03-02-04 Item 11 City of South Miami
2 Regular City Commission Minutes
3 February 17, 2004
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, February 17, 2004, beginning at 7:
9 30 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Mary Scott Russell, Vice Mayor Palmer and Commissioners
14 Randy G. Wiscombe, Marie Birts- Cooper and Craig Z. Sherar.
15
16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Earl Gallop and Acting City Clerk Maria M. Menendez.
18
19 B. Invocation:
20 Invocation was delivered in silence.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s) 7:00 p.m.
26
27 (1) Presentation by Commission for Women regarding self -
28 defense classes at the Multipurpose Center.
29
30 Chair Jena Staly gave a presentation, acknowledging the
31 presence of members Monique de Paredes and Pam Lahiff. Ms.
32 Staly announced that Commission for Women is planning to honor
33 the new recipients of Vision of Women Wall during the Commission
34 meeting of March 16, 2004. She also said that they are planning
35 to have the first self- defense class at the Multipurpose Center,
36 Saturday, March 20th at 9:00 a.m. The maximum per class is twenty
37 persons. Ms. Staly then said for anyone interested in taking
38 these classes to leave a message at the Commission for Women
39 voicemail, 305 - 663 -6332. Ms. Staly then went on to announce
40 that the Junior Commission for Women is continuing to sponsor
41 the Angel Project at South Miami High School, and the Angel
42 Project at Coral Gables High School is in motion to begin.
43
44 (2) The Police Department presenting awards to the
45 following Officers:
46
REGULAR CITY COMMISSION 1
MINUTES - February 17, 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
Officer Richmond James - `Silver Medal of Valor'
Sergeant Ruben Rodriguez and Detective Michael Stroface -
`Officers of the Month' for January, 2004; and
Ms. Eileen Whitlon - Civilian Employee Recognition
Officer James was awarded for saving the life of an elderly
resident who was threatening to commit suicide. Sergeant
Rodriguez and Detective Stroface were recognized for their
extraordinary efforts in connection with drug raids. Ms. Whilton
was recognized for her good work and dedication to the Police
Department for over a decade.
Mayor Russell then recognized the presence of Circuit Court
Judge Ivan Fernandez, and that of John Rivera, president of the
Miami -Dade County PBA.
At this point, Mayor Russell adjourned until 7:30 p.m.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
Approval of Minutes - February 3, 2004
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Russell, the motion to approve the minutes passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
Mayor Russell: Yea
2. City Manager's Report
Ms. Davis welcomed the new Commission. She then announced
the appointment of new police chief, Orlando Martinez de Castro.
Mr. Martinez has a thirty -year of law enforcement and management
experience. Ms. Davis said that she has had the opportunity to
observe Mr. Martinez during his tenure in the interim capacity as
Assistant City Manager. She said that because she was impressed
by Mr. Martinez's management abilities, she placed him on an
interim basis as police chief. Meanwhile, a national search for
police chief was conducted and forty -two resumes were received
which have been reviewed. Ms. Davis said that over the last four
months she has met with every police officer as well as with
civilians in the Police Department and has asked them what they
REGULAR CITY COMMISSION 2
MINUTES - February 17, 2004
1 all expect to find in a leader. She said to be pleased with the
2 positive response towards the appointment of Mr. Martinez.
3
4 Police Chief Martinez thanked Ms. Davis for the opportunity
5 he has been provided.
6
7 Ms. Davis then referred to the five -year Capital Improvement
8 Program which outlines projects from 2001 -2006. One of the
9 things staff is working on now is to update that program,
10 identifying the projects which have already been completed. She
11 said that the program has an unfunded volume and a funded volume.
12 On the funded volume, staff has done a remarkable job,
13 accomplishing many of the projects that were on the list. She
14 informed the Commission that as soon as the program is updated,
15 they will be provided with a report showing those projects which
16 have been accomplished and those yet to be accomplished, as well
17 as some of the new issues and the capital improvement that will
18 be required over the next five years.
19
20 Ms. Davis then addressed issues which were brought to her
21 attention by Mayor Russell: (1) The police take -home cars will be
22 placed on the next agenda for discussion per Mayor Russell's
23 request; (2) About the garage project, staff will continue to
24 move forward with negotiations and asked Mr. Gallop whether it
25 would be appropriate to meet on an attorney- client session. Mr.
26 Gallop said it would be appropriate to meet on that issue, as
27 well as on other litigation issues as soon as the Commission is
28 available; (3) Mayor Russell also inquired as to why there are
29 no swings at Murray Park, and why the tot lot is in full sun with
30 no shade. Ms. Davis said that staff will be addressing this
31 issue. (4) Staff is pursuing after - school swimming lessons, also
32 at the request of the Mayor. Mr. Ricke is working on this
33 effort. (5) Also, staff will be conducting a quarterly budget
34 presentation per the Mayor's request.
35
36 Mayor Russell reminded everyone of the SW 62nd Avenue
37 Charrette scheduled for Thursday, February 26th at 7:00 p.m. She
38 also said she would like to have the Commissioners' thoughts on
39 bus benches advertisement, she said she will not like that
40 contract renewed when it expires, since she does not wish to see
41 advertisement on bus benches throughout the City any more. Mayor
42 Russell also mentioned some additional important issues such as,
43 citywide landscaping and park assessments.
44
45 Ms. Davis said that there is money in the budget for making
46 the park bathrooms ADA accessible, but there is no money in the
47 budget for renovation, however, that will be part of the five -
48 year capital improvement plan. She said that in reviewing the
49 2001 -2006 program she found that parks were not included,
50 therefore, staff is focusing now on parks for 2004 -09. About the
REGULAR CITY COMMISSION 3
MINUTES - February 17, 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
landscaping, there is a tree trust fund, therefore, she has
directed the Public Works Department to provide her with some
layouts of the different beds throughout the City which she will
be reviewing together with the Parks and Recreation Department,
and she is also planning to dress up some of the entrances to the
City. Ms. Davis then announced that the City is going to begin
an urban forestry program, and the first step will be to identify
and quantify the palms and the tree canopies throughout the City.
As soon as we have a map of the existing trees and plant
material, we will begin a master plan on how we want our City to
look in the next ten to twenty years. The forestry program
allows for the removal of inappropriate trees in a setting, and
also allows for planning of appropriate canopy in the future, she
added.
At this time, Commissioner Sherar told the City Manager that
since one of the big campaign issues was the swimming pool he
will be donating $1000 from his campaign money for the after -
school swimming program. He then challenged the community to
come, up with the rest of the money for that since he is providing
the seed. On the swings, he said that before starting to spend
money on anything, most City parks are in need of general
maintenance. He said that he would like to see an inventory of
where the playgrounds are and make sure that all parks have a
playground since in his neighborhood there is none. Commissioner
Sherar mentioned Palmer Park as one in need of maintenance and
Ms. Davis indicated that said park is the heaviest utilized park
in the "City and with that kind of usage it is virtually
impossible to keep a field in excellent condition. If the
revenue the park is getting now is not enough to maintain the
park in good condition, Commissioner Sherar then said it may be a
good idea to take a look at the user's fee in relationship to the
use. He then referred to the transportation money and asked
whether there will be another workshop on that. Ms. Davis said
that it would be a good idea to have another workshop with the
new Commission since that is a very important part of our capital
improvement and maintenance program. Commissioner Sherar then
referred to the Senior Center where they do not have a crosswalk
or a pedestrian light for the elderly to cross the street. He
also said he would like to look at the fact that we are spending
more money on SW 64th Street between SW 62nd Avenue and SW 57th
Avenue, and yet there are a lot of children that are walking from
SW 62nd Avenue to SW 67th Avenue where the sidewalk is in need of
repair. Also, on Miller Road the sidewalk stops at approximately
SW 60th Avenue, and that is an area where a lot of kids are
walking to school as well.
Vice Mayor Palmer asked, in relation to the recreation
program, whether there are any plans to increase staff on a full -
time basis. Ms. Davis explained that due to the requirements of
REGULAR CITY COMMISSION
MINUTES - February 17, 2004
4
1 said program it is not cost effective to bring in full -time
2 staff, and that is why we have part- timers, therefore, we do not
3 have plans at this point for full time personnel there.
4
5 There being no further discussion or comments, the City
6 Manager's Report concluded.
7
8 3. City Attorney's Report
9
10 Mr. Gallop informed that he had nothing to report at this
11 meeting.
12
13
14 PUBLIC REMARKS
15 (5- minute limit)
16
17 Mr. Walter Harris spoke in reference to the recent General
18 Election saying that on election day there was a circus out there
19 in the parking lot. He said that there should not be one hundred
20 people intimidating the people coming in to vote to the point
21 where the police had to go and make a pathway so that the voters
22 could get in the building. He urged the Commission to have an
23 ordinance in place regulating this. Also, he said to be appalled
24 by the presence of the PBA. Also, a ceiling on campaign spending
25 should be considered. He then urged the Commission to clarify
26 all the negative rumors relating to the incidents preceding the
27 election.
28
29 Ms. Sharon McCain urged the Commission to conduct additional
30 interviews for the position of police chief. She then referred
31 to the item on the agenda relating to a parking study by Kimley
32 Horn & Associates. Ms. McCain said that the Parking Committee
33 has met recently and has provided the City Manager with a list of
34 suggestions relating to the parking issue and requested that the
35 item be deferred if the Commission has not had the time to review
36 that list. She urged that this not be paid out of the penny tax
37 and also recommended that an RFP be conducted. She then mentioned
38 some inaccurate information published in the Miami Herald on
39 February 10th regarding former Mayor Feliu's and Mayor Russell's
40 campaign contribution, as well as who did or did not vote for the
41 Stroyne contract. Ms. McCain then read a lengthy account of the
42 former mayor's tenure. She also referred to Mayor Russell's
43 statement in her acceptance speech at the installation ceremony,
44 that she wanted to move forward and restore integrity and honesty
45 to this office and community, asking to clarify the meaning of
46 that statement.
47
48 Mayor Russell reminded that speakers are allowed five
49 minutes and that criticism about City employees and /or
50 Commissioners will not be tolerated. Mr. Gallop indicated that
REGULAR CITY COMMISSION
MINUTES - February 17, 2004
9
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
3' 0
3' 1
32
3:3
3', 4
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
the public comments section should be directed towards matters
concerning City business and not directed towards any
Commissioner sitting or not sitting.
Mr. David Tucker Sr. welcomed all the newly elected
officials, and as it is Mr. Tucker's tradition, he then went over
the details of what being a public official entails, urging them
to be honest and always to speak the truth.
Ms. Yvonne Beckman said to concur with the previous speakers
distress regarding the election. She said that all the people
who voted for former Mayor Feliu, including herself, deserved an
answer about the lingering questions of a possible setup. She
asked why the State Attorney was so readily available to put
Feliu in jail but they would not offer their help with the Booby
Trap issue. She then questioned the decision to remove twenty -
three trees allegedly deceased on SW 81St Street. She said that
upon scrutinizing the tree ordinance she could not find anywhere
in its contents that the City arborist can override our laws.
Ms. Beckman then referred to the parking study item on the Agenda
saying that at the merchants' meeting it was brought up that the
previous study which was done by the same firm had flawed data in
it.
Mr. Levy Kelly, after congratulating the newly elected
officials, said that he has been appointed as a spokesman for a
concerned citizen's coalition, and urged the Commission to
request that the State Attorney's office conducts a complete
investigation of the incidents which took place prior to the
election. Mr. Kelly referred to the swings request for Murray
Park saying that there are more pressing issues such as having a
shortage of teachers and staff in general at the Multipurpose
Center, and that we also have a problem with economic development
in the community.
Ms. Eda Harris addressed the Commission about the election
and how the residents feel, urging to conduct an investigation
regarding the incident that took place the day prior to the
election. She then said that the City seems to have been taken
over by the PBA. Ms. Harris spoke harshly about the government
of South Miami.
Ms. Valerie Newman said that she felt it is necessary to
respond to previous comments urging for an investigation
regarding the incident prior to the election. She said that
there is no need for another investigation since the State
Attorney is conducting an investigation and everything is subject
to public records. She then congratulated all the newly elected
officials saying that they have all been elected fairly and by a
majority of the residents of the City. Ms. Newman then referred
REGULAR CITY COMMISSION
MINUTES - February 17, 2004
R
1 to the SW 62nd Avenue Charrette Workshop, handing information to
2 the Commission and urging them to review it before Thursday's
3 workshop on that subject. She explained that the information
4 consists of a lawsuit filed by the Department of Community
5 Affairs against the City of South Miami, with findings that the
6 amendments to the Comprehensive Plan regarding the MU -4
7 designation of SW 62nd Avenue and three other locations were
8 inconsistent and in noncompliance with the Comp Plan. There was
9 remedial language that was applied to remedy the situation; there
10 were some housing studies that had to be done in order to bring
11 these amendments in compliance and these studies were never done.
12
13 Mr. Lee Bennett said that when the pool is open he will
14 offer his services as a CPR instructor, offering his time free of
15 charge. Mr. Bennett referred to the importance of installing
16 lighting under the metrorail. He then referred to the big trees
17 on the swale areas which need to be trimmed from time to time and
18 the people doing it are butchering' the tall, beautiful trees.
19 He then reiterated his offer, adding that he is available to
20 serve in any board or committee where he may be needed.
21
22 Mr. Adrian Ellis congratulated the newly elected officials.
23 He then referred to this past election saying that he is
24 concerned about a letter put out by the Homeowners Association,
25 which was circulating during the campaign. He said that the
26 content of said letter was race driven, showing bias and bigotry
27 towards him. He said to have copy of that letter which he sent
28 to the Justice Department, the NAACP, and various other
29 organizations. He said that such letter also had a couple of
30 current Commissioners' names on it and urged the Commission to
31 look into it.
32
33 Ms. Cathy McCann referred to the rubbish pick up which was
34 changed around the time of the past budget cycle. She urged the
35 Commission to reconsider this type of pick up for the City. She
36 said that the new containers are too large for people to move
37 them up for pick up across their lawn since not everybody has
38 straight driveways. She also questioned as to why garbage cannot
39 continue to be picked up 50 feet from the middle of the street as
40 it has been done for the past 40 -50 years, adding that she does
41 not think this new system constitute a savings of money. She
42 urged the Commission to look at this issue very carefully before
43 the next meeting. She said there is a drawback with condominiums
44 and with other types of residences. Ms. McCann said that further
45 study should be conducted to determine whether this new system is
46 appropriate for South Miami.
47
48 Mr. Carlos Cardelle congratulated the newly elected
49 officials and offered his services to the City. He then said to
50 concur with the previous speakers concerns on the transparency of
REGULAR CITY COMMISSION 7
MINUTES - February 17, 2004
1 election issues and to bring the matter to closure. He then
2 referred to the traffic situation on SW 62nd Avenue on the north
3 end of the City where he resides, with speedy motorists driving
4 by.
5
6 Mr. John Edward Smith also congratulated the newly elected
7 officials. He then said that during his twenty years of going
8 through the different elections in the City, the tone of this
9 past election may be characterized as the worst. He said that he
10 wishes that something could be done about the crowd that gathers
11 outside City Hall on the day of the election. He then said that
12 because we have a nonpartisan election, one thing this Commission
13 could do is to ban the acceptance of `soft money' from any of our
14 political parties. He then urged the Commission to move beyond
15 some of the inertia that has existed over the last few months,
16 specifically dealing with the parking garage which we need to
17 address. He said that in reviewing a marketing 'survey that his
18 firm did for the downtown businesses back in 1986, the findings
19 were that 77% of the respondents indicated that parking was the
20 main issue of their concern; 27% listed it as their second
21 concern; and, 38% listed it as their third concern.
22
23 Ms. Beth Schwartz also congratulated the newly elected
24 commission. She then referred to the `soft money' issue which in
25 her opinion should not be used in a nonpartisan election. In
26 addition, Ms. Schwartz spoke against campaign mailing put out by
27 other than the candidates. She then referred to the SW 62nd
28 Avenue Charrette and urged the Commission to review the package
29 handed out by Ms. Newman on that issue. She then referred a
30 presentation regarding the Madison Square project at a CRA
31 meeting this coming Thursday, stating that studies on this
32 project have not been done. She also questioned whether the
33 neighbors have been notified about this meeting.
34
35 Mayor Russell then requested from Mr. Gallop to make a
36 statement regarding the investigation being conducted by the
37 State Attorney's office to answer the questions being brought up
38 by many people this evening. She then thanked Mr. Tucker for his
39 comments on human understanding which is what this is based on.
40 Half -penny sales tax dollars are not for rapid transit only, but
41 also for improving transportation infrastructure citywide, Mayor
42 Russell added for clarification. She said she will be happy to
43 share all that information with anyone that may be interested.
44 She responded to Mr. Kelly regarding the swings explaining that
45 this is part of the scope of the duties that we are charged with,
46 she added. Mayor Russell said that important park issue are not
47 being neglected as a result of addressing small ones, but that
48 they are all important. Mayor Russell then announced that the
49 workshop regarding the SW 62nd Avenue Charrette is important in
50 order to bring all the new members of the Commission on the same
REGULAR CITY COMMISSION 8
MINUTES - February 17, 2004
1 page. She then asked staff to make sure that the residents are
2 properly notified of all workshops and meetings.
3
4 Mr. Gallop said that seven people had spoken tonight about
5 the issue of former Mayor Feliu's arrest on the eve of the
6 election, reflecting the shock and dismay that everyone felt as a
7 result of that incident. He said that the circumstances and the
8 timing of the arrest gave rise to what Eda Harris referred tows
9 rumors and blame. Mr. Gallop said that he wanted everyone to
10 understand that he is not passing out the facts but just
11 informing what has been reported in the press. He said that he
12 certainly believes that Mayor Feliu is entitled to a great deal
13 of gratitude for what the Commission accomplished while he was a
14 Mayor. He is entitled to respect, he is entitled to dignity and
15 ultimately, he is entitled to the presumption of innocence until
16 a trial occurs. Regarding the procedures and how the State
17 Attorney's office works, Mr. Gallop explained that a criminal
18 investigation is handled by the public corruption unit which has
19 a number of lawyers who are very active and very responsive to
20 credible allegations of criminal misconduct. The public
21 corruption unit acts and reacts much faster than the other units
22 within the State Attorney's office, and in this case they
23 received a complaint by a vendor who alleged that he was being
24 pressured to give an illegal campaign contribution, which
25 triggered a response to initiate a criminal investigation, which
26 led to an undercover operation, which led to allegedly the
27 transfer or passing of a check at City Hall the day before the
28 election, which then gave rise to an arrest based upon the
29 nature, the time, the amount of the transfer, the delivery and
30 the acceptance of the check. Concerning the decision to
31 investigate, Mr. Gallop explained that whenever the public
32 corruption unit receives a credible complaint it will investigate
33 and they will do it with the resources they have available. The
34 decisions that were made by the State Attorney's office appear to
35 be normal, professional decisions, and they do not suggest in my
36 mind, Mr. Gallop added, any kind of political manipulation.
37 Also, the decision to make the arrest the day before the election
38 resulted from the transfer of the check, and to apprehend the
39 person who possessed the check which is the evidence.' If that
40 arrest had not been made at that time, that evidence may have
41 disappeared or destroyed and may have not been able to be traced.
42 Therefore, Mr. Gallop reiterated, there is nothing in the
43 procedure that was used, in his mind, that suggests any kind of
44 political manipulation or conspiracy. Mr. Gallop also added for
45 clarification, that he had met with the City Manager at the time
46 that this incident was taking place, since it was a matter that
47 concerns the interests of the City. He said that they conferred
48 about three questions: one is, what is the roll of the City
49 Manager and the City Attorney on an ongoing criminal
50 investigation, and the answer is non whatsoever. The second
REGULAR CITY COMMISSION 9
MINUTES - February 17, 2004
1 question they addressed, he added, what should we tell the
2 Commissioners, and when. The decision was made, as a matter of
3 judgment, which I suggested Mr. Gallop said, that they should
4 tell the Commissioners nothing even after the arrest was
5 effected, because they wanted to protect the Commissioners from
6 the knowledge, so that when they learned about it they could
7 react based upon their natural reactions. The third subject that
8 was addressed was, what should be told to the public, and again,
9 the answer was, absolutely nothing. And as far as public press
10 release was concerned it should be handled by the State
11 Attorney's office, since we did not have any direct information
12 anyhow. Therefore, Mr. Gallop suggested that instead of going
13 around spreading rumors and blame, people such as Sharon McCain
14 and Eda Harris who are asking for an investigation, that they
15 come up with one credible fact or one piece of evidence to
16 support that there was any political manipulation, so that the
17 appropriate authorities may undertake an investigation, but at
18 this time there are no facts suggesting that any political
19 manipulation was involved whatsoever. Mr. Gallop said that he
20 hopes we can get beyond all of this, and hopes that justice takes
21 its course, and that we can move on to such subjects as campaign
22 reform which we all agree is very much needed.
23
24 After there were no further comments, the public remarks
25 were closed.
26
27 At approximately 9:05 p.m. Mayor Russell adjourned for a 5-
28 minute recess.
29
30 At approximately 9:15 p.m. the meeting resumed.
31
32 Commissioner Sherar said that when it comes to election
33 campaign laws and limitation on contribution in small towns he
34 will let somebody else to reinvent the wheel. As far as the
35 comments regarding the PBA and the police take -home cars he said
36 that he does not think that there is any individual officer in
37 our Police Department that would neglect his duties based upon
38 anything that happens with the PBA. Those men have always been
39 police officers first and PBA members second, including Mr.
40 Speakman who publicly wrote a letter that he was not going to
41 help him or his family, adding that he and the officer have
42 resolved that issue, and that he has no concern whatsoever about
43 every resident in this City getting adequate protection from the
44 individual officers. He then said he would not be able to attend
45 the CRA meeting on Thursday as scheduled. He said that the
46 meeting has not been properly noticed and asked that the meeting
47 be moved. About the election he said that enough has been said
48 about that, and some day a judge is going to make a decision
49 about that, some people will be happy and some people will not,
50 but we will not know until that is over with. We have more
REGULAR CITY COMMISSION 10
MINUTES - February 17, 2004
I important things around here, everybody said what they wanted to
2 say, everybody knows what their position is, let's move on and do
3 the City's business, Commissioner Sherar concluded.
4
5 Vice Mayor Palmer said that although she realizes that many
6 people are hurting, we must get passed through this because there
7 is much work that we have to do, so we have to get united and
8 move on.
9
10 Mayor Russell acknowledged the presence of Frank Cobo from
11 the School Board, and thanked Commissioner Bethel for coming to
12 the meeting as well.
13
14 Commissioner Birts- Cooper pulled item #4 (now item #7), and
15 Vice Mayor Palmer pulled item #5 (now item #8), from the Consent
16 Agenda.
17
18
19 CONSENT
20 (None)
21
22
23 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
24 (None)
25
26
27 RESOLUTION (S) /PUBLIC HEARING (S)
28 (None)
29
30 RESOLUTION (S)
31
32 Resolution No. 25 -04 -11804
33 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
35 MANAGER TO ENTER INTO AN AGREEMENT WITH KIMBLY -HORN AND
36 ASSOCIATES, INC. TO PERFORM AN INVENTORY /STUDY OF
37 EXISTING PARKING WITHIN THE CITY'S BUSINESS DISTRICT,
38 FOR A LUMP SUM FEE NOT TO EXCEED $17,650.00; AND
39 PROVIDING AN EFFECTIVE DATE. 3/5
40 (City Manager)
41
42 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
43 approve this item.
44
45 Ms. Davis started by addressing a couple of comments brought
46 up during the Public Remarks section regarding the Kimley -Horn
REGULAR CITY COMMISSION 1 1
MINUTES - February 17, 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
study. During a meeting with the downtown merchants which she
recently attended, Ms. Davis said that the issue came up that
there was a study done a couple of years ago which indicated that
we had a surplus parking downtown of approximately 240 spaces.
She clarified that this was not a parking study but rather an
intermodal transportation study, and an old parking study which
was done in 1992 was included in that study. The 1992 parking
study did reflect that there was a surplus of approximately 240
parking spaces. That was twelve years ago, and also since then
the Shops at Sunset have been built, and a 700 space variance was
given to the Shops. Ms. Davis said for clarification that she
did not intend to say that the parking study was flawed but that
it contained old data and that it was rather an intermodal
transportation study to which the residents were referring. Ms.
Davis said that it is good governance to understand and to plan
for infrastructure. Also for clarification, in reference to
comments regarding going for an RFP, Ms. Davis explained that we
are not bidding commodities, rather we are requesting services
and there is a law specifically prohibiting going for RFP when it
comes to services. She said to believe that the price of
$17,650.00 is reasonable given the amount of research and
analysis that it is required to properly determine what our
parking situation is now and where we need to go in the future.
She also specified that the Peoples Transportation Tax Fund is
the perfect fund to use, and that is why the voters put it in
place. She then congratulated the Parking Committee for the
wonderful job done analyzing the parking situation downtown.
They developed a document that shed light in a lot of areas that
there may have been a concern, where an outside engineer may not
know or recognize. She said to have forwarded said document to
the engineering firm and they have in fact incorporated it in
their proposal, with the exception of the December analysis,
since our parking needs are different during the holidays as
opposed to the rest of the year.
Commissioner Birts- Cooper asked whether this item had been
included in the budget. Ms. Davis explained that it is not
coming out of the General Fund and that it was not included in
the 5-year plan but the beauty of the plan is that we can adjust
priorities and that is what we are doing.
Vice Mayor Palmer asked how this study will impact the
parking garage considering the fact that there is an ongoing
litigation and we do not know how much longer it will take to
settle it. The Vice Mayor said to be concerned about a study
done today, if for instance the litigation is not resolved for
five more years, then this study will again be outdated. Ms.
Davis said that this study will help in determining how we are
going to proceed with the parking garage and that she hopes that
this litigation will be resolved soon, but in any case, she
REGULAR CITY COMMISSION 12
MINUTES - February 17, 2004
1 explained that it is a good idea to update this analysis every 5-
2 7 years particularly when it comes to infrastructure
3 requirements. She emphasized that it is imperative that we know
4 where we stand at the present time when it comes to parking
5 needs.
6
7 Commissioner Sherar said that although he agrees that there
8 is a need to have something done about the parking situation, the
9 proposed money could be used on something else. He questioned
10 whether we need to bring somebody from the outside or whether we
it can do it in- house. He suggested that Mr. Stroyne could easily
12 conduct an inventory of existing parking supply. He then said
13 that Miami -Dade County and the property appraiser have a huge
14 database that may be helpful. He also offered the suggestion of
15 exploring the possibility of requesting the University of Miami
16 or Florida International University whether or not their
17 department dealing with traffic engineering would be willing to
18 take this on as a project for a graduate student. Commissioner
19 Sherar said to support the concept of the study but would rather
20 see it done in- house. He also said that in the future he would
21 like for staff to conduct an evaluation to determine whether
22 studies of this type can be done in- house. Ms. Davis said that
23 it is the practice of staff to evaluate whether any study can be
24 done in -house before we go for consulting services, but we do not
25 have the expertise in -house in this case to do this study.
26
27 Commissioner Wiscombe said to concur with Commissioner
28 Sherar. However, he said that this type of study calls for a lot
29 of detail and may not be so simple to do. He said that another
30 concern he has is that we have given parking credit to use the
31 metrorail parking and nobody uses it. He said that the City
32 needs to find a way to enforce that. Also, he said that we need
33 to study the banks lots and all other private lots, what hours
34 they use and what is going to be the peak use, and he does not
35 think that we have the manpower to count all these areas. He
36 said to agree with the City Manager in the sense that a college
37 student should not be giving us a professional advice since they
38 do not have the degree or the experience to come up with an
39 accurate analysis. Commissioner Wiscombe said that he understands
40 the concern with the price of the study and added that he does
41 not know what the going rate is. Ms. Davis said that she would
42 not have brought it to the Commission if she had a problem with
43 the rate. She said that working with consultants for the last
44 twenty years she is very familiar with the rates and how involved
45 these studies are.
46
47 At this point, Ms. Davis introduced Mr. Greg Kyle, with
48 Kimley -Horn. Mr. Kyle said he has ten years in the field and the
49 support of a highly trained staff.
50
REGULAR. CITY COMMISSION 13
MINUTES - February 17, 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
With no further comments or discussion, the motion to
approve this item passed by a 4 -1 vote.
Commissioner Wiscombe: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Nay
Mayor Russell: Yea
Resolution No. 26 -04 -11805
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING
BOARD TO INITIATE THE PROCESS TO AMEND LAND DEVELOPMENT
CODE SECTION 20 -6.1 (C)(1)(a) IN ORDER TO MODIFY THE
RESIDENCY REQUIREMENT FOR THE LANDSCAPE ARCHITECT
MEMBER OF THE ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe to
approve this item.
Ms. Davis explained that it has been difficult to fill the
current vacant position with a landscape architect since the code
requires that he /she must live in the City. This resolution is
just to direct the Planning Board to modify the residency
requirement for the landscape architect member of the ERPB.
Commissioner Wiscombe inquired whether there is anything in
the code prohibiting the landscape architect to work for a
company that does business with the City.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, to amend this item by adding in the language "the person
who seats on the board cannot work for a company that is a vendor
with the City," the motion passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
Mayor Russell: Yea
Moved by Commissioner Sherar to further amend this item by
adding in the language "only if a resident cannot be found to
fill the position." The motion died with no second.
REGULAR CITY COMMISSION
MINUTES - February 17, 2004
14
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
Moved by Mayor Russell, seconded by Commissioner Sherar, a
second amendment to this item by adding in the language "to waive
the residency requirement for the landscape architect position on
the ERPB if a resident cannot be found." The motion passed by a
5 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
Mayor Russell: Yea
With no further comments or discussion, the motion to
approve this item as a whole and as amended passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
Mayor Russell: Yea
Resolution No. 27 -04 -11806
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF
THURSDAY FEBRUARY 26, 2004 STARTING AT 7:00 PM IN THE
SOUTH MIAMI CITY COMMISSION CHAMBER FOR A PUBLIC
WORKSHOP ON THE "SW 62' AVENUE CORRIDOR CHARRETTE"
REPORT; WHICH RESULTED FROM A CITY SPONSORED CITIZENS
PLANNING EVENT; AND DIRECTING THE ADMINISTRATION TO
ADVERTISE THE PUBLIC WORKSHOP AND PROVIDE MAIL NOTICE;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe to
approve this item.
Ms. Davis explained that this is simply to set a date to
conduct a workshop to discuss the SW 62nd Avenue Charrette.
Mayor Russell said to make sure that Vice Mayor Palmer and
Commissioners Birts- Cooper and Sherar are provided with an
updated packet of the Charrette.
Commissioner Birts- Cooper said that it would have been
better if the workshop were held on a weekend instead of a
Thursday night so that more people could attend.
With no further comments or discussion, the motion to
approve this item passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
REGULAR. CITY COMMISSION 15
MINUTES - February 17, 2004
1 Vice Mayor Palmer: Yea
2 Commissioner Birts- Cooper: Yea
3 Commissioner Sherar: Yea
4 Mayor Russell: Yea
5
6 Resolution No. 28 -04 -11807
7 7. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
8 CONTRACT AND ALL APPICABLE DOCUMENTS WITH PROPERTY
9 BUREAU, INC. FOR ON -LINE AUCTIONING OF SURPLUS ITEMS
10 FROM THE POLICE DEPARTMENT'S PROPERTY AND EVIDENCE ROOM
11 AND PROVIDE FOR AN EFFECTIVE DATE. 3/5
12 (City Manager)
13 Moved by Mayor Russell, seconded by Commissioners Wiscombe
14 and Sherar to approve this item.
15
16 Commissioner Bists- Cooper, who pulled this item from the
17 Consent Agenda, asked whether the residents would have first bid
18 on this auction. Assistant Chief Mills explained that the items
19 will be up for auction on the internet, totally open to the
20 world, on a first -come, first- served basis.
21
22 Commissioner Sherar suggested placing a link to the auction
23 site on the City's website.
24
25 Commissioner Wiscombe suggested having a key word on the
26 internet, such as "municipal" to facilitate the search.
27
28 Commissioner Sherar inquired whether a similar auction would
29 be held for other department. Ms. Davis explained that there is
30 also a regular auction scheduled to take place February 28th, at
31 the Public Works Department, but it will not be online.
32
33 To answer Commissioner Birts- Coopers' question, Ms. Davis
34 said that these auctions are offered once a year by the City.
35
36 With no further comments or discussion, the motion to
37 approve this item passed by a 5 -0 vote.
38
39 Commissioner Wiscombe: Yea
40 Vice Mayor Palmer: Yea
41 Commissioner Birts- Cooper: Yea
42 Commissioner Sherar: Yea
43 Mayor Russell: Yea
44
45
46 Resolution No. 29 -04 -11808
47 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
48 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HAMMOCK HOUSE
49 PROPERTY, AUTHORIZING THE CITY MANAGER TO PAY THE 2003
REGULAR. CITY COMMISSION 16
MINUTES - February 17, 2004
1 REAL ESTATE TAX NOT EXCEEDING $7,000.00 TO MIAMI -DADE
2 TAX COLLECTOR ON THE VAN SMITH PROPERTY; CHARGING THE
3 PAYMENT TO ACCOUNT NUMBER 001 - 2100 - 519 -9920, TITLED
4 GENERAL CONTINGENCY; AND PROVIDING AN EFFECTIVE DATE.3 /5
5 (City Manager)
6 Moved by Mayor Russell, seconded by Commissioner Sherar to
7 approve this item.
8
9 Vice Mayor Palmer, who pulled this item from the Consent
10 Agenda, said to be concerned by this tax being paid this year.
11 She asked that in the event that the present owner decides not to
12 sell this property to the City, will the taxes that the City has
13 paid be returned to the City.
14
15 Mr. Gallop explained that the City has a contract to
16 purchase the entire Van Smith property. When the City purchased
17 part of the property, it had only sufficient grant funds to
18 purchase about one -third of it. The City is working on getting
19 additional grant funds to purchase the remainder. The obligation
20 to pay the property taxes is the option price of the contract to
21 buy the remainder. Therefore, if the City pays the option amount
22 of $7,000.00 and decides to exercise the option to buy the
23 property, then the seller has an obligation to sell it to the
24 City. On the other hand, if the City does not buy the remainder
25 of the property, the City will not get that money back. Vice
26 Mayor Palmer then asked whether the City has the money to buy
27 this property. Ms. Davis said that together with the Finance
28 Director, she is looking at various options, and at this point
29 the answer is no. She indicated that she is looking at creative
30 ways which we can afford, since she knows it is the desire of the
31 residents as well as the Commission to acquire as much green
32 space as possible.
33
34 Mayor Russell said that this is a step that the City is
35 taking in order to preserve the land to add to our green and open
36 space inventory and to prevent a developer from buying and
37 developing it.
38
39 Commissioner Wiscombe clarified that the City will not be
40 plating this parcel whatsoever.
41
42 With no further comments or discussion, the motion to
43 approve this item passed by a 4 -1 vote.
44
45 Commissioner Wiscombe: Yea
46 Vice Mayor Palmer: Nay
47 Commissioner Birts- Cooper: Yea
48 Commissioner Sherar: Yea
49 Mayor Russell: Yea
REGULAR CITY COMMISSION 17
MINUTES - February 17, 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
ORDINANCE (S) FIRST READING (S)
(None)
COMMISSION REMARKS
Commissioner Birts- Cooper said for the records that she
would like to correct an oversight in her closing remarks at the
installation ceremony where she did not publicly congratulate
Mayor Russell. She said she wished to both congratulate and
apologize to her. She said that she understands that she will be
making more mistakes along the way as a new commissioner, but
that she intends to learn and move on to City business. She then
said good night and thank you to everyone.
Vice Mayor Palmer asked the City Manager if she could direct
some police officers to monitor the traffic during peak hours.
Ms. Davis asked whether the Vice Mayor had any specific areas of
priority in mind. Ms. Davis said that we have limited resources
for traffic enforcement on a full -time basis.
Commissioner Sherar urged the public to call him by his name
and not to refer to him as "some commissioners." He also said to
have the CRA meeting properly noticed.
Commissioner Wiscombe said that he looks forward to work
with all the new members of the Commission. He then indicated
that at SW 59th Place and SW 64th Street there should be a 4 -way
stop installed. He said this to be necessary in order to prevent
a child from being hurt. Ms. Davis clarified that the City does
not have the authority to install 4 -way stops. It is a process
through Miami -Dade County traffic engineering but that staff will
be requesting it.
Mayor Russell asked the City Attorney about the possibility
to move the CRA meeting to Monday, February 23rd without
violating the By -Laws since the January meeting was skipped and
the February meeting has also been moved a couple of times. Mr.
Gallop said that any member of the CRA Board can request a
special CRA meeting. Mayor Russell then with the affirmation of
the entire Commission, moved the CRA meeting to Monday, February
23rd at 6:30 p.m.
Mayor Russell then acknowledged the unfortunate incident
regarding former Feliu on the eve of the election. She said she
wishes to keep these meetings focused on the business of the
City. She also said she would like to see the letter that Mr.
Ellis mentioned. We have a lot of positive things ahead, there
REGULAR CITY COMMISSION 18
MINUTES - February 17, 2004
1 are no heart feelings, and any comments that I made under duress,
2 please do not misunderstand them as derogatory to anyone, she
3 added. She then explained to her colleagues on the dais that
4 most of the questions, such as the ones asked tonight, can be
5 made beforehand, either by contacting the City Manager or the
6 City Attorney, and that will help to expedite the meetings.
7
8 There being no further business to come before this Body,
9 the meeting adjourned at 10:25 P.M.
10 Approved
11 Attest
12
13
14 Maria M. Menendez Mary Scott Russell
15 Acting City Clerk Mayor
REGULAR CITY COMMISSION 19
MINUTES - February 17, 2004