04-20-04 Item 1x=
1 City of South Miami
2 Regular City Commission Minutes
3 April 6, 2004
4
5 CALL TO ORDER:
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, April 6, 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.
15
16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Earl Gallop and City Clerk Maria M. Menendez.
18
19 B. Invocation:
20 Invocation was delivered by Mayor Russell, wishing everyone
21 a happy and healthy Passover.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentation(s) 7:00 p.m.
27 (None)
28
29
30 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
31
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1. a) Minutes of
March 2, 2004
34
35
Moved by Commissioner Wiscombe, seconded
by Commissioner
36
Sherar, the motion
to approve the minutes of March 2, 2004 passed
37
by a 5 -0 vote.
38
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Commissioner Wiscombe:
Yea
40
Commissioner Sherar:
Yea
41
Vice Mayor Palmer:
Yea
42
Commissioner Birts- Cooper:
Yea
43
Mayor Russell:
Yea
44
45
b) Minutes of
March 16, 2004
46
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Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the minutes of March 16, 2004
passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
2. City Manager's Report:
a) City Clerk Salary
Ms. Davis explained that this item
since Commissioner Wiscombe at the last
how the Clerk's salary was established.
the former Commission by resolution.
b) Miami -Dade Transit
was placed on the agenda
meeting inquired as to
It was established by
Ms. Davis said that the Miami -Dade Transit reported back to
the Police Chief about lighting under the Metrorail, from Red
Road to SW 80th Street, and it looks as a positive response from
Miami -Dade Transit.
There being no further comments or discussion, the City
Manager's Report concluded.
3. City Attorney's Report
Mr. Gallop said that all the items that he wished to report
were covered under the attorney- client session which they had a
little while ago concerning pending litigation.
There being no further comments or discussion, the City
Attorney's Report concluded.
PUBLIC REMARKS
(5- minute limit)
Mr. David Tucker, Sr. since he usually speaks about the
importance of being civilized and courteous to one another, he
said to be very pleased about the item on the agenda proclaiming
May as Civility Month.
Mr. Dick Ward commented that several years ago the place for
Public Remarks were at the end of the agenda and the public was
not happy with that. Then it was moved to the beginning of the
REGULAR CITY COMMISSION
MINUTES - April 6, 2004
KO
1 agenda and he doesn't think that the Commission is too happy with
2 that because it causes the meeting to end late. He then suggested
3 to have them somewhere in the middle. He then referred to the
4 parking garage saying that he hopes that the issue is resolved
5 soon since it is costing the City a lot of money. Mr. Ward then
6 said that in reviewing his notes from the Budget and Finance
7 Committee of last year, where he had raised the question as to
8 why the City Attorney's contractual services increased from
9 $10,000 last year to $130,000 for this year, he said to recall
10 that someone on the Commission this past year had said that the
11 increase was because they were anticipating about $100,000 for
12 the Booby Trap loses. Since the Bobby Trap situation has been
13 settled, he urged the Commission to take the $100,000 from Mr.
14 Gallop before he spends it.
15
16 Ms. Cathy McCann referred to certain items on the agenda
17 relating to expenditures saying that she thought that per
18 recommendations by the Budget and Finance Committee last year,
19 the Commission had given instructions that both the account
20 balance and the account number be included in the resolution.
21
22 Mr. Tom Rothman, said to be homeless, and went on to read
23 about the freedom and liberty Americans enjoy today as the result
24 of the sacrifice from past and present veterans. He then urged
25 the Commission to look into, what he claims to be, illegal
26 surveillance of his person within. the City limits of South Miami.
27 He then requested that the City Commission determines whether
28 employees of the City of 'South Miami are involved in the
29 surveillance, or property, or material of the City is being used
30 in such surveillance; and, whether employees or the police of the
31 City giving logistical support of any kind to those involved in
32 the surveillance.
33
34 Mayor Russell asked the City Manager to follow up on Mr.
35 Rothman's request and to inform the Commission about the
36 surveillance to which he is referring.
37
38 Ms. Sharon McCain spoke in relation to item 6 on the agenda
39 and commended Mayor Russell for appointing David Silver to the
40 Parking Committee. With regard to item 9 relating to include the
41 billing of garage container fees in the storm water billing, she
42 said that this should had taken place prior to April 5th. She
43 also asked as to how the people who have well water are being
44 billed. She then referred to the item relating to the
45 installation of the new guardrail along the Manor Lane canal and
46 said that she wonders as to whether the City has looked into
47 recovering the money from the insurance company of the driver who
48 hit the guardrail. She said that it is her understanding that
49 there_ is a police report about this incident. Ms. McCain then
50 referred to the Community Newspaper recent article regarding the
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Farmer's Market. She said that she is requesting a full
investigation on the accusations implied in that article,
requesting that one of the Commissioners either sponsor a
resolution or direct the City Manager to investigate why this
money has been held, and if it is not investigated, she said she
would have to go to the District Attorney.
Ms. Yvonne Beckman commended the new garbage pick -up system
saying that it is wonderful and that it only took five minutes to
do the whole block. She then referred to the parking garage
saying that during her recent visit to Atlanta she noticed that
all the parking facilities are built on the edges and not at the
center of town. She also said that the citizens of South Miami
did not vote for a parking garage.
After there were no more speakers, the Public Remarks
section was closed.
At this point Mayor Russell pulled item 6, and Commissioner
Sherar pulled items 8, 10 and 11 from the Consent Agenda (now
items 11, 12, 13 and 14 respectively, on the Minutes).
CONSENT
Resolution No. 56 -04 -11835
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING SARAH N. ARTECONA TO SERVE ON
THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING
APRIL 5, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 57 -04 -11836
S. A RESOLUTION OF THE MAYOR ANE
CITY OF SOUTH MIAMI, FLORIDA,
COMMITTEES; APPOINTING OXALYS
JUNIOR COMMISSION FOR WOMEN
ENDING APRIL. 5, 2006; AND
DATE.
CITY COMMISSION OF THE
RELATING TO BOARDS AND
VARONA TO SERVE ON THE
FOR A TWO YEAR TERM
PROVIDING AN EFFECTIVE
3/5
(Mayor Russell)
Resolution No. 58 -04 -11837
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, DECLARING SUPPORT FOR
THE CITY, COUNTY AND LOCAL GOVERNMENT LAW SECTION OF
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1 THE FLORIDA BAR IN PROCLAIMING MAY AS CIVILITY MONTH;
2 PROVIDING AN EFFECTIVE DATE. 3/5
3
4 (Mayor Russell)
5
6 Resolution No. 59 -04 -11838
7 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
9 MANAGER TO NEGOTIATE THE COST OF SERVICE AND TO
10 EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR THE
11 BILLING OF STORM WATER CHARGES BETWEEN MIAMI -DADE
12 COUNTY AND CITY OF SOUTH MIAMI, TO INCLUDE THE
13 BILLING OF GARBAGE CONTAINER FEES; PROVIDING FOR AN
14 EFFECTIVE DATE. 3/5
15 (City Manager)
16 Moved by Mayor Russell, seconded by Vice Mayor Palmer and
17 Commissioner Wiscombe, the motion to approve the Consent Agenda
18 passed by a 5 -0 vote. Commissioner Wiscombe: Yea; Vice Mayor
19 Palmer: Yea; Commissioner Birts- Cooper: Yea; Commissioner Sherar:
20 Yea; Mayor Russell: Yea.
21
22 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
23
24 Ordinance No. 03 -04 -1810
25 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO
27 AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,
28 BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
29 SCHEDULE" IN ORDER TO ALLOW BUSINESS OR PROFESSIONAL
30 OFFICES AS A PERMITTED USE IN THE "GR" GENERAL RETAIL
31 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
32 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
33 DATE. 3/5
34 (City Manager)
35 Moved by Mayor Russell, seconded by Commissioner Sherar to
36 approve this item.
37
38 At this point, Mayor Russell proposed to defer this item in
39 lieu of the Passover Holiday. Commissioner Sherar said that
40 maybe the next time we should be more mindful with regard to this
41 type of situations, however, since the applicant is present, and
42 he was also present for the first reading of the ordinance, it
43 may be a good idea to still go ahead with the public hearing.
44 Mayor Russell agreed with the consensus of the Commission.
45
46 Planning Director Mr. O'Donniley explained that this is a
47 proposal to amend the permitted uses within the GR district
48 comprising 70 separate commercial properties. As a follow up to
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1 the last meeting request from the Commission, the Planning
2 Department conducted a research which reveals that a good portion
3 of the existing general retail district is currently not used to
4 its potential. In addition, Mr. O'Donniley explained that the GR
5 data collected also revealed a trend where the total of all
6 property taxes paid by all commercial properties has dropped over
7 the last four years, thereby increasing the burden of property
8 taxes on residences. Therefore, staff recommends that the request
9 to amend the LDC's Permitted Use Schedule be approved. He then
10 said that the Administration concurs with the Planning Board
11 suggestion of mandating retail as part of the ground floor of
12 office buildings in the GR zone.
13
14 Mayor Russell then opened the Public Hearing.
15
16 Ms. Yvonne Beckman said that she wished to reiterate that at
17 the Planning Board meeting, the person who brought forth the
18 first approval of this request was a friend of the applicant. She
19 said to believe that this issue requires a lot more study, and to
20 change a zoning use' so easily is not appropriate and is not
21 considering the residents of South Miami.
22
23 Ms. Sharon McCain said that she lives in the downtown area
24 and she cannot get out of her neighborhood due to traffic as it
25 is. She said that this change is only going to bring more
26 congestion to the area.
27
28 Ms. Cathy McCann said that the USl is a difficult road to
29 know what to allow there. She then said to object to have public
30 hearings on the night of a religious holiday, finding it
31 extremely inconsiderate. In reference to the subject matter, she
32 said that if businesses or professional offices along US1 in the
33 GR district, a general look at the whole City has to be
34 considered before allowing this change, otherwise we will end up
35 with no general retail and all offices. She said that medical and
36 dental offices bring a lot of difficulty to the City in terms of
37 traffic and parking. She then asked that if this change is
38 approved, at least to remove medical offices from this category,
39 and asked the Commission to consider postponing this hearing
40 until the next Commission meeting.
41
42 At this point Mayor Russell closed the public hearing.
43
44 Commissioner Sherar said that if the proposed change is
45 going to be approved, the requirements be taken out for the 50%
46 of ground floor being retail, saying that the market should
47 dictate that. He then asked as to how the City monitors the
48 parking in terms of the occupational licenses being issued, some
49 for offices and others for the retail businesses. Mr. O'Donniley
50 explained that we would be dealing with two types of structure.
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1 One would be a structure which might have been built prior to the
2 code and would be nonconforming, where we would be looking to be
3 sure that the same number of parking spaces is available before
4 we would sign off on it. On a new structure, staff conducts field
5 checks to make sure that parking is designed according to the
6 site plan, and they are calculated on the square footage
7 according to the floor plan.
8
9 Vice Mayor Palmer asked whether the decision to change the
10 zoning is based on the businesses in the area, asking whether
11 they are prosperous or declining. Mr. O'Donniley explained that
12 what really sets the market is the gap between the potential for
13 development and what actually exists. He said that by adding
14 another use to the zoning district, it would contribute to a
15 fuller utilization of the available development permission that
16 exists.
17
18 Commissioner Wiscombe said that in looking at the
19 surrounding retails, such as Pearls, they are struggling with
20 lack of parking as it is; therefore, he is concerned about any
21 increase that will impact and aggravate the parking situation
22 that we have right now. He mentioned the medical offices in
23 particular which require the most parking spaces. Mr. O'Donniley
24 explained that there is a requirement for more parking for
25 medical offices (one per 150 sq. ft.). Commissioner Wiscombe also
26 said'', that we need to consider how much parking we want to have
27 facing US1. Mr. O'Donniley said that certain conditions
28 addressing all of the concerns may be implemented at the
29 ordinance level.
30
31 Mayor Russell said that it is important to keep a retail
32 component and at least 50% is important, and referred to the
33 small existing businesses which are very important for South
34 Miami. She asked as to when we decide what the parking format is
35 going to be and when we will see the worst case scenario. Mr.
36 O'Donniley explained that the parking schedules are already in
37 the LDC and the parking standards that are already there will be
38 applied. Then the individual projects will be reviewed by the
39 ERPB?. Then Mayor Russell asked as to when does this Commission
40 decides what approach they want to take in the long term planning
41 for the visual appearance of US1. She asked as to when do the
42 Commission sits down to make that decision before they make a
43 blanket approval of a change in zoning which will cover a long
44 stretch on US1 and entrance to our City. Mr. O'Donniley said that
45 those concerns may be better to address them during the
46 Evaluation Appraisal Report (EAR). Mr. Gallop said that the EAR
47 may be a good time to address the LDC as well as these other
48 considerations. As the Commission continued to debate as to when
49 it would be the best time to consider this item, Mr. O'Donniley
50 said that "persuasion is less effective than regulation."
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1 At this time Commissioner Sherar asked the applicant, Mr.
2 Hill, how quick he wanted to start with his project. Mr. Hill
3 said that the plans are being drawn and that he thinks that they
4 will be breaking ground sometime in mid summer; he also said that
5 they have more parking that they need.
6
7 Commissioner Wiscombe said that this is the time to consider
8 the future look of the properties within the GR district facing
9 US1.
10
11 Moved by Commissioner Sherar to amend the resolution to
12 strike the asterisk under `P' on the zoning table, and also on
13 line 37. The motion to amend died for lack of a second.
14
15 There being no further comments or discussion, the motion to
16 approve this item passed by a 4 -1 vote.
17
18 Commissioner Wiscombe: Nay
19 Commissioner Sherar: Yea
20 Vice Mayor Palmer: Yea
21 Commissioner Birts- Cooper: Yea
22 Mayor Russell: Yea
23
24
25 RESOLUTION (S) /PUBLIC HEARING (S)
26 (None)
27
28 RESOLUTION (S)
29
30 Resolution No. 60 -04 -11839
31 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, FLORIDA RELATING TO LOAN
33 REPAYMENT; AUTHORIZING THE CITY MANAGER TO USE AN
34 AMOUNT NOT EXCEEDING $265,500 FROM THE LOAN PROCEEDS
35 AS THE NEXT INSTALLMENT PAYMENT FOR THE $6.5 MILLION
36 PARKING GARAGE LOAN SCHEDULED FOR MAY 1, 2004;
37 PROVIDING AN EFFECTIVE DATE. 3/5
38 (City Manager)
39
40 Moved by Mayor Russell, seconded by Vice Mayor Palmer, to
41 approve this item.
42
43 Mr. Oshikoya explained that this is just to request
44 authorization for the City Manager to pay the Florida Municipal
45 Loan Council an amount not exceeding $265,600 as the next payment
46 scheduled for May 1, 2004 on the $6.5 million parking garage
47 loan. He also said that when Mr. Richman's payment to the City in
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the amount of $101,916 is received, it will be used to defray the
next loan repayment thereby reducing the amount needed from the
loan proceeds.
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
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ADD $10,230.58 TOWARDS THE MULTI - PURPOSE
CENTER CONSTRUCTION BUDGET AND EXECUTE APPLICABLE
CHANGE ORDER TO COMPLETE PAYMENT TO DOOLEY & MACK FOR
THE CONSTRUCTION OF THE MULTI- PURPOSE CENTER TO BE
CHARGED TO ACCOUNT NUMBER 011- 2100- 519 -9920;
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 a request to take an
additional $10,230.58 out of contingency to finalize the
completion of the project at the Multipurpose Center. Some of
the items needed for the completion of the project were required
by the Fire Marshall and others were required for the telephone
and computer systems.
Commissioner Sherar said that the Change Order for the
requested amount was not included in the package. Mr. Balogun
explained that the amount which was really not funded in the
$3,050,000 is $6,000 and the rest is from the final project
closeout change order which was included in the package. At this
point Ms. Davis asked to allow her to bring this item back to the
Commission.
Commissioner Wiscombe said that the Commission had asked in
the past to show the balance of accounts on the resolutions and
Ms. Davis that she would look into that.
Moved by Mayor Russell, seconded by Commissioner Wiscombe,
the motion to defer this item passed by a 5 -0 vote.
REGULAR CITY COMMISSION
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Commissioner Wiscombe: Yea
1 Commissioner Sherar: Yea
2 Vice Mayor Palmer: Yea
3 Commissioner Birts- Cooper: Yea
4 Mayor Russell: Yea
5
6
7 Resolution No. 61 -04 -11840
8 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
9 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
10 COMMITTEES APPOINTING DAVID SILVER TO SERVE ON THE
11 PARKING COMMITTEE FOR A TWO YEAR TERM— ENDING AAPRIL 5
12 2006; AN UNEXPIRED TERM ENDING JUNE 17, 2005; AND
13 PROVIDING AN EFFECTIVE DATE. 3/5
14 (Mayor Russell)
15
16 Moved by Mayor Russell, seconded by Commissioner Sherar to
17 approve this item.
18
19 Mayor Russell explained that she pulled this item from the
20 Consent Agenda in order to amend the term of this appointment as
21 shown. She said that this replacement has been done for a
22 business representative who has been unable to attend six meeting
23 in a row.
24
25 There being no further comments or discussion, the motion to
26 approve this item as amended passed by a 5 -0 vote.
27
28 Commissioner Wiscombe: Yea
29 Commissioner Sherar: Yea
30 Vice Mayor Palmer: Yea
31 Commissioner Birts- Cooper: Yea
32 Mayor Russell: Yea
33
34 Resolution No. 62 -04 -11841
35 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
37 MANAGER TO EXECUTE ADDITIONAL WORK ORDER (CHANGE
38 ORDER) WITH T. J. PAVEMENT CORP. FOR THE CHURCH
39 STREET IMPROVEMENTS -PHASE 1 CONSTRUCTION IN AN AMOUNT
40 OF $19,975.00 TO BE CHARGED TO MIAMI -DADE COUNTY
41 OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED)
42 GRANT ACCOUNT NUMBER 001 - 0000 -115 -7044; PROVIDING FOR
43 AN EFFECTIVE DATE. 3/5
44 (City Manager)
45
46 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
47 approve this item.
48
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Commissioner Sherar, who pulled this item, explained that he
did so because he is against spending more money in that area,
particularly planting palm trees. He said that the CRA area has
already gotten a lot of grant money for improvement while there
are other parts of the City that still need sewer for instance.
He said that it would be better to be spending money by creating
jobs for the unemployed instead of planting trees.
Ms. Davis said that this money has nothing to do with
planting palms. Furthermore, this is a grant from OCED that was
specifically allocated for that area and due to the efficiency of
our Public Works Director, he was able to get this additional
work which was not originally in the contract, by obtaining
administrative fees in the amount of $17,000 and change,
therefore he now has a balance left in the grant and what this is
for is to increase the water pressure for that area.
Commissioner Sherar said that this improvement extending the
water main will benefit future developers for the South Miami
Gardens instead of having the developers pay for the improvement.
He said that there are many other parts of the city where potable
water is needed.
Ms. Davis said that we have the choice of utilizing the
balance f or the project or we may give the money back to OCED .
She said that the money cannot be used anywhere else but on that
project.
Vice Mayor Palmer said to be concerned because CRA is being
hammered quite often, and that if the money has been earmarked
for the CRA area that is where it should be used.
There being no further comments or discussion, the motion to
approve this item passed by a 4 -1 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 63 -04 -11842
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH TJ PAVEMENT CORP.
FOR THE INSTALLATION OF NEW GUARDRAILS ALONG THE
CANAL BANKS ON MANOR LANE FOR AN AMOUNT OF $5,800.00,
TO BE CHARGED TO PUBLIC WORKS DEPARTMENT STORM WATER
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1 TRUST FUND ACCOUNT NUMBER 111 -1730- 541 -3450;
2 PROVIDING FOR AN EFFECTIVE DATE. 3/5
3 (City Manager)
4
5 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
6 approve this item.
7
8 Commissioner Sherar, who pulled this item from the Consent
9 Agenda, asked staff whether we will be compensated from the
10 person who damaged the guardrail. Ms. Davis said that she did not
it know the history and that all she knows is that it needs to be
12 replaced.
13
14 Mayor Russell directed the City Manager to look into this
15 matter.
16
17 There being no further comments or discussion, the motion to
18 approve this item passed by a 5 -0 vote.
19
20 Commissioner Wiscombe: Yea
21 Commissioner Sherar: Yea
22 Vice Mayor Palmer: Yea
23 Commissioner Birts- Cooper: Yea
24 Mayor Russell: Yea
25
26 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO ENTER INTO A NEW TWO YEAR LEASE AND
29 MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH
30 FT. LAUDERDALE BARLEY- DAVIDSON, DISBURSEMENT OF THE
31 FUNDS FROM ACCOUNT NUMBER 1910 -521 -4450
32 ( PURCHASE /LEASE - POLICE VEHICLES). 3/5
33 (City Manager)
34
35 Moved by Commissioner Sherar, seconded by Commissioner
36 Wiscombe to approve this item.
37
38 Commissioner Sherar, who pulled this item as well, said that
39 instead of just renewing this lease we should do some inquiries
40 among some local shops in an effort to get a better deal and save
41 some money.
42
43 Assistant Chief Mills said that it is his understanding that
44 in this region there is only one authorized dealer to provide
45 this particular program for police departments.
46
47 Ms. Davis asked the Assistant Chief whether we could defer
48 this request until the next meeting and he said that would be
49 fine and we will still have a contract.
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Vice Mayor Palmer asked about the possibility of purchasing
versus leasing. The Assistant Chief said that they have
contemplated that idea in the past but the investment for
purchasing would be much more extensive than leasing which comes
to $250 a month and it is much more attractive.
Moved by Commissioner Sherar, seconded by Commissioner
Wiscombe, the motion to defer 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
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
15. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB) ,
AMENDING SECTION 20- 6.1(C)(1)(a) OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE, TO MODIFY THE RESIDENCY
REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER OF
THE ERPB; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe to
approve this item.
Mayor Russell asked whether there would be anyone in the
audience tonight who may be waiting to speak on this item. Since
there was nobody waiting to speak, the Mayor said that she would
move to defer this item due to the Passover Holiday and have the
public hearing at the next scheduled City Commission meeting.
Moved by Mayor Russell, seconded by Commissioner Wiscombe,
the motion to defer 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
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MINUTES - April 6, 2004
1 COMMISSION REMARKS
2
3 Commissioner Wiscombe wished everybody a happy Passover and
4 a happy Easter and said goodnight.
5
6 Commissioner Sherar referred to an axiom in the law "the lot
7 is not mine, those things are small consequences." He said that
8 you have to learn how to pick and choose your battles. Along
9 these lines, he then said that the time to complain about the new
10 garbage pick up system was back in September when he and some
11 other people came up and spoke against it. With regard to Mr.
12 Ward's suggestions about the public remarks he said he likes them
13 the way they are now because it is better to accommodate the
14 people who have general concerns. He then referred to comments on
15 the Farmer's Market saying that the State of Florida does not
16 have a district attorney and whoever wants to send something to
17 the district attorney would have to go to New York.
18
19 To Commissioner Sherar's question on whether the Community
20 Newspaper had quoted her right this time, Ms. Davis said that she
21 does not understand why the City manages the funds for the
22 Farmer's Market when it is a grant. The Red /Sunset Merchants, for
23 instance, they are given money each year and the City does not
24 have to deal with their expenses. Therefore she said that yes,
25 she was properly quoted, that she is going to recommend that in
26 the future we do not deal with the expenses in this type of
27 situations. It is a separate entity and she does not think that
28 the City should be involved in managing the expenses when it is a
29 grant, and that is her personal opinion, she added.
30
31 Commissioner Wiscombe said for the records in reference to
32 the Farmer's Market, that the only reason that money was
33 deposited back into the City is because the intention from the
34 people involved in it was that whatever was raised to give back
35 to the City. And the former Manager, he added, agreed to have
36 some of the maintenance guys from Public Works to help them set
37 up the tents and things like that.
38
39 Mayor Russell asked as to whether there is an ongoing
40 investigation into the Market Farmer's fund and the City Manager
41 said no, but that she would be willing to do so if this
42 Commission directs her to do it. She said that she talked to the
43 City Attorney about this and in going back into the records this
44 is no different than the funds that we give to the Red /Sunset
45 Merchants. She reiterated that this is a community function and
46 not a City function.
47
48 Mayor Russell said that she would like to be able to discuss
49 this issue with the City Manager and the City Attorney before she
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MINUTES - April 6, 2004
decides to conduct an investigation, after she gets all the
facts.
Commissioner Birts- Cooper wished Happy Passover and Happy
Easter to everyone and goodnight.
Vice Mayor Palmer commended Mr. Ward for a statement that he
made. She said that even though those sitting on the dais have
made a sacrifice, they do need some consideration because they
work and they have a family. She said that starting to do City
business after 10:00 p.m. justice is not going to be done because
they are just human and they are tired at those late hours of the
night. About the Farmer's Market issue she said that they can sit
down at a table with all of those involved and work it out, and
she said that there may be some miscommunication somewhere but
that should be done before we press any further. And with that,
she wished everyone happy holidays.
Mayor Russell acknowledged the presence of three University
of Miami journalist students, welcomed them and thanked them for
coming. She also thanked all those who joined her in attending
Day Days in Tallahassee and for making their first trip together
such a success. She then said that tolerating the constant
outbursts from the audience is extremely distracting, not to
mention disrespectful and interrupts their train of thought. She
urged everyone that if they have something that it is very
important and they need to discuss to please take it outside. She
then informed everyone about the SW 62nd Charrette Workshop which
will be held Wednesday, April 14th at 6:30 p.m., with the first
30 minutes set aside for discussion on how to conduct the
meetings. Mayor Russell also apologized for not rescheduling the
meeting because of the Passover since when she realized this it
was too late to change it, and wishing happy Passover and happy
Easter to everyone she said goodnight.
There being no further business to come before this Body,
the meeting adjourned at 9:35 P.M.
Approved
Attest
Maria M. Menendez
City Clerk
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MINUTES - April 6, 2004
Mary Scott Russell
Mayor