06-01-04CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: June 1, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: June 8, 2004 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 1000 -1712 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay ai
annual fee of $125.00. This applies to all persons who are retained (whther
paid or not) to represent a business entity or organization to influence "City'
action. "City" action is broadly described to include the ranking and
selection of professional consultants, and virtually aNtegislative, quasi -
judicial and administrative action. It does not apply to notfor- profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1) Recognizing Sponsors for the National Public Works Week
REGULAR CITY COMMISSION 1
AGENDA - June 1, 2004
South Miami
R*
/
All- America City
2001
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: June 1, 2004 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: June 8, 2004 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 1000 -1712 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay ai
annual fee of $125.00. This applies to all persons who are retained (whther
paid or not) to represent a business entity or organization to influence "City'
action. "City" action is broadly described to include the ranking and
selection of professional consultants, and virtually aNtegislative, quasi -
judicial and administrative action. It does not apply to notfor- profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1) Recognizing Sponsors for the National Public Works Week
REGULAR CITY COMMISSION 1
AGENDA - June 1, 2004
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of May 18, 2004
2. City Manager's Report:
a) Potable water negotiation with Miami -Dade Water and
Sewer Department (WASD);
b) Valencia Apartments and The Shops at Sunset Place:
Status on tax assessment;
c) Parking Enforcement Vehicles;
d) Attorneys for the former City Manager's pension matter.
3. City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $8,676.78 TO MEARS MOTOR
LEASING FOR THE PURCHASE OF ONE 2000 FORD EXPLORER
POLICE K -9 VEHICLE, DISBURSEMENT OF THE FUNDS FROM
ACCOUNT NUMBER 1910- 521 -4450 (PURCHASE /LEASE- POLICE
VEHICLES); AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF
$8,676.78 TO MEARS MOTOR LEASING FOR THE PURCHASE OF ONE 2000 FORD
EXPLORER POLICE K -9 VEHICLE; FROM THE "PURCHASE /LEASE - POLICE
VEHICLES" ACCT; WIBAL $15,313)
(City Manager)
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $5,607.00 TO LEADEX CORPORATION FOR THE
INSTALLATION OF A SWING SET AT MURRAY PARK TO BE
CHARGED TO NON - DEPARTMENTAL GENERAL CONTINGENCY ACCOUNT
NUMBER 001.2100.519.9920; PROVIDING AN EFFECTIVE DATE.
3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $5,607 TO
LEADEX CORP FOR THE INSTALLATION OF A SWING SET AT MURRAY PK TO BE
CHARGED TO NON -DEPT GENERAL CONTINGENCY ACCOUNT; W113AL:$45,961)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER
REGULAR CITY COMMISSION 2
AGENDA - June 1, 2004
DISPLAYS UNLIMITED, INC., FOR THE ANNUAL JULY 4TH
FIREWORKS DISPLAY FOR A TOTAL PRICE OF $8,000.00, FOR
DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219 -7500, 4TH
OF JULY DONATION ACCOUNT, IN AN AMOUNT OF NOT LESS THAN
$2,000.00, AND NON - DEPARTMENTAL CONTINGENCY ACCOUNT
NUMBER 001.2100.519.9920 IN AN AMOUNT NOT TO EXCEED
$6,000.00; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH FIREPOWER DISPLAYS UNLIMITED FOR THE ANNUAL JULY 41,H
FIREWORKS FOR A TOTAL OF $8,000. DISBURSEMENT IN THE AMT OF NOT
LESS THAN $2,000 FROM THE 4- OF JULY DONATION ACCT; AND FOR AN
AMT NOT TO EXCEED $6,000 FROM THE NON- DEPARTMENTAL CONTINGENCY
ACCT; WIBAL :$45,961)
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $8,277.77; CHARGING
$210.25 TO ACCOUNT NO. 1500-514-3435, REAL
PROPERTY /FORECLOSURE; CHARGING $6,713.15 TO ACCOUNT NO.
1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING
$1,146.50 TO ACCOUNT NO. 1500 - 514 -3452, CODE
ENFORCEMENT; AND CHARGING $207.87, TO ACCOUNT NO. 608-
1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURE;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO
IN THE AMT OF $8,277.77; CHARGING THE FOLLOWING ACCTS: REAL
PROPERTY /FORECLOSURE WIBAL:$15,005; LEGAL SVCS, NON - RETAINER
WIBAL :$38,478; CODE ENFORCEMENT WIBAL:$17,380; & PROFESSIONAL
SVCS, FORFEITURE; WIBAL: $4, 800)
(City Attorney)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY TEAM
FOOTWORKS FOR A TWILIGHT .5 K RUN /WALK RACE TO BE HELD
ON SATURDAY, JUNE 12, 2004, LOCATED ALONG SW 58 AVENUE
& CLOSING THE STREETS BETWEEN 'SW 74 & SW 73 STREET,
FOLLOWED BY AN EVENING JAPANESE FESTIVAL LOCATED ON THE
FLAG -LOT OF FIRST NATIONAL BANK OF SOUTH MIAMI;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL
EVENT PROVIDED BY TEAM FOOTWORKS FOR A TWILIGHT 5 -K RUN /WALK RACE
TO BE HELD SAT., JUNE 12TH ALONG SW 58 AVE; CLOSING THE STREETS
BETWEEN SW 74TH & SW 73RD; FOLLOWED BY A JAPANESE FESTIVAL AT THE
FLAG -LOT OF 1ST NAT'L BANK)
(City Manager)
REGULAR CITY COMMISSION 3
AGENDA - June 1, 2004
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL
SERVICES; DIRECTING ADMINISTRATION TO INITIATE A
REQUEST FOR PROPOSALS FOR LEGAL SERVICES FOR THE CITY
OF SOUTH MIAMI; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION DIRECTING ADMINISTRATION TO INITIATE A REQUEST FOR
PROPOSALS FOR LEGAL SERVICES FOR THE CITY OF SOUTH MIAMI)
(Commissioner Sherar)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(None)
RESOLUTION (S) /PUBLIC HEARING (S)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -5.8 OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO PERMIT A WAREHOUSE TO BE USED
AS A STORAGE FACILTY BY A SOCIAL SERVICE AGENCY
(FELLOWSHIP HOUSE) ON PROPERTY LOCATED AT 5788 COMMERCE
LANE, WITHIN THE "TODD (LI -4)" TRANSIT ORIENTED
DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE
DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO A REQUEST FOR A SPECIAL USE
APPROVAL TO PERMIT A WAREHOUSE TO BE USED AS A STORAGE
FACILITY BY THE FELLOWSHIP HOUSE AT 5788 COMMERCE LANE
WITHIN THE TODD DISTRICT)
(City Manager)
RESOLUTION (S)
(None)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY AMENDING SECTION
20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE
DEFINITIONS PERTAINING TO ADULT ENTERTAINMENT; AMENDING
SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN
ORDER TO ALLOW ADULT ENTERTAINMENT ESTABLISHMENTS TO BE
LOCATED IN CERTAIN NON- RESIDENTIAL ZONING USE
DISTRICTS; AND CREATING NEW SECTION 20 -3.9 TO BE
ENTITLED "REGULATIONS APPLICABLE TO ADULT ENTERTAINMENT
ESTABLISHMENTS;" PROVIDING FOR SEVERABILITY, ORDINANCES
REGULAR CITY COMMISSION 4
AGENDA- June 1, 2004
IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) FIRST READING
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO.
15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING
SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET
AND FINANCE COMMITTEE; AMENDING MEMBERSHIP
REQUIREMENTS; AMEENDING DUTIES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Russell)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF
ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS
AND MAYOR - ESTABLISHED" TO ALLOW FOR AN INCREASE IN
COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Commissioner Sherar)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING
BOARD, AMENDING SECTION 20- 6.1(B)(2) OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE, IN ORDER TO ALLOW SPECIAL
MEETINGS OF THE BOARD TO BE CALLED WHEN CIRCUMSTANCES
PREVENT A REGULARLY SCHEDULED MEETING FROM BEING HELD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2. 1 (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION. "
REGULAR CITY COMMISSION Jr
AGENDA - June 1, 2004
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION
AGENDA - June 1, 2004
1 City of South Miami
2 Regular City Commission Minutes
3 May 18, 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 18, 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 Velma Palmer, and,
14 Commissioners Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Manager Maria V. Davis, City
18 Attorney Eve Boutsis and City Clerk Maria M. Menendez.
19
20 B. Pledge of Allegiance:
21 The Pledge of Allegiance was recited in unison.
22
23 C. Presentation(s) 7:00 p.m.
24
25 1) Presentation of the 2004 -05 Legislative Session by the
26 City of South Miami Lobbyist, Fausto Gomez
27
28 Mr. Gomez addressed the Commission reporting on
29 accomplishments during the 2004 Legislative Session. He said that
30 it was a very successful year for the City, obtaining $725,000 in
31 support for storm water projects, which was the first priority
32 enunciated by this Commission at its December 16, 2003 meeting.
33 We also secured $75,000 grant for the youth transportation
34 initiative. He indicated that he will continue to work towards a
35 grant from the State for the City for potable water. He then
36 mentioned the forth priority as park funding, explaining that
37 since we have an opened grant through the FRDAP program we were
38 not eligible to apply for that grant. He then said to be thankful
39 to Senators Diaz de la Portilla and Fuller, and to
40 Representatives Robaina and Rubio. Also thanked the Commissioners
41 who went to Tallahassee to contribute with their efforts to all
42 of these accomplishments. Mr. Gomez then went over the
43 Legislative Agenda briefly, saying that he had prepared a
44 memorandum with attachments for their review.
45
46 Ms. Davis asked and Mr. Gomez responded that the water
47 distribution money will be in the form of a grant.
REGULAR CITY COMMISSION 1
MINUTES - May 18, 2004
1 Mr. Gomez then emphasized that the only money that might be
2 in danger would be the $75,000 for the youth transportation van
3 and suggested for this Commission to pass a resolution,
4 communicate with the Governor, or send letters advising him of
5 the importance of those dollars. Mayor Russell then directed
6 staff to write a letter for the Commission to sign and also to
7 draft a resolution for the next meeting.
8
9 2) Recognizing the following employees returning from
10 military service:
11 Sgt. Hector Rabi, SPC Luis Kruger and Master Sgt.
12 Michael Kiely
13
14 Mayor Russell said that since serving our Country is done on
15 a volunteer basis, these are employees who have volunteered to
16 put their life on the line for our country, and we are lucky to
17 have them back here. Only a small percentage of our employee
18 population was willing to go to foreign soil to defend the
19 principles of democracy which we hold so dear, she added. She
20 then presented them with plaques as a small tribute for their
21 service.
22
23 3) Presentation by the Police Department `Officers of the
24 Month' for April: Detectives Michael Stroface and
25 Richard Mun6z
26
27 Assistant Police Chief Mills addressed the Commission
28 speaking highly of Officers Stroface and Munoz on `Operation
29 Spring Cleaning' which they organized and was very successful.
30 The operation was relating to the elimination in our City of
31 street narcotics sales.
32
33
34 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
35
36 1. Minutes of May 4, 2004
37
38 Moved by Mayor Russell seconded by Commissioner Birts-
39 Cooper, the motion to approve the minutes passed by a 4 -0 vote.
40
41 Commissioner Wiscombe: Abstained
42 Commissioner Sherar: Yea
43 Vice Mayor Palmer: Yea
44 Commissioner Birts- Cooper: Yea
45 Mayor Russell: Yea
46
47
48
REGULAR CITY COMMISSION 2
MINUTES - May 18, 2004
1 2. City Manager's Report:
2
3 a) Concerning the "Adult Basketball League"
4
5 Ms. Davis referred to a gentleman named Johntae Ellis who
6 addressed the Commission at its last meeting. Mr. Ellis had
7 stated that the staff at the Community Center had refused his
8 request to have a basketball league on the outdoor courts at
9 Murray Park due to insurance requirements. Mr. Ricke then
10 referred to the Memorandum submitted to the Commission with
11 information concerning the request by Mr. Ellis and the steps
12 that were taken. Basically, staff had asked Mr. Ellis to provide
13 some information concerning his request. One of the things which
14 staff discussed with Mr. Ellis is that we would require an
15 insurance certificate naming the City as an additional insured,
16 and that he would also need to provide a minimum of two off -duty
17 City of South Miami police officers for the games. Mr. Riche said
18 that when staff did not hear from Mr. Ellis again, they assumed
19 that he was no longer interested in conducting his league.
20
21 b) Status of downtown infrastructure improvements
22
23 Ms. Davis indicated that due to concerns presented to her
24 about the turning radii and street widths on the downtown street
25 construction, she had asked the Public Works Director to present
26 a report on the downtown infrastructure improvement.
27
28 Mr. Ramon Castella, an engineer with C3TS in charge of the
29 design and supervision of the construction of the SW 73rd Street
30 project, addressed the Commission in order to clarify some of the
31 concerns mentioned by Ms. Davis. He indicated that the design of
32 the intersections included in the downtown infrastructure
33 improvements is in accordance with the Street Standards contained
34 in the Hometown District Ordinance. These street standards
35 require that lanes be narrow (101) and corner radii be small
36 (15'). Because of these parameters, motorists perceive the
37 intersections to be constraining. He also indicated that their
38 field measurements indicate that the geometry of the
39 intersection, as constructed, meets the dimensional requirements
40 of the Hometown Ordinance.
41
42 The Commission, Mr. Castella and the Public Works Director
43 continued to discuss the problems of the tight corners trying to
44 find a solution while there is still time to make adjustments.
45 Mayor Russell said that it is important that the final project
46 will be something that we can all live with.
47
48 Commissioner Wiscombe then referred to the extremely tight
49 turn on Sunset by Starbucks, where the corner store had to take
50 down the awnings a couple of times because of the turning trucks.
REGULAR CITY COMMISSION 3
MINUTES - May 18, 2004
1
2 Mayor Russell reiterated that it is better to take another
3 hard look at the project and make any pertinent correction now
4 before the project is finished. She suggested that the
5 Commission, individually, should conducts a field site visit with
6 the City Manager and the Public Works Director. Phase II of the
7 project, which is the SW 74th Street portion, will start at the
8 end of Phase I and it will tentatively be finished by the end of
9 September. Mr. Balogun said that they have been looking for
10 funding to finish the project. He indicated that the last bit of
11 funding has been approved but that he would like to have the
12 contract in hand. Mayor Russell then said that even before we
13 commit to incur into the final expenditure we need to make sure
14 that will not be spending more money on this before it is over.
15 If we need to make a change order at the last minute we will need
16 to hold that project until we make a final decision on it, the
17 Mayor added.
18
19 Mr. Castella then clarified that there are about $25,000 in
20 the contingency that could be used to make any sort of
21 modification now. Ms. Davis asked whether there have been any
22 change orders. Mr. Balogun indicated that one of the things that
23 will be coming is the electrical box.
24
25 Commissioner Sherar asked as to how far we are from paving.
26 Mr. Castella said that this contract is supposed to be completed
27 in approximately 45 days.
28
29 c) Recurring cost savings of the new automated
30 garbage collection system.
31
32 Ms. Davis indicated that as the result of some questions as
33 to the cost savings of the new garbage collection system, she has
34 requested an analysis from the Finance Director. The annual
35 recurring savings is $146,378. What took six employees to do with
36 the old system is now taking two employees.
37
38 Mayor Russell then asked Ms. Davis to bring them up to date
39 concerning the tax assessment for the Shops at Sunset Place. Ms.
40 Davis said that they had called the tax assessor's office today
41 since a notice was received that the Shops are appealing their
42 assessment once again. Last year their assessment was at $110
43 million and they have requested that it be reduced to $60
44 million. The tax assessor said he had denied the request so far,
45 since his numbers show $95 million, therefore they are
46 negotiating at this point. Any reduction will of course impact
47 the City. Ms. Davis said that she asked the tax assessor as to
48 whether there is anything that we could do from the City's
49 perspective and the assessor said there is nothing we can do.
50 What they do is to analyze the value of the lessees, and they
REGULAR CITY COMMISSION 4
MINUTES - May 18, 2004
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have been having difficulty maintaining lessees, and have had to
lower their square foot price for their shops in order to
calculate it down.
With regard to the Valencia
Oshikoya indicated that according
not occupied as of January 4th of
will not go on our tax roll for
because they use the assessment
Mayor Russell asked staff to keep
issue.
Apartments tax assessment, Mr.
to the owners, the property was
this year which means that they
the 2004 -05 fiscal year budget
as of January 4th of each year.
the Commission informed on this
Commissioner Sherar said that he thought that the City of
Miami Beach had sued the contractors over a similar situation and
that they were entitled to levy based upon the cost of
construction on January lst. He then indicated that according to
a prominent property tax expert in Broward, Dillard Wood, under
the statutory scheme or constitutional scheme of the property
appraiser, by law, they have to assess the property on its true
market value on January 1st
Mayor Russell then asked staff to follow up on investigating
the possibility of having someone go after the ad valorem
benefits to the City. Commissioner Sherar previously suggested
this possibility, where the research attorney would charge a fee
to the contractor violating the law and the City would get a
third of those fees. She then asked staff to bring back a report
to the next meeting on this subject to see where we stand. She
also indicated that she wants all of the communications with the
contractor on this subject in writing for the records.
Commissioner Sherar then referred to the emails they have
been receiving with regard to the `little crack houses.' He said
that the zone for the particular property is NR (Neighborhood
Retail) now; however, it cannot be grandfathered in because the
property has been resold. He asked staff whether that lot is in
compliance with the zoning regulations in terms of lot size. He
then added that in his opinion houses are going to be more
successful in that area. Mr. Sprovero indicated that the lot size
requirements in NR are 75 sq. ft. and that he would need to check
what are the measurements of the property in question. Mayor
Russell asked Mr. Sprovero to send a response to the Commission
answering that question, and also to copy Mr. Gibson and Eve
Boutsis in the CPA for his information. Commissioner Sherar asked
what would be the cost of changing the zoning and Mayor Russell
asked to add that information to the response as well.
There being no further comments or discussion, the City
Manager's Report concluded.
REGULAR CITY COMMISSION
MINUTES - May 18, 2004
5
1
3. City Attorney's Report
2
3
Ms. Boutsis informed that she had nothing
to report tonight.
4
She then asked the Commission to bring
their calendars to
the
5
next meeting in order to coordinate the
Ethics Seminar with
the
6
Mr. Centorino from the City Attorney's
office, Mr. Meyers
from
7
the Commission on Ethics and with all the
Boards.
8
9
There being no further comments or discussion, the
City
10
Attorney's Report concluded.
11
12
13 PUBLIC REMARKS
14 (5- minute limit)
15
16 Mr. David Tucker Sr. welcomed Commissioner Wiscombe back who
17 was absent at some of the meetings due to an accident where he
18 injured a foot.
19
20 Ms. Yvonne Beckman spoke on behalf of the South Miami
21 Homeowner's Association (SMHOA) saying that she had been
22 delegated to urge the Commission to reinstate the Budget
23 Committee. Mayor Russell indicated that the related item will be
24 on the next Agenda. She then referred to items nos. 6 and 7 on
25 the Agenda, relating to the purchase of a swing set for Murray
26 Park and for the July 4th fireworks, respectively, saying that
27 these are items which were not budgeted for. She also referred to
28 item no. 9 relating to City Attorney's fees, questioning the
29 handling of the forfeiture account. Ms. Beckman then spoke
30 against item no. 11 relating to former City Manager Charles
31 Scurr. In addition, she spoke against item no. 12 relating to the
32 purchase of scooters for the parking enforcement unit, saying
33 that this item had neither been budgeted for.
34
35 Ms. Sharon McCain referred to the tight turns on SW 58 Court
36 and SW 58 Avenue. She then referred to the recurring savings on
37 the new garbage collection system questioning as to whether those
38 figures were correct. Ms. Davis again explained the reasons for
39 the savings. Ms. McCain then urged the Commission to save for
40 October any item on the Agenda tonight that is not in this year's
41 budget. She then asked them to vote down on Mr. Scurr's item. She
42 then referred to a newspaper article with regard to certain steps
43 which other cities have taken concerning the adult entertainment
44 issue. She then questioned as to whether the new Booby Trap sign
45 is actually what was approved by the City. She also said that in
46 her opinion there should not be an exemption for board members to
47 use the Multipurpose Center, and that employees should pay the
48 same rate as the residents.
49
REGULAR CITY COMMISSION 6
MINUTES - May 18, 2004
1 Mr. Dick Ward referred to the budget once more. He then.
2 referred to the loss of revenue from the Shops at Sunset Place.
3 He also referred to the cash reserve which is less than 100 of
4 the budget as required by resolution. He urged the Commission to
5 remove item no. 11 relating Mr. Scurr's payment saying that they
6 will be committing an illegal act otherwise.
7
8 Ms. Cathy McCann referred to item no. 13 relating to the
9 implementation of a Multipurpose Center fee reduction /waive r
10 program for City residents. She said that the fee set for
11 employees is "ridiculous," and that the reduction for board
12 members should be taken out. She then said that perhaps the
13 employees that demonstrate a firm commitment to doing exercise at
14 the Center should be refunded their $200 fee, and this could be
15 done in an effort to promote prevention. She said that a program
16 of this type has worked in other places and urged the Commission
17 to ask staff to do a research on this subject.
18
19 Zafar Ahmed, Director of the Community Development Division
20 of Miami -Dade County spoke on item 13 also. He commended the
21 Parks and Recreation Department and the City Manager for working
22 with the residents in coming up with the reduced fee schedule. He
23 said, however, that under the Community Government Block
24 regulations, the user fee normally are not charged to the
25 residents that qualify under the low income guidelines. He said
26 that according to the 2000 Census, the City of South Miami had
27 the highest poverty rate in Miami -Dade County.
28
29 Mr. Levy Kelly referred to the Recreation Ad Hoc Committee,
30 thanking the City Manager for her efforts to help the members to
31 come to a happy medium for the sake of the community. He then
32 commended the Police Department saying that the policeman who
33 made the arrest at the gymnasium did it both with dignity and
34 professionalism. He also referred to the Community Get Together
35 scheduled for June 19th
36
37 Mr. Cal Rosenbaum commended everyone sitting on the dais for
38 the good job which is for the good of the community. He then
39 asked two Commissioners to vote against item 11 relating to Mr.
40 Scurr's payment. He said that he knows, but that he would not
41 discuss it in public, that we have more than adequate defenses if
42 that gentleman wishes to file a suit. With regard to the
43 Multipurpose Center he reiterated that he wants to thank the
44 University of Miami and its president Dona Shalala for bending
45 over backwards with no strings attached, whereas South Miami
46 Hospital had strings attached and we couldn't even count the
47 strings.
48
49 Mr. John E. Smith referred to the presentation on the
50 downtown infrastructure improvement. He said that when Sunset
REGULAR CITY COMMISSION 7
MINUTES - May 18, 2004
I Drive was being redone, a bike path was not constructed due to
2 County law restrictions. Then, in lieu of filing an injunction
3 against the City to begin construction, he met with Planning
4 Director at that time, Bill Mackey, who assured him that bike
5 lanes would be accommodated in the City in the future development
6 of the downtown core, specifically on SW 74th Street. He said
7 that he is here tonight to make sure that the bike lanes are
8 taken into accommodation to comply with an agreement that goes
9 back some twelve years. He said that he can provide documentation
10 on that issue if needed. With respect to the radii of the turns,
11 he said that unfortunately the Hometown Plan is written by
12 individuals and the Plan has a lot of faults. He said that the
13 public remarks should not be a question and answer period which
14 he finds totally inappropriate.
15
16 Ms. Beth Schwartz referred to item 11 relating to Mr.
17 Scurr's payment saying that she does not agree with the
18 resolution, that in her opinion he should not be paid for
19 services for other governmental institutions, and that we do not
20 owe him the money. He signed the contract and he has to abide by
21 it. She then referred to the scooters saying that we could buy
22 two cars with that amount of money. With regard to the tax
23 reassessment request by the Shops at Sunset Place she questioned
24 as to whether there is a limit for this type of request.
25
26 After there were no more speakers, the Public Remarks
27 section was closed.
28
29 At this point Commissioner Birts- Cooper pulled Item no. 6;
30 Vice Mayor Palmer pulled 7; and, Commissioner Sherar pulled 9
31 from the Consent Agenda (now nos. 11, 12 & 13 respectively).
32
33 Ms. Davis indicated that Items no. 6 and 7 do not require
34 4/5 votes, they only require 3/5 since they are coming out of the
35 Non - Departmental account.
36
37 CONSENT
39 Resolution No. 80 -04 -11859
40 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
42 COMMITTEES; APPOINTING REVEREND DAVID WALKER TO SERVE
43 ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
44 ENDING MAY 17, 2006; AND PROVIDING AN EFFECTIVE DATE.
45 3/5
46 (Mayor Russell)
I.,
REGULAR CITY COMMISSION 8
MINUTES - May 18, 2004
1
Resolution No. 81 -04 -11860
2
5. A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF
3
SOUTH MIAMI, FLORIDA, OFFICIALLY NAMING THE
4
MULTIPURPOSE BUILDING AT MURRAY PARK AS THE SOUTH MIAMI
5
COMMUNITY CENTER; PROVIDING AN EFFECTIVE DATE.
3/5
6
7
(City Manager)
8
9
Resolution No. 82- 04- 11861
10
6. A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF
11
SOUTH MIAMI, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE
12
A CONTRACT WITH THE SCHOOL BOARD OF MIAMI -DADE
COUNTY,
13
FLORIDA FOR A GRANT IN THE AMOUNT OF $25,725.00
FOR THE
14
PROVISION OF A SUMMER READING PROGRAM; PROVIDING AN
15
EFFECTIVE DATE.
3/5
16
(Mayor Russell)
17
18
Moved by Commissioner Sherar, seconded by
Commissioner
19
Wiscombe, the motion to approve the Consent Agenda passed
by a 4-
20
0 vote.
21
22
Commissioner Wiscombe: Yea
23
Commissioner Sherar: Yea
24
Vice Mayor Palmer: Yea
25
Commissioner Birts- Cooper: Yea
26
Mayor Russell: Out of
the Room
27
28
29 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
till,
31 Ordinance No. 05 -04 -1812
32 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
33 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO
34 AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
35 REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE
36 SCHEDULE" IN ORDER TO ALLOW A NAIL AND SKIN CARE USE AS
37 A PERMITTED USE IN THE SAME ZONING USE DISTRICTS WHICH
38 CURRENTLY ALLOW BEAUTY AND BARBER SHOPS; PROVIDING FOR
39 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
40 PROVIDING AN EFFECTIVE DATE. 3/5
41 (City Manager)
42
43 Moved by Vice Mayor Palmer, seconded by Commissioner
44 Wiscombe to approve this item.
45
46 Mr. O'Donniley explained that this is the second and final
47 reading of this ordinance pertaining to a request to amend the
REGULAR CITY COMMISSION 9
MINUTES - May 18, 2004
1 Land Development Code's Permitted Use Schedule to allow nail and
2 skin care use as an accessory use, along with beauty or barber
3 shops. This request was recommended by the Planning Board for the
4 City Commission's action.
5
6 Mayor Russell opened for public hearing, closing it without
7 any comments from speakers.
8
9 Commissioner Sherar referred to the question as to whether
10 the Shops at Sunset Place is in compliance with any commitments
11 that they may have made when they came on board, saying that Mr.
12 Gibson, Director of the CRA had indicated that based on his
13 experience there are no special commitments made by the Shops.
14 Mr. O'Donniley said that the confusion may be due to the fact
15 that they were actually approved under the special use provision
16 of the zoning code, and that is the process that the Commission
17 sitting at that time used to review their proposal. Commissioner
18 Sherar then reiterated that he wants to make sure that if they
19 have made commitments to do hiring and training that they do it.
20
21 Ms. Boutsis then indicated that the City Attorney's office
22 has been going through all the agreements relating to the CRA and
23 that she will look for any documents within the CPA file to see
24 if there is anything there as well. Mayor Russell asked the City
25 Attorney to bring a report to the next Commission meeting on this
26 issue.
27
28 Vice Mayor Palmer said that the tenant seeking this request
29 might not even be aware of any previous agreement by the Shops.
30
31 Commissioner Wiscombe said to have a concern with this
32 request since it might hurt the little businesses. He said that
33 the original concept for the Shops was that it would be more of
3.4 an entertainment type of mall.
35 -
36 Mayor Russell said that the reality is that such concept
37 does not seem to be working. Mr. O'Donniley indicated that this
38 is a general amendment and not specifically designed just for the
39 Shops, and that this establishment is not a chain but is rather a
40 small lessee.
41
42 With no further comments or discussion, the motion to
43 approve this item passed by a 4 -1 vote.
44
45
46 Commissioner Wiscombe: Nay
47 Commissioner Sherar: Yea
48 Vice Mayor Palmer: Yea
49 Commissioner Birts- Cooper : Yea
50 Mayor Russell: Yea
REGULAR CITY COMMISSION 10
MINUTES - May 18, 2004
1 RESOLUTION (S) /PUBLIC HEARING (S)
2 (None)
3
4 RESOLUTION (S)
5
6 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA RELATING TO FORMER CITY
8 MANAGER CHARLES SCURR'S PENSION; AUTHORIZING THE CITY
9 MANAGER TO PAY AN AMOUNT NOT EXCEEDING $107,000 TO
10 METLIFE INVESTORS INSURANCE COMPANY ON HIS BEHALF AS
11 SATISFACTION OF THE RETIREMENT CLAUSE IN HIS EMPLOYMENT
12 CONTRACT; PROVIDING AUTHORIZATION FOR USE OF CASH
13 RESERVE, FOR THE DISBURSEMENT; AND PROVIDING AN
14 EFFECTIVE DATE. 4/5
15 (City Manager)
16
17 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
18 approve this item.
19
20 Ms. Davis indicated that this issue is one of the problems
21 still pending which needs to be resolved. She sought an
22 independent opinion on this case do to conflict of interest since
23 the attorney at the time the contract was signed is still our
24 City Attorney. She said that she had various questions as to
25 whether we were required to honor the provisions of his contract
26 as it relates to the buying back of former years of service. She
27 said that this case should be considered objectively. She said
28 that she has looked at every angle imaginable because of the
29 sentiment from the former Commission that they did not want to
30 pay his pension. She went to an independent pension attorney and
31 asked him to look at all the history. The bottom line is that his
32 contract, which was adopted by the Commission at the time,
33 stipulates that there would be a buyback provision for his years
34 of service in his former public life. Mayor Russell asked whether
35 that was legal and Ms. Davis said that this is one of the
36 questions that she asked the attorney. There are two separate
37 issues here, she said: one is, that the city manager at the time
38 should have created or amended the pension plan in order to allow
39 himself to be included in it, and that did not happen. That is
40 why you have a letter from the pension attorney stating that it
41 is not valid and that the money that went into that plan did not
42 go under his name, it was just contributed towards the pension
43 deficit at the time. And that is one issue. The other issue is,
44 that the Commission entered into an employment agreement with the
45 former manager and they specifically agreed in that agreement, to
46 buy back his former years. And that is why the three attorneys
47 that have looked at it, including the independent person who did
48 not know anything about it, they all concur that regardless of
REGULAR CITY COMMISSION 1 1
MINUTES - May 18, 2004
1 whether the ordinance was changed in order to allow him into the
2 pension plan, he still had a contract approved by the City, with
3 the buyback language. She even questioned the attorney as to the
4 fact that the contract does not specifically state that the City
5 is to buy back those years. It just infers that the years would
6 be bought back. The intent of the Commission at the time was that
7 they were going to buy back his years; therefore, the Finance
8 Director contributed that amount of money to the pension plan
9 ($89,716.80). From the legal perspective, the way it was
10 explained to me, Ms. Davis said, that even though it does not
11 specifically say that the City would buy back those years, the
12 fact of the matter is that it was the intent of the contract and,
13 further, the City went ahead and began contributing a buyback
14 into the pension fund. She said that the bottom line is that the
15 City Commission at that time agreed to those provisions of the
16 contract; therefore, we need to uphold our end of the deal. Mayor
17 Russell said that this is why the money cannot come one of the
18 pension fund where it has been deposited because that money was
19 put in the pension fund and never went in under his name because
20 it was not allowed, and all it did is offset the City's deficit.
21 Ms. Davis indicated that the reason she went to seek an
22 independent legal opinion was so that she could advise the
23 Commission to make the best decision. She plainly said to the
24 Commission that there are only two alternatives, either pay or we
25 are going to go into a lawsuit.
26
27 Commissioner Sherar said that one of the questions he has is
28 as to whether the City can enter into a contract which requires
29 changing its ordinance. He then said that the interpretation is
30 that if this contract requires us to allow buyback, then we will
31 have to give it to every employee which means that there has to
32 be a change in the pension plan in order for it to be legal. He
33 then questioned the legality of the deposit of funds. Ms. Boutsis
34 said that there has never been any statement by any attorney, not
35 even our pension attorney that it was put in illegally. He then
36 referred to the provision in the Charter on the $5,000
37 limitation, where any expenditure over that amount will require
38 City Commission approval. He then asked as to whether this money
39 was budgeted.
40
41 Mr. Oshikoya explained that the way the pension contribution
42 works is that each year the City Commission approves a lump sum
43 amount as pension contribution in the budget and during the year
44 we receive a brief from the actuary as to how much our
45 contribution is supposed to be. At that time we send the payment
46 to them. There was never a time where the City Commission
47 approved a separate budget for the contribution to put in the
48 pension plan, they just approved a lump sum amount, and it is up
49 to the City to divide it accordingly, the way it is supposed to
50 be divided -for the different plans.
REGULAR CITY COMMISSION 12
MINUTES - May 18, 2004
1 Commissioner Sherar then said that those payments which were
2 going to the pension plan were supposed to be legal under the
3 plan. However, any payments for Mr. Scurr under that plan would
4 have been illegal because they were not provided for under that
5 plan. Ms. Boutsis reiterated that is not that it is illegal; it
6 is that it would have required making an amendment to the pension
7 plan.
8
9 The discussion continued among the Commission and staff who
10 further clarified some of the Commission's concerns on this
11 issue.
12
13 Ms. Davis said that because the Commission in general has
14 raised very good questions on this issue, they would be needing
15 legal advice from an independent attorney since Mr. Gallop is
16 recusing himself.
17
18 Vice Mayor Palmer said that she has read the contract many
19 times finding it quite ambiguous. She said that she finds the
20 contract being in conflict with the provisions of the pension
21 plan and with the ordinance. She said that they have to abide by
22 the law and that this is contrary to the law.
23
24 Commissioner Birts- Cooper said that it is her understanding
25 that Mr. Scurr's agreement is in conflict with the ordinance
26 relating to pension. She then indicated that she was sworn in to
27 uphold the law, and right now she is not prepared to make a
28 decision on this. She said that they need more information and
29 that she is not in favor to the use of cash reserve for this
30 payment, and that she would like to defer this item.
31
32 Commissioner Wiscombe asked Mr. Oshikoya to turn to item no.
33 6, asking as to whether the amount shown under `Annual
34 Contribution' is the amount that we were supposed to put in and
35 Mr. Oshikoya said yes. Commissioner Wiscombe then said to recall
36 that at the time that this issue came up for discussion, and that
37 he had great concern on what was happening, it was pointed out to
38 him that payments were being made double into that account and
39 that it was basically a ten -year buyback being done in five
40 years. Mr. Oshikoya explained that the annual contribution was
41 based on the current salary as of that time. Then, the buyback
42 amount was based on the salary from previous years. Commissioner
43 Wiscombe reiterated that the payments were being doubled, because
44 when he asked about it they suddenly got cut. Commissioner
45 Wiscombe then said that he would not want any opinion on this
46 issue from our City Attorney's office and neither from Mr.
47 Dellagroria. He would rather favor seeking an opinion from an
48 independent attorney.
49
REGULAR CITY COMMISSION 13
MINUTES - May 18, 2004
1 Ms. Davis then recommended to the Commission to submit their
2 concerns in writing so that an independent attorney may clarify
3 all the issues for them.
4
5 Commissioner Sherar then referred to the last paragraph of
6 our pension attorney's letter, Robert Sugarman, quoting Mr.
7 Sugarman's opinion, "unless and until the Pension Plan is amended
8 by ordinance, the Pension Plan cannot grant credited service to
9 Mr. Scurr for his service with other governmental employers and
10 cannot pay Mr. Scurr a pension based upon the other governmental
11 service. Furthermore, should be Pension Plan not be so amended,
12 $89,716.80 paid by the City to the Plan for the other
13 governmental service should be either refunded to the city or
14 credited towards future required city contributions."
15
16 Commissioner Sherar then called Mr. Scurr's attorney, Mr.
17 Kurtz, asking him to share his position in this case with the
18 Commission. Mr. Kurtz addressed the Commission by saying that Ms.
19 Davis' report was very clear and self- explanatory. Commissioner
20 Shera.r then said to Mr. Kurtz that he could call him or send him
21 a memo stating some facts pertinent to the case so that he could
22 look at it and make a decision from a legal standpoint, and not
23 from what the City Manager recommends. Ms. Davis indicated that
24 her recommendation was based on what she thinks would be best for
25 the City.
26
27 Mayor Russell then directed Ms. Davis to gather and select
28 some names who would be completely independent from the City's
29 operation, to review this and come back with answers to the
30 questions which have been raised this evening.
31
32 Commissioner Wiscombe said that he did not want to put Ms.
33 Davis in the middle and that the decision for selecting an
34 attorney should be made by the Commission. Mayor Russell then
35 asked the City Manager to bring a list of attorney's names to
36 them for their review.
37
38 Vice Mayor Palmer asked as to whether they were prepared to
39 amend the ordinance if necessary. Mayor Russell said that they
40 had looked at that option and it would become extremely expensive
41 because it would open the door for so many employees.
42
43 Mayor Russell, by acclamation from the entire Commission,
44 directed the City Manager to provide them with 3 -5 names of
45 attorneys.
46
47 Moved by Mayor Russell, seconded by Commissioner Sherar, and
48 with no further comments or discussion, the motion to defer this
49 item passed by a 5 -0 vote.
50
REGULAR CITY COMMISSION 14
MINUTES - May 18, 2004
1 Commissioner Wiscombe: Yea
2 Commissioner Sherar: Yea
3 Vice Mayor Palmer: Yea
4 Commissioner Birts- Cooper: Yea
5 Mayor Russell: Yea
6
7 At 10:05 p.m. the Mayor announced a 5- minute recess.
8
9 Resolution No. 83 -04 -11862
10 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
11 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
12 MANAGER TO EXECUTE THE EMERGENCY PURCHASE OF ONE GO -4
13 INTERCEPTOR II SCOOTER FOR THE PARKING ENFORCEMENT UNIT
14 FROM FLORIDA ELECTRIC & GAS VEHICLES, INC. IN AN AMOUNT
15 OF $22,974.00 TO BE CHARGED TO PARKING METERS FRANCHISE
16 REVENUE ACCOUNT, ACCOUNT NUMBER 001 -0000- 344 - 5200;
17 PROVIDING FOR AN EFFECTIVE DATE. 4/5
18 (City Manager)
19
20 Moved by Mayor Russell, seconded by Commissioner Sherar to
21 approve this item.
22
23 Ms. Davis explained that the parking operation utilizes two
24 scooters and they operate six days a week, 12 -14 hours a day. The
25 existing scooters are approximately six years old and they were
26 purchased used and they are failing, are not reliable, and we are
27 loosing revenue because of this. She said that the reason for not
28 having budgeted the scooters is because she assumed that they
29 were owned by the contractor, and also because it was not brought
30 to her attention that they were in bad shape. She said that these
31 vehicles are very important because they are revenue producing.
32 She said that we really need two but that we will try to get by
33 with one for now.
34
35 Commissioner Birts - Cooper asked the City Manager as to why
36 we have not been maintaining the scooters. Ms. Davis said that we
37 have, but the problem is that they are very old and that they
38 seem to have met their life cycle. Commissioner Birts- Cooper then
39 asked as to whether there is a maintenance record on them. Ms.
40 Davis said that there might be a manual record but that is
41 another issue that will be discussed at budget time. Ms. Davis
42 said that she is very uncomfortable with the fact that we do not
43 have a fleet maintenance module with our online system. She said
44 that we do not have an inventory system either and that is
45 another thing which needs to be taken care of.
46
47 Commissioner Wiscombe then indicated that in reviewing Mr.
48 Stroyne's contract he could not find any clause stating that the
49 City is responsible for the scooters. Ms. Davis said that the
REGULAR CITY COMMISSION 15
MINUTES - May 18, 2004
1 City has provided the scooters for the last 18 years.
2 Commissioner Wiscombe said that the other concern that he has is
3 the fact that they were not budgeted for. Commissioner Sherar
4 said that he agrees that they are in real bad shape.
5
6 Upon suggestions from the Commission to look into cheaper
7 models, Assistant Chief Mills indicated that these are
8 specifically designed for parking enforcement, whereas all other
9 models are designed for maintenance and collection. Ms. Davis
10 said that every other city uses this model because they are
11 basically the only one on the market for this purpose.
12 Commissioner Wiscombe then referred to the models they saw during
13 their visit to Tallahassee. Ms. Vazquez indicated that those run
14 on batteries and the batteries only run for only four hours at a
15 time, and then they have to be recharged. Ms. Vazquez said that
16 she conducted a nationwide search and the result was that
17 everybody is using these vehicles.
18
19 Commissioner Sherar said that we need to address this issue
20 with the contract.
21
22 Vice Mayor Palmer asked and Ms. Davis responded that Mr.
23 Stroyne's responsibility with respect to the City is to enforce
24 parking, collect the money, repair the meters and also the
25 signage.
26
27 Mayor Russell said that the reason for cities to own and
28 maintain these vehicles is because if the contractor leaves then
29 the city is left without them, if they were the property of the
30 contractor.
31
32 With no further comments or discussion, the motion to
33 approve this item passed by a 5 -0 vote.
34
35 Commissioner Wiscombe: Yea
36 Commissioner Sherar: Yea
37 Vice Mayor Palmer: Yea
38 Commissioner Birts- Cooper: Yea
39 Mayor Russell: Yea
40
41 Resolution No. 84 -04 -11863
42 10. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
43 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND
44 THE SCHEDULE OF FEES FOR THE CITY'S RECREATIONAL
45 PROGRAMS, MEMBERSHIPS AND RENTALS AND PROVIDE FOR THE
46 IMPLEMENTATION OF A FEE REDUCTION /WAIVER PROGRAM FOR
47 CITY RESIDENTS FOR THE FEES ASSOCIATED WITH THESE
48 PROGRAMS; PROVIDING AN EFFECTIVE DATE. 3/5
49
REGULAR CITY COMMISSION 16
MINUTES - May 18, 2004
1 (City Manager)
2
3 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
4 approve this item.
5
6 Mr. Ricke explained that the schedule of recreation program,
7 membership and rental fees was unanimously adopted at the
8 September 2, 2003 City Commission meeting. He said that he is now
9 recommending some changes based on discussion from the Ad Hoc
10 Committee. The Ad Hoc Committee was concerned that there are some
11 South Miami residents who are below the average income levels and
12 should be eligible for a reduction of these fees. The Finance
13 Director put together a "Fee Waiver /Reduction Calculator" based
14 on the Miami -Dade County Public Schools program guidelines.
15
16 Commissioner Wiscombe said that he has a concern with senior
17 citizens paying more than City employees. Mr. Ricke said that the
18 Ad Hoc Committee felt that if any senior fits the guidelines of
19 the waiver policy, that would take precedence over anything else,
20 and the reduction would apply.
21
22 Commissioner Birts- Cooper suggested that the seniors' fees
23 be reduced to $100 and the teens to $50.
24
25 Mayor Russell asked staff to delete the board members line.
26 These are people appointed by the Commission to provide volunteer
27 service and not for obtaining financial gain. She said that the
28 Commission should be excluded from the discount program as well.
29
30 Vice Mayor Palmer said that the employee's family should be
31 included. She also said that the discount for board members seems
32 reasonable since they provide volunteer service.
33
34 Commissioner Sherar then recommended that the veterans be
35 included for the reduced fee of $100.
36
37 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
38 amend the fee schedule: For teens $50; for senior residents $100;
39 strike board and committee members from any special privileges;
40 add family members to the City of South Miami Employees rate;
41 and, add a new category for veterans (with a military ID) at
42 $100. The motion to amend the fee schedule passed by a 5 -0 vote.
43
44 Commissioner Wiscombe: Yea
45 Commissioner Sherar: Yea
46 Vice Mayor Palmer: Yea
47 Commissioner Birts- Cooper: Yea
48 Mayor Russell: Yea
49
REGULAR CITY COMMISSION 17
MINUTES - May 18, 2004
1 Commissioner Sherar had a question on the park uses, asking
2 whether these were similar to those of Palmer Park, which those
3 big lights cost only $25 an hour to run. Mr. Ricke said that he
4 could not really answer that question at this point, but that the
5 fees that we are charging are pretty standard when compared to
6 other municipalities offering the same type of program.
7 Commissioner Sherar then said that we need to take a look at this
8 for next year's budget. Mr. Ricke said that one of the things
9 that the Ad Hoc Committee wanted to make sure that we do is that
10 we keep these fees up to date. He indicated that they technically
11 need to bring them before the Commission every year, as well as
12 when they need to make changes.
13
14 With no further comments or discussion, the motion to
15 approve this item as amended, also attaching the "Fee
16 Waiver /Reduction Calculator" prepared the Finance Department,
17 passed by a 5 -0 vote.
18
19 Commissioner Wiscombe: Yea
20 Commissioner Sherar: Yea
21 Vice Mayor Palmer: Yea
22 Commissioner Birts- Cooper: Yea
23 Mayor Russell: Yea
24
25 With no motion to stay passed 11:00 p.m., Mayor Russell,
26 adjourned the meeting. Therefore, the rest of the items from this
27 point forward were not discussed.
28
29 11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
30 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
31 DISBURSE $5,607.00 TO LEADEX CORPORATION FOR THE
32 INSTALLATION OF A SWING SET AT MURRAY PARK TO BE
33 CHARGED TO NON - DEPARTMENTAL GENERAL CONTINGENCY ACCOUNT
34 NUMBER 001.2100.519.9920; PROVIDING AN EFFECTIVE DATE.
35 43/5
36 (City Manager)
37
38 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
39 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
40 MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER
41 DISPLAYS UNLIMITED, INC., FOR THE ANNUAL JULY 4TH
42 FIREWORKS DISPLAY FOR A TOTAL PRICE OF $8,000.00, FOR
43 DISBURSEMENT FROM ACCOUNT NUMBER 001 - 0000 - 219 -7500, 4TH
44 OF JULY DONATION ACCOUNT, IN AN AMOUNT OF NOT LESS THAN
45 $2,000.00, AND NON - DEPARTMENTAL CONTINGENCY ACCOUNT
46 NUMBER 001.2100.519.9920 IN AN AMOUNT NOT TO EXCEED
47 $6,000.00; PROVIDING FOR AN EFFECTIVE DATE. 43/5
48
REGULAR CITY COMMISSION 18
MINUTES - May 18, 2004
1 (City Manager)
2
3 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
5 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
6 FIGUEREDO, P.A. IN THE AMOUNT OF $8,277.77; CHARGING
7, $210.25 TO ACCOUNT NO. 1500- 514 -3435, REAL
8 PROPERTY /FORECLOSURE; CHARGING $6,713.15 TO ACCOUNT NO.
9 1500- 514 -3410, LEGAL SERVICES, NON- RETAINER; CHARGING
10 $11146.50 TO ACCOUNT NO. 1500- 514 -3452, CODE
11 ENFORCEMENT; AND CHARGING $207.87, TO ACCOUNT NO. 608-
12 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE;
13 PROVIDING AN EFFECTIVE DATE. 3/5
14
15 (City Attorney)
16
17 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
18
19 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING
21 BOARD, AMENDING SECTION 20-6.1(B)(2) OF THE SOUTH MIAMI
22 LAND DEVELOPMENT CODE, IN ORDER TO ALLOW SPECIAL
23 MEETINGS OF THE BOARD TO BE CALLED WHEN CIRCUMSTANCES
24 PREVENT A REGULARLY SCHEDULED MEETING FROM BEING HELD;
25 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
26 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
27 (City Manager)
28
29 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
31 SOUTH MIAMI LAND DEVELOPMENT CODE BY AMENDING SECTION
32 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE
33 DEFINITIONS PERTAINING TO ADULT ENTERTAINMENT; AMENDING
34 SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN
35 ORDER TO ALLOW ADULT ENTERTAINMENT ESTABLISHMENTS TO BE
36 LOCATED IN CERTAIN NON - RESIDENTIAL ZONING USE
37 DISTRICTS; AND CREATING NEW SECTION 20 -3.9 TO BE
38 ENTITLED "REGULATIONS APPLICABLE TO ADULT ENTERTAINMENT
39 ESTABLISHMENTS;" PROVIDING FOR SEVERABILITY, ORDINANCES
40 IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
41 (City Manager)
42
43
44 PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
45 TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
46 CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
47 FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
48 MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
REGULAR CITY COMMISSION 19
MINUTES - May 18, 2004
1
2
3
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5
6
7
8
9
10
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NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
COMMISSION REMARKS
(None)
There being no further business to come before this Body,
the meeting adjourned at 11:05 P.M.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - May 18, 2004
20
Approved
Mary Scott Russell
Mayor