05-18-04 Item 11 City of South Miami
2 Regular City Commission Minutes
3 May 4, 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, May 4, 2004, beginning at 7 :30
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Presentation(s) 7:00 p.m.
12
13 1) University of Miami School of Architecture— Presentation
14 by Dr. Hochstim for a hypothetical development of a
15 property on SW 73rd Street.
16
17 Dr. Hochstim began addressing the Commission by saying that
18 for a number of years the University of Miami has cooperated with
19 the City of South Miami by presenting projects for possible
20 development of the downtown area. This semester they concentrated
21 on part of the Hometown Overlay district area, on SW 73rd Street,
22 just east of Winn Dixie, as a "Mixed -Use Urban Block" project.
23
24 Then, twelve students presented their individual projects.
25 Dr. Hochstim thanked Mr. Youkilis and Mr. O'Donniley for their
26 cooperation with the students in facilitating useful information.
27 Dr. Hochstim thanked Mayor Russell for the opportunity given to
28 the students to present their work to the Commission.
29
30 Mayor Russell thanked Dr. Hochstim and the students for
31 showing an interest in South Miami. She indicated that it is
32 great to see that future developers are not thinking about
33 maximum height and for being sensitive about what is happening in
34 our City. She also said that the diversity of their projects was
35 amazing; showing what is allowed to be built in South Miami.
36
37 2) Proclamation recognizing `National Public Works Week,'
38 May 16 -22, 2004.
39
40 Mayor Russell, joined by the Commission, presented a
41 Proclamation recognizing `National Public Works Week,' taking the
42 opportunity to thank Public Works Director Ajibola Balogun and
43 his staff, for their fine work.
44
45 At this point, Mayor Russell announced Vice Mayor Palmer's
46 birthday, a cake was presented with the usual happy birthday tune
47 sang in unison.
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MINUTES - May 4, 2004
1
2 B. Roll Call
3 The following members of the City Commission were present:
4 Mayor Mary Scott Russell, Vice Mayor Palmer, and, Commissioners
5 Marie Birts- Cooper and Craig Z. Sherar. Commissioner Randy G.
6 Wiscombe was absent.
7
8 Also in attendance were: City Manager Maria V. Davis, City
9 Attorney Eve Boutsis and City Clerk Maria M. Menendez.
10
11 C. Pledge of Allegiance:
12 The Pledge of Allegiance was recited in unison, lead by
13 "Troop 336."
14
15 Mr. Robert Meyer, Troop leader for this year, thanked the
16 Commission for affording them the opportunity to appear at this
17 meeting. This is particularly important to the group since
18 attending this event represents a merit badge called
19 "Citizenship and the Community." This would be the first merit
20 badge for 11 of the boys present and they will be required a
21 total of 21 before they can start their project for Eagle.
22
23 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
24
25
1. Minutes of April 20, 2004
26
27
Moved by Commissioner Sherar seconded by
Vice Mayor Palmer,
28
the motion to approve the minutes passed by a
4 -0 vote.
29
30
Commissioner Wiscombe:
Absent
31
Commissioner Sherar:
Yea
32
Vice Mayor Palmer:
Yea
33
Commissioner Birts- Cooper:
Yea
34
Mayor Russell:
Yea
35
36
37
2. City Manager's Report:
38
39
a) Presentation of the 2003 -04 FY second quarter
40
financial update.
41
42
Ms. Davis introduced Mr. Oshikoya who presented
the revenue
43
portion of the report and she later presented the expenditure
44
portion.
45
46
Mr. Oshikoya then proceeded to explain
in detail from the
47
Powerpoint presentation, the revenue from the
period ending March
48
2004. Following Mr. Oshikoya's presentation,
Ms. Davis proceeded
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1 with the expenditure part of the report. On the non - departmental
2 account, which is primarily pension, the year -to -date expenses
3 are $934,000; the Pension was $772,000; and, there is also
4 contingency dollars that are in there, as well as payments for an
5 800 -mhz police radio system that we pay annually to Miami -Dade
6 County, Ms. Davis explained. Mayor Russell here asked why these
7 payments are not on the Police budget and the City Manager said
8 she did not know. Mayor Russell said that this is a question to
9 be answered. In wrapping up, Ms. Davis indicated that we are at
10 53.52 percent at 50 percent of the year, emphasizing that she had
11 explained in detail as to why certain budgets are under or over,
12 saying that she is quite comfortable with where we are. She said
13 to be excited about all the new revenues which we were able to
14 bring in this year, and that we have also been able to hold down
15 the expenditures.
16
17 Vice Mayor Palmer asked Ms. Davis to explain the lapse in
18 the City Manager's expenditure which she said she did not
19 understand. Ms. Davis explained that she had budgeted for an
20 assistant beginning October 1, 2003, but she did not hire an
21 assistant until December 2003. Therefore, there were three full
22 months where that salary was not paid. The Vice Mayor then
23 referred to the revenue coming from delinquency fees this year,
24 but what will happen next year when we may not have these fees to
25 collect. Ms. Davis said that there is a possibility that there
26 will still be delinquent fees next year, and also, there are
27 businesses that have never paid occupational licenses.
28
29 Commissioner Sherar suggested that with regard to the City
30 Attorney's budget, we should break it down by in- house /outhouse
31 legal expenses. Ms. Davis said that we utilize a lot of contract
32 attorneys, but the only one that she is asking to be removed is
33 the labor attorney. She indicated that since she is the one who
34 is working with the labor attorney it would not be fair to have
35 it as an expense from the City Attorney. Commissioner Sherar said
36 that he would like to see subcategories on larger expenditures.
37 He then asked as to why the parking garage is not included in the
38 budget. Ms. Davis indicated that on the parking garage loan, the
39 proceeds are set up as proprietary fund. It is not set up to be
40 taken out of the general fund. She said that she does not like
41 the fact that we have to use the loan proceeds to pay back to
42 debt service, but because we have seen the progress with
43 negotiations, it almost would be improper at this point to have
44 budgeted for that because we are still in negotiations. However,
45 if on a worst case scenario negotiations fall apart and we are
46 stuck with the loan, at that point then it would be appropriate
47 to budget for that loan in the general fund, and the directions
48 would have to come from this Commission. The original ordinance
49 specifically stipulated that the loan be paid back out of the
50 revenue from the garage. Additionally, the construction loan was
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1 issued based on proceeds from the revenue from the garage to pay
2 it off. Therefore, at this point in time, you have acted
3 appropriately, the Finance Director has acted appropriately, and
4 I have acted appropriately, Ms. Davis added. She also said that
5 the allegation that we are improperly handling it is baseless.
6 Commissioner Sherar said that since the amount of the loan is so
7 significant, $6 million, he indicated that it should be part of
8 the report, perhaps as a separate page since it is not part of
9 the budget.
10
11 Mayor Russell asked staff, with regard to the parking garage
12 loan, to email the Commission a one -page itemization of all the
13 money, the total amount loaned, and the interest earned to date
14 for their information. She indicated that this information would
15 also be available for the public.
16
17 b) Seven meters on Manor Lane.
18
19 Ms. Davis indicated that Commissioner Birts- Cooper requested
20 that we looked into the seven meters on Manor Lane which have
21 been removed. Ms. Davis explained that upon a research conducted
22 by staff, it was found that these meters had been installed there
23 for two years and they were producing virtually no revenue and
24 that is the reason why they were removed.
25
26 There being no further comments or discussion, the City
27 Manager's Report concluded.
28
29 3. City Attorney's Report
30
31 Ms. Boutsis informed that she had nothing to report tonight.
32
33 There being no further comments or discussion, the City
34 Attorney's Report concluded.
35
36
37 PUBLIC REMARKS
38 (5- minute limit)
39
40 At the opening of public remarks, Mayor Russell announced
41 that we have a new system for timing speakers and briefly
42 explained how it works.
43
44 Mr. David Tucker first sent a get well wish to Commissioner
45 Wiscombe who was absent due to an injury caused by an accident.
46 He then talked about the importance of friendship and love.
47
48 Ms. Cathy McCann thanked Mayor Russell and Vice Mayor Palmer
49 for attending the Habitat project and for participating in
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1 building homes with other women. She then referred to the garbage
2 truck and garbage system. She said that one of the things the
3 Budget Committee reviewed last year was the new garbage
4 collection system and that they were told that the new system
5 would save the City $140,000. Another thing that she said that
6 was asked by the Budget Committee was whether it would be
7 feasible to do it with two trucks and Ms. McCann said that they
8 were told that it would be feasible. She then spoke in opposition
9 to the item on the Agenda relating to the purchase of a new truck
10 obligating next year's budget.
11
12 Mr. Dick Ward referred to the parking garage issue. He said
13 that the decision to include the parking garage loan as an
14 addendum to the financial report is a good decision. Then as a
15 reminder, he referred to the resolution passed in September, 2001
16 adopting a cash management policy that requires no less than 10
17 percent of the budget be maintained at all times by the City as
18 contingency reserves fund, and that is to be used solely for
19 catastrophes or other unscheduled emergencies.
20
21 Ms. Sharon McCain asked about Commissioner Wiscombe and
22 Mayor Russell explained that he was in City Hall earlier but had
23 to leave because he was feeling extremely uncomfortable due to
24 his injured foot and that is the reason that he could not stay
25 for the meeting. She then referred to the Manor Lane meters
26 saying that she had different information for the reason that
27 these meters were removed, and her understanding is that the
28 meters were removed because they were needed downtown. She also
29 referred to the proposed purchase of the garbage truck saying
30 that what was told to her and to other people who asked the
31 question was that in case one of the existing trucks broke down,
32 the City had made arrangements with another municipality. She
33 then urged the Commission not to approve this purchase. Ms.
34 McCain then inquired about the status of the occupational
35 licenses imposed to the hairdressers.
36
37 Mr. Walter Harris, president of the South Miami Homeowners'
38 Association (SMHOA), spoke against the purchase of the new
39 garbage truck. He then referred to the early closing of the
40 Farmers' Market saying that in his opinion this is not good
41 community relations. Mr. Harris also announced that on Saturday,
42 June 19th from 10:00 a.m. to 5:00 p.m., the City will be holding
43 its first annual citywide get together and said they need
44 volunteers. He said that anyone interested in helping should
45 contact Esther at St. John's A.M.E. or Walter Harris Photography.
46 He indicated that letters will be going out to the entire
47 community with information. He said that they are planning to
48 have music, auction, lots of food, and the biggest garage sale in
49 the history of South Miami. The number to get in touch with Mr.
50 Harris is 305 - 662 -4884.
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5
1
2 Mr. Rodney Williams said that the CRA office is under
3 staffed and that they desperately need help. He then referred to
4 the fees at the Multipurpose Center, and to the young adult
5 basketball league and he asked the City Attorney to clarify the
6 insurance issue relating to the later.
7
8 Michael Davis, a resident of Manor Lane, referred to the
9 potable water which the neighbors there do not have. He said that
10 the cost per household to hook up to the system would be $1,786
11 and said he would like to know what they can do to have this
12 done. Ms. Davis said for clarification that this is not an
13 isolated case, there are 200 plus other residents in the same
14 situation; however, Miami -Dade Water and Sewer is the one in
15 charge of the potable water. She said that they have approached
16 the County on several occasions about this but that they have a
17 budget situation, and that the response is that they would be
18 happy to do it if the residents pay for it. She indicated that
19 two years ago, due to the diligence of the Commission, the City
20 was awarded a grant for potable water in the amount of $1
21 million, and the only way that the City can afford to install
22 potable water is through grants. This year, Governor Bush
23 categorically said that he would veto any water requests. He is
24 focusing on storm water. He is not interested in potable water or
25 sanitary sewer. Ms. Davis said that the only solution at the
26 moment is for the residents to pay for their own potable water
27 installation, since neither the City nor the County is budgeted
28 for potable water. She said that they talked to Miami -Dade County
29 pertaining to the General Obligation Bond (GOB) that they are
30 proposing to add transmission lines in those areas where we do
31 not have potable water. The County has about $7 billion for
32 repairs, and that they did allocate a significant amount of
33 dollars for South Miami to increase the water lines in various
34 areas. Ms. Davis said that the only hope that she could offer at
35 this point is that the City is going to continue to lobby to
36 divert those dollars from increasing the size of the lines to
37 actually bring transmission lines into the areas for those
38 residents who have not received potable water yet. Mayor Russell
39 emphasized, together with Ms. Davis, that the City is working on
40 this and that they have not forgotten about it.
41
42 Commissioner Sherar suggested developing some type of
43 installment payment program for residents wanting to be hooked up
44 for potable water. Ms. Davis then indicated that on top of the
45 cost of WASD bringing the water to the property line, there is
46 also the cost of bringing the water line up to the house, and the
47 cost of the meter.
48
49 After there were no more speakers, the Public Remarks
50 section was closed.
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At this point Commissioner Sherar pulled Item #7 from the
Consent Agenda (now #12).
CONSENT
Resolution No. 73 -04 -11852
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING DAVID S. TRAUTMAN TO SERVE ON
THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB)
FOR A TWO YEAR TERM ENDING MAY 3, 2006; AND PROVIDING
AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 74 -04 -11853
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARK HEBERT, KRISTIN HEBERT,
MIKE ELDER AND RODNEY WILLIAMS TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
MAY 3, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 75 -04 -11854
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $34,848.00 TO MIAMI -DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT (DERM)
FOR BROAD CANAL SURVEY SERVICES TO BE CHARGED TO
FEDERAL 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. 76 -04 -11855
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF
TUESDAY, MAY 18, 2004 IN THE SOUTH MIAMI CITY
COMMISSION CHAMBER FOR A PUBLIC HEARING ON AMENDING
THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
PROVIDE REGULATIONS APPLICABLE TO ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING AN EFFECTIVE DATE. 3/5
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MINUTES - May 4, 2004
(City Manager)
7
1 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar,
2 the motion to approve the Consent Agenda passed by a 4 -0 vote.
3
4 Commissioner Wiscombe: Absent
5 Commissioner Sherar: Yea
6 Vice Mayor Palmer: Yea
7 Commissioner Birts- Cooper: Yea
8 Mayor Russell: Yea
9
10
11
12 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
13
14 Ordinance No. 04 -04 -1811
15 S. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE
17 ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB),
18 AMENDING SECTION 20-6.1(C) (1) (a) OF THE SOUTH MIAMI
19 LAND DEVELOPMENT CODE, TO MODIFY THE RESIDENCY
20 REQUIREMENTS FOR THE LANDSCAPE ARCHITECT MEMBER OF THE
21 ERPB; PROVIDING FOR SEVERABILITY; PROVIDING FOR
22 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DAY.
23 3/5
24 (City Manager)
25
26 Moved by Mayor Russell, seconded by Commissioner Sherar to
27 approve this item.
28
29 Mr. O'Donniley explained the importance of this ordinance,
30 which is to eliminate the residency requirement for the landscape
31 architect position on the ERPB. The input of a landscape
32 architect is a very important component of this board since its
33 primary function is to deal with the exterior aesthetics of new
34 construction.
35
36 At this point Mayor Russell opened for public hearing.
37
38 Mr. David Tucker Sr. just reiterated his support for this
39 ordinance which he said to be very important.
40
41 With no further comments or discussion, the motion to
42 approve this item passed by a 4 -0 vote.
43
44 Commissioner Wiscombe: Absent
45 Commissioner Sherar: Yea
46 Vice Mayor Palmer: Yea
47 Commissioner Birts- Cooper: Yea
48 Mayor Russell: Yea
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RESOLUTION (S) /PUBLIC HEARING (S)
Resolution No. 77 -04 -11856
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 5.8(E) OF THE LAND DEVELOPMENT CODE TO
CONSIDER A SPECIAL USE REAPPLICATION TO ALLOW FOR THE
INSTALLATION OF A STEALTH ROOFTOP CELLULAR ANTENNA
TOWER ON PROPERTY LOCATED AT 6781 SUNSET DRIVE WITHIN
THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE. 4/5
(City Manager)
Moved by Mayor Russell, seconded by Vice Mayor Palmer and
Commissioner Sherar to approve this item.
Ms. Boutsis explained that the City has been in litigation
on this matter and for this item to come back before this
Commission it requires to have a 4/5 vote on the re- application
before we hear the application.
With no 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
Ms. Boutsis at this point explained to the Commission that
as in all quasi - judicial proceedings, it is important to disclose
any communication with anyone from the public or the applicant,
emails, phone calls, interviews, on the following application
itself. The disclosure right now, as to these communications,
dispels any confusion as to whether there was any improper
influence from any communications and whether they will be able
to make an independent determination as to this application
tonight.
Mayor Russell said that after the first rejection she was
called by the Church and she spoke with the Pastor and his wife.
She also spoke with Barbara Acker, who called the Mayor. She
exchanged messages with a woman who lives behind the Church, and
she received a letter on this issue which is on file. Ms. Boutsis
clarified that the letter in reference is dated April 10th and is
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G
I from Mr. Larson. Mayor Russell said that she would be happy to
2 sign an affidavit and provide the rest of the information she has
3 on file in her office. Mayor Russell also disclosed that she is a
4 Verizon Wireless customer.
5
6 Commissioner Birts- Cooper said that she had spoken with
7 Reverend Zimmerman on one occasion.
8
9 Commissioner Sherar said that he got a voicemail message
10 from the Reverend and from somebody else and they never returned
11 his call. He also disclosed that he is a Verizon Wireless
12 customer.
13
14 Vice Mayor Palmer said that she received three calls, one
15 from the Church's office, she returned the call twice but they
16 did not meet. The other two calls were from residents voicing
17 their feelings.
18
19 Ms. Boutsis then asked to those who had been contacted on
20 this issue, whether they would be able to make an independent
21 determination on the application before them and they all said
22 that they would.
23
24 Ms. Boutsis then gave the Commission a synopsis of the
25 quasi - judicial hearing proceedings, as well as a brief background
26 of the application.
27
28 Resolution No. 78 -04 -11857
29 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
31 SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A
32 SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP
33 CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET
34 DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE
35 DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 4/5
36 (City Manager)
37
38 Moved by Mayor Russell, seconded by Commissioner Sherar to
39 approve this item.
40
41 Mr. O'Donniley briefly talked about the background
42 information of the application. The applicants, First Baptist
43 Church of South Miami and Verizon Wireless were last before the
44 City Commission on December 16, 2003. At that time the Commission
45 denied the special use application to place the stealth cellular
46 antenna on the Church's property. Consequently, Verizon Wireless
47 filed a legal action challenging the City's denial of the
48 application. The Court has directed the two parties to work out
49 an agreement, which has resulted in this presentation for
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1 reconsideration. One of the factors for reconsideration is the
2 height of the proposed stealth antenna and the other is the
3 color. The height has now been reduced to 92 feet which is lower
4 than the existing religious symbol on the building, and the color
5 will be matched to the building. According to the criteria of the
6 Land Development Code (LDC) for a telecommunication tower it
7 should be a stealth facility, and the ERPB has found that this is
8 a stealth facility and that it is appropriately designed to blend
9 into the existing surroundings.
10
11 Mr. Gerald Knight, the attorney representing Verizon
12 Wireless, addressed the Commission explaining the original
13 application process. Later, Mr. Jason Laskey, the agent for
14 Verizon gave a brief overview of the process that Verizon went
15 through in order to identify the need for this particular antenna
16 and also for finding this location.
17
18 After the presentation from the applicant (Verizon), Mayor
19 Russell opened for public hearing.
20
21 Name Address For Opposed
22
23
24 Mirla Cerpedes 5720 SW 69 Terrace X
25 Barbara Acker 7222 SW 58 Court X
26 Leonard Kalish 6700 SW 69 Terrace X
27 Robert Larson 6831 SW 69 Terrace X
28 Elaine Mills 7133 SW 66 Avenue X
29 Paul Eisenhart 7029 SW 68 Court X
30 Anita Jenkins 7045 SW 67 Avenue No Objection
31 Cathy McCann 5820 SW 87 Street X
32 Dona Zimmerman 7050 SW 67 Avenue X
33
34 At this point the public remarks were closed.
35
36 Mr. Knight then addressed the Commission with his rebuttal
37 to the speakers' statements, basically stating that the applicant
38 has complied with code in every aspect. Also, he indicated that
39 the antennas are not visible since they are inside the cross;
40 however, the applicant has modified the design addressing some of
41 the concerns that were expressed at their previous appearance
42 before the Commission. The applicant also obtained the approval
43 of the ERPB.
44
45 Ms. Davis responded to Mayor Russell's question concerning
46 any other applicable taxes in addition to the franchise fees. Ms.
47 Davis indicated that the added structure becomes taxable because
48 it is a revenue generating facility. Ms. Davis then, answering
49 another concern of the Mayor, said that as far as she understands
50 it, the request for the installation of the antenna at Palmer
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1 Park was rejected because it would interfere with park use.
2 Mayor Russell then said that it has also been clarified that the
3 City is indemnified by Verizon's liability coverage.
4
5 Mayor Russell recommended attaching the four -page memorandum
6 to the resolution in order to have additional information, as
7 well as the history of the application.
8
9 Ms. Boutsis also recommended attaching the approval of the
10 ERPB. Also, to incorporate for reference, the whereas clauses in
11 section 1, pertaining to all findings and facts.
12
13 Moved by Mayor Russell, seconded by Vice Mayor Palmer
14 to amend the resolution as follows: To incorporate by reference
15 in Section 1 of the resolution, the whereas clauses as part of
16 findings, and to attach the memorandum to the resolution dated
17 May 4, 2004 as Exhibit 1.
18
19 With no further comments or discussion, the motion to
20 approve this amendment passed by a 4 -0 vote.
21
22 Commissioner Wiscombe: Absent
23 Commissioner Sherar: Yea
24 Vice Mayor Palmer: Yea
25 Commissioner Birts- Cooper: Yea
26 Mayor Russell: Yea
27
28 Moved by Commissioner Sherar, seconded by Mayor Russell to
29 further amend the resolution as follows: the applicant must agree
30 that the structure and any equipment appurtenant to the structure
31 and land used for the structure and for the equipment will be
32 subject to real and personal property ad valorem taxes.
33
34 With no further comments or discussion, the motion to
35 approve this amendment passed by a 4 -0 vote.
36
37 Commissioner Wiscombe: Absent
38 Commissioner Sherar: Yea
39 Vice Mayor Palmer: Yea
40 Commissioner Birts- Cooper: Yea
41 Mayor Russell: Yea
42
43 The Commission proceeded to have comments on this item.
44
45 Commissioner Sherar said that there should had been more
46 analysis done at the time that the applicant submitted a request
47 to install a stealth antenna at Palmer Park. He said that the
48 resistance probably would have been the same as it is with this
49 location, since there will also be resistance from the people in
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I the surrounding area. He said that his decision will not be based
2 on the pending lawsuit but rather on his own analysis of what is
3 best and fair. He said that the reality is that the majority of
4 people have cell phones and that the cellular antennas are
5 necessary. Commissioner Sherar also indicated that it would not
6 be fair to tell the Church that they cannot have the cell tower
7 after they have gone through all the negotiations.
8
9 Vice Mayor Palmer said that the most important thing for her
10 is that the Church and the residents could live in peace since
11 they need one another to survive. She said that technology is
12 moving fast and there is not much we can do about it. She said
13 that whatever decision is taken tonight, she hopes that the
14 Church and the residents will be able to reconcile.
15
16 Commissioner Birts- Cooper directed her thoughts to the
17 residents and said that she could see how they feel; however, she
18 concurs with Commissioner Sherar that it does not really matter
19 where the antenna is installed, there will always be resistance
20 nevertheless. She said that had it been installed at Palmer Park
21 it would have been at the cost of loosing green space. On the
22 other hand, on top of a church we all have to look up to see it,
23 otherwise we would never remember it is there. This will benefit
24 the entire area, and besides, in the future we will probably have
25 no say as to where they want to install the cellular antennas.
26 She said that it is important that the Church and the residents
27 reconcile so that we may all move on.
28
29 Mayor Russell then took a moment to talk about a comment
30 made about our volunteers, such as those who serve on the
31 Environmental, Review and Preservation Board (ERPB) and the ones
32 who serve on the Planning Board who reviewed this application
33 last November. The ERPB has looked at the application most
34 recently, and if the applicant had been improperly advised by
35 staff as to what procedure to go through, the aesthetic concern
36 would have been addressed right away. She then referred to the
37 letter she received from Mr. Larson which was particularly
38 touching to her. As a sponsor of the human rights resolution, the
39 first city in the county to support the human rights amendment,
40 his letter hit her in her heart, the Mayor indicated. She said
41 that she understands how he feels about being excluded from the
42 Church, and although she is sympathetic to his feeling, that is
43 not a good reason for a Mayor when she needs to make a decision
44 based on factual evidence. Mayor Russell said that she
45 understands that the anger that the residents feel is based on a
46 bad relationship with the Church, but that is something that the
47 Church will have to reach out and make peace with the neighbors
48 on its own.
49
REGULAR CITY COMMISSION 13
MINUTES - May 4, 2004
1 With no further comments or discussion, the motion to
2 approve this item as amended passed by a 4 -0 vote.
3
4 Commissioner Wiscombe: Absent
5 Commissioner Sherar: Yea
6 Vice Mayor Palmer: Yea
7 Commissioner Birts- Cooper: Yea
8 Mayor Russell: Yea
9
10 RESOLUTION (S)
11
12 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
13 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
14 MANAGER TO FUND IN ADVANCE THE FIRST YEAR'S INSTALLMENT
15 NOT TO EXCEED $34,185.07 FOR THE PURCHASE OF ONE
16 AUTOMATED SIDELOADING GARBAGE TRUCK TO BE PURCHASED
17 FROM GENERAL GMC TRUCK SALES AND SERVICES, INC., IN AN
18 AMOUNT OF $155,383 TO BE CHARGED TO 2004 -05 PUBLIC
19 WORKS DEPARTMENT LEASE PURCHASE - TRUCKS ACCOUNT NUMBER
20 001- 1720 - 534 -4455; PROVIDING FOR AN EFFECTIVE DATE. 4/5
21
22 (City Manager)
23
24 Moved by Mayor Russell, seconded by Commissioner Sherar, to
25 approve this item.
26
27 Ms. Davis began to address the Commission on this item by
28 saying that she was a little disappointed that Ms. McCann did not
29 address the full issue with the garbage cans. She was discussing
30 the expenditures for one year, and it is a one year expenditure.
31 What she failed to mention, Ms. Davis added, is that your savings
32 are recurring; it does not happen on the first year as much as it
33 does on the following years. I want the community and this
34 Commission to know that the new system and the garbage cans, the
35 one -time expense is for the first year, but the new system has a
36 significant recurring savings for future years. As far as my
37 requesting the Commission to allow me to utilize forward funding
38 procedure, that is a very common procedure that is done within
39 municipalities. Back during the budget process, when we were
40 looking for ways to save money, one of the ways to save money was
41 to eliminate four positions and go to the automated system. I
42 actually put the minutes of the budget workshop in the packet
43 because there were allegations at the last Commission meeting
44 that I said we did not need three trucks to do the job. That is
45 just categorically not true. I represented from day one that the
46 program requires three vehicles, but because we were in such
47 financial difficulty last year during the budget process, I said
48 we can try to squeak by for a year, and buy the third truck next
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fiscal year, 04 -05. The issue is, we have two vehicles on the
road full time. If one of them breaks down, we are going to have
to run to another city and borrow one, until we can purchase a
new one next year. If we wait until October 1 for me to cut a
requisition for a 2005 vehicle, it takes six months to
manufacture that vehicle. We have an opportunity right now to
purchase a 2004 vehicles for $10,000 less than what we would be
spending if we wait until October 1, and have it in sixty days
because the 2004 truck is already manufactured, and all they have
to do is assemble the compactor on to the vehicle. Therefore, we
get that vehicle in sixty days if you authorize me to purchase it
tonight. If you say no to me tonight, then we would have to wait
until October 1. That 2004 vehicle will no longer be available,
we will have to go for a 2005. They have to manufacture it and we
are going to be without it for another six months. There is no
question that a vehicle is needed, it is just a matter of timing
and when we buy it. I talked to the Finance Director, this is not
going to hurt the budget this year. Commissioner Sherar and I had
many long conversations regarding this issue. We talked about if
one vehicle goes down why can't the other vehicle cover. It takes
them just about a full day to get through around, and the dump
closes at 6:00 p.m. It is not impossible, but it will mean a lot
of overtime and it is not practical. The bottom line is that we
can save $10,000 by authorizing me for the lease payment for
getting it now and get the vehicle in sixty days, or, to wait
until October 1, paying $10,000 more and having the aggravation
of another six months of dealing without a backup vehicle. And I
really need to reiterate, the only reason why I did not recommend
a third vehicle, absolutely categorically, was because we were so
strapped financially.
Mayor Russell then said that by paying $34,000 out of next
year's budget it means that we would be making two payments of
$34,000 at the end of next year, a total of $70,000; therefore,
it would make sense to purchase the truck now and save $10,000.
Mr. Oshikoya then explained that it depends on how we structure
payments with the bank, either by paying in advance or by paying
in arrears. If we are able to pay in arrears, then only $34,000
will impact next year's budget. However, the Mayor indicated that
paying in arrears would mean an additional interest charge.
Commissioner Birts- Cooper said that we need to be very
careful when deferring costs for next year since it may catch up
with us later.
Mayor Russell then asked and Ms. Davis answered that
basically the only expense that we may anticipate for next year's
budget would be police vehicles.
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Moved by Mayor Russell, seconded by Vice Mayor Palmer, the
motion to extend the meeting beyond 11:00 p.m. passed by a 4 -0
vote.
Commissioner Wiscombe: Absent
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts - Cooper: Yea
Mayor Russell: Yea
Commissioner Sherar said that he did not believe that this
is an emergency, and that he has a problem with spending $155,000
for a spare. He suggested that maybe we should consider buying a
used truck. Ms. Davis said that when it comes to heavy equipment,
municipalities do not get rid of trucks that are in decent shape,
that is not the way I operate, she added. Commissioner Sherar
said that he agrees with her up to 75 percent because he is
talking about a spare. He then said that he would rather pay
$5,000 to the City of Miami to use their trucks as spare.
Ms. Davis: What I do want to put on the record is, this is
health, safety and welfare, this is not bulk trash, this is
garbage, number one. Secondly, we are in line with overtime right
now, I can't promise that when it takes another six months after
October 1 to get a vehicle. I just don't want you to forget that,
because it will jump the overtime up big time when we do have to
take it down for maintenance. In an ideal world, when we are not
operating on Wednesdays, that is when you take it down to
maintain it, both vehicles. In an ideal world we can have an
agreement with another municipality which means we have to drive
half an hour to an hour, pick up the vehicle and another hour to
drive it back, you are loosing efficiency. And, unfortunately, I
don't want to beat this thing to death, I understand your
position; I just want you to understand my position. I ran the
system before, I understand it intimately. We are not talking
trash, we are talking garbage, and that's my concern, because you
all are the ones who are going to get calls when the garbage
doesn't get picked up, if we have a vehicle accident, which
happens, when you are on the road all day long, and one truck
goes down and it takes a week to get a fender on it or a bumper,
what are you going to do? I took my chances to bail us out of the
mess that we were in and I'm regretting it now. I'm regretting
that I didn't demand the third truck and come up, somehow, with
the extra $34,000 to get it because it is not worth, frankly,
operationally what we are going to go through and I have a little
bit of a concern about the health issue. I do understand your
position.
REGULAR CITY COMMISSION
MINUTES - May 4, 2004
16
1 Commissioner Sherar said that he does understand the
2 importance of picking up garbage.
3
4 Ms. Davis: I just wanted to give you the option, I'm making
5 a recommendation to you, it's obviously your prerogative not to
6 accept it but I also want to be on the record as far as the
7 ramifications of your decision.
8
9 Vice Mayor Palmer said that timing is very important with
10 everything that they do. She said that she understands the City
11 Manager's position but still she did not think it would be a good
12 idea to go ahead with this purchase now. She recommended to the
13 City Manager to put this on the budget for next year.
14
15 Commissioner Birts- Cooper said that she appreciates that the
16 City Manager is trying to save money to the City and timing is
17 everything, and this purchase is going to save us some money in
18 the long run. Besides, what are we going to do if we are left
19 with one truck and have to go to a one -week pick up. She then
20 recommended that in the future we should put it in the budget
21 regardless of whether we will need it or not. She then said that
22 the residents are still not clear about the budget and that she
23 feels that the budget is not balanced, and that the fear is out
24 there.
25
26 Ms. Davis: It is disappointing to hear that, because the
27 budget is balanced, actually, it is against the law for it not to
28 be balanced. You have a CPA seating here that has put his license
29 on the line, and I have put my job on the line and we are telling
30 you that the budget is balanced.
31
32 Mayor Russell said that after what happened last year, the
33 perception and the concerns are certainly understandable.
34
35 Vice Mayor Palmer asked for clarification on the $70,000
36 amount that was mentioned earlier regarding the purchase of the
37 truck, and Mr. Oshikoya clarified the issue and said that every
38 year there would be an advance payment for the following year's
39 budget. Mayor Russell said to disagree, and that it would be just
40 as Commissioner Birts- Cooper said, that from this point forward,
41 if it passes tonight, it is going to be a budgeted expense every
42 year, we are not going to make this an advance expense,
43 unbudgeted every year, we are going to budget for it and not be
44 in this situation again.
45
46 Ms. Davis: My philosophy, as far as budget goes, I don't do
47 what I did this passed year. The City was strapped. We had to let
48 go 21 positions, I had to look people in the eye and tell them
49 they didn't have a job. I had four weeks, frankly, to prepare a
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$13 million budget of which I was not familiar, so I did the best
that I could. You are right, when I need something you got to
believe I'm going to ask for it and get it on records. I couldn't
balance the budget had I asked for that third truck, it was
either balancing the budget or laying off another person which we
couldn't afford without interrupting service. And the restructure
that I did, we did it without interrupting service. The residents
aren't feeling the lack of service. We cut all of that out
without interrupting service. I didn't know that I was going to
be bringing in the revenue that I brought in with the
occupational licenses.
Mayor Russell then read Ms. Davis's statement relating to
the garbage trucks, from the verbatim minutes excerpt from the
03 -04 budget workshop.
Ms. Davis in closing said that there is a lot of preventive
maintenance that needs to be done with heavy equipment and you
cannot always get it done on a Wednesday. Sometimes two trucks go
down at once, it happens.
With no further comments or discussion, the motion to
approve this item failed by a 2 -2 vote.
Commissioner Wiscombe: Absent
Commissioner Sherar: Nay
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
Resolution No. 79 -04 -11858
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH H & R
PAVING, INC. FOR ROADWAY RESURFACING SERVICES TO BE
FUNDED THROUGH THE PEOPLE'S TRANSPORTATION PLAN (PTP)
AND THE LOCAL OPTION GAS-TAX TRUST FUND ACCOUNT NUMBERS
124 - 1730 - 541 -3450, 001 - 1730 - 541 -3450 AND 001- 1730 -541-
6210 IN AN AMOUNT OF $30,000; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Sherar to
approve this item.
Commissioner Sherar, who pulled this item from the Consent
Agenda, made some suggestions. He said that just because this is
a County contractor it does not mean that it is the lowest. We
REGULAR CITY COMMISSION
MINUTES - May 4, 2004
i
1 should get our own paving contractor as quickly as possible, he
2 said. Ms. Davis said that she is very familiar with this
3 contractor. She said that she used them extensively in Miami
4 Springs and was very happy with their superb work.
5
6 Mayor Russell said that in the future we could go through
7 the bidding process with a clause in the RFP stating that we
8 reserve the right to reject all of the bids, and go with the
9 County contract, and make that part of the process to go forward.
10
11 With no further comments or discussion, the motion to
12 approve this item passed by a 4 -0 vote.
13
14 Commissioner Wiscombe: Absent
15 Commissioner Sherar: Yea
16 Vice Mayor Palmer: Yea
17 Commissioner Birts- Cooper: Yea
18 Mayor Russell: Yea
19
20
21 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
22
23
24 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO
26 AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
27 REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
28 SCHEDULE" IN ORDER TO ALLOW A NAIL AND SKIN CARE USE AS
29 A PERMITTED USE IN THE "SR (HD -OV)", SPECIALTY RETAIL
30 (HOMETOWN OVERLAY) ZONING USE DISTRICT; PROVIDING FOR
31 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
32 PROVIDING AN EFFECTIVE DATE. 3/5
33 (City Manager)
34
35 Moved by Mayor Russell, seconded by Commissioner Sherar to
36 approve this item.
37
38 Mr. O'Donniley explained that this is a request to amend the
39 Land Development Code's Permitted Use Schedule to allow nail and
40 skin care use as an accessory use, along with beauty or barber
41 shop. This follows a recommendation that was made by the Zoning
42 Task Force. The Zoning Task Force, in its January, 2003 final
43 report recommended combining all of these uses into one category
44 under beauty and barber shops.
45
46 Commissioner Sherar said that for second reading, he would
47 like to know what the taxes are for the Shops at Sunset and they
48 need to pay the part that they admit that they owe. He then
REGULAR CITY COMMISSION
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19
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indicated that the Shops at Sunset got incentives for
being in
2
the CRA area and he would like to clarify whether
they have
3
complied with all the things they were supposed to do
when they
4
got their special taxing privileges. Mr. O'Donni.ley
said that
5
staff is looking into those issues.
6
7
Without any further comments or discussion, the
motion to
8
approve this item passed by a 4 -0 vote.
9
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Commissioner Wiscombe: Absent
11
Commissioner Sherar: Yea
12
Vice Mayor Palmer: Yea
13
Commissioner Birts- Cooper: Yea
14
Mayor Russell: Yea
15
16
17
18 COMMISSION REMARKS
19
20
21 Commissioner Sherar said that he does not like the `lights.'
22 He said that democracy is noisy but democracy does not have to be
23 rude. About the Multipurpose Center he said that there are people
24 in the community that have a problem, but the last place where
25 they should be going for assistance is government. He then quoted
26 President Kennedy, "Is not what your country can do for you, but
27 what you can do for your country." It is always better if the
28 community comes up with solutions as opposed to using the
29 government. He said all of this in response to earlier remarks by
30 Mr. Williams. Commissioner Sherar said that if he said something
31 else he would appreciate it if Mr. Williams would contact him to
32 let him know. He then gave out his phone number.
33
34 Commissioner Birts- Cooper said goodnight.
35
36 Vice Mayor Palmer said that this had been a difficult night
37 for her since she had to make a decision involving the Church,
38 the residents, and also the money. She then thanked everyone for
39 coming and said good night.
40
41 Mayor Russell said that she hopes that the Church will reach
42 out to its surrounding neighbors and be better neighbors too. She
43 then invited everyone to the Royal Poinciana Fiesta June 5th and
44 6th, 2004 from 10 -6:00 p.m. She also indicated that she hates to
45 say it before we receive it, but that she just got a phone call
46 from our lobbyist, and wanted to share it with everyone that we
47 were successful on our efforts this year. We got $900,000 for
48 storm water and $75,000 for our transportation, which is the bus
49 for the children, so we are coming home this year with $975,000
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which is exciting, the Mayor added.
Vice Mayor Palmer said that she was told by one of the
residents that this month of May is designated as Senior Citizens
Month and that there are a lot of things going on this month.
Mayor Russell said that this Friday the Senior Center will
be holding their Mother's Day luncheon and invited everyone to
come over. She then gave a quick update on the bus benches,
thanking the City Manager and her Assistant, Charles Blazek for
all their help with this. We are down to eight locations with
more than one bus bench. Five of them will be removed in May when
the advertising contract expires; eight more in July and
September, and that will bring us to one bus bench per stop
throughout the City of South Miami instead of the 2 -3 that we are
now accustomed to seeing.
There being no further business to come before this Body,
the meeting adjourned at 11:35 P.M.
Approved
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - May 4, 2004
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Mary Scott Russell
Mayor