said that he has not been notified that this study was completed, so that he may proceed with his application. Then Mr. Miller said that on October 28, 2003, the Planning Board, without first notifying him, came up with a recommendation concerning SW 62nd Avenue without first hearing his presentation. He also claims that the final report was completed without official notification to any of the commercial property owners on SW 62nd Avenue. Based on the part of the City to delay his application pending further studies, which took more than a year and a half, he said he is asking for three things: (1) that he will be allowed exactly the same time he gave the City, to review and adjust his application without being penalized; (2) that the Planning Board reopens the complete Charrette process and talk with all the property owners on SW 62nd Avenue prior to creating a final report; and in conclusion, he asks that any final report be delayed until his application is heard in full by the Planning Board and by the City Commission. Mayor Feliu referred to the importance of timely notification and Ms. Davis said that this is precisely the purpose of the SW 62nd Corridor Charrette item setting a time and date for a public hearing. Ms. Beth Schwartz referred to Mr. Miller's complaint above. She said that the change in zoning that Mr. Miller wants is from two to four story - building on SW 62nd Avenue, which is adjacent to a single- family residential neighborhood. She said that the neighbors had conducted several meetings on this issue and that the property owners never showed up but that in her opinion they had knowledge of those meetings. She also said that the property owners never showed up at the Planning Board meetings either, REGULAR CITY COMMISSION 6 MINUTES - January 6, 2004 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 49 50 although they had attorney presence. Ms. Schwartz said that her neighborhood has been fighting vigorously to keep the integrity of their neighborhood without commercial intrusion and that they definitely do not want four -story buildings behind their homes. Mr. Rodney Williams asked whether the Community Relations Board (CRB) had been dropped due to budget problems. Mayor Feliu said that in his opinion the Board is active and asked Ms Davis to look into the matter as to why the Board has not been meeting lately. Ms. Velma Palmer said that she is concerned about the Harris' project. She said that one of the lanes by the Harris' project has been cut off and that she presumes that it is for street beautification purposes. She says that this is a cause of concern due to the heavy traffic in that area which will increase even further when the apartment building opens. Mr. Craig Sherar referred to the parking concern of some of the speakers and said that anyone may park at the Metrorail for $3 a day. He then referred to the signs being removed by Code Enforcement, political in particular, and said that there is due process of law which must take place before a property is confiscated. Ms. Davis informed that the City is following the County ordinance which does not allow campaign signs in the rights -of -way. Mr. Sherar said that the Code Enforcement officers are not surveyors and that in this City, there is no standard right -of -way. He said that there are a lot of rights -of -way which are 50 feet but it cannot be assumed that they all measure the same. He said that Code Enforcement is removing signs from fences, perhaps assuming that the fence is on the right -of -way line. Ms. Davis clarified that the City is not pulling signs from fences unless there are more than one sign on a piece of property, and the City is giving courtesy notices to those whose signs are not in compliance with the ordinance. Ms. Davis said that there is no selective enforcement when it comes to campaign signs. She said that although we are not surveyors, we are doing our best to comply with the County ordinance and with our own rules. She also pointed out that the rule of the power poll as the mark for the property line is usually used. Mr. Sherar then referred to the gym equipment which will be donated by the University of Miami (UM) for the Multipurpose Center. He said that UM has plans for the Anthony Abraham's property for student housing and will probably be expecting the City to reciprocate their goodwill at some point in the future. With regard to the Multipurpose Center he said that it would be more practical and efficient if a management firm is hired to run the place. Ms. Valerie Newman also addressed the Commission regarding the political signs issue. She said that about one month ago she REGULAR CITY COMMISSION 7 MINUTES - January 6, 2004 1 had placed Velma Palmer's campaign sign in her front yard. Ms. 2 Palmer was very diligently informing her that the sign had to be 3 25 feet from the middle of the road, Ms. Newman added. 4 Nevertheless, Ms. Newman said, the sign was removed by Code 5 Enforcement. Then, as she looked into the Code Enforcement 6 officer's car, the only signs in the back seat were six of Mary 7 Scott Russell's sign, two of Velma Palmer's sign and one Dan 8 McCrea's sign, adding that there are plenty of Horace Feliu's 9 signs that were no further from the street than the one on her 10 property was. Ms. Newman then urged to be a little more tolerant it for one more month and added that there are more important issues 12 for Code Enforcement to attend to. Ms. Newman then referred to 13 the parking garage issue, specifically referring to the bond. 14 She said that the bond clearly states that 75% of the proceeds 15 are to be spent on construction, of which she requested 16 clarification. She then said to wish to commend the Police 17 Department for the excellent job they did in relation to the drug 18 bust on Friday. 19 20 Ms. Sharon McCain said that there are more important issues 21 than the one concerning political signs. with regard to the 22 concerns about the occupational license fee she said that there 23 are about 13 hair salons in South Miami and that the good 24 majority is grandfathered in, and that is something that should 25 be looked into. She then said to have a problem with the $50. 26 burglar alarm fee, since the ones that do not have the alarm 27 registered have the same protection as those who have it 28 registered. She then thanked the Mayor for appointing her to the 29 Parking Committee and that she will be glad to serve. She urged 30 the 'Commission to give preference to South Miami residents to 31 serve on boards and committees. 32 33 Ms. Sarah Tompkins addressed the Commission by announcing 34 her candidacy for Commissioner Group III. She said to desire to 35 continue to help the community to move forward, while addressing 36 its needs, which include all social economic groups. 37 38 Mr. Dean Whitman referred to Mr. Miller's statement above, 39 saying that he does not understand how a publisher of a community 40 newspaper can act before the Commission as someone who was not 41 informed of the numerous public meeting held by the Commission 42 and by the Planning Board. 43 44 Mayor Feliu said he wished to acknowledge and welcome the 45 candidates for stepping forward. He then said that we need some 46 new faces on this dais, and that is what this is all about, to 47 pass on the torch because we need new ideas. He then welcomed 48 Sara Tompkins, Velma Palmer, Craig Sherar, Adrian Ellis, Marie 49 Birts- Cooper and Clyde Cates, who all met the deadline for REGULAR CITY COMMISSION MINUTES - January 6, 2004 1 qualifying, and thanked the public for sharing their ideas and 2 thoughts. 3 4 After there were no further comments, the public remarks 5 were closed. 6 7 CONSENT 8 9 Resolution No. 01 -04 -11780 10 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 11 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 12 COMMITTEES; APPOINTING SHARON A. MCCAIN TO SERVE ON THE 13 PARKING COMMITTEE FOR A TWO YEAR TERM ENDING JANUARY 5, 14 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 15 (Mayor Feliu) 16 17 Resolution No. 02 -04 -11781 18 5. 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 GRANT AGREEMENT WITH MIAMI - 21 DADE COUNTY FOR THE CHURCH STREET IMPROVEMENTS - PHASE 22 II GRANT AWARD OF $95,000 THROUGH THE OFFICE OF 23 COMMUNITY & ECONOMIC DEVELOPMENT; PROVIDING AN 24 EFFECTIVE DATE. 3/5 25 (City Manager) 26 27 Resolution No. 03 -04 -11782 28 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 30 THE CITY MANAGER TO EXECUTE AGREEMENT WITH SERRALTA 31 REBULL SERIG, INC. FOR SNAPPER CREEK DRAINAGE 32 IMPROVEMENTS - PHASE 2 CONSTRUCTION IN AN AMOUNT OF 33 $141,292.50 TO BE CHARGED TO SOUTH FLORIDA WATER 34 MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001- 0000 -132- 35 2060; PROVIDING FOR AN EFFECTIVE DATE. 3/5 36 (City Manager) 37 38 Resolution No. 04 -04 -11783 39 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONFIRMING 41 EMERGENCY PURCHASE OF AN AIR CONDITION UNIT FOR THE 42 POLICE DEPARTMENT FROM OMAR & SONS SERVICES, INC. IN AN 43 AMOUNT OF $5,400 CHARGED TO PUBLIC WORKS DEPARTMENT 44 ACCOUNT NUMBER 001 -1710- 519 -4670; PROVIDING FOR AN 45 EFFECTIVE DATE. 3/5 46 (City Manager) REGULAR CITY COMMISSION 9 MINUTES - January 6, 2004 Resolution No. 05 -04 -11784 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH NATIVE LANDSCAPING SERVICE, INC. FOR THE US -1 & SUNSET DRIVE MEDIAN MAINTENANCE IN AN AMOUNT OF $38,870 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 - 1730 - 541 -3450; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Resolution No. 06 -04 -11785 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $10,000.00 TO MIAMI -DADE COUNTY'S INFORMATION TECHNOLOGY DEPARTMENT FOR THE MAINTENANCE AND REPAIR OF THE POLICE DEPARTMENT MOBILE AND PORTABLE RADIOS; CHARGING THE FUNDS TO ACCOUNT NUMBER 1910- 521 -4630, (MAINTENANCE AND REPAIR OF COMMUNICATION EQUIPMENT); PROVIDING FOR EFFECTIVE DATE. 3/5 (City Manager) Resolution No. 07 -04 -11786 10. 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 $7,301.84; CHARGING $7,301.84 TO ACCOUNT NO. 1500 -514- 3440, OTHER CONTRACTUAL SERVICES - CONSULTING LABOR; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Resolution No. 08 -0.4 -11787 11. 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 $14,559.76; CHARGING $3,542.82 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $7,738.32 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; AND CHARGING $3,278.62 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) REGULAR CITY COMMISSION 1 O MINUTES - January 6, 2004 1 Moved by Commissioner McCrea, seconded by Commissioner 2 Wiscombe, the motion to approve the Consent Agenda passed by a 4- 3 0 vote. 4 5 Commissioner Wiscombe: Yea 6 Vice Mayor Russell: Out of the Room 7 Commissioner McCrea: Yea 8 Commissioner Bethel: Yea 9 Mayor Feliu: Yea 10 11 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 12 (None) 13 14 RESOLUTION (S) /PUBLIC HEARING (S) 15 (None) 16 17 RESOLUTION (S) 18 19 Resolution No. 09 -04 -11788 20 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA SETTING A TIME AND DATE 22 FOR A PUBLIC HEARING ON THE "62 AVENUE CORRIDOR 23 CHARRETTE" REPORT RESULTING FROM A CITY SPONSORED 24 CITIZENS PLANNING EVENT; SAID DOCUMENT HAVING BEEN 25 PREPARED BY THE UNIVERSITY OF MIAMI SCHOOL OF 26 ARCHITECTURE; AND DIRECTING THE ADMINISTRATION TO 27 ADVERTIZE THE PUBLIC HEARING AND PROVIDE MAIL NOTICE; 28 PROVIDING FOR AN EFFECTIVE DATE. 3/5 29 (City Manager) 30 31 Moved by Commissioner McCrea, seconded by Commissioner 32 Bethel to approve this item. 33 34 Mr. Youkilis addressed the Commission by recapping the 35 course of the SW 62nd Avenue Charrette. In November 2002, the 36 City sponsored a neighborhood planning study (Charrette) for the 37 SW 62nd Avenue Corridor. The Charrette report was presented to 38 the City Commission at its January 21, 2003 meeting where the 39 Commission referred the report to the Planning Board for review 40 and discussion. The Planning Board then conducted a review and 41 open discussion on the Charrette report and related Citizen's 42 report during their March 25, and October 28, 2003 meetings. Due 43 to the importance of the adoption of the report to area 44 development and due to differences of opinion among participants 45 in the process, it is recommended that the City Commission hold a 46 public hearing with formal notice prior to adopting the Charrette 47 report. Mr. Youkilis reminded the Commission that this will REGULAR CITY COMMISSION 1 1 MINUTES - January 6, 2004 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 49 50 constitute a planning document and that upon its adoption by the Commission, the City will begin implementing it which will include zone changes, and perhaps certain capital improvement scheduling of different projects that are recommended. He then added that notification for the October 28, 2003 Planning Board workshop was sent to everyone who had participated in the Charrette process and it included most property owners of the area such as Mr. Michael Miller and Dr. Zakharia. Vice Mayor Russell requested that a selection of dates from which to choose be provided to the Commission for the purpose of setting a time and date for public hearing regarding this item. Commissioner Wiscombe requested from staff a copy of the list of previous notification for the above - mentioned Planning Board meeting. He then asked whether notification was sent by certified mail and staff replied that they were not. Commissioner Wiscombe said that the Planning Department had been told that for any type of hearings like this, notification should be sent by certified mail. The Commission and staff then discussed the high cost of using certified mail. Commissioner Wiscombe said that any cost would be outweighed by the benefit of having 'proof of notification on file. Mayor Feliu said that staff is following the code requirements as to mail notification. Commissioner McCrea said that it could become burdensome to use certified mail for every single mail notification. Commissioner Wiscombe reiterated that in cases such as the Charrette for instance, it is very important that we have the proof of notification to property owners on file. Mr. Youkilis said that the code as it is written now does not require notification by certified mail; therefore, the code would need to be revised for this purpose. Mr. Youkilis pointed out that all public hearings of the Planning Board are timely published in the Daily Business Review and in the Neighbors. With no further comments or discussion the motion to approve this item passed by a 5 -0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner McCrea: Yea Commissioner Bethel: Yea Mayor Feliu: Yea Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to add the following item passed by a 5 -0 vote. REGULAR CITY COMMISSION MINUTES - January 6, 2004 Commissioner Wiscombe: Yea Vice Mayor Russell: Yea 12 1 Commissioner McCrea: Yea 2 Commissioner Bethel: Yea 3 Mayor Feliu: Yea 4 Resolution No. 10 -04 -11789 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE FEBRUARY 10, 2004 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, II AND III AND UNEXPIRED TERM FOR COMMISSIONER FOR GROUP IV; PROVIDING FOR ADDITIONAL LABOR HOURS TO CONDUCT EARLY VOTING IN THE AMOUNT OF $3,000.00 TO BE CHARGED TO CONTIGENCY ACCOUNT NO. 001 - 2100- 519 -9920; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioner Bethel to approve this item. The Mayor explained that this resolution is being added to the Agenda in order to make early voting possible. He then explained that he is sponsoring this resolution for the benefit of holding a week long voting. Early voting provides for an extended time particularly for working people to accommodate a more convenient time to their busy schedule for voting. Vice Mayor Russell requested the balance on the contingency account and Ms. Davis said that it is very close to $100,000. The Vice Mayor then reminded the City Manager to provide the Commission with account balances as a routine. Commissioner McCrea asked the cost of the election and the City Clerk said it is approximately $4,000. Commissioner McCrea said he would support this resolution since it does provide a wider opportunity to vote and thanked the Mayor for bringing it to the Clerk's attention and that it would have been better to have been sponsored by the City Clerk. With no further comments or discussion the motion to approve this item 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 47 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 48 (None) REGULAR CITY COMMISSION 13 MINUTES - January 6, 2004 1 2 RESOLUTION (S) /PUBLIC HEARING (S) 3 4 (None) 5 RESOLUTION (S) 6 (None) 7 8 ORDINANCE (S) FIRST READING (S) 9 10 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 11 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; 12 CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION 13 FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO 14 ATLANTIC BROADBAND, L.L.C.; PROVIDING FOR SEVERABILITY, 15 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 16 (City Manager) 17 18 Moved by Commissioner McCrea, seconded by Commissioner 19 Wiscombe to approve this item. 20 21 Ms. Davis explained that the City is recommending the 22 assignment of our cable franchise from Charter Communications to 23 Atlantic. Per the review by her and by the attorney's office, 24 they have complied with the requirements of the franchise and 25 that is the reason that she is recommending it, Mr. Davis added. 26 Commissioner McCrea clarified for the benefit of the public that 27 Atlantic is buying Charter and that essentially the provisions of 28 the Charter contract are transferred to Atlantic. Commissioner 29 Wiscombe said that there will be enough public input when the 30 City begins the renegotiation process. Mr. Figueredo clarified 31 that all the Commission is doing is taking a legal look at the 32 financial, technological ability of Atlantic to assume the 33 responsibilities under the franchise. This is not the time to 34 discuss the quality of service or any other matter. Vice Mayor 35 Russell said that many complaints are brought to her attention 36 all the time about not being able to see these meetings on cable, 37 and the senior citizens never got the basic rate, and many other 38 things that the Commission was promised from the beginning. 39 Mayor Feliu said that the rate is a big subject and that he gets 40 calls all the time requesting to reduce the rate of services. 41 42 With no further comments or discussion the motion to approve 43 this item passed by a 5 -0 vote. 44 45 Commissioner Wiscombe: Yea 46 Vice Mayor Russell: Yea 47 Commissioner McCrea: Yea REGULAR CITY COMMISSION 1 4 MINUTES - January 6, 2004 1 2 3 4 5 r 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 Commissioner Bethel: Yea Mayor Feliu: Yea COMMISSION REMARKS Vice Mayor Russell said happy birthday to the Mayor and that she wished for him to enjoy his birthday. Commissioner Wiscombe said that again he wished everybody a happy new year and reminded everyone of the Farmer's Market every Saturday from 9:00 a.m. to 2:00 p.m. Commissioner McCrea congratulated the'Police Department for their magnificent work during the past couple of weeks. Commissioner Bethel said that it is count down time for him. Mayor Feliu wished everyone a happy and peaceful, prosperous new year. We have a lot of exciting challenges ahead and the input from all the residents is most welcomed, the Mayor concluded. There being no further business to come before this Body, the meeting adjourned at 9:25 P.M. Approved Attest Maria M. Menendez Acting City Clerk REGULAR CITY COMMISSION MINUTES - January 6, 2004 Horace G. Feliu Mayor 15