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City of South Miami
Regular City Commission Minutes
April 20, 2004
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, April 20, 2004, beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Mary Scott Russell, Vice Mayor Palmer and, Marie Birts-
Cooper and Craig Z. Sherar. Commissioner Randy G. Wiscombe was
absent
Also in attendance were: City Manager Maria V. Davis, City
Attorney Earl Gallop and City Clerk Maria M. Menendez.
B. Invocation:
Invocation was delivered by Mayor Russell, asking for a
moment of silence to remember former Commissioner Bethel who is
currently in ICU.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentation(s) 7:00 p.m.
(None)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of April 6, 2004
Moved by Commissioner Sherar seconded by Mayor Russell,
the motion to approve the minutes of April 6, 2004 passed by a 4-
0 vote.
REGULAR CITY COMMISSION
MINUTES - April 20, 2004
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
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2. City Manager's Report:
a) Occupational License for Pizza Delivery
Ms. Davis indicated that this is in reply to a question
raised by one of the Commissioners at a previous Commission
Meeting concerning pizza shops that deliver in South Miami but
are located in other municipalities. It was found that if the
actual pizza shop is not located within the boundaries of the
City of South Miami, the business is only required to have a
license from the municipality where it is physically located.
b) Recreation Ad Hoc Committee — Recreation Fees &
Facility Naming
Ms. Davis invited Mr. Ricke to speak on this report. He
indicated that the Recreation Ad Hoc Committee has been meeting
on a weekly basis since its inception over a month ago, to
discuss a number of issues. The April 12th meeting concluded
with some consensus among the members as to the Recreation
Program fees and proposed fee waiver guidelines, as well as the
name of the facility, and the following are the recommendations
by the Committee:
• Maintain the current schedule of fees as adopted by
resolution at the September 2, 2003 Commission meeting;
• Establish a fee reduction program for South Miami residents
based on the school system's Free & Reduced Lunch program
guidelines;
• Establish a reduced rate for use of the Fitness Center by
Senior Residents and by Board and Committee members;
• That the facility be named the South Miami Community Center.
Vice Mayor Palmer inquired whether residents after paying
their fee have any limitations in the use of the Center. Mr.
Ricke said that right now the Center is opened only six days a
week and that the residents do have access to the facility at all
-times while opened.
Commissioner Sherar asked Mr. Ricke whether a comparison
study had been done to see how our fees interrelate with the YMCA
charges, for instance. Mr. Ricke said that this is one of the
things that the Ad Hoc Committee has looked at. He said that the
fees were compared with other municipalities, at the time they
were proposed back in September; therefore, the Ad Hoc Committee
has had the opportunity to review fees that are being charged by
other programs. He added that we are very fair with our fees, in
fact, we are on the low end when compared with what other
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1 municipalities charge for providing these types of programs.
2 Commissioner Sherar then asked as to how staff is covering
3 expenses with the current revenue. Mr. Ricke said that if we take
4 salaries into account, we are in the 10-15% range; and if we do
5 not take salaries into account, we are closer to 500.
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7 Mayor Russell said that it should be taken into
8 consideration the fact that while others provide uniforms and
9 additional staff, such as with umpires and referees, we do not
10 provide any those things. She asked Mr. Ricke to provide the
11 comparison study to the Commissioners so that they have a
12 complete picture.
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14 Commissioner Sherar asked whether we can obtain any
15 financial help from the School Board. Mr. Ricke indicated that
16 during the school year we usually get help from colleges and
17 universities by providing us with tutors and reading instructors;
18 however, this summer we will be receiving a grant for a reading
19 program during the summer, where the School Board will be
20 contributing about $18,000 for us to provide an eight -week
21 reading program that will be part of our summer program.
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23 Vice Mayor Palmer asked whether the City is doing anything
24 to promote this type of program, and Mr. Ricke said that they are
25 preparing a brochure regarding this program. He said that as soon
26 as a resolution is adopted with the schedule of fees they will
27 finish and send out those brochures. The Vice Mayor also reminded
28 Mr. Ricke about the signs and he replied that those are on hold
29 waiting for the decision on the name of the Center. Mr. Gallop
30 indicated that the Commission has the option of doing it either
31 by motion or by resolution and Mayor Russell asked Mr. Ricke to
32 bring a resolution to the next meeting relating with the new name
33 of the Multipurpose Center.
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35 Commissioner Sherar said that he would like to have a public
36 hearing on the fees for the Multipurpose Center.
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38 Ms. Davis said that this is just a report on the progress of
39 the Ad Hoc Committee so far and that this can be brought back
40 before the Commission for discussion later on.
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42 Mr. Ricke then referred to the fee schedule calculator used
43 nationwide indicating that the Finance Department prepared a more
44 liberal calculator so that a larger number of families in South
45 Miami would be able to benefit from the fee waiver program.
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47 Ms. Davis then referred to one more item relating to the
48 portraits on the right hand side of the Commission Chambers wall.
49 She said that for some reason Ms. McCann's picture was not placed
50 there as the first female mayor of South Miami. It has been ten
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1 years since she served and we thought it would be appropriate to
2 acknowledge our first woman mayor by adding her to the wall, Ms.
3 Davis added. She also explained that now the portraits have a
4 plate with the name and designation for the benefit of everyone
5 who looks at that wall to understand why those pictures are
6 there.
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8 There being no further comments or discussion, the City
9 Manager's Report concluded.
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11 At this point, Mayor Russell announced that items #11, 12 &
12 13 on the Agenda would be deferred until the next meeting. Also,
13 she announced that the attorney- client session scheduled for this
14 evening has been postponed until Tuesday, April 27th, 2004 at
15 6:00 p.m.
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17 3. City Attorney's Report
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19 Mr. Gallop said that he had no report tonight.
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21 There being no further comments or discussion, the City
22 Attorney's Report concluded.
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25 PUBLIC REMARKS
26 (5- minute limit)
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29 Mr. David Tucker, Sr. addressed the Commission with his
30 collected wisdom, about the importance of friendship, which
31 cannot be bought. To have a friend, he said, be a friend first.
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33 Ms. Yvonne Beckman said to be glad to hear that there will
34 be no changes to the Public Remarks section. She also referred to
35 SW 62nd Avenue saying that three stories would not be appropriate
36 next to single- family homes in that area.
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38 Mr. Jay Beckman addressed the Commission by indicating that
39 he is part of the Recreation Committee. He said that one
40 committee member has suggested that this City should squeeze the
41 University of Miami (UM) for further donation because the
42 University wants to build something on the Anthony Abraham
43 property, and this person described what should be done here as
44 special impact fees for zoning and variances. Mr. Beckman urged
45 the City to contact UM to inform them that this person in no way
46 represents the City. He then referred to the People's
47 Transportation Plan, saying that he has read it, concluding that
48 the money for road resurfacing should come out of our general
49 budget as it has been done in the past.
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2 Ms. Cathy McCann said to be concerned with the budget of the
3 Multipurpose Center which is costing us about half a million
4 dollars to run while the fees are probably the lowest in Dade
5 County. She said to have a problem with Board and Committee
6 members getting a 20% discount and an employee of the City paying
7 $70 instead of $200. She also said to have a problem with the
8 Transportation Plan on the agenda tonight without a public
9 hearing, saying that she does not think that a Plan that is
10 spending $400,000 of taxpayer's money should be voted on without
11 more people participating. She then urged the Commission to take
12 a look at what is happening in the City with positions. At the
13 last budget hearing we eliminated one of the assistant police
14 chiefs, and it now appears that we are creating a new category,
15 almost another assistant police chief, she said. She then urged
16 the Commission to make sure that if there is a category that is
17 being paid that is not in the budget, to take a good look at it.
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19 Mr. Walter Harris said that since we are spending $400 per
20 day on the Richman debacle, then we can spend $130 and get a
21 clock to control the public remarks time.
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23 Ms. Sharon McCain referred to the Booby Trap new sign which
24 has not been installed. She then referred to the issue of
25 dedication of streets, saying that a new house is being
26 constructed at SW 84th Street and SW 61St Avenue, where there used
27 to be a dead end street and now the street is opened. She then
28 requested for the Planning and Zoning Department to post on the
29 City's website all new construction, new businesses and permits
30 so that the public is informed of what is going on. She said she
31 would like to know what happened with the house being built on SW
32 58th Avenue in relation to the dedication of the street. She said
33 that she hopes that the public remarks remain at five minutes.
34 She also said that she would like to see the People's.
35 Transportation Plan postponed this evening. Still on another
36 subject, she said that Tire Kingdom is making a bundle on South
37 Miami on nails on tires with all the construction on SW 73rd
38 Avenue. She thanked Mayor Russell for showing the account
39 balances on the agenda. She also said to be concerned by the City
40 using the same vendor over and over.
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42 Mr. Dick Ward said to be pleased to see an increase in
43 activities at the Multipurpose Center. He then referred to the
44 Alliance for Youth which had asked to the previous Commission for
45 their permission to use a City facility. After much discussion
46 and at the request from one of the Commissioners, the City
47 Manager said that the Alliance for Youth would have to buy
48 liability insurance in order to use that facility, that only City
49 sponsored activities would be allowed under their insurance
50 umbrella, and he then referred to the Farmer's Market which the
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1 opposite approach has been used. He said that a similar situation
2 is happening with the parking garage loan, which is not in the
3 budget and it is going to cost the City heavily. He then quoted
4 some sections of the City Charter as they apply to the duties of
5 the City Manager. He then read the Oath of Office, finally saying
6 that there seems to be something wrong and urged the Commission
7 to look into it.
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9 Mr. David Fry referred to the People's Transportation Plan
10 saying that, in his view, an ordinance would seem more in order
11 than a resolution to approve this Plan, and urged the Commission
12 to look into it and to check with the County. He added that he
13 does not agree with the Plan schedule.
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15 Ms. Valerie Newman, accompanied by a resident of the Senior
16 Center, referred to the need for a crosswalk and a covered bench
17 by the bus stop across from the Center. She also indicated that
18 the actual bus bench is placed about 20 feet from the actual bus
19 stop. Ms. Newman then indicated that there are two disabled 28-
20 year olds who currently reside at the building, who have wild
21 parties at all times of the night. The police have been called
22 but the seniors who live there are afraid of retribution from
23 these tenants. She then said that this building has not been
24 designated for seniors and that she has been informed by the
25 administrator that it is HUD in Washington the agency which would
26 be in charge of such designation and asked the Commission to put
27 some pressure on HUD if possible. She also said that the Senior
28 Center needs a chalkboard for their English classes.
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30 Mr. John Edward Smith said to be concerned with violators of
31 the stop sign by the South Miami Hospital at SW 62nd Place and SW
32 74th Street, and that there is no stripping on the street either.
33 Then he referred to the construction of the new facility, saying
34 that exiting on SW 73rd Street on to SW 62nd Avenue, either going
35 north or southbound in the morning between 7 -9 a.m. there are
36 large trucks that are bringing in the pre -cast concrete, blocking
37 the median strip and in some cases, also blocking the right lane
38 on Sunset Drive and SW 62nd Avenue. There is not a single police
39 officer or a member of the Florida Highway Patrol directing
40 traffic there. Mr. Smith then referred to the SW 62nd Avenue
41 Corridor requesting further discussion among the Commission
42 relating to the vision of the streetscape that might be
43 contemplated, and to revisit the issue of the FAR and density for
44 the area.
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46 Ms. Beth Schwartz said that she has been recently informed
47 that a plan, submitted by the owners of the Community Newspaper
48 on the SW 62nd Avenue Corridor has been shown to all the
49 Commissioners. She then referred to the numerous meetings with
50 the residents, and to the 177 signatures for maintaining the two-
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1 story allowable building in the area. She said that the plan
2 submitted by the Community Newspaper calls for three stories in
3 the front and two in the back, with the third story for residency
4 at the top, and for expansion of the Community Newspaper. She
5 said that the Community Newspaper is a non - conforming building by
6 code, and it cannot be expanded. On another subject she then
7 referred to the garbage pick -up trucks working at 5:55 a.m. on SW
8 70th Street and SW 62nd Avenue, making horrendous noise and
9 violating the noise ordinance.
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11 After there were no more speakers, the Public Remarks
12 section was closed.
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14 Mayor Russell then spoke to clarify some of the concerns
15 expressed by some speakers: The free repaving is part of the
16 Transportation Plan; About the Booby Trap sign, she asked to the
17 Manager to speak on that: Ms. Davis explained that it has been
18 through the ERPB, and that Board requires some modifications, and
19 she said it may be a matter of a few days, or a week or two
20 before they have the new sign installed. About the public safety
21 relating to traffic, Mayor Russell asked the City Manager to look
22 into it as soon as possible; She then referred to Mr. Fry's
23 concern for the incomplete People's Transportation Plan. She said
24 that it is a 5 -year Plan; however, we have a continuing plan
25 which will rotate and will become a 5 -year Plan again at the end
26 of this one, and we do have a long -term vision. She then
27 explained that there is no money this year for potable water or
28 sanitary sewer. Storm water only, that is all we are going to
29 have this year, and they are two totally separate issues. She
30 said to understand the concern of breaking the road twice, for
31 traffic calming first and then for underground infrastructure
32 improvements but they are two separate funding forces; She said
33 that they have already addressed the issue of the bus benches and
34 are following up on it; Finally, about the crosswalk and covered
35 bus bench by the Seniors Center, the Mayor said that the Public
36 Works Director is working on it with the County.
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38 Vice Mayor Palmer asked the City Manager to clarify the
39 issue presented by a speaker, relating to positions being
40 shifted. Ms. Davis responded that we have not added new
41 positions, all that has been done is to convert titles.
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43 Commissioner Birts- Cooper asked to expand a little more on
44 this issue. Ms. Davis explained that there were three sergeant
45 positions that were reclassified to commander positions. There
46 were no additional positions added. The title of commander was
47 already in the budget in our pay plan. We re- titled and we
48 reclassified some positions, we did not add any positions to the
49 budget. Commissioner Birts- Cooper asked if there had been any
50 salary increase and Ms. Davis said there had been a 5% increase
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in salary for additional responsibilities. She said that the
budget has not increased. What was done is to absorb those salary
differences within the existing budget, due to salary lapse and
by significantly cutting the overtime budget. Ms. Davis said that
she was not talking about a lot of money and that she would be
happy to provide the Commission with a report showing exactly how
much is costing. We have no new assistant chief, as a matter of
fact, the position of commander is below the rank of lieutenant.
Vice Mayor Palmer said, for the purpose of clarification,
that last week she had responded to Ms. McCain based on her
report. Vice Mayor Palmer said that she was out of town the week
before the incident in reference. She said she has responded to
Ms. McCain based on what was presented before her and had no
prior knowledge of the issue, only some input which she obtained
from the City Manager.
Commissioner Sherar referred to the Brandon Lurie's
construction site saying that they are not doing a very good job
of keeping the street cleaned visually and suggested that Code
Enforcement should take a look at it. He referred to the parking
garage by saying that they are working on it, they inherited the
problem which is a massive one and asked for patience. He said
that the solution will not be an easy one and it may not even be
one that he likes but they are doing the best they can. With
regard to street dedication he explained that property
information can be obtained online and then going to the County.
He also said that we should make an effort to post as much
information as we can on our website to have the public informed.
Commissioner Birts- Cooper said she has noticed that on Manor
Lane there are seven parking meters with no head. Ms. Davis said
she did not know about this but that she would get back to her
with that information.
At this point, Mr. Gallop referred to Mr. Ward, who had
previously read the Citizens' Bill of rights and provisions of
the Charter, and the Oath of Office, relating to the City
Manager, and the Commission's duty to supervise the Manager. Mr.
Gallop said that if there is any legal analysis to suggest any
malfeasance concerning the budget, he would like to hear it.
However, he said not to be aware that the City is in violation of
State budget requirements at all.
Mayor Russell at this point took a moment to recognize some
journalist students from the University of Miami who were
present. They are writing a story on our Commission meeting this
evening. She also recognized a representative from the Department
of Transportation and Jena Staley, Chair of our Commission for
Women.
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W
At this point Commissioner Sherar pulled Item #7 from the
Consent Agenda (now #15).
CONSENT
Resolution No. 64 -04 -11843
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING CHARLOTTE C. DISON TO SERVE ON
THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM
ENDING APRIL 19, 2006; AND PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Russell)
Resolution No. 65 -04 -11844
5. A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES
FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
$8,584.51; CHARGING $1,050.00 TO ACCOUNT NO. 1500 -514-
3435, REAL PROPERTY /FORECLOSURE; CHARGING $7,394.55 TO
ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON -
RETAINER; AND CHARGING $139.96 TO ACCOUNT NO. 1500 -514-
3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE.3 /5
(City Attorney)
Resolution No. 66 -04 -11845
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO OFFER TO ITS EMPLOYEES THE OPPORTUNITY TO
PARTICIPATE IN THE INTERNATIONAL CITY MANAGER'S
ASSOCIATION (ICMA) 401A MONEY PURCHASE PLAN PROVIDING
AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 67 -04 -11846
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI FLORIDA RELATING TO ELECTION
EXPENSES, AUTHORIZING THE FINANCE DIRECTOR TO DISBURSE
THE AMOUNT OF $4,419.37 FROM ACCOUNT NUMBER 001 -2100-
519 -9920 TITLED NON DEPARTMENTAL - GENERAL CONTIGENCY
AND $1,346.50 FROM ACCOUNT NUMBER 001 - 1200 - 512 -4920
TITLED CITY CLERK - ELECTION, TO THE MIAMI - DADE
COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE GENERAL
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1 ELECTION HELD FEBRUARY 10, 2004; AND PROVIDING AN
2 EFFECTIVE DATE. 3/5
3 (City Manager)
4
5
6 Resolution No. 68 -04 -11847
7 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SETTING THE
9 DATE AND TIME FOR A COMMISSION WORKSHOP ON THE DOWNTOWN
10 PARKING STUDY AND THE STUDY OF THE SWIMMING POOL
11 PROPOSED FOR MURRAY PARK; PROVIDING FOR AN EFFECTIVE
12 DATE. 3/5
13 (City Manager)
14
15 Resolution No. 69 -04 -11848
16 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
17 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FORMAT OF
18 RESOLUTIONS APPROVING EXPENDITURES, REQUIRING THE
19 SHOWING OF ACCOUNT BALANCES WITHIN THE BODY; PROVIDING
20 FOR AN EFFECTIVE DATE. 3/5
21 (Mayor Russell)
22
23 Moved by Mayor Russell, seconded by Commissioner Sherar, the
24 motion to approve the Consent Agenda passed by a 4 -0 vote.
25
26 Commissioner Wiscombe: Absent
27 Commissioner Sherar: Yea
28 Vice Mayor Palmer: Yea
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
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34 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
35 (None)
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38 RESOLUTION (S) /PUBLIC HEARING (S)
39
40 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
42 TO SECTION 20-5.8(E) OF THE LAND DEVELOPMENT CODE TO
43 CONSIDER A SPECIAL USE REAPPLICATION TO ALLOW FOR THE
44 INSTALLATION OF A STEALTH ROOFTOP CELLULAR ANTENNA
45 TOWER ON PROPERTY LOCATED AT 6781 SUNSET DRIVE WITHIN
46 THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT;
REGULAR CITY COMMISSION 10
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1 PROVIDING FOR AN EFFECTIVE DATE. 3/5
2 (City Manager)
3
4 Moved by Mayor Russell, seconded by Commissioner Sherar, the
5 motion to defer this item passed by a 4 -0 vote.
6
7 Commissioner Wiscombe: Absent
8 Commissioner Sherar: Yea
9 Vice Mayor Palmer: Yea
10 Commissioner Birts- Cooper: Yea
11 Mayor Russell: Yea
12
13 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
14 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
15 TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A
16 SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP
17 CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET
18 DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING
19 USE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 4/5
20 (City Manager)
21
22 Moved by Mayor Russell, seconded by Commissioner Sherar, the
23 motion to defer this item passed by a 4 -0 vote.
24
25 Commissioner Wiscombe: Absent
26 Commissioner Sherar: Yea
27 Vice Mayor Palmer: Yea
28 Commissioner Birts- Cooper: Yea
29 Mayor Russell: Yea
30
31
32 RESOLUTION (S)
33
34 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
36 MANAGER TO FUND IN ADVANCE THE FIRST YEAR'S INSTALLMENT
37 NOT TO EXCEED $34,185.07 FOR THE PURCHASE OF ONE
38 AUTOMATED SIDELOADING GARBAGE TRUCK TO BE PURCHASED
39 FROM GENERAL GMC TRUCK SALES AND SERVICES, INC., IN AN
40 AMOUNT OF $155,383 TO BE CHARGED TO 2004 -05 PUBLIC
41 WORKS DEPARTMENT LEASE PURCHASE - TRUCKS ACCOUNT NUMBER
42 001- 1720 - 534 -4455; PROVIDING FOR AN EFFECTIVE DATE. 4/5
43 (City Manager)
44
45 Moved by Mayor Russell, seconded by Commissioner Sherar, the
46 motion to defer this item passed by a 4 -0 vote.
47
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Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 70 -04 -11849
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 36 MONTH LEASE AGREEMENT WITH
BARLOP BUSINESS SYSTEMS AND ITS LEASING COMPANY FLEET
CAPITAL LEASING, FOR A MULTIFUNCTIONAL COPIER, FOR
THE MULTIPURPOSE CENTER PHASE II IN AN AMOUNT OF
$3,300.00 A YEAR FOR THE NEXT THREE YEARS; CHARGING
THE DISBURSEMENTS TO ACCOUNT NUMBER 001- 2020 - 519 -4710
TITLED "PHOTOCOPY MACHINE "; AND PROVIDING FOR AN
EFFECTIVE DATE. (Deferred from 3116104) 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Sherar to
approve this item.
Commissioner Sherar recommended negotiating with the
leasing company to see whether instead of allowing for 5,000
copies a month, to allow for 60,000 a year, since the amount of
copies made are not the same every month. He compared this with
the cell phones rollover minutes situation. Mr. Ricke agreed with
Commissioner Sherar's suggestion and said he would get back with
the vendor to negotiate.
Without any further comments or discussion, the motion to
approve this item passed by a 4 -0 vote.
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 71 -04 -11850
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A NEW TWO YEAR LEASE AND
MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH
FT. LAUDERDALE HARLEY- DAVIDSON, DISBURSEMENT OF THE
REGULAR CITY COMMISSION
MINUTES - April 20, 2004
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FUNDS FROM ACCOUNT NUMBER 1910 - 521 -4450
(PURCHASE /LEASE - POLICE VEHICLES). 3/5
(Deferred from 416104)
(City Manager)
Moved by Mayor Russell, seconded by Vice Mayor Palmer to
approve this item.
Commissioner Sherar said that he appreciates that staff took
the time to look into this.
Without any further comments or discussion, the motion to
approve this item passed by a 4 -0 vote.
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 72 -04 -11851
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE FIVE -YEAR
(2003 TO 2008) PEOPLE'S TRANSPORTATION PLAN; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Vice Mayor Palmer, to
approve this item.
Commissioner Sherar said that a lot of people are concerned
with this and it should have been placed for public hearing. He
said to be concerned with the way money is scheduled to be spent.
As an example he referred to line item #8 relating to the
installation of bus shelters in the downtown area, whereas on
another place indicates the locations which are not really the
downtown area but rather the CPA area. He said that a lot of
money has already been spent and is scheduled to be spent in the
CRA area. He said that adopting this Plan would be a blueprint
for disaster.
Ms. Davis explained that Mr. Balogun did a lot of planning
and that this Plan is a combination of years of different studies
which have been done, and we have included into the package a lot
of projects that we have not been budgeted for. About the
distribution of monies, she indicated that we do not look at
certain areas, but rather we look at the needs and we prioritize
REGULAR CITY COMMISSION
MINUTES - April 20, 2004
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1 based on that. She also explained that sidewalks are not eligible
2 under this program.
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4 Mayor Russell indicated that we have a preliminary
5 confirmation from the County for $1 million to spend in District
6 7, and they made SW 67th Avenue sidewalks, from SW 77th to 44th a
7 priority, and they are designating $425,000 to the installation
8 and repair of the existing sidewalk system. There will be a
9 presentation here within the next two Commission meetings by the
10 County on the sidewalk program, she added.
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12 Ms. Davis indicated that staff will be bringing forward to
13 the Commission, as far as sidewalk improvements, the new GOB
14 (General Obligation Bond). She said that she met with Dade County
15 representatives last week to discuss the City's needs, and that
16 they went from a regional perspective as well as a municipal
17 perspective and she said that they are moving on a very fast
18 track to prepare this 30 -year plan.
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20 Commissioner Sherar again referred to Progress and Commerce
21 Lane which is an economical viable part of the CRA which also
22 needs improvements. Mayor Russell indicated that the CRA Advisory
23 Board now has a member of the Progress and Commerce Lane business
24 community serving on the Board to help assist with that.
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26 Ms. Davis clarified that even though we did not have a
27 public hearing on this, we have had two public workshops where
28 the community came up and voiced their opinion.
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30 Mayor Russell added that multiple traffic calming workshops
31 were held, plus years of information that Mr. Balogun compiled
32 into a list of priorities for the first five years. Not to
33 mention, the Capital Improvement Plan, traffic studies done by
34 engineers, as well as residents input since I have been sitting
35 here for six years while we did not have the money to address the
36 needs. Now we have the money, six years of input, and we are
37 going to get started. And as Aj i mentioned it, this document is
38 subject to change, and we will prioritize as necessary.
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40 Without any further comments or discussion, the motion to
41 approve this item passed by a 3 -1 vote.
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43 Commissioner Wiscombe: Absent
44 Commissioner Sherar: Nay
45 Vice Mayor Palmer: Yea
46 Commissioner Birts- Cooper: Yea
47 Mayor Russell: Yea
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REGULAR CITY COMMISSION
MINUTES - April 20, 2004
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1 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
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4 16. A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE
6 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB),
7 AMENDING SECTION 20-6.1 (C) (1) (a) OF THE SOUTH MIAMI
8 LAND DEVELOPMENT CODE, TO MODIFY THE RESIDENCY
9 REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER OF
10 THE ERPB; PROVIDING FOR SEVERABILITY; PROVIDING FOR
11 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
12 DATE. (Deferred from 416104) 3/5
13 (City Manager)
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15 Moved by Vice Mayor Palmer, seconded by Mayor Russell to
16 approve this item.
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18 Mr. O'Donniley explained that in May of 2002, the City
19 Commission adopted an ordinance which expanded this Board to nine
20 members, and the landscape architect was one of the positions
21 that was added. Since that ordinance went into effect, it has
22 been difficult to fill one of the current vacant positions with a
23 landscape architect since the Code specifies that all ERPB
24 members must reside or work in the City. Subsequently, the City
25 Commission, at its February 17, 2004 meeting adopted a resolution
26 directing the Planning Board to initiate the process to amend the
27 LDC in order to eliminate the residency requirement for the
28 landscape architect position on the ERPB. This ordinance includes
29 the provisions further recommended by the Commission.
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31 At this time Mayor Russell opened for public hearing.
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33 Ms. Yvonne Beckman said that this Board usually has a
34 problem getting a quorum. She also referred to an announcement on
35 the Miami Herald, about a new partnership between a member of the
36 Board, David Trautman, and Giorgio Balli, a son of another Board
37 member. She said to have a problem with that and also with having
38 an architect on the Board that does not belong to the City of
39 South Miami. Ms. Beckman then referred to certain requests which
40 have been approved by the ERPB, such as the Mandelstam four -story
41 gymnasium. She urged the Commission not to approve this
42 resolution.
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44 Mr. David Tucker Sr. said that the Planning Board also had a
45 discussion on this issue and that the ideal way would be to find
46 a landscape architect who belongs to the City, but if that is not
47 possible, then we need to look beyond in order to fill this
48 important position on the Board.
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REGULAR CITY COMMISSION 1 5
MINUTES - April 20, 2004
1 Mayor Russell directed Mr. O'Donniley to remind Mr. Trautman
2 and Mr. Balli to recuse from the Board when any items coming
3 before them are in conflict with their interests. Then Mayor
4 Russell noted that she has attended the last two ERPB meetings
5 where all members were present. She said that even though there
6 are other architects on that Board, it is very important that
7 this Board has the input of a landscape architect. The Mayor
8 added that these professionals are very committed, dedicating
9 part of the morning to attend to the business of this Board, and
10 she commended them. She reiterated that the rules of recusal will
11 be followed, and that with all of that she feels comfortable
12 voting on this ordinance on first reading.
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14 Commissioner Sherar then referred to the Planning Board
15 saying that according to his observations, they usually have a
16 hard time getting a quorum. He said that this needs to be
17 monitored. Mayor Russell said that she is trying to attend the
18 meetings of all the Boards, but this takes time since there are
19 many boards.
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21 Without any further comments or discussion, the motion to
22 approve this item passed by a 4 -0 vote.
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24 Commissioner Wiscombe: Absent
25 Commissioner Sherar: Yea
26 Vice Mayor Palmer: Yea
27 Commissioner Birts- Cooper: Yea
28 Mayor Russell: Yea
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32 COMMISSION REMARKS
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34 Commissioner Birts- Cooper said goodnight.
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36 Vice Mayor Palmer thanked everyone for their support and
37 input.
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39 Commissioner Sherar referred to the University of Miami (UM)
40 in relation to the Abraham property issue. He said that UM built
41� a basketball court instead of student housing, and that is their
42 prerogative. About the budget, he said it is getting late and
43 that we should have a budget committee, since the interaction
44 with the residents, as well as their input is important. He said
45 that there are a lot of issues relating to the budget which need
46 to be taken care of. On the new garbage truck, he said he has a
47 problem with it and he does not know how he will vote, but he
48 said that his ultimate decision will be based on what he
49 considers the appropriate thing to do. He then referred to the
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little pieces of land that the City owns saying that we should be
getting rid of those, putting them back on the tax base since we
are not doing anything with them. Ms. Davis said that this is a
good idea since the City has to maintain them anyway. The Mayor
said that it would be a good idea to have a full inventory of
those little pieces of land owned by the City.
Mayor Russell again asked everyone to remember former
Commissioner Bethel and his wife Lorraine. He is in South Miami
Hospital and everybody's thoughts would make a difference right
now.
There being no further business to come before this Body,
the meeting adjourned at 9:40 P.M.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - April 20, 2004
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Approved
Mary Scott Russell
Mayor