02-17-04 Item 11
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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
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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:
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10 Approval of Minutes - January 20, 2004
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12 Moved by Vice Mayor Russell, seconded by Commissioner
13 Wiscombe, the motion to approve the minutes passed by a 5 -0 vote.
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15 Commissioner Wiscombe: Yea
16 Vice Mayor Russell: Yea
17 Commissioner McCrea: Yea
18 Commissioner Bethel: Yea
19 Mayor Feliu: Yea
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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.
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26 2. City Manager's Report
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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.
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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.
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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
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1 that he provided her, and thanked him for all his dedication to
2 the City.
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4 There being no further discussion or comments, the City
5 Manager's Report concluded.
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7 3. City Attorney's Report
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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.
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14 PUBLIC REMARKS
15 (5- minute limit)
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17 Mayor Feliu addressed the public by saying that he would not
18 tolerate any political attacks, innuendos, or politically charged
19 comments.
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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.
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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.
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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.
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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.
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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.
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9 Mayor Feliu reminded everyone to refrain from speaking about
10 other than City business.
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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.
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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."
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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.
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35 After there were no further comments, the public remarks
36 were closed.
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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.
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45 Commissioner Wiscombe: Nay
46 Vice Mayor Russell: Yea
47 Commissioner McCrea: Yea
48 Commissioner Bethel: Nay
49 Mayor Feliu: Nay
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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
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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)
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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)
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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.
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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
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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.
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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
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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,
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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
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Horace G. Feliu
Mayor