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02-17-04 Item 11 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 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, February 3, 2004, beginning at 7: 30 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. Presentation by Commission for Women, Co -Chair Monique de Paredes - Nomination for "Women of Vision Wall." The Women of Vision Wall was established by the South Miami Commission for Women, as the City celebrated its 75th Anniversary in 2002. In celebration of Women's History Month, additional women will be recognized each year during the month of March. Ms. Monique de Paredes presented the Commission with the following four nominees for the upcoming March 2004 awards: 1. Ruth Klipp Palmer, nominated by Helena P. Willis 2. Clara M. Brooks, nominated by Joyce M. Price 3. Sherrie Avery, nominated by Monique de Paredes -Kay 4. Jean Willis, nominated by Susan Redding South Miami Kiwanis Club - "Annual Pancake Day" Proclamation Mayor Feliu presented a Proclamation to the South Miami Kiwanis Club, extending them official recognition as they host REGULAR CITY COMMISSION MINUTES - February 3, 2004 1 1 their 48th "Annual Pancake Day," and for their contribution to 2 the betterment of this community, proclaiming Tuesday, February 3 3rd, 2004 as "Kiwanis Club Day" in the City of South Miami. This 4 event will take place Saturday, February 7th, 2004, from 8:00 5 a.m. to 12:00 p.m. at the Elks Club, and all the proceeds will 6 go to the Ronald McDonald House. 7 8 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 9 10 Approval of Minutes - January 20, 2004 11 12 Moved by Vice Mayor Russell, seconded by Commissioner 13 Wiscombe, the motion to approve the minutes passed by a 5 -0 vote. 14 15 Commissioner Wiscombe: Yea 16 Vice Mayor Russell: Yea 17 Commissioner McCrea: Yea 18 Commissioner Bethel: Yea 19 Mayor Feliu: Yea 20 21 22 As the presentations concluded early, at approximately 7:15 23 p.m., Mayor Feliu, with the consensus of the entire Commission 24 adjourned until 7 :30 p.m. to start the meeting. 25 26 2. City Manager's Report 27 28 Ms. Davis advised the Commission of her formal appeal to a 29 recent ERPB ruling on a commercial property involving tree 30 removal. She then said having some concern with regard to the 31 composition of the ERPB relating to landscape experience. The 32 composition of the board specifies that the landscape 33 architect(s) must live in the City, making if difficult to meet 34 that requirement. Ms. Davis said that she has requested to 35 initiate an amendment to the Land Development Code (LDC) to 36 eliminate the existing restriction relating to the landscape 37 architect requirements. 38 39 Ms. Davis then referred to a previous concern relating to 40 some trees which had been removed at 5760 SW 81St Street. She 41 explained that as soon as the arborist returned from vacation she 42 verified that in the arborist's opinion none of the material on 43 the property warranted saving since none met the arborist's 44 standards. 45 46 Ms. Davis, in conclusion, praised Commissioner Bethel for 47 his unselfish commitment and contribution to the community such 48 as crime prevention, keeping the City clean, tree canopy and much 49 more. She said she will miss the many talks and the guidance REGULAR CITY COMMISSION 2 MINUTES - February 3, 2004 1 that he provided her, and thanked him for all his dedication to 2 the City. 3 4 There being no further discussion or comments, the City 5 Manager's Report concluded. 6 7 3. City Attorney's Report 8 9 Moved by Vice Mayor Russell and seconded by Mayor Feliu, the 10 City Attorney's Report was moved further until the arrival of the it City Attorney. 12 13 14 PUBLIC REMARKS 15 (5- minute limit) 16 17 Mayor Feliu addressed the public by saying that he would not 18 tolerate any political attacks, innuendos, or politically charged 19 comments. 20 21 Mr. David Tucker Sr. referred to Election Day as one of the 22 traditionally important events of the American culture. Mr. 23 Tucker basically recited the details involved in a regular 24 election. 25 26 Ms. Cathy McCain referred to resolutions on the Agenda 27 relating to Boards and Committees appointments. She requested 28 that these appointments be postponed until after the election. 29 Ms. McCain said that it would be only fair to postpone these 30 until the new Commission is in place. Mayor Feliu explained that 31 the reason for the appointments is that there were vacancies to 32 be filled and also many terms had expired. 33 34 Mr. Dick Ward commended Commissioner Bethel saying that 35 there has never been anyone that has looked after the children of 36 this community the way he has. Mr. Ward said that he hopes that 37 the new commissioner that will succeed him will be just as 38 conscientious as he has been through the years about children's 39 issues. Mr. Ward then referred to the numerous political signs 40 displayed throughout the City and recommended that an ordinance 41 be proposed prohibiting the display of political signs. 42 43 Ms. Valerie Newman concurred with Mr. Ward on the political 44 signs issue. Also, she referred to the overwhelming amount of 45 political advertisement in her mailbox. In reference to the 46 existing ordinance limiting contributions to candidates in the 47 amount of $250., she urged the Commission to draft a new 48 ordinance limiting the contributions to $5,000. 49 1 Ms. Yvonne Beckman said that the tone of this campaign is 2 pathetic. She then said to be willing to pay for the cost of 3 transporting those twenty -five elderly people to a picnic 4 recently. She said she does not want this incident to turn into 5 a legal quagmire, and mentioned the "Gun lock law" and the "Booby 6 Trap" which have cost a fortune in legal fees to the City, Ms. 7 Beckman added. 8 9 Mayor Feliu reminded everyone to refrain from speaking about 10 other than City business. 11 12 Ms. Sharon McCain praised Commissioner Bethel saying that he 13 reminds her of her father -in -law, a man of little words but when 14 he spoke everybody listened. She urged him to continue his good 15 works now as a regular citizen after his retirement from public 16 service. Ms. McCain referred to a couple of houses which were 17 recently demolished at the following two addresses, 7821 SW 58th 18 Avenue and 5776 SW 77th Terrace. She then referred to the 19 recently held debate, saying that she had been verbally attacked 20 during the debate. 21 22 Ms. Velma Palmer referred to the Agenda items relating to 23 appointments and re- appointments to the different boards, asking 24 whether these were due to expired terms or whether they were 25 being appointed early. She then urged that the candidates, when 26 elected, do not "disappear in thin air." 27 28 Mr. Adrian Ellis commended Commissioner Bethel for his 29 outstanding dedication and service to the community for so many 30 years. He said to hope that Commissioner Bethel's successor will 31 follow on his footsteps and try to be as dedicated as he has 32 been. Mr. Ellis thanked the Commissioner for all he has taught 33 him. 34 35 After there were no further comments, the public remarks 36 were closed. 37 38 39 CONSENT M 41 Moved by Commissioner McCrea, seconded by Vice Mayor 42 Russell, the motion to pull items number 4 through 7 from the 43 Consent Agenda failed by a 2 -3 vote. 44 45 Commissioner Wiscombe: Nay 46 Vice Mayor Russell: Yea 47 Commissioner McCrea: Yea 48 Commissioner Bethel: Nay 49 Mayor Feliu: Nay REGULAR CITY COMMISSION 4 MINUTES - February 3, 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 Resolution No. 16 -04 -11795 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING HELEN MASSEY TO SERVE ON THE COMMISSION FOR SENIOR CITIZENS FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Resolution No. 17 -04 -11796 S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CAROL MARK, BETTY BANKS, GIORGIO BALLI AND APPOINTING PETER T. JUDE TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Resolution No. 18 -04 -11797 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING SUSAN REDDING, PAM LAHIFF AND ANN MARIE CLYATT TO SERVE ON THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Resolution No. 19 -04 -11798 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING RICK FREEBURG AND APPOINTING JAMES D. DUNDORF TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 2, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Resolution No. 20 -04 -11799 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER FOR ADDITIONAL DRAINAGE IMPROVEMENTS PURSUANT TO SECTION 10.03 OF THE PROTURF, INC. AGREEMENT FOR THE DANTE FASCELL PARK TENNIS COURT IMPROVEMENTS WHICH CHANGE ORDER WILL REGULAR CITY COMMISSION MINUTES - February 3, 2004 5 RESULT IN CONSTRUCTION COSTS IN THE AMOUNT OF $9,981.52 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001 - 0000 -132 -2060; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Resolution No. 21 -04 -11800 9. 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 $7,186.46; CHARGING $356.01 TO ACCOUNT NO. 1500 -514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $4,915.84 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; AND CHARGING $1,914.61 TO ACCOUNT NO. 1500 -514 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Resolution No. 22 -04 -11801 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $4,108.54; CHARGING $4,108.54 TO ACCOUNT NO. 1500 - 514 -3440, OTHER CONTRACTUAL SERVICES - CONSULTING LABOR; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Resolution No. 23 -04 -11802 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $2,325.09; CHARGING $2,325.09 TO ACCOUNT NO. 1500 -514- 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Resolution No. 24- 04- 11803 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER PURSUANT TO SECTION 7 OF THE CITY— SERRALTA REBULL SERIG, INC. AGREEMENT FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS - PHASE 2 CONSTRUCTION TO ACCEPT THE ASSIGNMENT OF THE AGREEMENT FROM SERRALTA REBULL SERIG, INC. TO SERRALTA REBULL SERIG CONSTRUCTION, INC.; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) REGULAR CITY COMMISSION 6 MINUTES - February 3, 2004 1 2 Moved by Mayor Feliu, seconded by Commissioner Bethel, the 3 motion to approve the Consent Agenda passed by a 3 -2 vote. 4 5 Commissioner Wiscombe: Yea 6 Vice Mayor Russell: Nay 7 Commissioner McCrea: Nay 8 Commissioner Bethel: Yea 9 Mayor Feliu: Yea 10 11 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 12 13 Ordinance No. 01 -04 -1808 14 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; 16 CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION 17 FRANCHISE FROM CHARTER COMMUNICATIONS L.L.C. TO 18 ATLANTIC BROADBAND, L.L.C.; PROVIDING FOR SEVERABILITY, 19 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 20 (City Manager) 21 22 Moved by Vice Mayor Russell, seconded by Commissioner 23 Wiscombe to approve this item. 24 25 Ms. Davis explained that the City is consenting to the 26 assignment of cable television from Charter Communications to 27 Atlantic Broadband. She said that the attorneys have reviewed 28 the agreement. She has also reviewed it, therefore she 29 recommends approval. 30 31 Commissioner McCrea said he was asked whether the City had 32 reviewed the ability of Atlantic to take over the contract and 33 whether they have sufficient resources. Ms. Davis said that she 34 would not have recommended it if she had not reviewed the 35 contract. Commissioner McCrea said that he only asked in order 36 to have it on record. Mr. Gallop said that they had reviewed it 37 from the points of view of both technical and financial 38 capability to continue operations. 39 40 Vice Mayor Russell said that while this issue is on the 41 table, she is taking this opportunity to point out that the 42 quality of the local cable channel is deplorable. She said that 43 this is one of the most glaring examples of our inability to 44 communicate with the residents, and we would appreciate help with 45 that, she added. Mr. Gallop explained that one of the aspects of 46 this action is that Atlantic Broadband will enter into 47 negotiations for franchise renewal within the next three months. 48 This subject matter and others will be part of those REGULAR CITY COMMISSION 7 MINUTES - February 3, 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 negotiations, Mr. Gallop added. Vice Mayor Russell thanked Mr. Gallop and requested this to be on the records. Commissioner Wiscombe, also for the records, referred to the discount that the seniors were promised and never received and that needs to be taken care of. At this time Mr. Gallop advised that this is a public hearing item, the Mayor announced it but there were no speakers for this item. 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 Ordinance No. 02 -04 -1809 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; ADDING TWO SUB- PARAGRAPHS TO SECTION 11 -4 AND AMENDING SECTIONS 11 -19 (a) , (b) AND 11 -21 (a) , (b) OF THE CODE OF ORDINANCES ENTITLED "DEFINITIONS", "REFUSE CONTAINERS" AND "EXTENT OF SERVICE AND POINTS OF COLLECTION "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner McCrea, seconded by Mayor Feliu to approve this item. Ms. Davis said that this is simply a "housekeeping" item on second reading, and pertains to having to change some of the language in our ordinance relating to "Refuse Containers," because of the transition from manual to automated system. Ms. Davis at the request of Commissioner McCrea informed that the new system will be implemented on April 5th. Ms . Davis said that the residents are being notified by mail and by door hangers about the new implementation, and indicated that anyone requiring further information on this issue may contact the Public Works Department. At this point Mayor Feliu opened for public hearing. REGULAR CITY COMMISSION MINUTES - February 3, 2004 8 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 Ms. Cathy McCann referred to this issue as an important change for the City, however not a popular one. She indicated that the door hangers were not such a good idea particularly for those residents who might be out of town, where the notice will remain on the door basically announcing that there is nobody home. She recommended that the City notifies residents by mail. Ms. Davis reiterated that the residents are being notified by mail. 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 City Attorney's Report (Deferred from the beginning of the Agenda) Mr. Gallop informed that they have initiated the process in the case of Verizon Wireless, for the City, concerning the stealth tower matter. He added that this case has been assigned to Rick McDuff at his request and will keep the Commission informed. There being no further discussion or comments, the City Attorney's Report concluded. RESOLUTION (S) /PUBLIC HEARING (S) (None) RESOLUTION (S) (None) ORDINANCE (S) FIRST READING (S) (None) COMMISSION REMARKS Vice Mayor Russell said that she has discussed with the City Manager the assessment and action item list for our parks REGULAR CITY COMMISSION 9 MINUTES - February 3, 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 restrooms. Reports show that they are in deplorable condition, and said that she wished to inform everyone that Ms. Davis has agreed with her to do the assessment analysis and to begin an action item list on those facilities. She then referred to Commissioner Bethel's departure from the Commission, recalling that six years ago when she first joined the Commission he was already part of it. She said that together they have had the most amazing six years. We were the All America City; we received funding in Tallahassee for the first time, we took that walk together for the very first time and we were extremely successful; we worked hard on CRA related issues; we have seen the two Multipurpose Center buildings completed, the first new constructions the City has seen in thirty years; we have new tot lots in all of our parks that are ADA accessible. We have been together in all those items, as well as the gun safety awareness, and I want to thank you for your time and it has been a pleasure working with you. Vice Mayor Russell concluded by urging everyone to come and vote on February 10th Commissioner Wiscombe commended Commissioner Bethel and started by saying that eight years ago when he first got involved in politics and doing things for the community Commissioner Bethel was always there. Both as a colleague and as a friend, Commissioner Bethel is a model to this community of what Dr. King was all about by treating people fairly, Commissioner Wiscombe added. You will be missed but I know where to find you, Commissioner Wiscombe continued, right next to me at the Farmer's Market getting busy with all those deep fried turkey legs. He then wished lots of luck to all of those running, saying that it is not easy to get out and fight for what you believe in. He also said that it has been a pleasure working with all the Commission. He finally thanked all his colleagues for bringing their own talents and dedication to the community. Commissioner Wiscombe then urged everyone to come out and vote on February 10th . Commissioner McCrea said to Commissioner Bethel that he wanted to reiterate his appreciation for his service to the community and to this commission. He said that he knows that Commissioner Bethel will stay involved which is a good thing because we all need his wisdom and dedication. Commissioner Bethel started by saying I will tell you all "how David Bethel got here... my students, my students." He said that when he was in the classroom he was both the mother and the father, and always let his students know that. At lunch time instead of joining the other teachers, he chose to stay with his students so that he could show them good table manners. He also showed them how to appreciate food, even if they did not pay for it, and if they did not want it they could not throw it away, REGULAR CITY COMMISSION 10 MINUTES - February 3, 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 somebody else at the table could eat it. He said that he learned his lesson at the Marine Corps, because it was tough there. When he retired from his teaching career after thirty -seven years, he ran for public office with only $2,000, and he had $800 left when he won. He said that he ran not because he just wanted to be a commissioner but because he wanted to help his community. He said that every morning when he said good morning to his students they had to recite to him, "I want to make myself better today than I was yesterday, my teacher cannot do this for me, I must do this for myself, if a task is one that I have begun, I should never leave it until is done, be the laborer great or small, do it well or not at all." He said that he has just received "Who's Who in America" as far as education, and the person who recommended him is a Hispanic doctor whom he, taught in second grade. He said that he instilled good manners into his students and the boys had to wear ties to school. Commissioner Bethel told a few stories relating to the many students he has taught throughout his long teaching career. He urged to be united and to strive for diversity in the City. Mayor Feliu said that the City of South Miami is a better place because of Commissioner David Bethel. David is a man who stands for honesty, commitment and loyalty. With Commissioner Bethel you know where you stand, if he does not like you he will tell you. Mayor Feliu talked about the time when he ran for an empty seat and was opposed by Commissioner Wiscombe, and jokingly recalled when he went to see Commissioner. Bethel to ask him for his support and he said no, I don't even know you, and it took a long time to win his approval of me which I value and certainly appreciate. The Mayor said that Commissioner Bethel always stood firm on his ideals and decisions. He mentioned Armando Hernandez who administers the Best Western Hotel in South Miami as one good example of Commissioner Bethel's students. Commissioner Bethel then announced that he will be on the Board of Directors with South Miami Hospital. Mayor Feliu then thanked Chamber South and the Homeowners' Association for each recently hosting a forum for the candidates. He then reminded everyone to take advantage of early voting being held all this week. There being no further business to come before this Body, the meeting adjourned at 8:31 P.M. Approved Attest Maria M. Menendez Acting City Clerk REGULAR CITY COMMISSION MINUTES - February 3, 2004 11 Horace G. Feliu Mayor