04-06-04 Item 1b1 City of South Miami DRAFT
2 Regular City Commission Minutes
3 March 16, 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, March 16, 2004, beginning at 7:30
9 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.
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16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Earl Gallop and City Clerk Maria M. Menendez.
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19 B. Invocation:
20 Invocation was delivered in silence.
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22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
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25 D. Presentation(s) 7:00 p.m.
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27 1) Commission for Women presenting inductees for
28 `Women of Vision Wall.'
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30 Ms. Jena Staly, Chair of the Commission for Women,
31 introduced members Monique de Paredes, Donna Masson and Pam
32 Lahiff. Ms. Staly addressed the Commission by saying that March
33 is Women's History Month, and that she was pleased to announce
34 that the Commission for Women has been able to sponsor two events
35 this month. One is the self - defense class scheduled for Saturday,
36 March 20th. The second event they are sponsoring this month is
37 the `Women of Vision Wall' and they would be inducting four
38 women. She then introduced Ms. de Paredes who presented the
39 inductees, as a tribute to the women of South Miami who have had
40 an impact on the City, and at this presentation they are as
41 follows:
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43 Clara McRae Brooks
44 Jean H. Willis
45 Ruth Klipp Palmer
46 Sherrie Avery
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Mayor Russell thanked the Commission for Women members
for
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their fine work. The deadline each year to apply for
this
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nomination is January 19th
items:
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2) Presentation by the Police Department for
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Eric Pulido as `Officer of the Month' for February
2004
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Ms. Davis said that
the report being submitted to the
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Assistant Police Chief Mike Mills presented the `Officer
of
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the Month' award to Motorcycle Patrol Officer Eric Pulido,
who
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has been a member of the South Miami Police Department for
six
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and a half years.
hour." She said that there is not
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enough staff to do more than
what is being done. She then pointed
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At approximately 7:23 p.m. the presentations concluded
and
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Mayor Russell adjourned until 7:30 p.m. to start the regular
to the traffic unit. Ms. Davis said
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meeting.
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Transportation Plan.
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18 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
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2. City Manager's Report
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Report on the following
items:
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a) Traffic enforcement
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Ms. Davis said that
the report being submitted to the
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Commission is pursuant to a
request by Vice Mayor Palmer at the
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last meeting. She said that
as the report points out, the
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majority of traffic enforcement
is assigned during the peak
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morning and afternoon "rush
hour." She said that there is not
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enough staff to do more than
what is being done. She then pointed
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out to the statistics for
the month of January for the two
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motorcycle officers assigned
to the traffic unit. Ms. Davis said
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that she is going to recommend that we look at traffic control
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measures through the People's
Transportation Plan.
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b) SW 64' St & 59' Pi
(Letter requested)
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Ms. Davis explained
that Commissioner Wiscombe had
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originally identified a
dangerous situation concerning
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pedestrians crossing SW 64th
Street and SW 59th Place. Ms. Davis
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said that she had written a
stronger letter this time explaining
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the traffic situation to Mr.
Hassan, Chief, Traffic Engineer with
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the Miami -Dade County Public
Works Department.
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c) City -wide parks assessment
Ms. Davis explained that a parks assessment analyses was
conducted at the request of Mayor Russell. Subsequently, a
detailed report was submitted to the Commissioners for their
review, identifying the proposed improvements, funding amount and
source, and priority for each individual park.
d) Marshall Williamson Park bleachers
Also at the request of Commissioner Wiscombe, Ms. Davis
explained that together with Doug Baker, she inspected the
bleachers at Marshal Williamson Park on separate occasions. It
has been determined that the seat boards on the bleachers need to
be replaced and she asked Mr. Baker to complete the replacement
by the end of this week. In addition, Ms. Davis has asked Mr.
Baker to inspect the bleachers during routine inspections of the
playgrounds.
e) Police take -home vehicles
Ms. Davis explained that during the City's financial crisis
of last.year, the Budget and Finance Committee, appointed by the
Commission, recommended removal of the Police Take Home Vehicle
Program. She was directed then to provide options for the
Program. An Overview & Options of the Program was presented to
the Commission on PowerPoint by Assistant Chief Mills.
Eliminating the Take Home Car Program would save $58,760 the
first year and $41,760 every year thereafter but, would cause
approximately $90,000 of unproductive officers' time annually.
So, the net negative effect of eliminating the take home car
program would be $31,240 for the first year and $41,240 annually
thereafter. In addition, losing half hour of productive time per
day is approximately 60 of the officer's work day, therefore a 60
reduction in productivity including revenue from citations would
likely result, Assistant Chief Mills concluded.
Commissioner Wiscombe said that the former Commission had
told the City Manager to find a way to follow the Budget
Committee's request and to make recommendations as to whether we
should or should not keep the cars. He also said that this is
one of the occasions where he would have liked to have an outside
study done. Also, he said he would have liked to have the City
Manager explaining the report to them instead of the Police
Department. Commissioner Wiscombe reiterated that the Budget and
Finance Committee made a recommendation to eliminate these cars
and the prior Commission was very clear that we should. He said
that in his opinion we cannot afford to keep on doing this.
Commissioner Wiscombe said that this is just a financial issue
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1 and that he does not mean to demoralize or to take away any pride
2 from any police officers.
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4 Vice Mayor Palmer asked the City Manager whether we are in a
5 position to pay for these take -home cars, and she responded that
6 it is in our budget.
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8 Ms. Davis then referred to Commissioner Wiscombe's comments
9 and said that she would go back and research the previous minutes
10 since what she recalls is that she was directed to perform a
11 study on a phase out program, but that she does not believe that
12 she was directed to eliminate the cars.
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14 Ms. Davis said that if and when taxes are increased in the
15 future, it will not be because of the take -home car program.
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17 Commissioner Sherar said that even though in the past he has
18 been in favor of eliminating the take -home car program, he has
19 somewhat changed his mind since he has met with the Chief and the
20 Assistant Chief who brought up some interesting points. to make
21 him think. He then asked whether there is a log kept on the
22 maintenance and mileage of the cars. He also asked whether they
23 have had any off duty accidents and the Chief said there has been
24 one that he can recall. Assistant Chief Mills also explained that
25 there are forty -one cars going home and that the undercover cars
26 are never taken home.
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28 Vice Mayor Palmer asked as to what is the condition of the
29 pool cars versus the take -home cars. Chief Martinez said that the
30 condition of the pool car is a lot less desirable. She also asked
31 as to how their lifetime compare. Assistant Chief Mills responded
32 that it is expected that a take -home car would last two years
33 longer than a pool car.
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35 Commissioner Wiscombe asked as to what was the process to
36 log in and out at the gas pump before the new system was
37 implemented. Assistant Chief Mills said that there was no log and
38 that the officers would record the number of gallons on their
39 daily activity log. Commissioner Wiscombe pointed out that
40 whenever something like this comes before them to take a
41 decision, they should get the figures beforehand so that they can
42 make the right decision. He then said that the other concern that
43 he has is that gas is going up, but Assistant Chief said that
44 they always get a discount, and at the present when the price is
45 approximately $1.73 at the pumps, they are paying $1.40, and it
46 is based on that discounted figure on which they based the
47 report.
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49 Commissioner Birts- Cooper asked and expressed concern with
50 regard to the cars that are going outside the County. Assistant
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1 Chief Mills explained that their policy establishes that those
2 cars are to be used to and from home only. She then asked
3 whether we could recruit officers from own County, whereas right
4 now we have five police officers who reside in Broward County.
5 Ms. Davis said that at the present time it is very difficult to
6 find qualified people. Commissioner Birts- Cooper said that it is
7 important to take into consideration that by eliminating the take
8 home cars program, as the report shows, there will be a reduction
9 in the response time and that will affect the community;
10 therefore she said she needs more time to think about this.
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12 Mayor Russell asked for a copy of the PowerPoint
13 presentation with the figures for each Commissioner so that they
14 could study the report further.
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16 At the conclusion of the Police Take -Home Vehicles
17 presentation, Ms. Davis requested that item #21 be tabled. Item
18 #21 was tabled then by unanimous acclamation.
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20 f) Multipurpose Center Financing Report
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22 Also at the request of the Commission, Ms. Davis provided
23 the Commissioners with a breakdown of all construction costs and
24 the sources of funding for the Multipurpose Center. the report
25 also includes a breakdown of staffing personnel with wage
26 information relevant to the Multipurpose Center.
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28 g) Recreation Ad Hoc Committee
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30 This committee has been created as a result of the
31 discussion concerning several issues relating to the Parks and
32 Recreation Department, such as: 1) After School Programming; 2)
33 Recreation Fees; 3) Community Input; and 4) Naming the Community
34 Center. A complete report addressing these issues was submitted
35 to the Commission for their information.
36
37 The committee met on March 8th for the first time and it has
38 been decided that each meeting of the Ad Hoc Committee would be
39 devoted to a single issue. On its first meeting the Committee
40 focused on the After School Program.
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42 There being no further discussion or comments, the City
43 Manager's Report concluded.
44
45 Mayor Russell asked the audience to keep the remarks
46 strictly pertaining to the actual business of the City and that
47 if anyone has a business to discuss to please take it outside.
48 Further, she said that personal attacks will not be tolerated.
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3. City Attorney's Report
Mr. Gallop said that he had no report since there is no new
litigation against the City.
There being no further discussion or comments, the City
Attorney's Report concluded.
PUBLIC REMARKS
(5- minute limit)
Mr. David Tucker, Sr. urged everyone, in a poetic fashion as
usual, to be civilized and courteous to one another because all
need help from our neighbors.
Mr. Walter Harris, president of the SMHOA, said that the
Association has been criticized and accused of many things, most
recently as racist. He said that the City would be a much less
pleasant place if it weren't for the SMHOA, which have fought
against overdevelopment, against wasteful spending, have fought
for safer streets and neighborhoods and for a better quality of
life of individual residents. He said that they are fewer in
number and larger in commitment, but they definitely need more
people. He then acknowledged Mr. Adrian Ellis for coming to his
first meeting as president of the SMHOA. He said that he wanted
to publicly acknowledge Mr. Ellis for apologizing to him and to
his wife. He said that they shook hands and turned a new leaf.
Mr. Adrian Ellis referred to the field lights of Murray Park
which have not been reconnected. He also referred to a problem
with narcotics in his neighborhood and outside St. John's A.M.E.
Church. He then spoke in favor to the re- appointment of Mr. Kelly
to the CPA Board.
Mr. Mark Richman addressed the Commission urging them to
make a decision with regard to the parking garage. He said that
there is a need for a parking garage in South Miami. He said that
when he bought this piece of property he had a vision that it had
to be developed. He said that there is not enough parking in the
City. He said that the 73rd Street garage will be friendly, safe
and a place to park. He said he envisions two outdoor patio
restaurants which will be upscale and boutiques which will be
open until 9:00 p.m. He said that we have everything in South
Miami but a parking garage. It will be a metered garage, easy to
get in and out. There will be lots of lights and open space, with
closed circuit TV's to ensure protection and security, and the
City of South Miami will patrol the garage. He said that this
delay is costing the City a minimum of $12,000 a month. He urged
the Commission to make a decision as quickly as possible.
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1 Mr. Dick Ward said that the Budget and Finance Committee
2 last year was very concerned with the parking garage loan. He
3 said that there have been two administrations and two different
4 Commissions which have ignored this problem in two budget years.
5 He said that there is not a word in the budget book about this
6 loan. He said that if Mr. Richman decides to file a lawsuit the
7 City could lose approximately six to eight million dollars. He
8 said that by the end of this year's budget the City will have a
9 $900,000 deficit if this issue is not resolved. He strongly urged
10 the Commission to address this loan issue as soon as possible.
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12 Mr. Levy Kelly said that he is happy to be serving in the
13 Recreation Ad Hoc Committee to resolve several issues relating to
14 the Multipurpose Center program and said that the Committee has
15 been able to resolve most of those issues in the last two
16 meetings. He then urged the community to embrace together and
17 move forward and added that he will continue to serve this
18 community regardless of his reappointment to the CRA Board.
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20 Mr. Mateo de Acosta said he lives in the Lee Park
21 Condominium and is also a volunteer at the Multipurpose Center.
22 He then referred to Domino's Pizza and how they apply `redlining'
23 to their delivery area. He said that they would not deliver to
24 his address after 6:00 p.m. He asked for the support of the
25 Commission when he sends a letter to Domino's asking them to
26 review his area again. Mr. Gallop then recommended that Mr. de
27 Acosta sends a copy of his letter of concern to the Department of
28 Justice Civil Rights Division since they are involved in
29 approving the Domino's policy.
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31 Commissioner Sherar questioned as to whether businesses such
32 as Domino's would need to have an occupational license with the
33 City. Ms. Davis said that she believes that the Code does not
34 apply to businesses which are housed outside the City and Mayor
35 Russell directed Ms. Davis to look into this issue.
36
37 Ms. Gina Cal, owner of `Simply Fine,' and a tenant in Mr.
38 Richman's building, said that one of the reasons that she chose
39 South Miami to open her business is because of the City's old
40 town atmosphere. She said that people do not like to park in big
41 garages, instead, they prefer to walk with the children as they
42 pass by the little stores. She then urged the Commission to make
43 a decision about the parking garage since she needs to know where
44 she stands as far as her business is concerned.
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46 Rev. Gregory Gay, Pastor of St. John, said that in his four
47 months in the City he has observed the same things here as the
48 ones he observed in .Plant City where he came from. Be said that
49 the Commission has the power to change the atmosphere and
50 attitude of the City. He said that he is willing to work with
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1 the City in finding funds for the Multipurpose Center.
2 Furthermore, he said he is willing to donate $500 a year for the
3 upkeep of that building as well as for a pool. About the pool he
4 said that it does not need to be open all year round but just for
5 the summer months.
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7 Ms. Beth Schwartz referred to items 12 and 13 on the Agenda
8 relating to legal fees for foreclosures and said that she would
9 like to know the addresses of those properties. Ms. Davis said
10 that those properties are within the CRA area and that she will
11 be providing her with the addresses. With regard to the parking
12 garage she said that the past Commission had enough input from
13 the residents, they did vote on it and that they have not ignored
14 the issue. She said that development is good but by doing it
15 responsibly, and does not think that the City needs a parking
16 garage even though she agrees that South Miami has a parking
17 problem and that we have resources that are not being used. She
18 then referred to the letter with a list of questions which Ms.
19 Newman, together with Commissioner Sherar, had presented to the
20 City Attorney and has not been answered. Then, on the police
21 take -home cars she said that she does not understand why the
22 officers need fifteen minutes in the morning and again in the
23 afternoon to get things in and out of their cars. She said that
24 she is not in favor of take -home cars for other employees or for
25 the Commission but that she is in favor of the program for the
26 police officers.
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28 Ms. Valerie Newman said that even though she was a member of
29 the Budget and Finance Committee, she was not present when the
30 Committee voted against the program since that was not her
31 recommendation. She said that she did hours of research into this
32 matter, has studies which were conducted in seven different
33 municipalities and that the figures presented to the Commission
34 tonight are accurate numbers.
35
36 Ms. Sharon McCain referred to the garbage cans saying that
37 she had learned that the actual cost of the cans is $37.50 and
38 the balance of $12.50 is the cost of labor to assemble them,
39 while the residents are being charged $50 for those cans. She
40 then spoke against the police take -home cars. She then said that
41 she finds unproductive to have three police officers seating in
42 the Chambers watching the meeting. She then referred to the City
43 Attorney's legal fees on the Agenda for over $25,609. She said
44 that our budget has not been balanced, and that if we do not
45 settle this parking garage issue we will end up with increased
46 taxes in October. She then spoke against item 21 relating to the
47 purchasing of a garbage truck but was informed that the item has
48 been tabled. She then referred to the City Clerk position with
49 questions concerning the process and the salary.
50
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1 Mr. Rodney Williams spoke in reference to the appointments
2 to the boards saying that he does not find the process very
3 democratic. Mayor Russell explained that the Commission is
4 notified of the Mayor's intent of appointments seven days ahead
5 of the meeting, at which time they have the opportunity to
6 discuss them.
7
8 Mr. Cal Rosenbaum said to concur with those who spoke in
9 favor of coming together as a community. He then said that he
10 will donate a matching $500 for the Multipurpose Center. With
11 regard to the take -home cars he said that the program is
12 necessary. He then urged the Commission to settle both the
13 parking garage issue and his own lawsuit. He also commended UM
14 President Donna Shalala for donating $100,000 worth of equipment
15 to the Multipurpose Center with no strings attached, and also for
16 donating some university trainers to teach our children to
17 properly use the equipment.
18
19 Ms. Yvonne Beckman she said that she has applied several
20 times to join a board and has never been selected. She then
21 referred to the possible tax increase in October saying that she
22 is still waiting for the promised rollback millage to 6.3. She
23 then said to concur with Ms. McCain about the take -home cars
24 report which she found with lack of data. She also spoke against
25 the alarm fee and the garbage cans. She then suggested looking
26 into the Miami -Dade rent -a -car program which Palmetto Bay is
27 using.
28
29 Ms. Cathy McCann said that the report on the take -home cars
30 done by the Budget and Finance Committee has much more
31 information which was not included in the report shown here
32 tonight. She then referred to item #20 on the Agenda relating to
33 garbage cans. She said that even though the new system may save
34 money to the City two or three years down the line, it is not
35 fair to charge the residents for starting a new system. In
36 addition, she said that the cans belong to the City, not to the
37 residents. She then urged the Commission to pass item #20 on the
38 Agenda.
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40 Mr. Terry Huggins spoke in favor of Mr. Kelly saying that
41 his influence in the community could be very beneficial to the
42 CRA Board and that it would be a big waste not having him
43 reappointed to that Board.
44
45 Mr. Dan McCrea said that the take -home cars report was quite
46 a reasonable and thorough presentation of operational costs. With
47 regard to item #20 relating to the garbage cans, he said that it
48 is not right to take the money out of the already depleted
49 reserves to pay for the garbage cans.
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Mr. James Mack, Jr. said that he would like to see some new
businesses on his side of the City.
Ms. Mildred Mitchell said that she was pleased to see some
positive things tonight such as the words of the president of the
SMHOA, Mr. Harris, with regard to Mr. Ellis. She then referred to
the parking problem and how it impacts the area around the Larkin
Hospital and the doctors' offices in that area. She said that
the meters run out of money several times before you are even
able to see the doctor. She then urged the Commission to allow
for longer periods of time on the meters in the areas around
hospitals, doctors and the library.
Mr. Ernie Capers spoke regarding the police take -home cars
and provided some suggestions addressing the concerns expressed
tonight against the program. He then said that the City is going
to move on, but that the key is to move together. He said that
Mr. Kelly has a calling and that he has chosen to answer that
call to the great City of South Miami, adding that there is a
difference between a job and a calling, because a calling is
doing something that you love.
Mr. Carlos Cardelle spoke regarding the take -home cars. He
said that he has some neighbors who are police officers in other
municipalities and he has seen them using those vehicles for
personal use. He also said to be concerned about the decrease in
police patrolling in his neighborhood.
At the end of the Public Remarks section, Mayor Russell
addressed some of the concerns expressed tonight.
Regarding the lighting at Murray Park, the Mayor said that
it is CIP funded and it is on the top priority list on the
Citywide Parks Assessment report provided by the City Manager. On
the narcotics problem she said that instead of waiting to inform
the Commission, the right thing to do is to call the Police
Department right away. Regarding community policing, Mayor
Russell invited Ms. Davis to talk about this. Ms. Davis explained
that due to last year's budget crisis, a number of officers had
to be reduced, besides other twenty -two positions that were
reduced. The Mayor then explained that the community- oriented
policing was a grant funded program and the City was responsible
for nothing for the first year, twenty percent the second year,
and fifty percent the third year.
The Mayor, due to the ongoing litigation with Mr. Richman,
then invited Mr. Gallop to address Mr. Richman's concerns
regarding the parking garage. Mr. Gallop explained that the City
has been in negotiations with Mr. Richman shortly after the City
Commission decided on December 17, 2002 not to proceed in
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agreement with him. Since then the proposals have changed, Mr.
Gallop said. He said that just before the last election there was
a proposal on the table that we thought it had merit but just
after the election Mr. Richman changed the proposal. Since the
new proposal by Mr. Richman is less attractive to the City, we
are now exploring completely different options, and Mr. Gallop
said that it might take another forty -five to sixty days to
evaluate all the options. Mr. Gallop said that he will be
bringing a resolution at the next meeting to engage an eminent
domain attorney to help with the evaluation. Mayor Russell then
asked whether it would be safe for Mr. Richman's tenants to
purchase merchandise for the next 45 -60 days. Mr. Gallop said
that he believes that the tenants could probably be there for a
longer period than that. Even after the case is settled, or in
the event it goes into litigation, it will be months before there
will be an impact on the tenants.
Commissioner Sherar said that we need to do something before
sixty days since we are talking about throwing away another
$30,000. Commissioner Sherar then indicated that at least the
money should be placed in an interest bearing account, but Ms.
Davis explained that the City is looking into it because there
seams to be a provision in the Statutes precluding us from making
money on bond money. Regarding the twenty questions he and Ms.
Newman submitted to the City Attorney, he said that this can wait
until the case is resolved.
Mayor Russell then referred to the concerns expressed
regarding the appointments to the boards. She said that her
philosophy is based on including everyone. She also believes that
when someone serves on a board, that person generally stays
involved in City business. For that reason, she made very few
reappointments, only in those cases where there were no
volunteers for that board. She then explained case by case the
reasons for the few reappointments she had made at this time.
With respect to the concern repeated by several speakers
regarding the reappointment of Mr. Kelly, Mayor Russell read her
response to Mr. Kelly's email with regard to his reappointment.
Commissioner Wiscombe said to Mayor Russell that he normally
does not challenge her in public, but he urged her to look at
items 7 and 8 where she is making reappointments.
At approximately 10:30 p.m. Mayor Russell adjourned the
meeting for a 5- minute recess. The meeting reconvened at
approximately 10:40 p.m.
Ms. Davis addressed some of the comments that were made
during public remarks. She said that some of the speakers
indicated that she had said during public workshops that we would
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roll the millage back to 6.3 and that comment was never made, she
added. Also, she said she wished to address the garbage can issue
and the start up of the new system since some misinformation was
presented by a speaker. She said that all of the costs were
brought up in the open during the budget process. She said that
she had anticipated all of the costs and that they were presented
to the Commission. The savings is not $100,000 but $150,000
recurrent dollars per year constituting a savings of salaries and
benefits per year. She also said that the millage rate would
have gotten much higher than what they went up if we had not
changed to the new system. Also, she said that we anticipated
every single expense although some people do not remember. With
regard to the parking meters she explained that parking keys are
available for purchasing at the Finance Department and a $10 key
represents $20 worth of parking. Residents get double the amount
worth of parking.
Commissioner Birts- Cooper said that it would be a good idea
to offer a discount parking key for seniors. She then referred to
the CRA Board when it was created saying that a large number of
residents requested that the Board be extended from five to seven
members, and that those extra members reside in the CPA area. She
said to be very concerned with some of the names which are being
considered for appointment to the CRA Board. She said that we
need to be building bridges in the community, not politics.
Commissioner Sherar said that there is one person on the CRA
Board that is against it and that is him. He also said that
Commerce and Progress Lane are part of the CRA and that is never
mentioned. He said that the CRA needs to become economically
responsible and to represent the entire community. He then said
that we need to start looking at the budget process because he
plans to vote for a millage rollback. He also suggested
considering Yvonne for the Budget and Finance Committee. About
the Domino's issue he said that the solution is a boycott. About
the crater issue Ms. Davis said that it is operator error and
that the City is dealing with it. Commissioner Sherar then
referred to the $1,000 commitment he made to donate from his
campaign account towards the swimming pool lessons for the
children, saying that nobody is doing anything about it.
Vice Mayor Palmer spoke
She commended Mr. Kelly for
However, she said that she
whether he will or will no
continue to work for the CRA
is the type of person that he
about the CPA Board appointments.
his dedication to the community.
is confident that regardless of
t be reappointed, Mr. Kelly will
and for the community because that
is.
Moved by Mayor Russell, seconded by Commissioner Sherar, the
motion to extend the meeting until midnight passed by a 5 -0 vote.
REGULAR CITY COMMISSION 12
MINUTES - March 16, 2004
it
2 Commissioner Wiscombe: Yea
3 Commissioner Sherar: Yea
4 Vice Mayor Palmer: Yea
5 Commissioner Birts- Cooper: Yea
6 Mayor Russell: Yea
7
8
9 At this point Commissioner Wiscombe requested to pull items
10 3, 5 and 17 from the Consent Agenda (now items 22, 23 and 24 on
11 the Minutes).
12
13 CONSENT
14
15
Resolution No. 37 -04- 11816
16
3.
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
17
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
18
COMMITTEES; RE- APPOINTING DR. MACARENA CARRETERO
AND
19
MONIQUE DE PAREDES, AND APPOINTING ALICIA BRAVO
TO
20
SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM
21
ENDING MARCH 15, 2006; AND PROVIDING AN EFFECTIVE DATE.
22
3/5
23
(Mayor Russell)
24
25
Resolution No. 38 -04 -11817
26
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
27
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
28
COMMITTEES; RE- APPOINTING LEE PERRY, AND APPOINTING
29
REVEREND GREGORY GAY AND ROY PEARSON TO SERVE ON
THE
30
COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD FOR A
TWO
31
YEAR TERM ENDING MARCH 15, 2006; AND PROVIDING
AN
32
EFFECTIVE DATE.
3/5
33
(Mayor Russell)
34
35
Resolution No. 39 -04 -11818
36
5.
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
37
AND COMMITTEES; RE- APPOINTING JOYCE M. PRICE AND PINKY
38
SANDS, AND APPOINTING ANITA J. JENKINS AND FRANCISCO
39
PARDO TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A
40
TWO YEAR TERM ENDING MARCH 15, 2006; AND PROVIDING
AN
41
EFFECTIVE DATE.
3/5
42
(Mayor Russell)
43
44
Resolution No. 40 -04 -11819
45
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
46
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
47
COMMITTEES; RE- APPOINTING LUIGI VITALINI TO SERVE
ON
REGULAR CITY COMMISSION 13
MINUTES - March 16, 2004
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THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD FOR A
TWO YEAR TERM ENDING MARCH 15, 2006; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 41 -04 -11820
7. A RESOLUTION OF THE MAYOR AND CITY COMMISS
OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
RE- APPOINTING GARY ILLAS TO SERVE ON THE
UNTIL THE END OF HIS TERM ON NOVEMBER
PROVIDING AN EFFECTIVE DATE.
(Mayor Russell)
ION OF THE CITY
AND COMMITTEES;
PLANNING BOARD
21, 2004; AND
3/5
Resolution No. 42 -04 -11821
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING DOUG BAKER, AND APPOINTING
CHARLES SPEAKMAN, MARK RADOSEVICH AND SUZANNE GILMORE
TO SERVE ON THE PENSION BOARD FOR A TWO YEAR TERM
ENDING MARCH 15, 2006; AND PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Russell)
Resolution No. 43 -04 -11822
9. 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 $6,502.34;
CHARGING $6,502.34 TO ACCOUNT NO. 1500 -514 -3440, OTHER
CONTRACTUAL SERVICES - CONSULTING LABOR; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Attorney)
Resolution No. 44 -04 -11823
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $14,857.87; CHARGING
$687.00 TO ACCOUNT NO. 1500 -514 -3435, REAL
PROPERTY /FORECLOSURE; CHARGING $9,164.97 TO ACCOUNT NO.
1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING
$3,246.92 TO ACCOUNT NO. 1500 - 514 -3452, CODE
ENFORCEMENT; AND CHARGING $1,758.98, TO ACCOUNT NO.
608- 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
REGULAR CITY COMMISSION
MINUTES - March 16, 2004
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Resolution No. 45 -04 -11824
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $5,870.65; CHARGING
$752.50 TO ACCOUNT NO. 1500- 514 -3435, REAL
PROPERTY /FORECLOSURE; CHARGING $4,706.15 TO ACCOUNT NO.
1500-514-3410, LEGAL SERVICES, NON - RETAINER; CHARGING
$210.00 TO ACCOUNT NO. 1500 - 514 - 3452, CODE ENFORCEMENT;
AND CHARGING $202.00, TO ACCOUNT NO. 608 - 1910 - 521 -3100,
PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Attorney)
Resolution No. 46 -04 -11825
12. 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 $4,881.60;
CHARGING $4,881.60 TO ACCOUNT NO. 1500- 514 -3440, OTHER
CONTRACTUAL SERVICES - CONSULTING LABOR; PROVIDING AN
EFFECTIVE DATE. 3/5
(City Attorney)
Resolution No. 47 -04 -11826
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CANAL SURVEYING AGREEMENT WITH THE
SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT
COUNCIL, INC. FOR THE BROAD CANAL SURVEY IN THE .AMOUNT
OF $17,284.00 TO BE CHARGED TO FLORIDA EMERGENCY
MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND
RELIEF FUNDING, ACCOUNT NUMBERS 110- 0000 - 132 -2071 AND
110 - 0000 -132 -2072; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 48 -04 -11827
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO DISBURSE $20,922.50 TO T J PAVEMENT
FOR EMERGENCY TREE REMOVAL & SIDEWALK REPAIR, TO BE
CHARGED TO PUBLIC WORKS DEPARTMENT STREET MAINTENANCE &
LOCAL OPTION GAS TAX ACCOUNT NUMBERS 01- 1730 - 541 -4640 &
112 -1730- 541 -4640; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION
MINUTES - March 16, 2004
15
1 Moved by Commissioner Wiscombe, seconded by Vice Mayor
2 Palmer, the motion to approve the Consent Agenda passed by a 5 -0
3 vote.
4
5 Commissioner Wiscombe: Yea
6 Commissioner Sherar: Yea
7 Vice Mayor Palmer: Yea
8 Commissioner Birts- Cooper: Yea
9 Mayor Russell: Yea
10
11 At this point Commissioner Sherar referred to item 16 on the
12 Agenda, relating to a request for an emergency tree removal and
13 sidewalk repair at a couple of locations, asking the City Manager
14 as to why those trees were planted in violation of ADA. Mr.
15 Balogun said that the County planted the trees after Hurricane
16 Andrew in 1992 but that nevertheless the sidewalks were in need
17 of repair.
18
19
20
21 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
22 (None)
23
24 RESOLUTION (S) /PUBLIC HEARING (S)
25 (None)
26
27 RESOLUTION (S)
28
29 Resolution No. 49 -04 -11828
30 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
31 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY CLERK;
32 APPOINTING MARIA M. MENENDEZ; PROVIDING AN EFFECTIVE
33 DATE. (Deferred from 312104) 3/5
34 (Mayor Russell)
35
36 Moved by Mayor Russell, seconded by Commissioner Sherar to
37 approve this item.
38
39 Mayor Russell said that she hoped that by this time all of
40 the Commissioners have had the time to review all of the
41 applications for the position and realize that Maria is the most
42 qualified candidate, and to help put some finality in the office,
43 she said she would welcome her as the permanent City Clerk, as
44 she continues to fulfill the education requirements, just as the
45 previous City Clerk who completed the requirements while on the
46 job.
47
REGULAR CITY COMMISSION 16
MINUTES - March 16, 2004
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Commissioner Wiscombe said that the prior City Clerk did
have her certification when she came on board and she went
through the different steps to go further. He then referred to
her salary and Mayor Russell said that she would like to keep the
salary as it is until we have the mid year budget adjustment.
Commissioner Wiscombe asked what is the present salary, for the
records ($45,000), and said that he would like to review the
salary and then we will have whatever increment is going to be
put in place at the time of the budget.
There being no further comments or discussion, the motion to
approve this item passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 50 -04 -11829
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING COLIN,
BAEZINGER AND ASSOCIATES TO PERFORM A COMPARABLE SALARY
SURVEY FOR AN AMOUNT NOT TO EXCEED $8500; PROVIDING FOR
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Sherar to
approve this item.
Ms. Davis explained that back during budget preparation the
prior Commission requested to have a comparative salary survey
done by an outside firm. Proposals were acquired from various
firms and Colin Baezinger & Associates presented the lowest
quote. Commissioner Sherar asked whether this study will include
the Police Department and Ms. Davis answered that it will include
all classifications in the pay plan. He also asked as to whether
the police take -home cars would be considered in the study. A
representative with the firm explained that the take -home cars
were not part of the quote but that he would not mind including
them in the survey since they seem to be big a factor in the
study.
There being no further comments or discussion, the motion
to approve this item passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
REGULAR CITY COMMISSION 17
MINUTES - March 16, 2004
1 Vice Mayor Palmer: Yea
2 Commissioner Birts- Cooper: Yea
3 Mayor Russell: Yea
4
5
6
7 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING PAYMENT FOR
9 THE RESIDENTS' NEW GARBAGE RECEPTACLES FROM THE CITY'S
10 CASH RESERVE ACCOUNT; PROVIDING FOR EFFECTIVE DATE. 4/5
11 (Vice Mayor Palmer)
12
13 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
14 approve this item.
15
16 Vice Mayor Palmer said that she decided to propose this
17 resolution due to the many petitions by mail and email she
18 received against the $50 garbage can fee. This resolution would
19 direct the City Manager to withdraw $116,048 from the City's
20 General Fund Cash Reserve Account to pay for the residents'
21 garbage receptacles, leaving a balance of $558,695 in that
22 account.
23
24 Commissioner Sherar said that once we adopt the budget we
25 need to keep it as it was adopted.
26
27 Ms. Davis then referred to Resolution No. 145 -01- 11293,
28 `Whereas the Contingency Reserve Fund was created with a balance
29 of $1 million to be maintained at all times and adopted a policy
30 that would restrict the use of this fund to catastrophes and
31 other unscheduled emergencies.' And, Whereas the Mayor and City
32 Commission desire to change the policy to provide for a
33 Contingency Reserves Fund balance of no less than 100 of the
34 Budget. And, `This resolution shall take effect with the FY
35 2202/2003 Budget.'
36
37 Commissioner Sherar said that he would have not voted for a
38 fee like this because in his opinion this is something that
39 should be included in the general millage because it is the
40 City's property.
41
42 Ms. Davis addressed the Commission with several comments
43 about the budget process:
44
45 Ms. Davis: I do not believe it is prudent to budget in the
46 millage rate a one -time fee, and we actually discussed that at
47 the budget session. Why raise the millage to cover an expense
48 that you are only going to have for one year and tax everyone
49 when only certain people are going to benefit from that tax.
REGULAR CITY COMMISSION 18
MINUTES - March 16, 2004
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Secondly, it has been in all of our literature, that it is not
the City's property; it is the resident's property.
Commissioner Sherar pointed out that the cars say `property
of City of South Miami' and Ms. Davis said that what the cans
have is the City's logo on them. Commissioner Wiscombe said that
when the owners move the can stays with the property, therefore
is not the owner's property. Ms. Davis said that it stays with
the property; therefore it is not the City's property.
Ms. Davis then said at this point that she would like to go
back to the Reserve.
Ms. Davis: As your Manager, whether we have a resolution or
not, to be at the point that we are in our reserves it is very,
very dangerous to want to dip in any further. I would never
recommend tapping into reserves to pay for anything other than an
extreme emergency right now. And I need to be on the record with
this, and frankly I'd like you to put it there verbatim. I do not
recommend touching the reserves at the level that they are right
now. All we need is one emergency, one natural disaster, one now
terrorist issue and we are not going to have enough money to
function as a City. And I do not recommend allowing this reserve
to go down any further. The City had to dip into reserves to
make, frankly, I think it was payroll, to the end of the fiscal
year last year, or certain expenses having to do with that and
there were decisions that had to be made, and the Commission was
forced into it. But I certainly do not recommend, and I would
never recommend going below the level that we have. If there are
people that cannot afford the cans, and I'd like to go back and
reiterate that this is no surprise to anybody, as a matter of
fact, I passed out the literature that we sent out to everyone
when the allegations were made that nobody was told. We sent
packages to each Commissioner to show you that in fact we did
notified everyone, on a number of occasions that this was going
to happen. So, I don't understand people saying that they didn't
know or that they weren't told or that it was never brought up
during the budget process, because it was brought up during the
budget process, it's been on Channel 5 for the last five or six
months, we sent out mailings on three or four different occasions
so I can't buy that we never noticed anyone because we did.
Ms. Davis then indicated that for the people that cannot
afford to purchase the cans, we are prepared to deal on a case -
by -case basis with the individuals that cannot afford the cans.
It is very similar with what we do with the after - school program
and with the recreational program; we have criteria that we set
that if an individual or a property owner cannot afford the can
that we will make allowances. They have to come in and identify
what their needs are and of course we will need to see some
REGULAR CITY COMMISSION 19
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evidence of it but we are not just dismissing the fact that there
are people that actually just cannot afford it.
Commissioner Wiscombe then asked the City Manager which is
the actual cost of the receptacle, and she responded that she
thinks they are $37 and change. He then asked as to why we are
charging an assembly fee and delivery fee of $12.55 or whatever
it is, when those workers have already been placed into the
budget. Ms. Davis said that they have not been placed into the
budget since they are doing overtime. The Finance Director
reminded Ms. Davis that this charge is cheaper than what the
company would charge to assemble and deliver them. Also, this
covers the fees for WASA for the billing.
Commissioner Sherar then reiterated that in his opinion it
would have been more practical to include the fee in the millage.
And about the people who are against this fee, he said that they
all missed the opportunity to do something against it back in
September and October by getting 200 people to sign a petition,
and that the time and place to be talking about it was back then.
He then said that if there is any extra money floating around in
this year's budget at the end of the budget process, then we
should be giving it back to the people. However, he is against
taking it out of the reserve account at this point.
There being no further comments or discussion, the motion to
approve this item failed by a 2 -3 vote.
Commissioner Wiscombe: Nay
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Nay
There being no further comments or discussion, the motion to
approve this item failed by a 2 -3 vote.
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO FUND IN ADVANCE THE PURCHASE OF ONE
AUTOMATED SIDELOADING GARBAGE TRUCK TO BE PURCHASED
FROM GENERAL GMC TRUCK SALES AND SERVICES, INC., IN AN
AMOUNT OF $155,383 TO BE CHARGED TO 2004 -05 PUBLIC
WORKS DEPARTMENT LEASE PURCHASE - TRUCKS ACCOUNT NUMBER
001 - 1720 -534 -4455; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION
MINUTES - March 16, 2004
20
1 Moved by Mayor Russell, seconded by unanimous acclamation,
2 this item was tabled.
3
4 Resolution No. 51 -04 -11830
5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF
7 WEDNESDAY APRIL 14, 2004 STARTING AT 6:30 PM IN THE
8 SOUTH MIAMI CITY COMMISSION CHAMBERS FOR A CITY
9 COMMISSION WORKSHOP ON THE "SW 62' AVENUE CORRIDOR
10 CHARRETTE" REPORT; SAID WORKSHOP SHALL BE LIMITED TO
11 DISCUSSION BY COMMISSIONERS AND QUESTIONS DIRECTED TO
12 STAFF; PROVIDING FOR AN EFFECTIVE DATE. 3/5
13 (City Manager)
14
15 Moved by Mayor Russell, seconded by Commissioner Sherar to
16 approve this item.
17
18 After there was a consensus regarding the date and time for
19 this workshop, Mayor Russell requested that the resolution be
20 amended with an additional section, to allow for 30- minutes of
21 Commission discussion on the way these meetings are run.
22
23 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
24 the motion to approve this amendment passed by a 5 -0 vote.
25
26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Yea
28 Vice Mayor Palmer: Yea
29 Commissioner Birts - Cooper: Yea
30 Mayor Russell: Yea
31
32 There being no further comments or discussion, the motion
33 to approve this item as amended passed by a 5 -0 vote.
34
35 Commissioner Wiscombe: Yea
36 Commissioner Sherar: Yea
37 Vice Mayor Palmer: Yea
38 Commissioner Birts- Cooper: Yea
39 Mayor Russell: Yea
40
41 Resolution No. 52 -04 -11831
42 20. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
43 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
44 MANAGER TO TAKE THE NECESSARY STEPS TO FORM A NOT -FOR-
45 PROFIT MUNICIPAL CORPORATION FOR THE SOLICITATION OF
46 OTHERWISE UNAVAILABLE FUNDS FOR PUBLIC NEEDS AND
47 PROGRAMS; PROVIDING AN EFFECTIVE DATE. 3/5
48 (City Manager)
REGULAR CITY COMMISSION 2 1
MINUTES - March 16, 2004
I Moved by Mayor Russell, seconded by Commissioner Sherar to
2 approve this item.
3
4 Ms. Davis explained that there are dollars available that
5 only not - for - profit corporations can acquire. She then introduced
6 Charles Blazek, her assistant, who successfully formed a
7 corporation of this type in his former job with the city of
8 Hialeah Gardens. Mr. Blazek then gave a synopsis of this type of
9 corporation. He explained that there are sources of funding both,
10 public and private, available for social welfare projects and the
11 wide variety of public needs, including capital projects,
12 expansion of police services, youth and educational programs,.
13 senior services, and more, for which a city does not qualify.
14 The establishment of an IRS Code 501 c(3) qualifying entity,
15 which generally allows donations to be tax deductible, would
16 allow the City to pursue those other appropriate sources of
17 funding and to distribute the money to those programs it wishes
18 to support.
19
20 The type of foundation which is being proposed would be a
21 separate entity from the City. In addition, an advisory board and
22 an honorary board can be set up. Those two boards would be non-
23 voting entities, leaving the entire actual decision making to the
24 Board of Directors and to the personnel selected to run the day -
25 to -day operations of the foundation. He then mentioned as an
26 example, the offers for donation made tonight by Rev. Gay and by
27 Mr. Rosenbaum could be made to the foundation and therefore be
28 tax deductible. One of the primary funding tools utilized by a
29 foundation is the establishment of endowment funds to generate
30 permanent dedicated sources of revenue to support the well -
31 defined public benefits for which they are formed.
32
33 The cost of setting the foundation would be minimal, Mr.
34 Blazek indicated, and that he has the back up information so that
35 we would not have to `reinvent the wheel.'
36
37 Mayor Russell asked the Finance Director as to whether he
38 has any experience on this, and if it would require any special
39 expertise within his department. Mr. Oshikoya said that it will
40 take only to open an account just for the foundation and also to
41 keep a separate book. Also, if the operation is done in- house,
42 then the City would have to be reimbursed by the corporation for
43 any expenditure made on behalf of the corporation.
44
45 Mr. Gallop said that he has been the attorney for twenty -
46 seven years for a not - for - profit corporation which has a budget
47 about the size of South Miami, indicating that there is some cost
48 involved of which the Commission needs to be aware. He said that
49 there is time involved in obtaining the grants, to obtain the IRS
50 tax exemption, audits, etc. and there may be some administrative
REGULAR CITY COMMISSION 2 2
MINUTES - March 16, 2004
1 costs that may not be funded by grants. Mr. Gallop said that
2 whoever is running this will have to present a financial plan to
3 show how these costs will be funded.
4
5 There being no further comments or discussion, the motion to
6 approve this item passed by a 5 -0 vote.
7
8 Commissioner Wiscombe: Yea
9 Commissioner Sherar: Yea
10 Vice Mayor Palmer: Yea
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
14
15 Resolution No. 53 -04 -11832
16 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION
18 OF CERTAIN COMPUTER EQUIPMENT FOR THE MULTIPURPOSE
19 CENTER II, AUTHORIZING THE CITY MANAGER TO PURCHASE A
20 NEW SERVER FROM DELL CORP. IN THE AMOUNT OF $7,465.60
21 AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2020-
22 519 -6430 "OPERATING EQUIPMENT "; PROVIDING FOR EFFECTIVE
23 DATE. 3/5
24 (City Manager)
25
26 Moved by Mayor Russell, seconded by Vice Mayor Palmer and
27 Commissioner Sherar to approve this item.
28
29 Ms. Davis explained that she ordered this but that it is
30 beyond her purchasing authority. Given what the needs are at the
31 Multipurpose Center she went ahead and ordered this server,
32 therefore, this is a confirmation of a purchase. She said that
33 although she went through the process of obtaining quotes she did
34 not bring it to the Commission before ordering it and she
35 requested that this be on the record.
36
37 Mayor Russell asked whether this is a one time nonrecurring
38 expense, and Ms. Davis said yes.
39
40 Commissioner Wiscombe said that it is important to make sure
41 that the police have the adequate and proper fire walls and virus
42 control.
43
44 There being no further comments or discussion, the motion to
45 approve this item passed by a 5 -0 vote.
46
47 Commissioner Wiscombe: Yea
48 Commissioner Sherar: Yea
49 Vice Mayor Palmer: Yea
REGULAR CITY COMMISSION 2 3
MINUTES - March 16, 2004
1 Commissioner Birts- Cooper: Yea
2 Mayor Russell: Yea
3
4
5 Resolution No. 54 -04 -11833
6 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
8 COMMITTEES; APPOINTING SERGEANT JOHN BARZOLA, C-M
9 DIVISION GGHMANDER GREG L+ETTIMTTT AND SERGEANT LISA
10 MORTON TO SERVE ON THE BOARD OF TRUSTEES /POLICE
11 OFFICERS FOR A TWO YEAR TERM ENDING MARCH 15, 2006; AND
12 PROVIDING AN EFFECTIVE DATE. 3/5
13 (Mayor Russell)
14
15 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
16 approve this item.
17
18 Commissioner Wiscombe, who pulled this item from the Consent
19 Agenda, explained that the reason for pulling it is that he has a
20 problem with the nomination of CID Division Commander Greg
21 Feldman. He said that at the present this particular person is in
22 litigation with the City and there is discrepancy involving his
23 pension.
24
25 Commissioner Sherar concurred with Commissioner Wiscombe,
26 saying that he does not believe that we should be rewarding
27 people that are suing us. He said that when the lawsuit is over
28 he will reconsider his decision. As far as for the other
29 appointees he said he has full faith and confidence that they
30 will do what they are supposed to do.
31
32 Mayor Russell said that this appointment was made by her
33 with the blessing of both the City Manager and the Chief of
34 Police, and said that she selected them from different levels and
35 different areas in the department in the upper command staff to
36 try to get a well balanced Board of Trustees for police officers
37 and she also took into consideration Feldman's twenty -three years
38 with the department, as well as his police work in general.
39
40 Mayor Russell asked Chief Martinez to speak on this subject.
41 The Chief said that he does not have a problem with this
42 appointment and that he does not see how his sitting on the Board
43 relates to his lawsuit with the City.
44
45 Commissioner Wiscombe said that he does have a problem
46 because it does relate to that because of the demotion issue.
47
REGULAR CITY COMMISSION 2 4
MINUTES - March 16, 2004
1 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
2 the motion to amend the resolution to remove CID Division
3 Commander Greg Feldman from the resolution passed by a 4 -1 vote.
4
5
6 Commissioner Wiscombe: Yea
7 Commissioner Sherar: Yea
8 Vice Mayor Palmer: Yea
9 Commissioner Birts- Cooper: Yea
10 Mayor Russell: Nay
11
12
13 There being no further comments or discussion, the motion to
14 approve this item as amended passed by a 5 -0 vote.
15
16 Commissioner Wiscombe: Yea
17 Commissioner Sherar: Yea
18 Vice Mayor Palmer: Yea
19 Commissioner Birts- Cooper: Yea
20 Mayor Russell: Yea
21
22
23 Resolution No. 55 -04 -11834
24 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
26 COMMITTEES; APPOINTING NANCY COBB AND VIOLA BRYAN TO
27 SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR A
28 TWO YEAR TERM ENDING MARCH 15, 2006; AND PROVIDING AN
29 EFFECTIVE DATE. 3/5
30 (Mayor Russell)
31
32 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
33 approve this item.
34
35 Commissioner Wiscombe, who pulled this item, explained that
36 the reason for his action is that he has a problem with the
37 nomination of Nancy Cobb. He said that Ms. Cobb has not been
38 around very much, she has not attended any of the CRA meetings,
39 she has not been seating in the audience except for the last
40 couple of times we have had meetings, and she has not been
41 interactive with the community in trying to do things as much as
42 Mr. Kelly has. He said that the speakers tonight made it very
43 obvious that they wish Mr. Kelly to represent them. He said that
44 he really does not feel that she is the right person for the
45 vision that truly represents the community in the CRA.
46
47 Commissioner Birts- Cooper said to totally agree with
48 Commissioner Wiscombe on this issue.
49
REGULAR CITY COMMISSION 2 5
MINUTES - March 16, 2004
1 Vice Mayor Palmer said that she only knows Ms. Cobb from the
2 CAA and that she was a community minded person with that
3 organization.
4
5 Commissioner Wiscombe said that she has been involved with
6 the CAA, but that it his understanding that she certainly has not
7 been involved with the CRA nor has she promoted it within the
8 community. He added that she is not even in the audience tonight
9 when her nomination is being. discussed.
10
11 Commissioner Sherar said that he does not know Ms. Cobb, and
12 this is not to take anything away from Mr. Kelly, he was on the
13 Budget and Finance Committee with him and that they have talked
14 and agreed on some things and disagreed on others, but that he
15 concurs with the Mayor's position that spreading the board's
16 positions around is probably the best thing for the community.
17 And, whether Mr. Kelly is on the Board or not he will be here
18 saying things and will still have great influence on the board.
19
20 Mayor Russell said that she has known Nancy for a long time,
21 and that although it is true that she was a vocal opponent of the
22 CRA at one time, that she has changed her mind after recognizing
23 all that the CRA has accomplished, and that she would never
24 appoint someone that would cause trouble but that she would like
25 to appoint someone who wants the opportunity to serve.
26
27 Moved by Commissioner Wiscombe, seconded by Commissioner
28 Birts- Cooper, the motion to remove Nancy Cobb's name from the
29 resolution failed by a 2 -3 vote.
30
31 Commissioner Wiscombe: Yea
32 Commissioner Sherar: Nay
33 Vice Mayor Palmer: Nay
34 Commissioner Birts- Cooper: Yea
35 Mayor Russell: Nay
36
37 There being no further comments or discussion, the motion to
38 approve this item passed by a 3 -2 vote.
39
40 Commissioner Wiscombe: Nay
41 Commissioner Sherar: Yea
42 Vice Mayor Palmer: Yea
43 Commissioner Birts- Cooper: Nay
44 Mayor Russell: Yea
45
46 Moved by Commissioner Wiscombe, seconded by Commissioner
47 Sherar, the motion to extend the meeting until 12:10 p.m. passed
48 by unanimous acclamation.
49
REGULAR CITY COMMISSION 2 6
MINUTES - March 16, 2004
1
2 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
4 MANAGER TO ENTER INTO A 36 -MONTH LEASE AGREEMENT WITH
5 BARLOP BUSINESS SYSTEMS AND ITS LEASING COMPANY FLEET
6 CAPITAL LEASING, FOR A MULTIFUNCTIONAL COLOR COPIER,
7 PRINTER, SCANNER AND FAX MACHINE FOR THE MULTIPURPOSE
8 CENTER PHASE II IN AN AMOUNT OF $4,353.00 A YEAR FOR
9 THE NEXT THREE YEARS, INCLUDING A FULL SERVICE
10 MAINTENANCE AND TONER SUPPLY AGREEMENT FOR 5,000 BLACK
11 AND WHITE COPIES AND 1,000 COLOR COPIES A MONTH;
12 CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 -2020-
13 519.4710 TITLED "PHOTOCOPY MACHINE "; AND PROVIDING FOR
14 AN EFFECTIVE DATE. 3/5
15 (City Manager)
16
17 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
18 approve this item.
19
20 Commissioner Wiscombe, who pulled this item, said he has a
21 serious problem with this. He said that his school, with over 500
22 students, run basically 60,000 copies a week; therefore, 5,000
23 copies will not go very far and soon we will be incurring in
24 extra fees for toner and other related expenses. He then
25 suggested that a small copier such as the one that we have
26 outside the Clerk's office will be sufficient. He said that he
27 does not really think that there is a need for a color copier at
28 the after - school house. He also suggested that they can also use
29 an inkjet printer for far less money.
30
31 Ms. Vazquez explained that this particular copier also has
32 code restrictions for color copies as a way to control who would
33 be using it and how many copies are being made.
34
35 Mr. Ricke then said that this copier is not just for the
36 after - school house, but it will be also used for the recreation
37 program, as for flyers that we mail to businesses and schools
38 announcing programs and recruiting volunteers for tutoring.
39
40 Mayor Russell asked what would be the cost if all these
41 components (fax, printer, and scanner) were to be purchased
42 separately. Ms. Vazquez said that prices would vary, but it can
43 be estimated that the cost for a black /white HP printer could be
44 $2,600; $400 for a fax machine; and, for a scanner $300.
45
46 Ms. Vazquez indicated that this lease provides for toners
47 and maintenance. Mayor Russell said that she would like to have
48 more information about this request.
49
REGULAR CITY COMMISSION 27
MINUTES - March 16, 2004
1 Moved by Mayor Russell, seconded by Commissioner Sherar, the
2 motion to defer this item passed by a 5 -0 vote.
3
4 Commissioner Wiscombe: Yea
5 Commissioner Sherar: Yea
6 Vice Mayor Palmer: Yea
7 Commissioner Birts - Cooper: Yea
.8 Mayor Russell: Yea
9
10
11 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
12 (None)
13
14 COMMISSION REMARKS
15
16 It was very late and all the Commissioners wished everybody
17 a goodnight.
18
19 There being no further business to come before this Body,
20 the meeting adjourned at 12:15 P.M.
21 Approved
22 Attest
23
24
25 Maria M. Menendez Mary Scott Russell
26 City Clerk Mayor
REGULAR CITY COMMISSION 2 8
MINUTES - March 16, 2004