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07-20-04 Item 1a4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, June 8, 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 Luis Figueredo, and City Clerk Maria M. 19 Menendez. 20 21 B. Presentation(s) 7:00 p.m. 22 23 1) Chief's Award presented by the Police Department 24 25 Police Chief Martinez and Assistant Chief Mills presented 26 the Chief's Award to Officer Henry Guzman. Chief Mills said that 27 besides deserving this Award, they also received two letters 28 commending Officer Guzman, one from a citizen and another from 29 Mayor Russell. This is the highest award being presented directly 30 by the Police Chief. 31 32 Assistant Chief Mills then referred to the different 33 programs that they run and urged anyone interested in getting 34 further information to contact him or the Police Department for 35 getting .involved in these programs. 36 37 2) Parking Committee Report 38 39 Mr. Jay Beckman, representing the Parking Committee, 40 presented the "Review of Parking Management Plant Hometown 41 Overlay District. He explained that the report is a 42 comprehensive plan, which they prepared by getting all of the 43 elements involved with the parking plan. There are three parts to 44 the plan: Parking Management; Parking Supply and Parking 45 Regulations. The latter will follow up on this report. On the 46 report, Mr. Beckman explained, they address both current and 47 future needs. They also formulate recommendations in a format REGULAR CITY COMMISSION 1 MINUTES - June 8, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 that would be easy to change as conditions change. Mr. Beckman continued to present further explanations to the Commission. Commissioner Sherar asked Mr. Beckman about the status on the decal program. Mr. Beckman said that what the Committee is recommending is that the on- street decal program be terminated and that the employees parking be concentrated in garages. Commissioner Sherar then referred to the dual program where there were certain meters which could be both used by people with decals (not having to feed the meters), and those without decals that would have to feed the meters. At this time, the Commission discussed the decal program and other parking issues a little further with Mr. Beckman. At the conclusion of the presentation Mayor Russell thanked Mr. Beckman, extending her appreciation to all members of the Committee for their dedication and efforts: Alex Abril, Albert Elias, Shirley Huebner, Sharon McCain, Alfonso Perez and David Silver. At this point, starting with Mayor Russell, all the Commissioners expressed their condolences and kind words towards the Honorable, former Commissioner David Bethel, who passed away earlier this month. The Mayor also took a moment to announce Commissioner Bethel's funeral services. Ms. Davis and Mr. Gallop joined the Commission in their own way to remember the late Commissioner. C. Invocation: The invocation was delivered by Vice Mayor Palmer in remembrance of Commissioner Bethel. D. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Minutes of June 1, 2004 Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to approve the minutes passed by a 5 -0 vote. REGULAR CITY COMMISSION MINUTES - June 8, 2004 Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea oil 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2. City Manager's Report: a) Review of procedural matters in the Police Department relating to the investigation of the former Mayor. Ms. Davis explained that at the request of Commissioner Wiscombe, she has reviewed the procedures involved with investigations and the conduct of Detective Frank Gilbert. She said that the question which was directed to her the most was how can a detective bypass the Police Chief and go to the State Attorney without the Chief's knowledge. That is really standard operating procedure for law enforcement officers and is common place, and almost on a daily basis they are in contact with the State Attorney's office to determine whether there is probable cause and whether there is enough cause to arrest someone. She said that she has discussed the whole matter with the Police Chief, and based on the results of their inquiry into this matter, she sees no basis for any additional action on the part of the City's administration. Ms. Davis then reiterated that Detective Gilbert just followed standard protocol in this case. b) Response to the Mayor's request relating to adult facilities, identifying a radius to be studied. Mr. O'Donniley said that this is a follow up on the direction of the Commission from the previous meeting where the Adult Entertainment Ordinance was approved on first reading. Staff was directed to present the cost estimate for conducting a study relating to the maximum number of establishments that could be located in the City, taking into consideration the location of these uses in surrounding jurisdictions. Staff concluded that the estimated cost for conducting this type of survey would be approximately $5,250 (70hrs x $75). Staff is therefore recommending that the City Commission authorize the Planning Department to utilize outside consultants, if necessary, to assist in the field and research work. Commissioner Sherar asked Mr. Gallop as to whether the study would help us in lessening the impact on this issue. Mr. Gallop said that the study would help in the event that the City decides to restrict the amount of these establishments to be allowed within its boundaries, adding that a five -mile radius is a good radius to use. Mr. Gallop also suggested that the study should be conducted by someone who would serve well as a witness in case he /she is called to testify. Commissioner Sherar opined that $75 an hour is quite high and suggested that a UM student might do the job just as well. Mayor Russell said that the future of the City's zoning is at stake here and that the Commission has the responsibility to REGULAR CITY COMMISSION 3 MINUTES - June 8, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 make sure that all our basis are covered and that we bring it back to the Planning Board and to the Commission for a final reading. Commissioner Wiscombe said to concur with the City Attorney that this is a difficult issue and that an expert is needed. Vice Mayor Palmer asked Mr. Gallop how important this study showing the number of surrounding establishments would be for the City. Mr. Gallop explained that this would be very important in order to proof that the City has allowed sufficient expression for adult entertainment within a five mile radius. Therefore, he said that he believes that it is relevant to see what exist in Coconut Grove, Coral Gables, Pinecrest and Unincorporated Miami - Dade County within a five mile radius. Mayor Russell then gave direction to the City Manager to go ahead and assist Planning in hiring this person so that we have the process begun prior to our break, and then bring the resolution with the expenditure back to the Commission after the several weeks off. The direction was given to the City Manager by acclamation with all the Commission in favor. c) Parking Enforcement Contract Insurance Definition. Ms. Davis, as a follow up on Commissioner Sherar's inquiry from the previous City Commission meeting, explained for clarification that a typo had been found on the Contract, (item 18 on page 4 of 16), where instead of `-non- auto /insurance,' it should read "non -owned auto insurance." d) Update on the Shops at Sunset and the Valencia Apartments tax assessment. With regard to the Shops at Sunset, Ms. Davis explained that staff went back to the Assessor's office and obtained the statutes that Commissioner Sherar requested which dictate the confidentiality of the financial records of the Shops at Sunset. She mentioned that one of the major problems the Shops seem to have is that they are loosing their anchor stores. They actually have rent release going on for a lot of their lessees and they were able to submit significant documentation to demonstrate that their value and leases have dropped dramatically. Therefore, their assessment for 2003 is going to be $93 million. Furthermore, as the result of their review of the 2004 preliminary value, the Assessor is predicting that it will be at a considerably lower level than the 2003 preliminary value. With regard to the Valencia Place Apartments, and also as a follow up of Commissioner Sherar's request for the statutes that REGULAR CITY COMMISSION 4 MINUTES - June 8, 2004 1 demonstrate the reason why Valencia was able to avoid getting on 2 the 2003 tax roll partially, Ms. Davis explained that with 3 respect to residential property, they look at it as a `turn key' 4 operation. The residences of the building cannot be fully 5 occupied if they are still waiting for the fire system or 6 railings, etc. That is the statute that they are citing which 7 allows them not to have a portion of the building taxed for this 8 year. 9 10 There being no further comments or discussion, the City 11 Manager's Report concluded. 12 13 3. City Attorney's Report 14 15 Mr. Gallop referred to the Police procedure regarding 16 investigations. He said that his clarification is not directed 17 towards the Commission since they have been very upright and no 18 one has suggested imposing any penalties against Sgt. Gilbert or 19 Ron Stroyne, but that does not seem to be the case with other 20 people such as the ones that have come forward to the City 21 Commission meetings expressing discontent with the procedure of 22 the investigation. He said that he wanted to make it absolutely 23 clear that the people who participate in an investigation, 24 including the complaining person, have the absolute protection of 25 the statutes, providing that the City may not impose any 26 penalties against them for their participation in a lawful 27 investigation. Mr. Gallop said further that when he called the 28 State Attorney's office shortly after the arrest asking them 29 about timing, because timing was a matter of concern to everyone, 30 he was told by the attorney in charge that we "are damned if we 31 do and damned if we don't." Mr. Gallop said that he did not know 32 if any politics were involved, it is not my place to have any 33 opinion on that, he said. However, he reiterated that if someone 34 does have evidence that misconduct occurred, they should take the 35 evidence to the proper authority and he said he has given advice 36 to a number of people that the proper authority to investigate 37 the State Attorney's office would be the Governor's office who 38 can appoint a Statewide prosecutor, but it is not good to take 39 rumor or speculation, they need to take evidence to get the 40 Governor to invoke an investigation, otherwise it is just 41 complaining. 42 43 Mr. Gallop then reported that he had just received a 44 favorable order in the Rosenbaum vs. City of South Miami case. 45 There were four counts in the complaint. The court granted the 46 motion to dismiss with prejudice for three of the four counts, 47 allowing going for only the count where the allegation was made 48 in relation to the City's ordinance, which authorizes the City 49 Attorney to determine whether or not there has been adequate 50 public notice of the outside parking agreement. That claim is REGULAR CITY COMMISSION 55 MINUTES - June 8, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 based upon a theory that the guidelines are not sufficient to guide the City's actions in this matter. He said that even though the case is not over yet, he thinks that this is an extremely weak claim. On his last item to report, Mr. Gallop said that we have not taken any actions in connection with the assessment of the Shops at Sunset. He said that he had thought that Commissioner Sherar was going to get back to him with a name of an attorney to be considered. He said that his plan was to sit down with the attorney candidate and with the City Manager to talk about the cost of an attorney and the cost of an appraiser, and the likelihood to being able to have them to review those documents in a confidential setting to see whether it would be worthwhile for us to pursue the case. Commissioner Sherar then referred back to the Valencia Apartments issue saying that perhaps the City should do some investigation such as trying to find out from FPL when the meters of that place were turned on. Mayor Russell said that is a good idea, in conjunction with beginning to get a good look at all the documentation. Vice Mayor Palmer said to have a concern about the fact that the Shops at Sunset are not progressing, and asked as to whether it would be a wise venture to pursue litigation. Mr. Gallop explained that the objective is to make sure that the Shops at Sunset be paying its fair share of ad valorem taxes and right now we completely need to rely on the County to make that determination. Basically, the Shops have been reducing its assessment progressively for several years, and I think that it is the desire of the Commission to find out what really is going on to see whether that is a fair reassessment or not, Mr. Gallop added. Mr. Gallop said that we might need to hire an attorney in order to be able to evaluate the information that the appraiser has, since all that information is protected by statutes. Mayor Russell then by acclamation directed staff to go ahead with plan "A." There being no further comments or discussion, the City Attorney's Report concluded. REGULAR CITY COMMISSION MINUTES - June 8, 2004 PUBLIC REMARKS (5- minute limit) 1 Maria Gomez asked the Commission to please reschedule the 2 CRA meeting for some time in June or July since it had been 3 cancelled due to the upcoming funeral services of the late 4 Commissioner David Bethel. Ms. Gomez plans to submit the 5 warehouse project for review at the next CRA meeting. 6 7 Brenda Washington, a nurse student in the master's program 8 at the University of Miami, with a degree in public health 9 nursing, said to have been given an assignment to find one small 10 area in the community which can be improved and she has chosen SW 11 68th Street and SW 59th Avenue. She referred to the store by the 12 name of Joe's Market, next to the daycare her grandchildren 13 attend, saying that there is a constant puddle of water there. 14 She said that she has monitored this problem for five weeks, day 15 and night and the water is still there. She said that there is 16 also a lot of litter around the store. Ms. Davis asked as to 17 whether the puddle is on private or public property. Ms. 18 Washington said that it is on public property. 19 20 John E. Smith expressed sympathy and said some kind words 21 about Commission Bethel. He then referred to the problems with 22 the Shops at Sunset. He said that we really need to look at what 23 the potential development rights are on that property. 24 25 Eda Harris, asked as to whether finding one of the people 26 that was involved in the arrest of former Mayor Feliu was 27 actually involved in election tampering, if that would be a 28 violation. Mr. Gallop replied that election tampering is a 29 criminal violation and anyone having evidence of election 30 tampering should report it to the proper authority which in this 31 case would be the State Attorney's office. Ms. Harris then 32 continued to refer to this issue, asking as to whether the City 33 has requested transcripts from the State Attorney's office on the 34 trial and Ms. Davis responded that she has. As Ms. Harris 35 continued with numerous questions, Ms. Davis recommended for her 36 to submit her questions in writing and that she would be happy to 37 answer them. Commissioner Sherar said that the cost of the 38 transcripts might be high and Ms. Davis said that she is 39 interested in reading the entire transcripts because of other 40 comments that were made. 41 42 Dick Ward referred to the passing of Commissioner Bethel 43 saying that he will be missed. He then referred to the new 44 signage for the Booby Trap (Gentlemen's Club) but that the name 45 in the paper still reads `Booby Trap' of South Miami. He told the 46 Commission to have a good rest during their break for the summer 47 because when they come back they will have the tough task of 48 balancing the budget. He also said that if Commissioner Sherar 49 could keep his promise of lowering the millage by one point he 50 should be appointed governor. REGULAR CITY COMMISSION 7 MINUTES - June 8, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Walter Harris also referred to Commissioner Bethel with kind words. He then said he wanted to respond to Cal Rosenbaum on his attack to the SMHOA. He said that the organization has been in existence for over 40 years, always maintaining the position of keeping the quality of life in South Miami at its highest possible level. He then urged Mayor Russell to bring forth the Election Reform Committee by resolution so that all the Commission may have some say in choosing its members. He referred to the picnic which will be held June 19th, asking everyone to join in and participate. Mr. Harris then said that the Mexican Consulate is always sending people into the community to make copies of documents. He said that he would like for the City to ask them to take care of this problem which is annoying and an imposition on the nearby establishments. Levy Kelly spoke about the late Commissioner Bethel saying that he was one of his high school football coaches. He also was a good friend of his. He said that the Commissioner had a real passion for the City. He really cared about the young, the old, the guy on the corner, young teenage girls at risk, and he had a real vision of this community. Beth Schwartz referred to the adult entertainment issue saying that even though the study is probably necessary, $75 is a little high and that perhaps the amount of hours projected to be spent could be reduced, urging staff to do most of the preliminary work in order to minimize the cost. About the Shops at Sunset, she said that this is a concept which does not work in South Miami. She then suggested that perhaps the place could be turned over into partially residential. She then asked as to whether the Valencia Apartments is partially contributing with the taxes and Ms. Davis explained that this is being reviewed and that we do not have the conclusions yet. After there were no more speakers, the Public Remarks section was closed. At this time Mr. Gallop excused himself and Mr. Figueredo took over. At this point the following items were pulled from the Consent Agenda: Commissioner Sherar pulled Item no. 7 (now no. 15); and, Mayor Russell pulled Item no. 8 (now no. 16). REGULAR CITY COMMISSION MINUTES - June 8, 2004 CONSENT i 1 Resolution No. 92 -04 -11871 2 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 4 COMMITTEES; APPOINTING LARRY A. LIGAMMARE TO SERVE ON 5 THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM 6 ENDING MAY 31, 2006; AND PROVIDING AN EFFECTIVE DATE. 7 3/5 8 (Mayor Russell) 9 10 Resolution No. 93 -04 -11872 11 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 12 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 13 COMMITTEES; RE- APPOINTING CLAIRE S. GREENWALD AND 14 RUSSELL F. NANSEN TO SERVE ON THE COMMISSION FOR SENIOR 15 CITIZENS FOR A TWO YEAR TERM ENDING MAY 311 2006; AND 16 PROVIDING AN EFFECTIVE DATE. 3/5 17 (Mayor Russell) 18 19 Resolution No. 94 -04 -11873 20 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 22 MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE 23 COUNTY FOR A FIVE -YEAR ROUTINE MAINTENANCE OF THE 24 LUDLAM GLADES AND BROAD CANALS FOR AN AMOUNT NOT TO 25 EXCEED $37,392 ANNUALLY; FUNDS TO COME FROM STORMWATER 26 BUDGET ACCOUNT NUMBER 111 -1730 -541 -3450; PROVIDING FOR 27 AN EFFECTIVE DATE. 3/5 28 (City Manager) 29 30 Resolution No. 95 -04 -11874 31 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 32 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 33 MANAGER TO DISBURSE $15,997.50 TO TJ PAVEMENT CORP. FOR 34 EMERGENCY SIDEWALK REPAIR, TO BE CHARGED TO PUBLIC 35 WORKS DEPARTMENT STREET MAINTENANCE AND LOCAL OPTION 36 GAS TAX ACCOUNT NUMBERS 001 -1730- 541 -4640 AND 112-1730 - 37 541 -4640; PROVIDING FOR AN EFFECTIVE DATE. 3/5 38 (City Manager) 39 40 Resolution No. 96 -04 -11875 41 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 42 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 43 ACCEPTANCE OF AN EMERGENCY PREPAREDNESS GRANT FROM THE 44 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FY 2003/04 OF 45 $45,259; AUTHORIZING THE CITY MANAGER TO EXECUTE 46 APPLICABLE CONTRACTS AND DOCUMENTS; TO SET UP A SPECIAL 47 REIMBURSABLE ACCOUNT ## 114- 0000 -331 -1535, "EMERGENCY REGULAR CITY COMMISSION 9 MINUTES - June 8, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PREPAREDNESS GRANT REVENUE;" AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Resolution No. 97 -04 -11876 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE UNIFORMS FROM FLORIDA POLICE PRODUCTS AS A PRIMARY VENDOR AND LOU'S GUNSHOP AS A SECONDARY VENDOR FOR GEAR FOR THE NEXT TWO YEARS WITH AN OPTION OF TWO, ONE YEAR RENEWALS IN AN AMOUNT NOT TO EXCEED $30,000.00 PER FISCAL YEAR CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 -1910- 521.5220 TITLED "POLICE UNIFORMS "; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Resolution No. 98- 04- 11877 10. 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 $15,039.54; CHARGING $378.12 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $8,373.19 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $6,235.97 TO ACCOUNT NO. 1500- 514 -3452, CODE ENFORCEMENT; AND CHARGING $52.26, TO ACCOUNT NO. 608 1910 - 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to approve the Consent Agenda passed by a 5 -0 vote. REGULAR CITY COMMISSION MINUTES - June 8, 2004 Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea 10 1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 2 3 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING 5 SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF 6 ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS 7 AND MAYOR - ESTABLISHED" TO ALLOW FOR AN INCREASE IN 8 COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 10 (Commissioner Sherar) 11 12 Moved by Commissioner Sherar, seconded by Mayor Russell to 13 approve this ordinance. 14 15 Commissioner Sherar said that this is a well overdue matter 16 since the compensation to the Mayor and Commissioners has been 17 locked in for 20 -30 years without an increase, and this is in an 18 effort to attract better and better people to serve. He said that 19 there will be two budget cycles before the increase would go into 20 effect and urged the rest of the Commission to support this 21 ordinance. 22 23 Vice Mayor Palmer said that the responsibilities of the 24 elected officials are great and demanding and that there are also 25 a lot of expenses attached to the position. Therefore, she 26 proposed an amendment to increase the amount of the salaries. 27 28 Commissioner Birts- Cooper said that she could not vote for 29 this right now since she has to think about the City first 30 because that is what she was elected to do. However, she said 31 that if this is going to pass, then everybody should get the 32 same. 33 34 Commissioner Wiscombe said that he concurs with the Vice 35 Mayor as to the great responsibilities and expenses which the 36 elected officials incur while in office. He said that quite often 37 they spend personal money and that he rather reserves his 38 Commissioner's account for contributing to important things going 39 on in the community, such as the after school house. He said that 40 he would not support the previous proposal of $30,000. He also 41 said that the Commission always can rescind its decision during 42 the budget process, and that this had been done in the past. He 43 then said that he would support the ordinance as is. 44 45 Moved by Vice Mayor Palmer, seconded by Commissioner Sherar, 46 the motion to approve the amendment to increase the numbers to 47 $14,000 for the Mayor and $12,000 for the Commissioners, passed 48 by a 3 -2 vote. Commissioner Wiscombe: Nay; Vice Mayor Palmer: REGULAR CITY COMMISSION 1 1 MINUTES - June 8, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Yea; Commissioner Birts- Cooper: Nay; Commissioner Sherar: Yea; Mayor Russell: Yea. Mayor Russell opened and closed the public hearing with no speakers. With no further comments or discussion, the motion to approve this ordinance as a whole passed by a 5 -0 vote. Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Yea Commissioner Birts- Cooper: Yea Mayor Russell: Yea Ordinance No. 06 -04 -1813 12. 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) Moved by Mayor Russell, seconded by Commissioner Sherar to approve this item. Mr. O'Donniley explained that this is a proposed amendment to the Land Development Code (LDC) relating to the organizational procedures for the Planning Board. The purpose of this amendment is to give the Planning Director the authority to call a special meeting due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meeting is given to Board members and applicants. (Pg. 2, Section 20- 6.1(e) Mayor Russell pointed out to Mr. O'Donniley that the only thing that was left out is the notification to the Commission and she asked that it be added on so that they are made aware when a meeting will be heard. Moved by Mayor Russell, seconded by Commissioner Wiscombe, the motion to amend this ordinance to add ""Mayor and City Commission" to Section 20- 6.1(e), Page 2, line 38 of the ordinance, passed by a 5 -0 vote. REGULAR CITY COMMISSION 12 MINUTES - June 8, 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 Mayor Russell opened and closed the public hearing with no 8 speakers. 9 10 With to further comments or discussion, the motion to 11 approve this ordinance as a whole passed by a 5 -0 vote. 12 13 Commissioner Wiscombe: Yea 14 Commissioner Sherar: Yea 15 Vice Mayor Palmer: Yea 16 Commissioner Birts- Cooper: Yea 17 Mayor Russell: Yea 18 19 20 Moved by Mayor Russell, seconded by Vice Mayor Palmer the 21 motion to remove the following item from the table passed by a 5- 22 0 vote. 23 24 Commissioner Wiscombe: Yea 25 Commissioner Sherar: Yea 26 Vice Mayor Palmer: Yea 27 Commissioner Birts- Cooper: Yea 28 Mayor Russell: Yea 29 30 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 31 CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 32 15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING 33 SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET 34 AND FINANCE COMMITTEE AMENDING MEMBERSHIP 35 REQUIREMENTS; AMEENDING DUTIES AND RESPONSIBILITIES; 36 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 37 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 38 (Tabled 6101104) 39 (Mayor Russell) 40 41 Moved by Mayor Russell, seconded by Commissioner Sherar to 42 approve this ordinance on first reading. 43 44 The Commission discussed the revised ordinance in detail 45 which resulted in further amendments. 46 47 Mayor Russell at this time said that they needed to consider 48 the appointment of one of the members of the Commission as an ex- 49 officio member of the Committee. She said that she would REGULAR CITY COMMISSION 13 MINUTES — June 8, 2004 1 recommend either Vice Mayor Palmer or Commissioner Birts- Cooper 2 who have a full four -year term ahead of them to sit as the ex- 3 officio member. The Commission then discussed about how often the 4 Committee would meet. Another option suggested by Mayor Russell 5 was to have an alternate member of the Commission at each hearing 6 as each of them are able to make it, then one of them goes and 7 participates in the meeting as a non - voting member. That way it 8 could be done on a rotating basis and they can all be more 9 involved. Commissioner Sherar said that he would not be in favor 10 of the rotating concept because it would lose continuity. 11 12 At this point Mr. Figueredo referred to Article III, Section 13 4F of the Charter in answer to Commissioner Sherar's question 14 regarding performance audits on City departments. 15 16 After a long discussion over the proposed amendments, 17 Commissioner Wiscombe went ahead and outlined them as shown 18 below. 19 20 Moved by Commissioner Wiscombe, seconded by Commissioner 21 Sherar, to remove the strike out on Page 1, line 46 -47,: 22 "examining ways to preserve existing revenue sources and 23 exploring additional funding sources," the motion passed by a 5 -0 24 vote. 25 26 Commissioner Wiscombe: Yea 27 Commissioner Sherar: Yea 28 Vice Mayor Palmer: Yea 29 Commissioner Birts- Cooper: Yea 30 Mayor Russell: Yea 31 32 Moved by Commissioner Wiscombe, to remove the strike out on 33 Page 2, line 3: "land City Gammissi ," the motion died for lack 34 of a second. 35 36 Moved by Commissioner Wiscombe, seconded by Mayor Russell, 37 to remove the strike out on Page 2, line 4: "residents," the 38 motion passed by a 5 -0 vote. 39 40 Commissioner Wiscombe: Yea 41 Commissioner Sherar: Yea 42 Vice Mayor Palmer: Yea 43 Commissioner Birts- Cooper: Yea 44 Mayor Russell: Yea 45 46 Moved by Mayor Russell, seconded by Commissioner Wiscombe, to 47 strike out on Page 2, lines 8 -9: ""One member- of the a is 48 ion an " the motion passed by a 5 -0 vote. 49 REGULAR CITY COMMISSION 14 MINUTES - June 8, 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 this point Commissioner Wiscombe asked that the meetings 8 of this Committee be audio taped. Mayor Russell indicated that 9 this provision is already included under subsection 1(b). 10 Commissioner Wiscombe's recommendation then resulted in a small 11 amendment as reflected on the following motion: 12 13 Moved by Mayor Russell, seconded by Commissioner Wiscombe, to 14 strike out on Page 2, line 20: "eir" and add the word "and," the 15 motion 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 Moved by Mayor Russell, seconded by Commissioner Wiscombe, to 24 add after "committee" on Page 2, line 31: "provided that all 25 requests are submitted in writing," the motion passed by a 5 -0 26 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 Moved by Commissioner Wiscombe, seconded by Mayor Russell, 35 on Page 2, line 38, after `public hearing,' to add the language: 36 "in accordance with subparagraph 1(b)," the motion passed by a 5- 37 0 vote. 38 39 Commissioner Wiscombe: Yea 40 Commissioner Sherar: Yea 41 Vice Mayor Palmer: Yea 42 Commissioner Birts- Cooper: Yea 43 Mayor Russell: Yea 44 45 46 Moved by Mayor Russell, seconded by Commissioner Sherar, the 47 motion to approve this ordinance on first reading as amended 48 passed by a 5 -0 vote. 49 REGULAR CITY COMMISSION 15 MINUTES - June 8, 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 8 RESOLUTION (S) /PUBLIC HEARING (S) 9 (None) 10 11 RESOLUTION (S) 12 13 Resolution No. 99 -04 -11878 14 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 16 MANAGER TO ENTER INTO A CONTRACT WITH RONALD J. COHEN 17 FOR LEGAL SERVICES TO PROVIDE AN OPINION IN THE MATTER 18 OF FORMER CITY MANAGER CHARLES SCURR'S PENSION; 19 PROVIDING FOR AN EFFECTIVE DATE. 3/5 20 (City Manager) 21 22 Moved by Mayor Russell, seconded by Commissioner Wiscombe to 23 approve this item. 24 25 Ms. Davis said that at the last meeting she was asked to 26 provide the Commission with a resolution with a blank so that 27 they could select an attorney from the resumes which were 28 submitted to them in relation to the former City Manager's 29 pension. 30 31 Commissioner Sherar said that he felt that they need an in- 32 depth written opinion with legal background because he has many 33 issues about the legality of the way the whole contract was 34 handled. 35 36 Ms. Davis said that even though she is not recommending the 37 hiring of an attorney in this case, she said that what is 38 important is to finally put this matter to rest. 39 40 Commissioner Sherar suggested that perhaps it might be a 41 good idea to try to settle for perhaps the same amount of money 42 that would cost to hire an attorney and that would be much less 43 than the proposed settlement of $107,000. Ms. Davis disagreed by 44 indicating that she has negotiated with the former City Manager 45 for a long time and that does not seem to be the case. 46 47 Commissioner Sherar said that the only reason that he is REGULAR CITY COMMISSION 16 MINUTES - June 8, 2004 1 supporting this resolution is because he is not an expert on 2 municipal contract law. He said that even though he would not 3 like to pay the former City Manager, he neither wants to get the 4 City in the middle of a lawsuit. He also said that unless he has 5 a written opinion on this case from an independent attorney, he 6 does not feel comfortable voting in the best interest of the 7 City, `up /down' on whether we should give Mr. Scurr any money. 8 9 All the Commissioners agreed on the selection of Ronald J. 10 Cohen. 11 12 Vice Mayor Palmer asked and Mayor Russell responded that we 13 are just seeking the opinion of this attorney, and in case we 14 should go to litigation he is qualified to handle that for us as 15 well. 16 17 Ms. Davis said that she would like for the Commission to 18 submit to her in writing all the questions they would have for 19 the attorney, pertaining to the contract and the legality of how 20 is was written and implemented or not implemented. Commissioner 21 Wiscombe then said that another question would relate to the 22 payments which were made into the pension fund. 23 24 Vice Mayor Palmer said to have a concern about incurring in 25 this expense for obtaining an opinion, when in the end we might 26 have to pay Mr. Scurr anyway. 27 28 Mr. Figueredo then said that it is possible to obtain an 29 estimate of what the cost would be. He said to Ms. Davis that she 30 could specifically ask counsel to give her a range of what he 31 thinks it would cost to write an opinion. He said that the 32 attorney would put caveats in there but that it is standard 33 procedure to ask counsel for some type of a letter estimating 34 what it would cost to furnish this City Commission with an 35 opinion. 36 37 Mayor Russell then said that this would come back to the 38 Commission in resolution form for the expenditure since this is 39 not a budgeted item. 40 41 Commissioner Birts- Cooper asked as to whether the contract 42 violated the City ordinance and Commissioner Sherar said that he 43 thinks it did. She then said that therefore the contract is not 44 lawful. Commissioner Sherar said that this is his argument but 45 the matter is somewhat more complicated than that. Commissioner 46 Birts- Cooper then said that she is willing to spend the money on 47 the legal opinion so that our case would be defendable in court. 48 49 Ms. Davis said that she failed to mention for the records 50 why she was not recommending a resolution and it is because she REGULAR CITY COMMISSION 17 MINUTES - June 8, 2004 1 received three opinions and they are from competent attorneys and 2 they all three say the same thing. This is the reason why she was 3 recommending denial of the resolution. In the interim, she added, 4 it appears that there are three Commissioners that have questions 5 and asked them again to submit those questions in writing to her. 6 7 Vice Mayor Palmer asked Ms. Davis how much she had paid for 8 the three opinions and Ms. Davis said that she would need to look 9 that up, and that two out of the three opinions she had gotten 10 were before she had joined the City. 11 12 Commissioner Wiscombe then asked the City Manager to provide 13 them with a copy of what will be sent to the attorney so that 14 they can all be familiarized with everybody's concerns. 15 16 Moved by Mayor Russell, seconded by Commissioner Wiscombe, 17 the motion to approve this item as amended by adding the name of 18 Ronald J. Cohen, 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 Mr. Figueredo made some clarification about the ordinances 27 and the impact of making amendments on second readings. He 28 referred to Article II, Section 6(3) of the City Charter which 29 states that: "If an ordinance is materially amended upon the 30 second reading, a third reading shall be required at a subsequent 31 meeting of the Commission." Mr. Figueredo then said that 32 according to his interpretation, the two ordinances which were 33 materially amended were the one relating to compensation to the 34 Commission, and the one relating to the Budget and Finance 35 Committee. These two ordinances therefore would need to come back 36 for second readings again. 37 38 Resolution No. 100 -04 -11879 39 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 40 CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE PUBLIC 41 SWIMMING POOL FEASIBILITY STUDY (MURRAY PARK MASTER 42 PLAN UPDATE); PROVIDING FOR AN EFFECTIVE DATE. 3/5 43 (City Manager) 44 45 Moved by Mayor Russell, seconded by Commissioner Sherar to 46 approve this item. 47 48 Commissioner Sherar, who pulled this item from the Consent 49 Agenda, explained that in his opinion the consultant did a good REGULAR CITY COMMISSION 1 8 MINUTES - June 8, 2004 1 job on the evaluation, however, he has the concern that by 2 approving this the City might be getting tied up with a several 3 million dollar pool project which would add to the monetary 4 problems that we are having. 5 6 Commissioner Birts- Cooper had a question on the drawings; 7 specifically referring to Option 2, saying that the pool appears 8 that will be too close to the adjacent residences therefore 9 generating too much noise. Commissioner Wiscombe said that at the 10 time he met with the consultants they were planning to put the 11 basketball courts there, which might be even worse. He said that 12 at least they can control the hours, but the idea of having the 13 children using the pool would create far less noise than a 14 basketball court. He said that he also suggested to possibly 15 putting the changing rooms along that side to create some type of 16 sound barrier. He said that what the Commission is doing is 17 accepting the study and the options; they are not choosing which 18 one they want. Commissioner Birts- Cooper then said that there is 19 also the option of putting the pool in another park, such as the 20 Marshall Williamson Park. Commissioner Wiscombe said that he 21 would really have a problem with that; it would take a lot of the 22 green space and it might not even fit. Mayor Russell then said 23 that in that case they will have to add staff there and another 24 building for staff, bathrooms, locker rooms, parking, etc. 25 26 With no further comments or discussion, the motion to 27 approve this item passed by a 4 -1 vote. 28 29 Commissioner Wiscombe: Yea 30 Commissioner Sherar: Nay 31 Vice Mayor Palmer: Yea 32 Commissioner Birts- Cooper: Yea 33 Mayor Russell: Yea 34 35 36 Resolution No. 101 -04 -11880 37 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 39 THE CITY MANAGER TO EXECUTE A CHANGE ORDER AGREEMENT 40 WITH PETRO HYDRO, INC. FOR ADDITIONAL CONSTRUCTION 41 SERVICES UNDER DOWNTOWN IMPROVEMENTS — PHASE II 42 CONSTRUCTION AT AN AMOUNT OF $37,000 TO BE CHARGED TO 43 THE US ENVIRONMENTAL PROTECTION AGENCY STATE TRIBAL 44 ASSISTANCE GRANT AND THE PEOPLE TRANSPORTATION TAX 45 ACCOUNT NUMBERS 001- 0000 - 132 -2061 AND 124- 1730 -541- 46 3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 47 (City Manager) 48 49 Moved by Mayor Russell, seconded by Commissioner Sherar to REGULAR CITY COMMISSION 19 MINUTES - June 8, 2004 1 approve this item. 2 3 Mayor Russell said that the reason for which she pulled this 4 item from the Consent Agenda is because she has requested 5 information on the balance of these two accounts and she still 6 has not received an answer. She also asked the City Manager for 7 the possibility of obtaining a better price for this project. 8 9 Ms. Davis apologized for not including the balances for the 10 Commission's information. She said that the People Transportation 11 Tax Account has a balance of $20,000 and the whole amount will be 12 used for this project. The balance of $17,000 will be coming out 13 of the State Tribal Assistance Grant. She then asked the 14 Commission to authorize her, in the event that she can negotiate 15 a lower price for this, and she said she believed she can, and 16 because the Commission will not be coming back for about a month, 17 she asked for their authority to allow her to award it possibly 18 to another contractor if she can get it cheaper than the proposal 19 is. If she had to wait for a month for the Commission to come 20 back the project will be delayed. 21 22 Commissioner Sherar asked about the State Tribal Assistant 23 Grant and Mr. Balogun explained that this is part of the federal 24 initiated infrastructure program to improve the infrastructure in 25 business districts and we qualified for the funding. Ms. Davis 26 said that Mr. Balogun has done a remarkable job in obtaining 27 grant funds. 28 29 Mayor Russell said to Ms. Davis that she was satisfied to 30 give her the authority during their summer break to try to find a 31 better price for the project, and this was approved unanimously 32 by acclamation by the Commission. 33 34 With no further comments or discussion, the motion to 35 approve this item 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 46 47 REGULAR CITY COMMISSION 20 MINUTES - June 8, 2004 1 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 2 3 (None) 4 5 ORDINANCE (S) FIRST READING 6 7 (None) 8 9 10 11 COMMISSION REMARKS 12 13 Commissioner Wiscombe urged the community to pray for 14 Commissioner Bethel' s family since this is a difficult time for 15 his wife Loraine and for everyone. 16 17 Commissioner Sherar said that if Horace Feliu does not come 18 in before them to ask for an investigation, why is the Commission 19 responding to people who randomly come before them asking for an 20 investigation. He further said that Mr. Feliu had a lawyer and a 21 criminal investigation, he had subpoena power, they could 22 investigate all sorts of things to prove their case that this was 23 a big set up, and why they didn't they do all of that, and why 24 they haven't given us the report as the result of the 25 investigation that they did because they were the ones who had 26 the most at stake. He then referred to an ad in Sunday's 27 Neighbors about `Dadeland North,' saying that he will be letting 28 the County know of his discontent about this project. He also 29 referred to Ms. Gomez's request to reschedule the CRA meeting 30 which was cancelled. Ms. Davis said that before she announced 31 that the meeting would be cancelled she met with Mr. Gibson who 32 assured her that there was nothing on the CRA Agenda that could 33 not wait for a month until the Commission reconvened after the 34 summer break. 35 36 Commissioner Birts- Cooper just said good night. 37 38 Vice Mayor Palmer said that she had informed staff that she 39 would not be attending the CRA meeting anyway because she was 40 planning to attend Commissioner Bethel's services. With regard to 41 Ms. Washington's complaint, she said that she had already learned 42 from the CAA meetings about the problem reported by Ms. 43 Washington about the standing water and how the establishment 44 operates and what is happening there, saying to be pleased to 45 know that the City Manager will be doing something about it. 46 REGULAR CITY COMMISSION 21 MINUTES - June 8, 2004 1 Mayor Russell thanked everybody who attended the Poinciana 2 Fiesta. About the election committee she said that she will have 3 all the information available for everyone, she is not using City 4 staff until the recommendations are made to the Commission as a 5 whole. She also said that if she were trying to do something 6 covert or conspiratorial she wouldn't have been sending emails to 7 everyone trying to get together a group of people to sit down and 8 discuss these items. She has already asked the City Clerk to post 9 the Notice for the first meeting which will be held a week from 10 Monday, here, at 7:00 p.m. Since this is not governed by the 11 Sunshine Law, members will be able to talk to one another, and 12 she wanted to hold it in one place so that it will be taped, and 13 will have a record and minutes will be kept. She then proceeded 14 to distribute the report to the Commission. 15 16 Commissioner Wiscombe said that he had a problem with the 17 above - referenced committee because he felt that it should have 18 been brought before the Commission at its inception. He said that 19 out of courtesy in the future, it would be a good thing to do to 20 come before the Commission announcing that she is creating an ad 21 hoc committee. 22 23 Mayor Russell explained that there is no policy in place for 24 the creation of an ad hoc committee by the Mayor or by any 25 Commissioner. She said that it has been her desire to keep this 26 as public as possible and she made no secret of it. She met with 27 the City Attorney, she added, and has submitted a report for 28 their information. 29 30 Commissioner Sherar said even though he would like to see 31 some campaign report, he does not foresee it as an easy task. He 32 said that anything that encourages public participation is great, 33 it is just that we need to recognize that there are certain 34 limitations. 35 36 Mayor Russell then spoke highly of the late Commissioner 37 Bethel and of the torch he carried for this community with 38 regards to the Multipurpose Center. It was a dream for this 39 community for a long time. We sat right here seven years ago, 40 with Julio and with Mr. Scurr and Commissioner Bethel instilled 41 that dream in everybody on this Commission. We had tremendous 42 community support, and we carried that dream together on our very 43 first trip to Tallahassee. The first money that we asked for, we 44 were giving thank you plaques in advance to the legislators, 45 thanking them for their support, and we came back with a couple 46 of $100,000 dollars to begin a study, similar to this pool study. 47 And it turned into phase one and then into phase two, and it was 48 Commissioner Bethel carrying the torch and our teamwork that made 49 dream for the community a reality and he should get credit for 50 that, Mayor Russell concluded. She then announced the schedule of REGULAR CITY COMMISSION 22 MINUTES - June 8, 2004 1 3 4 6 7 8 9 10 11 services for the Commissioner. There being no further business to come before this Body, the meeting adjourned at 10:46 P.M. Attest Maria M. Menendez City Clerk REGULAR CITY COMMISSION MINUTES - June 8, 2004 23 Approved Mary Scott Russell Mayor