06-08-04 Item 11 City of South Miami
2 Regular City Commission Minutes
3 June 1, 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, June 1, 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 Attorneys Earl Gallop and Eve Boutsis, and City Clerk Maria M.
19 Menendez.
20
21 B. Invocation: The invocation was delivered in silence. Mayor
22 Russell then referring to former Commissioner Bethel thanking
23 everyone for their prayers and said that he is in a regular room
24 now and doing better.
25
26 C. Pledge of Allegiance:
27 The Pledge of Allegiance was recited in unison.
28
29 D. Presentation(s) 7:00 p.m.
30
31 1) Recognizing Sponsors for the National Public Works Week
32
33 Mr. Balogun thanked the Commission and the City Manager for
34 their support on the `National Public Works Week.' Mr. Balogun,
35 then, together with the Commission, delivered plaques to
36 recognize the following sponsors: C3TS, US Lawns of South Dade,
37 Consulting Engineering & Science, TJ Pavement, Kimley Horn, MC
38 Harry, and South Florida Resource Conservation Development
39 Council, and City Manager Maria Davis.
40
41 The presentation ended at approximately 7:15 p.m. and Mayor
42 Russell adjourned the meeting until 7:30 p.m.
43
44
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ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of May 18, 2004
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, the motion to approve the minutes passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
2. City Manager's Report:
a) Potable water negotiation with Miami -Dade Water and
Sewer Department (WASD);
Ms. Davis indicated that at the last Commission meeting
Commissioner Sherar came up with an excellent idea, to negotiate
a payment plan with Miami -Dade Water and Sewer (WASD) for
residents who wished to tie into the water distribution system of
WASD. We have written to WASD and they have responded that they
are discussing it and will let us know.
b) Valencia Apartments and The Shops at Sunset Place:
Status on tax assessment;
Ms. Davis said that at the last meeting it was discussed
that we should possibly hire an attorney to contest the Shops
assessment reduction. She said that Frank Jacobs from the Miami -
Dade Property Appraiser's Office informed her that it would not
do us any good to hire an attorney since an attorney cannot sue
the assessor's office. What they recommended, however, is to hire
an appraiser to do our own appraisal. The problem is however that
the Shops records are not public and they do not have to give us
their numbers. She said that they probably will end up at $92
million.
Commissioner Sherar said that the Shops would be subject to
assessment by either of two methods: the market method or the
income method. The market method is based on the market value and
the income method is based on its income, similar to that of an
apartment building. If they choose the income method, they might
be required by the special master to substantiate what they are
claiming and subsequently the records might become public record.
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oil
1 Mr. Gallop indicated that the last time that they had to
2 deal with the Shops they hired Attorney John Dellagloria's to
3 represent the City's interest. Mr. Dellagloria told us several
4 things. One is that the City does not have the right to intervene
5 in the evaluation proceedings. However, Mr. Gallop opined that
6 since the City has a right to ad valorem tax assessment, the City
7 is an affected party and therefore has a legal standing to insist
8 upon seeing those documents, under confidentiality agreement if
9 necessary. In order to take this course of action we need to hire
10 an attorney and an appraiser to represent the City. He indicated
11 that the difference in $95 and $93 million is approximately
12 $14,000. Ms. Davis said that the assessment as it stands, as of
13 last year was $110 million and it has gone down to $93, therefore
14 it would represent over $100,000.
15
16 Commissioner Sherar indicated that he will look into the
17 statutes regarding the City's input on the assessment. He also
18 said he would recommend an attorney specialized in contesting tax
19 assessments. Mr. Gallop then mentioned attorney Dan White as one
20 who is well versed in this matter, and is also often sought by
21 city attorneys to assist in evaluation hearings of this type.
22
23 Mayor Russell then, by acclamation, directed Ms. Davis to
24 investigate that avenue, both Mr. White and Commissioner Sherar's
25 suggestion.
26
27 Regarding the Valencia Apartments Ms. Davis indicated that
28 Mr. Oshikoya is also working with Mr. Jacobs and we are waiting
29 to hear from the Appraiser's office on whether or not Valencia
30 will be added to this year's tax rolls.
31
32 c) Parking Enforcement Vehicle
33
34 Ms. Davis referred again to the last_ Commi_s_sion meeting
35 where a question was raised as to whether there was anything in
36 writing about the City providing parking enforcement vehicles.
37 She said that it is in the RFP and the explanation was submitted
38 to them.
39
40 Commissioner Sherar referred to the RFP, asking for
41 clarification regarding the "Reply" statement under no. 18 on
42 page 4 of 16, which reads "Proposer provides non - auto /insurance
43 for his staff. Mayor Russell said that this is a very good
44 question and directed staff to look into it.
45
46 d) Attorneys for the former City Manager's pension
47 matter.
48
49 Ms. Davis then referred to the list of attorneys which was
50 delivered to them a little late. Mayor Russell said that they
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1 have not had enough time to review the list but that, in her
2 opinion, attorney Cohen seemed to have the most experience and to
3 be the best well versed.
4
5 Commissioner Wiscombe said that he would like to have an
6 opportunity to review the list as submitted before making any
7 decisions or recommendations. Mayor Russell then directed staff
8 to bring it back to the next meeting in the form of a resolution
9 leaving a blank line to be filled in.
10
11 There being no further comments or discussion, the City
12 Manager's Report concluded.
13
14 3. City Attorney's Report
15
16 Mr. Gallop referred to the MRP settlement agreement.
17 Approximately two weeks ago, Mr. Luis Figueredo distributed to
18 representatives of Mark Richman a Proposed Settlement Agreement.
19 He also distributed copies of that to the litigation counsel, and
20 to Commissioner Sherar. They are now waiting for their responses
21 so that they can sit down and discuss the settlement agreement.
22 As soon as that occurs, hopefully within the next week, we will
23 then bring it to the Commission in an attorney- client session and
24 recommend that the matter be scheduled for public hearing.
25
26 There being no further comments or discussion, the City
27 Attorney's Report concluded.
28
29
30 PUBLIC REMARKS
31 (5- minute limit)
32
33 Mr. David Tucker, Sr. `34149054 Army of the United States of
34 America,' said to speak tonight for those who are speechless. He
35 did this in reminiscence of the Memorial Day celebrated
36 yesterday. As usual, Mr. Tucker chose the right theme, he was
37 emotional and people congratulated him for his speech.
38
39 Mr. Michael Miller congratulated the City for the new South
40 Miami Community Center. He also thanked the University of Miami
41 for the donation of the exercise equipment. He then urged the
42 Commission to consider offering the same membership fee as those
43 established for residents, to business owners in the City and for
44 those who work in the City.
45
46 Ms. Ida Harris referred to an open letter the SMHOA
47 published in the Community News to the Mayor and the
48 Commissioners some months ago, asking to initiate an
49 investigation concerning the arrest of former Mayor Feliu. She
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1 said that at the time it was suggested to wait for the results of
2 the actual trial, and now the trial is over and he was found not
3 guilty of any charges. She then went on to recount the whole
4 incident and what transpired in during the trial.
5
6 Ms. Yvonne Beckman commended Ida for her speech. She also
7 thanked Mr. Tucker for the beautiful words, adding that she comes
8 from a country which the Americans liberated and that she
9 appreciates democracy. She then referred to about $10,000 worth
10 of items on the Agenda tonight, which were not budgeted and urged
11 the Commission to stick to the budget. She then referred to the
12 K -9 cars questioning as to whether we really need these cars. She
13 said that the City had bought one during former Mayor Robaina' s
14 tenure, which was used for the airport and wanted to make sure
15 that it is being used for the citizens of South Miami. Regarding
16 the item on compensation for the Commission, she said that it is
17 still the wrong time for a raise, and that the Mayor should not
18 have an extra amount of money since she only has one vote just as
19 the rest of the Commission. She then spoke in favor of the item
20 on the agenda relating to RFP for legal counseling. She referred
21 to the February election incident regarding the former Mayor
22 saying that things are not being handled correctly within the
23 Police and Personnel Departments.
24
25 Mr. Dan McCrea spoke in favor of item no. 13 on the agenda
26 tonight referring to compensation to the Commissioners. He opined
27 that a greater amount, such as $20,000 and $25,000 for the Mayor,
28 would be what could attract the best candidates to run for the
29 Commission in the future. He then urged to amend Section 5 of the
30 ordinance which is in violation of the Charter which provides
31 that any change in compensation should wait after the next
32 general election, and that will be the 2006 election cycle. He
33 then complemented the Commission on the smooth running of the
34 government saying that the Mayor, Commissioners, City Manager and
35 staff, saying that we have come a long way since a year ago when
36 the City was in considerable turmoil and trouble.
37
38 Mr. Phillip Statter (the spelling of this name might be
39 incorrect) referred to the election incident saying that politics
40 smell really bad in the City and that he hopes that the employees
41 involved will be made accountable.
42
43 Mr. Dick Ward also referred to the `fiasco' of February
44 10th. He said that the incident which took place 14 hours before
45 the election caused a big dark cloud to roll over our City. Now
46 former Mayor Feliu has been found innocent of all charges, and
47 the big dark cloud has gotten bigger. He said that after that
48 incident, a lot of rumors floated around as to who was or was not
49 involved. At that hearing, he added, it became obvious that there
50 were three main characters, and possible some special interest
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groups that were involved in this. Fortunately, he said that in
his opinion no one on the dais was involved. He then said to the
Mayor that the only way that this dark cloud can be removed from
the City is to remove that cloud by looking very seriously into
the behavior of these people.
Mr. Walter Harris announced the upcoming citywide come
together picnic scheduled for Saturday, June 19th. He said that
they need donations and volunteers and asked to call their 24-
hour number, 305 -270- 4773. He also reminded everyone of the SMHOA
meetings being held on the second Wednesday of every month at
City Hall at 7:00 p.m. He then referred to the former Mayor
Feliu's incident. He said that the former Mayor and his family
have gone through a very tough time as the result of the behavior
of three people. He then said that in his opinion there should be
an independent investigation on this matter in order to clear it
and put it to rest. He alluded to the fact that Commissioner
Sherar could be the next target of the PBA, setting the Chambers
in confusion and disruption of the assembly, and the Mayor called
for a three minute recess. When the public remarks resumed, Mr.
Harris said that the contract with the Stroyne brothers needs to
be reevaluated. He also said that the Police Department needs to
make Frank Gilbert accountable for not following proper procedure
and for taking the law into his own hands, and that Wasserman
should be disciplined as well.
Mr. Cal Rosenbaum said that he does like Horace Feliu and
that in fact he is an honorable man. However, there used to be a
Commissioner `up there' who is also an honorable man and who is
now sitting in a penitentiary for being involved in a case on
money laundering. He said that this Commission is not a judicial
body. Not guilty does not mean innocent. None of you should go
any further with this matter. If there is any question, get an
inspector general to come in and review whatever. The people
involved did whatever they thought it was correct. With respect
to compensation to the Commission he said that the salary range
should be between $18,000 and $22,000. He also said that no
sitting member of the Commission should take advantage of the
raise.
Ms. Shirley Hubner spoke in reference of the item on the
Agenda relating to adult entertainment saying that in her opinion
the notices should be more factual and less ambiguous. She then
referred to the signage of BT Gentlemen Club which she thinks is
too big. She also referred to the Planning Board recommendations
indicating that they should come to the Commission exactly the
way that the Board has reviewed and recommended, without any
further additions from staff.
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1 Ms. Cathy McCann said that the ordinance regulating vendor's
2 campaign contribution should be equally enforced. She said to be
3 disappointed because this Commission has done nothing to solve
4 the problems from the last election. On the item relating to
5 compensation to the Commission she said that the Charter is very
6 clear and that our five Commissioners have equal vote in the
7 dealings. The only thing that separates the Mayor is that he /she
8 is the chairperson; therefore, the salary should be equitable for
9 all. She also referred to the adult entertainment ordinance which
10 in her opinion the title should have contained more information.
11
12 Mr. Bob Welsh referred to a `lost pet' sign which was
13 removed from a pole by Code Enforcement asking for a little more
14 sympathy when it comes to this type of signs.
15
16 Ms. Beth Schwartz spoke against item no. 11 relating to
17 adult entertainment, particularly concerning the proposed 300 ft
18 from residential properties.
19
20 After there were no more speakers, the Public Remarks
21 section was closed.
22
23 At this point the following items were pulled from the
24 Consent Agenda: Vice Mayor Palmer pulled Items no. 8 and 9 (now
25 nos. 9 and 10); and Commissioner Sherar pulled 4 and 5 (now nos.
26 7 and 8).
27
28
29 CONSENT
9111
31 Resolution No. 85 -04 -11864
32 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
33 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
34 MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER
35 DISPLAYS UNLIMITED, INC., FOR THE ANNUAL JULY 4TH
36 FIREWORKS DISPLAY FOR A TOTAL PRICE OF $8,000.00, FOR
37 DISBURSEMENT FROM ACCOUNT NUMBER 001- 0000 - 219 -7500, 4TH
38 OF JULY DONATION ACCOUNT, IN AN AMOUNT OF NOT LESS THAN
39 $2,000.00, AND NON - DEPARTMENTAL CONTINGENCY ACCOUNT
40 NUMBER 001.2100.519.9920 IN AN AMOUNT NOT TO EXCEED
41 $6,000.00; PROVIDING FOR AN EFFECTIVE DATE. 3/5
42 (City Manager)
43
44 Resolution No. 86- 04- 11865
45 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
47 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
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1 FIGUEREDO, P.A. IN THE AMOUNT OF $8,277.77; CHARGING
2 $210.25 TO ACCOUNT NO. 1500- 514 - 3435, REAL
3 PROPERTY /FORECLOSURE; CHARGING $6,713.15 TO ACCOUNT NO.
4 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING
5 $1,146.50 TO ACCOUNT NO. 1500- 514 -3452, CODE
6 ENFORCEMENT; AND CHARGING $207.87, TO ACCOUNT NO. 608-
7 1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURE;
8 PROVIDING AN EFFECTIVE DATE. 3/5
9 (City Attorney)
10
11 Moved by Commissioner Wiscombe, seconded by Commissioner
12 Sherar and Vice Mayor Palmer, the motion to approve the Consent
13 Agenda passed by a 5 -0 vote.
14
15 Commissioner Wiscombe: Yea
16 Commissioner Sherar: Yea
17 Vice Mayor Palmer: Yea
18 Commissioner Birts- Cooper: Yea
19 Mayor Russell: Yea
20
21
22
23 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
24 (None)
25
26 RESOLUTION (S) /PUBLIC HEARING (S)
27
28 Resolution No. 87 -04 -11866
29 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
31 SECTION 20 -5.8 OF THE LAND DEVELOPMENT CODE FOR A
32 SPECIAL USE APPROVAL TO PERMIT A WAREHOUSE TO BE USED
33 AS A STORAGE FACILTY BY A SOCIAL SERVICE AGENCY
34 (FELLOWSHIP HOUSE) ON PROPERTY LOCATED AT 5788 COMMERCE
35 LANE, WITHIN THE "TODD (LI -4)" TRANSIT ORIENTED
36 DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE
37 DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. 3/5
38 (City Manager)
39
40 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
41 approve this item.
42
43 Mr. Gallop advised the City Commission that this is an
44 application for a development permit and requires a decision
45 pursuant to a quasi - judicial hearing, where their decisions will
46 be based on all the evidence as presented. He advised the public
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1 that this is not an opportunity to present an opinion, but rather
2 to present evidence on the issues which will be presented by the
3 Planning Director. He then proceeded to swear in all those who
4 would be speaking on this issue tonight. He also urged the
5 Commission to disclose at this time any contacts they might have
6 had relating to this particular issue.
7
8 Commissioner Sherar informed about a contact with someone
9 related to the Fellowship House who brought up this issue to his
10 attention, adding that this would not have any influence in his
11 decision tonight.
12
13 Mayor Russell informed that she had a telephone conversation
14 with a Fellowship House employee today on an unrelated issue.
15 This person then mentioned that they had an item on the Agenda
16 tonight and that she would be coming to the meeting, and that was
17 the end of the discussion. This will not have any influence on
18 her decision tonight on this issue, the Mayor added.
19
20 Commissioner Sherar asked Mr. Gallop that for future
21 reference, he wanted to clarify as to whether they would be
22 allowed to inspect the premises prior to the meeting and Mr.
23 Gallop said that the Commission is allowed to do that and that
24 they just then should disclose that they did inspect the premises
25 and identify what general impression they formed of what they
26 saw, and how their impression relates to their decision.
27
28 Mr. O'Donniley explained that this is a request for a
29 special use approval to use a warehouse building for the storage
30 of records and it is in association with a social services agency
31 which is permitted in the TODD(LI -4) district as a special use.
32 The Land Development Code (LDC) provides that special uses must
33 be approved by the City Commission after a public hearing and
34 receipt of a recommendation from the Planning Board, for the
35 purpose of determining the compatibility of the proposed use with
36 the surrounding neighborhood. The Planning Board, at its May 11,
37 2004 meeting, approved a motion recommending approval of the
38 request with the following conditions: (1) that the use of the
39 property is to be limited to records storage only; and, (2) that
40 the special use approval may be modified or revoked by the City
41 Commission if determined by the Director of Planning to be
42 adversely affecting the health or safety of persons residing or
43 working in the vicinity of the proposed use. In addition, Mr.
44 O'Donniley recommended that the site plan be attached to the
45 resolution for reference.
46
47 Before opening for public hearing, Mr. Gallop asked Mr.
48 O'Donniley three questions: (1) In your professional opinion, is
49 the application for this permit consistent with the Comprehensive
50 Plan of the City of South Miami; (2) Will these conditions make
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1 the application consistent with the applicable requirements of
2 the Land Development Code (LDC) ; and, (3) Are these conditions
3 necessary to make it consistent with the LDC. Mr. O'Donniley
4 responded affirmatively to the three questions.
5
6 Mr. Tucker Gibbs, attorney representing Morris Investment
7 Trust and the Fellowship House, addressed the Commission on this
8 issue by saying that his clients agree with all of staff's
9 conditions. He said that this is being requested to meet federal
10 storage requirements for this facility. Also, that this space is
11 not going to be used for additional services or for additional
12 clients. As our letter of intent indicates, Mr. Gibbs said, the
13 Fellowship House is going to reduce its client population by 120
14 clients over the next 12 months, in response to the neighbors
15 concerns and also the City's.
16
17 The public hearing was opened and closed with no speakers.
18
19 Commissioner Sherar said that he would suggest allowing them
20 16 months to reduce the clientele.
21
22 Commissioner Wiscombe said that he is happy to hear that
23 they are reducing its population because there has been an issue
24 with the community and with the particular area of Commerce Lane.
25 He said that he favors the 12 months to reduce the population.
26
27 Commissioner Sherar then proposed an amendment to limit the
28 number of members. Mayor Russell said that the number of members
29 is not the issue tonight. Mr. Gibbs said that the _recommendation
30 from the Planning Director to attach the floor plan to the
31 resolution will take care of that concern.
32
33 Commissioner Sherar then moved to amend the resolution by
34 _addi.ng_.S_ecti.on 3, to read: that Fellowship_ House shall not have a
35 membership of more than 306 members after July 1, 2005. The
36 motion died for lack of a second.
37
38 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
39 the motion to approve this item, including the attachment of the
40 proposed site plan for the record, passed by a 4 -1 vote.
41
42 Commissioner Wiscombe: Yea
43 Commissioner Sherar: Nay
44 Vice Mayor Palmer: Yea
45 Commissioner Birts- Cooper: Yea
46 Mayor Russell: Yea
47
48
49
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1 RESOLUTION (S)
I
3 Resolution No. 88 -04 -11867
4 7. A RESOLUTION OF THE MAYOR AND CITY - COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
6 MANAGER TO DISBURSE THE SUM OF $8,676.78 TO MEARS MOTOR
7 LEASING FOR THE PURCHASE OF ONE 2000 FORD EXPLORER
8 POLICE K -9 VEHICLE, DISBURSEMENT OF THE FUNDS FROM
9 ACCOUNT NUMBER 1910 - 521 -4450 (PURCHASE /LEASE- POLICE
10 VEHICLES); AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
11 (City Manager)
12
13 Moved by Mayor Russell, seconded by Commissioner Sherar and
14 Vice Mayor Palmer to approve this item.
15
16 Commissioner Sherar, who pulled this item from the Consent
17 Agenda, asked the City Manager as to whether this purchase was
18 projected during the budget process of last year. Ms. Davis
19 indicated that we would still be within budget with this
20 purchase. He then said that he thought that we had gotten rid of
21 the dogs. Chief Martinez said that we still have a dog and we
22 will be getting a second one, and that we do need the dogs.
23
24 With no further questions or comment, the motion to approve
25 this item passed by a 5 -0 vote.
26
27 Commissioner Wiscombe: Yea
28 Commissioner Sherar: Yea
29 Vice Mayor'Palmer: Yea
30 Commissioner Birts- Cooper: Yea
31 Mayor Russell: Yea
32
33
34 Resolution No. 89 -04 -11868
35 8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
36 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
37 DISBURSE $5,607.00 TO LEADEX CORPORATION FOR THE
38 INSTALLATION OF A SWING SET AT MURRAY PARK TO BE
39 CHARGED TO NON - DEPARTMENTAL GENERAL CONTINGENCY ACCOUNT
40 NUMBER 001.2100.519.9920; PROVIDING AN EFFECTIVE DATE.
41 (City Manager) 3/5
42
43 Moved by Mayor Russell, seconded by Vice Mayor Palmer to
44 approve this item.
45
46 Commissioner Sherar, who also pulled this item, said to have
47 a problem with this purchase coming out of the Contingency
48 Account. Ms. Davis said that this is exactly what this account is
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1 for. For eventualities which arise throughout the year for which
2 we are not specifically budgeted. He said that Palmer Park still
3 does not have swings. However, there is a swing set at Marshall
4 Williamson Park, which is nearby.
5
6 Mayor Russell said that Murray Park is a beautiful facility
7 and the swing set is one of the components to make it complete.
8 Moreover, she said that in 2001 the Commission approved a
9 purchase order for a swing set, and it is part of the grand
10 master plan. However, the money was diverted to complete Phase I
11 on the $7,000 budget.
12
13 Commissioner Birts - Cooper concurred with the Mayor, saying
14 that this will make the park complete and will contribute to have
15 the whole family there while watching the children play.
16
17 Commissioner Wiscombe said that he also would like see the
18 project of Murray Park complete, and this is within the reach. He
19 said that he is also as conscientious of the budget as anyone
20 would be and that he would be the first one to express a concern
21 when it comes to overspending.
22
23 With no further questions or comment, the motion to approve
24 this item passed by a 4 -1 vote.
25
26 Commissioner Wiscombe: Yea
27 Commissioner Sherar: Nay
28 Vice Mayor Palmer: Yea
29 Commissioner Birts- Cooper: Yea
30 Mayor Russell: Yea
31
32 Resolution No. 90 -04 -11869
33 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF- SOUTH- MIAMI, FLORIDA, AUTHORIZING THE CITY
35 MANAGER TO APPROVE A SPECIAL EVENT PROVIDED BY TEAM
36 FOOTWORKS FOR A TWILIGHT 5 K RUN /WALK RACE TO BE HELD
37 ON SATURDAY, JUNE 12, 2004, LOCATED ALONG SW 58 AVENUE
38 & CLOSING THE STREETS BETWEEN SW 74 & SW 73 STREET,
39 FOLLOWED BY AN EVENING JAPANESE FESTIVAL LOCATED ON THE
40 FLAG -LOT OF FIRST NATIONAL BANK OF SOUTH MIAMI;
41 PROVIDING AN EFFECTIVE DATE. 3/5
42 (City Manager)
43
44 Moved by Mayor Russell, seconded by Commissioner Birts
45 Cooper to approve this item.
46
47 Vice Mayor Palmer, who pulled this item from the Consent
48 Agenda, said she needed to know how much this will cost the City.
49
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12
1 Mayor Russell explained that this will not cost us anything
2 since the applicant is covering all the costs.
3
4 Commissioner Sherar asked as to how it was determined that
5 the fee would be distributed to the Community Center. Mr. Ricke
6 explained that several years ago a policy was developed by the
7 City providing that any of the street closure funds for these
8 types of events would go to the Community Center, and more
9 specifically to the After - School program.
10
11 Mayor Russell then urged everyone to attend this special
12 event which will be a lot of fun, she said.
13
14 With no further questions or comment, the motion to approve
15 this item passed by a 5 -0 vote.
16
17 Commissioner Wiscombe: Yea
18 Commissioner Sherar: Yea
19 Vice Mayor Palmer: Yea
20 Commissioner Birts- Cooper: Yea
21 Mayor Russell: Yea
22
23
24 Resolution No. 91 -04 -11870
25 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGAL
27 SERVICES; DIRECTING ADMINISTRATION TO INITIATE A
28 REQUEST FOR PROPOSALS FOR LEGAL SERVICES FOR THE CITY
29 OF SOUTH MIAMI; PROVIDING AN EFFECTIVE DATE. 3/5
30 (Commissioner Sherar)
31
32 Moved by Mayor Russell, seconded by Commissioner Wiscombe to
33 approve this item.
34
35 Vice Mayor Palmer, who also pulled this item from the
36 Consent Agenda, said that she wanted some clarification on this.
37
38 Commissioner Sherar explained that this is to request
39 proposals for legal counseling, basically to replace the present
40 City Attorney. He indicated that in his opinion Mr. Gallop's rate
41 is way below the market rate and that he doubts that the City
42 will be able to find an attorney willing to work for a lower fee.
43 He then asked Mr. Gallop what is his rate and Mr. Gallop
44 responded that since he might have a financial interest, he does
45 not feel comfortable participating in this discussion because of
46 the conflict of interest. Commissioner Sherar said that he thinks
47 that Mr. Gallop's rate is $175 -$185 which is significantly low.
48
REGULAR CITY COMMISSION 13
MINUTES - June 1, 2004
1 Mayor Russell said that the Budget and Finance Committee of
2 last year also recommended that the Commission should take a look
3 at this issue.
4
5 Ms. Davis said that when a similar resolution was passed
6 last year, a list of people was given to her to sit on the
7 selection panel. None of these people on the list were interest
8 in the task, therefore she asked the Commission again to give her
9 some more names and she never received a response. Subsequent to
10 that, the Mayor at the time told her to drop it, she added.
11
12 Commissioner Wiscombe said that he would not want to have
13 the City Manager involved in selecting the panel.
14
15 Mayor Russell then referred to section (3) under the
16 Guidelines of the RFP, proposing to strike out the following
17 language:
18 standards e t E}� -epeel by -th G, ,a,� ' a +
. n- cm�ccr- — c�-�i. �—co 1_=, =, = ,. �, , i �ren —ze
19 e�,-dmstinq law eL= ethnieal guidelines.
20
21 Moved by Mayor Russell, seconded by Commissioner Sherar to
22 amend the RFP to strike the following language under Section 3 of
23 the Guidelines of the RFP: "will be subject to strict conflict of
24 interest standards to be developed by the Commission, in addition
25 to existing law or ethnical guidelines. Among other things." The
26 motion passed by a 5 -0 vote.
27
28 Commissioner Wiscombe: Yea
29 Commissioner Sherar: Yea
30 Vice Mayor Palmer: Yea
31 Commissioner Birts- Cooper: Yea
32 Mayor Russell: Yea
33
34 With no further questions or comment, the motion to approve
35 this item as amended passed by a 5 -0 vote.
36
37 Commissioner Wiscombe: Yea
38 Commissioner Sherar: Yea
39 Vice Mayor Palmer: Yea
40 Commissioner Birts - Cooper: Yea
41 Mayor Russell: Yea
42
43
44
45 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
46
47 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
48 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
REGULAR CITY COMMISSION 14
MINUTES - June 1, 2004
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
IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Sherar and
Vice Mayor Palmer to approve this item.
Mr. O'Donniley explained that this issue became a priority
in August, 2003 when an adult establishment opened for business
at 5922 South Dixie Highway. The City Attorney has done some
background work, concluding that we must allow for adult
entertainment to locate within the City. He then explained that
the proposed ordinance has four basic components: (1) The whereas
clauses; (2) Ten definitions of common terms used in the adult
entertainment business; (3) The permitted use schedule; and, (4)
Regulations applicable to the adult entertainment business. He
then explained the reason as to why staff is recommending that
the mandatory distances between an adult entertainment
establishment and schools, churches, and residences be reduced
from 500 feet to 300 feet; and the distance between adult
entertainment establishments be reduced from 750 feet to 300
feet.
At this point the public hearing was opened and the
following speakers expressed their opinion:
David Tucker, Sr.
Cathy McCann
Shirley Hubner
Yvonne Beckman
Alan Mobley
Cal Rosenbaum
Dick Ward
Beth Schwartz
The main concern expressed by most of the above speaker was
the proposed reduction from 500 to 300 ft in the distance
separation from the establishment, as well as the inclusion of
the GR in the allowable zoning.
REGULAR CITY COMMISSION 155
MINUTES - June 1, 2004
1 Commissioner Wiscombe said that he was rather displeased
2 when he saw the GR included in the proposal. He said that these
3 establishments are detrimental to the well being of the City. He
4 said that every block in this community has become a valuable
5 piece of investment and this is going to do nothing to protect
6 those investments. He said that he would not support this item,
7 and there is no way that he will include GR on this. He said that
8 upon conducting some research on the internet he has found that
9 some communities have even limited the number of establishments.
10 Therefore, there are different angles that he would like to look
11 at and that he might give some suggestions to the Planning Board,
12 this is not lot splitting, or passing a variance so that we can
13 build a bigger house, this is something that is going to affect
14 the very fiber of our community and the quality of life as it
15 exists. He then said that he will recommend that GR is dropped
16 from this and that the Planning Board do some further research on
17 this because there is more work to be done.
18
19 Mr. O'Donniley indicated that one of the reasons that we are
20 here tonight with this proposal is because Mr. Youkilis has been
21 approached by two potential applicants in the last three months
22 and he has been approached by three. This is an imminent problem
23 facing the City of what might occur, since as it is we have no
24 regulatory scheme, and the best legal advice is that we need one,
25 and it is for this reason that we have come forward with it, Mr.
26 O'Donniley added. He said that the difference between the GR
27 district and the TODD district is that one would tend more to
28 disperse whereas the other would tend to concentrate. With the
29 300 feet we estimate that there are potentially less than seven
30 qualifying sites in both districts.
31
32 Mayor Russell said that the staff recommendations are
33 completely unacceptable: including GR and decreasing the
34 distances, so you can strike that right now, she said. She
35 referred to the third `whereas' clause in the proposed ordinance
36 alluding to the fact that these establishments degrade the
37 quality of life in the community where they are located, with
38 impacts including increased levels of crime. She said that she
39 has talked briefly with the City Attorney about the fact that we
40 already have one adult entertainment establishment in South
41 Miami. Can we make the restricted distance guidelines encompass
42 an area that does not include an entire zoning district, and
43 allow that business to operate, make that the zone, make that the
44 location and be done with that once and for all. I do not want to
45 see the distance between these establishments decreasing. The
46 2500 feet distance from schools is very important. She said that
47 she does not see why we are giving them an opportunity for seven
48 locations when we have one already.
49
REGULAR CITY COMMISSION 16
MINUTES - June 1, 2004
1 After a brief recess at approximately 10:45 p.m., to allow
2 the City Clerk to replace a faulty audio tape, the meeting
3 resumed.
4
5 Mayor Russell said that one of the things that the City
6 Attorney recommended months ago is to do a study to see what is
7 available outside the City limits that would contribute to our
8 meeting the requirements of adult entertainment facilities. She
9 said that she will ask the City Manager to find the money in
10 order to conduct this study. However, she said that she wanted
11 this Commission to understand, as we deliberate on this tonight,
12 that if we do not pass this ordinance tonight on first reading,
13 then the `flood gates' will be wide open tomorrow morning for any
14 applicant who would like to come forward and submit an
15 application. She said that they should be ready to pass this
16 ordinance excluding GR and maintaining the proper distance
17 between locations, pending a study which we will do expeditiously
18 on what else is available near the City of South Miami, and then
19 sending it back to the Planning Board with the new information to
20 help us decide the best way to go.
21
22 Mayor Russell then asked the City Attorney to provide
23 further information from the legal standpoint.
24
25 Mr. Gallop first referred to the inference made by some
26 speakers regarding the notice given and whether it was not
27 sufficient. He said that on preliminary review, the notice seemed
28 to be adequate, however, in response to comments which were made
29 as to whether or not specific zoning districts should be
30 identified and noticed, he said that they would go back and take
31 another specific look at that and give the Commission advice as
32 to whether or not that particular notice is adequate. He then
33 proceeded to inform the Commission on the principles of law, and
34 referred to a couple of court cases, submitting copies to the
35 Commission and to the Clerk for the records. He said that these
36 cases very well state the law which we are following. In
37 conclusion, Mr. Gallop said that his recommendation to the
38 Commission is that they do not refrain from taking action, but to
39 rather look at the criteria on which this ordinance is based and
40 change it. He said that the seven spaces mentioned tonight which
41 might be available for these establishments is something that can
42 be worked with. Seven may be greater than the constitutional
43 minimum requirements, advising that TK Promotions, under case law
44 can not be counted because of the nature of the agreement with
45 the particular entity. He said that he would suggest that the
46 prudent course is to allow at least one site and to make a
47 rational determination of how many sites greater than that you
48 would be willing to defend a suit in court. Mr. Gallop then
49 mentioned a comment that was made that this should be handled by
50 special exception. He then quoted the Court on the `Lady J.
REGULAR CITY COMMISSION 17
MINUTES - June 1, 2004
1 Lingerie' case, which has been cited many times, adding that
2 standards must be precise and objective.
3
4 Moved by Mayor Russell, seconded by Vice Mayor Palmer, the
5 motion to extend the meeting beyond 11:00 p.m. passed
6 unanimously.
7
8 Commissioner Birts- Cooper said that it is irritating that
9 our City is being targeted because we have no regulations in
10 place for this. She said that this is a very small community to
11 even think of more than three of these establishments. She said
12 to be totally opposed to this.
13
14 Vice Mayor Palmer said that there is no way that this type
15 of establishment will help the CRA area. This will definitely
16 have a negative impact in the area.
17
18 Commissioner Sherar said that the Constitution of the United
19 States is not a very popular document until you realize that the
20 reason why all religious denominations in the country can
21 practice their religion stems from the same rule which allows
22 people to set up adult bookstores, and it is called the First
23 Amendment. People have a decision to make, either to support the
24 Constitution or not to support the Constitution. He said that the
25 founding Fathers were just trying to protect not what is popular
26 but rather what is not popular, because the thing that makes
27 democracy strong is because we are all allowed to express our
28 ideas no matter how offensive they might be. He said that he will
29 work towards an ordinance which will be legally sufficient in
30 order to avoid future problems. He then referred to the 2500 feet
31 distance of these establishments from schools, and Mr. Gallop,
32 said that Florida Statutes authorizes the cities to change the
33 2500 foot rule by adopting an ordinance consistent with the
34 latest requirements for changing the list of approved uses which
35 is the process that the City is following in this case. At the
36 last legislative session, an amendment was introduced in both the
37 House and the Senate to take that authority away from the cities
38 but that amendment did not make it to the floor for debate;
39 however, that amendment might be introduced again in the next
40 session. So at this point, the City is authorized to change the
41 2500 foot rule. Commissioner Sherar asked as to whether the
42 reason for not getting to the floor was because it was a zoning
43 issue and Mr. Gallop said that he did not know this.
44
45 Mayor Russell said that the first thing that they need to do
46 is to direct the City Manager to prepare a resolution regarding
47 the cost for a study to analyze other adult facilities within a
48 radius to be determined by the Planning Department for the
49 purpose of this discussion, and then we will send that
50 information to the Planning Board for their review and
REGULAR CITY COMMISSION 18
MINUTES - June 1, 2004
I recommendation. She then asked Mr. Gallop to be at that Planning
2 Board meeting to present this case to the Planning Board members
3 ahead of time so that they can become very well versed in it.
4
5 Commissioner Sherar then asked Mr. Gallop as to whether the
6 resolution as it is currently drafted is defensible. Mr. Gallop
7 said that he thinks it is defensible but that it is on the
8 liberal side. He said that in his judgment, the range of the
9 constitutional minimum is going to be between 1 -2 sites within
10 the City. He said that the smaller the number of those the
11 greater invitation to litigation. Commissioner Sherar then had
12 questions regarding the distances. Mr. Youkilis indicated that
13 Valencia was used because if any building is 50 percent
14 residential use is considered a distance measurement, which made
15 the circle come out pretty far and that is why they proposed to
16 reduce the 500 to 300 feet.
17
18 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
19 to amend the resolution as follows: on pages 6 and 7, item D(1),
20 line 36, to change 300 to 500 feet; on line 37, to change 300 to
21 500 feet; on line 40, to change 300 to 500 feet; on line 43, to
22 change 300 to 750 feet; Section 7, page 7, strike `GR or.' The
23 motion to amend the resolution passed by a -5 -0 vote.
24
25 Commissioner Wiscombe: Yea
26 Commissioner Sherar: Yea
27 Vice Mayor Palmer: Yea
28 Commissioner Birts- Cooper: Yea
29 Mayor Russell: Yea
30
31 Mayor Russell, by acclamation, directed the City Manager to
32 bring back a resolution next week with a proposal for a study to
33 analyze other adult facilities and zoning within a certain radius
34 of the City.
35
36 Mayor Russell reiterated that the proposed study will be
37 sent to the Planning Board for their review and recommendation
38 before it comes back before the Commission for second reading.
39
40 Commissioner Sherar expressed some concern with delaying
41 this process and Commissioner Wiscombe said that since the City
42 is dealing with the issue that he does not think that there
43 should be a problem with respect to any new applications.
44
45 Mr. Gallop said that Section 7 which states that
46 applications of this type will not be accepted by the City after
47 the approval of this ordinance on first reading could be used as
48 a prior restrain. However, in order to avoid a decision of
49 illegality he recommended the Commission to proceed with the
REGULAR CITY COMMISSION 19
MINUTES - June 1, 2004
1 study and send it to the Planning Board as quickly as possible
2 Mayor Russell indicated that it is the Commission's intention to
3 do this expeditiously.
4
5 Commissioner Sherar asked as to whether the parking
6 requirements are consistent with the requirements of the most
7 number of spaces. Mayor Russell then said that there is time to
8 investigate that and asked staff to bring the information back
9 for second reading. She then asked Commissioner Sherar to
10 investigate further, together with the City Manager and staff the
11 aspect of this and to make it more restrictive and we will go
12 from there.
13
14 With no further questions or comment, the motion to approve
15 this item as amended passed by a 4 -0 vote.
16
17 Commissioner Wiscombe: Yea
18 Commissioner Sherar: Yea
19 Vice Mayor Palmer: Yea
20 Commissioner Birts- Cooper: Out of the Room
21 Mayor Russell: Yea
22
23
24 ORDINANCE (S) FIRST READING
25
26 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO.
28 15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING
29 SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET
30 AND FINANCE COMMITTEE; AMENDING MEMBERSHIP
31 REQUIREMENTS; AMEENDING DUTIES AND RESPONSIBILITIES;
32 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
33 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
34 (Mayor Russell)
35
36 Moved by Mayor Russell, seconded by Vice Mayor Palmer and
37 Commissioner Sherar to approve this item.
38
39 Commissioner Wiscombe said to have very serious problems
40 with this item. He said that he saw absolutely no conflict with
41 the non - interference clause since this is an advisory board to
42 the Commission to help them deal with the budget and how to
43 approach the budget with the City Manager. It is just to make a
44 recommendation. The second thing is that cutting the Commission
45 out of receiving advice directly from the committee is not a
46 responsible thing since it is the Commission who makes the
47 decision on the budget and guides the City Manager to bring the
48 budget in line as necessary. He said that he feels that this
REGULAR CITY COMMISSION 20
MINUTES - June 1, 2004
1 ordinance weakens the power of the Commission. He said that the
2 last time the Commission was able to bring anybody to the Mayor
3 whom they thought would be worthy enough to work on this
4 particular board. He said that the Commission needs the input of
5 this committee coming directly to them so that they can ask the
6 questions. He said that this is an advisory board to them and not
7 to the City Manager. He also said that he does not agree with
8 reducing the members from nine to five.
9
10 Vice Mayor Palmer said that the Budget Committee did a good
11 job last year, considering that the City was going through some
12 tough times. She said that there should be a balance as far as
13 the power is concerned.
14
15 Commissioner Wiscombe then referred to Section l(a), line 48
16 of the ordinance, where it is being proposed to reduce the nine
17 members to five, also requiring being residents of the City,
18 thereby restricting certain individuals who might have good
19 financial background but since they do not reside in the City
20 they no longer qualify. He said that there were people in the
21 committee last year who might not be residents but they gave us
22 very good advice.
23
24 Mayor Russell then referred to another clause in the
25 ordinance where she is including representatives of the local
26 business community as well.
27
28 Commissioner Sherar concurred with Commissioner Wiscombe as
29 to the need to revise the language of the ordinance.
30
31 Commissioner Birts- Cooper also concurred with Commissioner
32 Wiscombe, saying that if the committee did a good job last year
33 she does not see the need to change anything.
34
35 Commissioner Wiscombe said that he finds a conflict with the
36 proposed terms of an advisory committee which will be making
37 suggestions or advice to the City Manager on a budget that she
38 has to implement.
39
40 Ms. Davis said that she discussed this with the attorney and
41 that there is a provision in her interference clause about
42 finances.
43
44 Commissioner Sherar said that perhaps reducing the number of
45 members to five would be more manageable. He also said that if
46 government is going to run efficiently, it has to have a chain of
47 command, and the Budget Committee was kind of disruptive last
48 year.
49
50
REGULAR CITY COMMISSION 2 1
MINUTES - June 1, 2004
1 Commissioner Wiscombe reiterated that he does not think that
2 the Committee should be reporting to the City Manager, but that
3 they should be reporting to them (the Commission). Mayor Russell
4 said that she thinks that she finds that reasonable and that she
5 will work on incorporating that as well as the _other suggestions.
6 He then said that he would like to ask the Mayor to take this
7 back and bring it back to the next meeting.
8
9 Vice Mayor Palmer said that the Committee should be reduced
10 to five members and that something needs to be done about the
11 recruiting issue.
12
13 Commissioner Wiscombe suggested that the Committee should be
14 directed to put any request to the City Manager for information
15 in writing instead of taking up her time. He also said that he
16 would like to see some of those board members return because they
17 have previous experience.
18
19 Moved by Commissioner Wiscombe, seconded by Mayor Russell,
20 the motion to table this item passed by a 4 -1 vote.
21
22 Commissioner Wiscombe: Yea
23 Commissioner Sherar: Nay
24 Vice Mayor Palmer: Yea
25 Commissioner Birts- Cooper: Yea
26 Mayor Russell: Yea
27
28
29 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
31 SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF
32 ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS
33 JAND MAYOR - ESTABLISHED" TO ALLOW FOR AN INCREASE IN
34 COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY,
35 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
36 (Commissioner Sherar)
37
38 Moved by Commissioner Sherar, seconded by Mayor Russell to
39 approve this item.
40
41 Commissioner Sherar said that one of the reasons for this
42 ordinance is because the time it takes to run the City is
43 becoming more and more complicated, and this proposal is being
44 done in an effort to get quality people to serve. He said that
45 contrary to what the Charter or anybody says, the Mayor is the
46 leader of the community, she /he spends more time than the rest of
47 the Commissioners and she /he should be compensated for that. He
48 also indicated that Section 5 needs to be amended because it
REGULAR CITY COMMISSION 2 2
MINUTES - June 1, 2004
1 should reflect that this ordinance will take effect after the
2 next election cycle.
3
4 Moved by Commissioner Sherar, seconded by Mayor Russell, the
5 motion to amend the ordinance to reflect FY 2006 -07 under Section
6 5 ordinance passed by a 5 -0 vote.
7
8 Commissioner Wiscombe: Yea
9 Commissioner Sherar: Yea
10 Vice Mayor Palmer: Yea
11 Commissioner Birts- Cooper: Yea
12 Mayor Russell: Yea
13
14 Commissioner Wiscombe thanked Commissioner Sherar for this
15 well overdue ordinance.
16
17 With no further questions or comment, the motion to approve
18 this item as amended passed by a 5 -0 vote.
19
20 Commissioner Wiscombe: Yea
21 Commissioner Sherar: Yea
22 Vice Mayor Palmer: Yea
23 Commissioner Birts- Cooper: Yea
24 Mayor Russell: Yea
25
26 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING
28 BOARD, AMENDING SECTION 20-6.1(B)(2) OF THE SOUTH MIAMI
29 LAND DEVELOPMENT CODE, IN ORDER TO ALLOW SPECIAL
30 MEETINGS OF THE BOARD TO BE CALLED WHEN CIRCUMSTANCES
31 PREVENT A REGULARLY SCHEDULED MEETING FROM BEING HELD;
32 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
33 CONFLICT; AND PROV -=NG_ AN EFFEC_T_IVE DATE. 3/5
34 (City Manager)
35
36 Moved by Vice Mayor Palmer, seconded by Commissioner
37 Wiscombe to approve this item.
38
39 Mr. O'Donniley explained that the City's Zoning Task Force
40 in 2002 recommended the implementation of a specific provision
41 which would allow for special meetings of the Planning Board.
42 This amendment would allow for the Planning Board to hold one
43 meeting on the third Tuesday in June.
44
45 Ms. Boutsis recommended to add the word `applicants' to
46 subsection (e), to make sure that the applicant has received
47 notice of the meeting.
48
REGULAR CITY COMMISSION 23
MINUTES - June 1, 2004
1
Moved by
Mayor Russell, seconded by
Commissioner Wiscombe,
2
the motion
to amend line 38 under
Section 2(e) to add
3
`applicants,'
passed by a 5 -0 vote.
4
5
Commissioner Wiscombe:
Yea
6
Commissioner Sherar:
Yea
7
Vice Mayor Palmer:
Yea
8
Commissioner Birts - Cooper:
Yea
9
Mayor Russell:
Yea
10
11
With no
further questions or comment,
the motion to approve
12
this item as amended passed by a 5 -0 vote.
13
14
Commissioner Wiscombe:
Yea
15
Commissioner Sherar:
Yea
16
Vice Mayor Palmer:
Yea
17
Commissioner Birts- Cooper:
Yea
18
Mayor Russell:
Yea
19
20
21
22 COMMISSION REMARKS
23
24 Commissioner Birts- Cooper thanked all the residents for
25 coming out tonight and for sharing their thoughts on the
26 different issues. She said that she would like to see more
27 residents coming out and supporting the Commission.
28
29 Vice Mayor Palmer also thanked everybody for their support.
30
31 Commissioner Sherar said that since someone had said that he
32 had misquoted former Commissioner Bethel, he pulled the January
33 6, 2004 minutes. This is about the remarks that the former
34 Commissioner made regarding the exercise equipment donated to the
35 Community Center by the University of Miami, quoting from the
36 minutes: "Commissioner Bethel said that he hoped that when UM
37 comes to our City for help we would be as courteous to them as
38 they were to us." About the former Mayor Feliu he said that he is
39 a good man. He also said, however, that the day before the
40 election Feliu was a public official, and Ron Stroyne was a
41 contractor for the City. If Horace Feliu had not taken the check
42 nothing would have happened, he added.
43
44 Commissioner Wiscombe thanked all the veterans who have
45 served this country. With regard to some of the comments which
46 were made this evening, he said that some people made some very
47 independent decisions that affected the election. He said that it
48 is awful that an employee felt confident enough to break the
49 chain of command. The excuse that there was a new manager and a
REGULAR CITY COMMISSION 2 4
MINUTES June 1, 2004
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new police chief is not a good excuse. He said that he would hope
that the Manager would come back to this particular Commission
with a report as to what happened, why it happened, and who was
involved, because it is my understanding that there were more
people involved, so that we can get everything out in the open.
As Mr. Tucker would say: "the truth will set you free," and I
really feel that we need to get to the bottom of this and put it
behind us for good. He said that there is a sincere and deep
concern within the community and he does not think that we should
negate that.
Mayor Russell thanked Commissioner Wiscombe for his comments
about Memorial Day and to Mr. Tucker for the way he opened the
meeting for us tonight. She then said that right after the
election she put together an Ad Hoc Committee and that she will
have a report for the Commission from that Committee, they will
be holding a meeting soon to present their findings to us, and
the meeting will be open to the public. She said that when she
has the report she will have the list of members of that
Committee. She then announced a few upcoming events in the City:
The Royal Poinciana Fiesta on June 5th and 6th; Madison Square
Saturdays, which is a continuation of the Farmer's Market, at the
corner of SW 59th Place and SW 64th Street, with fresh produce and
much more; the 5 -K Run on Saturday, June 12th along SW 58th Avenue
between SW 74th and SW 73rd Street; and, the South Miami Come
Together on June 19th at the Community Center, and they are
asking for donations and volunteers.
There being no further business to come before this Body,
the meeting adjourned at 12:24 P.M.
Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - June 1, 2004
25
Approved
Mary Scott Russell
Mayor