08-17-04 Item 1a1 City of South Miami
2 Regular City Commission Minutes
3 July 20, 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, July 20, 2004, beginning at 7:30
9 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Mary Scott Russell, Vice Mayor Velma Palmer, and,
14 Commissioners Randy G. Wiscombe, Marie Birts- Cooper and Craig Z.
15 Sherar.
16
17 Also in attendance were: City Manager Maria V. Davis, City
18 Attorney Luis Figueredo, and City Clerk Maria M. Menendez.
19
20 B. Invocation: The invocation was delivered in silence. Mayor
21 Russell also asked to keep Earl Gallop's family in everybody's
22 thought this evening and always.
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24 C. Pledge of Allegiance:
25 The Pledge of Allegiance was recited in unison.
26
27 D. Presentation(s) 7:00 p.m.
28
29 1) 2002 -03 Financial Report by City independent auditors.
30
31 Mr. Oshikoya introduced Pablo LLerena with Grove & Co. who
32 gave a brief overview of the 02 -03 Financial Report. Mr. Llerena
33 said that the most significant change on the report when compared
34 to the previous year would be a change in the presentation of the
35 financial statements. He then went over the new format versus the
36 old format'. He then referred to Management Discussion and
37 Analysis, which is a letter written by the City Manager basically
38 explaining the financial highlights for the year 2003, and which
39 could be found on pages 3 -15, containing the most significant
40 changes which took place during the year, as well as the reason
41 for the changes in the financial statements. Finally, Mr. Llerena
42 explained that the final report they issue is one that is
43 required by the Auditor General from the State of Florida, where
44 they have to determine the financial condition of the City. He
45 then concluded by saying that upon performing the procedures
46 required by the Auditor General, it was determined that the City
47 is not in a state of financial emergency.
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1 Commissioner Sherar then referred to the parking garage and
2 Mr. Oshikoya said that the parking garage was included in the
3 auditor's report and asked him to refer to page 18.
4
5 Mayor Russell then said that anyone with further questions
6 regarding the financial report could get together with Hakeem and
7 the City Manager for further explanation. She then asked Mr.
8 Llerena whether the overall financial state of the City is
9 currently sound and Mr. Llerena said that it is sound.
10
11 The presentation ended at approximately 7:20 p.m. and the
12 meeting was adjourned until 7:30 p.m.
13
14 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
15
16 1. a) Minutes of June 8, 2004
17
18 Moved by Commissioner Wiscombe, seconded by Commissioner
19 Birts- Cooper, the motion to approve the minutes passed by a 5 -0
20 vote.
21
22 Commissioner Wiscombe: Yea
23 Commissioner Sherar: Yea
24 Vice Mayor Palmer: Yea
25 Commissioner Birts- Cooper: Yea
26 Mayor Russell: Yea
27
28 b) Minutes of February 11, 2004
29
30 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
31 the motion to approve the minutes passed by a 5 -0 vote.
32
33 Commissioner Wiscombe: Yea
34 Commissioner Sherar: Yea
35 Vice Mayor Palmer: Yea
36 Commissioner Birts- Cooper: Yea
37 Mayor Russell: Yea
38
39
40 2. City Manager's Report:
41
42 a) Presentation of the 2003 -04 FY Third Quarter
43 Financial Update.
44
45 Ms. Davis explained that the presentation this time would be
4.6 more concise since going line by line item is very time
47 consuming. She also explained that copies of the report were
48 available in the back of the room for anyone interested. Ms.
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1 Davis then went over the Powerpoint presentation of the report.
2 She said to be very pleased with the way that Police Chief
3 Martinez is managing the department, which he is doing in a very
4 cost effective fashion.
5
6 Ms. Davis said that the administration is projecting that
7 the City will exceed its revenues by $200,000 by the end of the
8 fiscal year.
9
10 Mayor Russell commended Ms. Davis for her good management
11 which is making possible this year's revenues and savings.
12
13 b) Requesting budget items from the Commission.
14
15 The following is a list of budget items the Commission
16 requested that the City Manager includes in 2004 -05 fiscal year
17 budget:
18
19 Mayor Russell: (1) Potable water; (2) the purchase of ten
20 acres of open space from the YMCA property, asking the City
21 Manager to prepare something to bring back to the Commission so
22 that they can see the whole project. These are ten acres, as
23 well as a pool, and a great facility which is being renovated at
24 the present time; and (3) the acquisition of the Van Smith
25 property, which needs to be a priority before we lose the
26 opportunity.
27
28 Commissioner Birts - Cooper: (1) To move the after - school
29 program to Phase One, and to budget for the electrical and the
30 data line for the computers.
31
32 Vice Mayor Palmer: (1) Outside lighting for Murray Park;
33
34 Commissioner Sherar: (1) Concurred with the Mayor on the
35 request to acquire the Van Smith property. He then said that he
36 is more interested in getting money in than expending it, and
37 referred to the property behind the post office. Ms. Davis said
38 that she is working on it and that it will be brought up during
39 the budget process.
40
41 Commissioner Wiscombe: (1) To find funding to complete the
42 landscaping throughout the entire main thoroughfares of the City:
43 US1 from Sunset to SW 67 -69th Avenue; US1 from Red Road to SW 80th
44 Street; the downtown area; along US1 the hedges around the
45 Metrorail columns; underneath the Metrorail around Sunset and US1
46 what the County planted sometime ago is getting old and does not
47 look nice.
48
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1 Mayor Russell: That the Snapper Creek entrance area be
2 included with Commissioner Wiscombe's request as well.
3
4 Vice Mayor Palmer pointed out that many plants which have
5 been installed over time are not being maintained and as a
6 consequence the `beautification' is dying, specifically referring
7 to SW 62nd Street. Ms. Davis said that in her opinion, part of
8 the problem is that there is no irrigation and that is something
9 that needs to be addressed.
10
11 Commissioner Sherar then referred to the landscaping
12 problems underneath the Metrorail suggesting that it might be a
13 good idea to cite the County because that is their
14 responsibility. Ms. Davis said that what she would like to do is
15 to contact the department that is in charge of maintaining that
16 area and see if we can work something out as far as stepping up
17 the maintenance.
18
19 Attorney Figueredo said that typically when these types of
20 projects are undertaken there might be an interlocal agreement in
21 place providing for certain obligations on the part of the
22 County. This would be the first step that he recommends to be
23 taken in this case.
24
25 Commissioner Wiscombe said that as far as underneath the
26 Metrorail, his students have been helping on that regard by
27 cleaning up and removing trash. He has 20 -30 students going a
28 couple of times in the year going there and bagging everything up
29 and putting it out on the trail for our trash collecting crew to
30 pickup.
31
32 c) Response from Miami -Dade County regarding
33 installation of a 4 -way stop sign at SW 59 Place
34 and SW 64 Street.
35
36 Ms. Davis informed that regarding this request, the County
37 has responded explaining that there is no adequate traffic flow
38 going north and south to accommodate a 4 -way stop sign at that
39 particular intersection. However, they will put in the crosswalk
40 signage.
41
42 Commissioner Wiscombe said that as far as underneath the
43 Metrorail, his students have been helping on that regard, by
44 cleaning up and removing trash. He has 20 -30 students going a
45 couple of times in the year going there and bagging everything up
46 and putting it out on the trail for our trash collecting crew to
47 pick up.
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d) The City's Code of Ordinance online.
Ms. Davis announced that the Clerk has placed the Code of
Ordinances online for an annual fee of only $350.
On a different subject,
streets which the City will be
SW 65th Avenue; SW 74th Street
Avenue; SW 65th Avenue between
Court between Sunset and Manor
Sunset and Manor Lane.
Ms. Davis referred to certain
resurfacing: SW 73rd Street off of
between SW 63rd Court and SW 65th
Sunset and SW 74th Street; SW 64th
Lane; and, SW 63rd Court between
As a last announcement, Ms. Davis referred to the `Madison
Square Saturdays,' a farmer's market being sponsored by the CRA
every Saturday at the corner of SW 59th Place and SW 64th Street.
She highly recommended for everyone in the community to visit.
There are fruits, vegetables, Mr. Kelly's great ribs, a booth
with CD's, and much more. The time is from 10:00 a.m. to 2:00
p.m. She said that we are going to work on marketing it.
Commissioner Wiscombe asked Ms. Davis to make sure that it
gets on Channel 5, and that he would like to see pictures of the
farmer's market.
Commissioner Wiscombe then referred to item No. 18 on the
Agenda relating to the issue of parking, asking that the item be
moved up on the agenda so that the interested people in the
audience could speak. He then said that in response to the effect
this item has had on the community since the agenda was
published, and even though the item has not been placed for
public hearing, that people must be allowed to express their
concerns anyway.
Moved by Commissioner Wiscombe, seconded by Commissioners
Sherar and Birts- Cooper, the motion to move item No. 18 to be
heard after the Consent Agenda passed by a 5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper : Yea
Mayor Russell: Yea
Commissioner Sherar at this point brought up the subject of
time limit for public remarks saying that he does not agree with
timing and limiting people who wish to speak before the
Commission.
Commissioner Wiscombe said that in a particular situation
when an ordinance is being changed, it should go for public
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5
1 hearing so that we deal in a forthright manner in the future, and
2 requested this to be on the record. He added that whenever a `hot
3 button' item will be coming up that he would like to be informed
4 ahead of time.
5
6 Ms. Davis said that she did not know that the item would be
7 a `hot button.' She said that she had no history, but that all
8 she knows that this Commission voted to do a trial for six months
9 and it has been almost 12 months since the trial. She said that
10 she always brings anything that she feels is touchy to the
11 Commission's attention.
12
13 Attorney Figueredo said for clarification relating to the
14 2003 ordinance that he had reviewed it and the ordinance did not
15 addressed any specific area. What it does is to delineate the
16 criteria and it empowers the City Manager to create or remove
17 zones, therefore she has the authority to do it. He clarified
18 also that from a legal point of view a resolution in this case is
19 appropriate.
20
21 There being no further comments or discussion, the City
22 Manager's Report concluded.
23
24 3. City Attorney's Report
25
26 Attorney Figueredo referred to the direction by acclamation
27 of the Commission at a prior meeting, asking the City Attorney's
28 office to look at the property appraiser's decision regarding the
29 Shops at Sunset and the Valencia Apartments. He said that he
30 looked at the issue, reviewed and examined the property
31 appraiser's letter, and also met with a special counsel since we
32 are challenging property owner's rights and property appraiser's
33 decision. He said that they looked at the Shops at Sunset
34 analyzing what would be the most productive strategic way of
35 addressing this problem in the future. Counsel Dan Weiss, who has
36 been highly recommended, essentially concurred that what we need
37 to do to get the appraisal on the assessment up is not to be
38 reactive but to be proactive. What he meant is to work on the
39 2005 appraisal since the likelihood for success challenging the
40 2003 -04 appraisal is minimal at best. He suggested that we retain
41 an appraiser, the step is legally permitted, we deal with the
42 value and adjustment board with a special counsel, and work with
43 the property appraiser, providing him with documents and an
44 outside appraisal which will allow him to create an appraisal
45 which is hopefully higher than the prior years. It is not
46 guaranteed that it will work but it is a proactive approach.
47
48 With regard to the Valencia Apartments it is a little bit
49 different, Attorney Figueredo added. The property appraiser's
50 initial concern is that he does not want to treat this building
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differently than he has treated similar structures. Our position
is that in addition to the documents, we have testimonial
evidence that the building was substantially completed, and that
differentiates our situation from other similar situated
properties. At this point, Attorney Figueredo continued, it is
premature to say that the Property Appraiser is going to change
his mind about putting the property on the tax roll but he has
not made a decision yet but we are pressing it and as soon as we
hear what the final decision is we will apprise this Commission,
the attorney concluded.
Commissioner Sherar then referred to certain similar cases
which are being considered by the Supreme Court as far as the
dispute on whether a building must be complete by January lst,
suggesting that it might be a good idea to check building permits
issued by the City which were not closed out by January 1St, to
see what their level of completion was, since many of those
projects then might have a value, for instance, if they were ten
percent complete before January lst, 2004 then we may be able to
get ten percent of the value of the building.
Ms. Davis said that this would be justifiable if we had a
significant project, but that to go back into the records on a
few hundred thousand dollars assessment is not worth the time
since we have been successfully fighting them without having to
go back into the records. For the larger projects she said to
concur with Commissioner Sherar, however, she said that a
threshold will have to be set. In addition, she said that a
quarterly report is sent to the Property Appraiser, consisting of
a list of permits issued on that quarter, for new construction,
additions, etc. However, as far as the level of completion of the
projects, that would be up to the City to monitor. Commissioner
Sherar then said that with the 18, half - million dollar homes
under construction right now in the City, which might be
completed by January lst, it could be estimated an approximate
$2.5 million added to the tax base. Ms. Davis said that staff
will look into it and get back to the Commission.
Vice Mayor Palmer said that going by what the attorney has
explained, there is nothing further that can be done but to work
with what the Appraiser has given to us, and that we are probably
going to spend a lot of attorney's fees just to hear the same
thing in the end.
Mayor Russell concurred with the Vice Mayor and said that
the best thing is to prepare for 2005 and be proactive instead of
reactive.
There being no further comments or discussion, the City
Attorney's Report concluded.
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MINUTES - July 20, 2004
1 PUBLIC REMARKS
2 (5- minute limit)
3
4 David Tucker Sr. addressed the Commission that he would be
5 reading tonight, his traditional annual statement about the
6 Declaration of Independence because its message is timely.
7
8 Shirley Huebner referring to the resolution on the Agenda
9 relating to `Control Parking Residential Area,' said that she
10 would like more clarification, urging the Commission to have this
11 issue in the form of an ordinance instead of a resolution.
12
13 Attorney Figueredo said to disagree with the above
14 statement. He explained that an ordinance would not be required
15 in this case. The ordinance created the vehicle for setting up
16 parking zones. However, the actual ordinance itself does not
17 designate any specific area. The only case in which an ordinance
18 would be required is to remove a designated area within the area
19 that was created by that ordinance. You can only undue an
20 ordinance with an ordinance. In this situation in which you have
21 an ordinance that creates the vehicle under which certain
22 residential parking zones can be created, the ordinance itself is
23 silent as to the specific areas that are designated. Therefore,
24 after the creation has been done by the vehicle such as an
25 ordinance, it does not require an ordinance to undesignate it.
26
27 Sharon McCain disagreed with the Attorney's explanation
28 above, saying that it was designated as part of the criteria of
29 the ordinance by a map of the area. She then referred to a May
30 20, 2003 amendment to Ordinance 8 -99 -1682. Attorney Figueredo
31 again explained and clarified the issue reiterating that the
32 actual ordinance is silent and it only creates the vehicle by
33 which the zone can be created.
34
35 At this point Ms. Davis requested that the item relating to
36 CPRA be pulled from the Agenda for further consideration and
37 research. Also with the possibility of bringing it back for
38 public hearing.
39
40 Commissioner Wiscombe said to Ms. Davis that the Parking
41 Director should have advised her as to whether this would be a
42 `hot button' issue or not. She said that she would do an analysis
43 on the area. She also said that we are hurting the merchants
44 dramatically right now due to the construction downtown. She said
45 that she does not have strong feelings either way but that she
46 was just trying to resolve a problem.
47
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1 Ana Santana spoke against item 18. She said that people
2 obviously want to park for free since there are always vacant
3 meters around the area in reference.
4
5 Sharon McCain said that she did not know that item 18 was on
6 the Agenda until she got a phone call. She said to be suspicious
7 as to the timing, since we are in the middle of the summer when
8 everybody is gone; besides, the Agenda was not on the website
9 until Monday, she added. She said that there are a lot of
10 discrepancies on that item. She said that the ordinance in
11 reference was the result of the residents complaining about
12 downtown employees parking in the residential areas. She urged
13 the Commission to postpone any decision on this item until the
14 end of August when people are back from vacation.
15
16 Susan Redding said that it is evident that the City cannot
17 comply with the trash ordinance. She then spoke about the
18 problems of sharing the trash piles. She basically tried to
19 explain that the ordinance needs some adjustments. She then
20 suggested a once -a -week pick up for the garbage, since the big
21 trucks can only do one side of the street, which means they do
22 twice the miles the old system did.
23
24 Cal Rosenbaum said to have a very serious problem with the
25 City's continued violation for years over the parking ordinances
26 which are codified in the City, violating them at will. He then
27 suggested that not only taking item no. 18 off of the Agenda, but
28 to address the entire scope of parking in the entire City would
29 be necessary. He then referred to items no. 20 and 21 urging the
30 Commission to vote them down, saying they are not in compliance
31 with State Statutes.
32
33 Donna Solana said that the parking issue is a `hot button'
34 for her. She said that she has lived in South Miami for 23 years
35 and that parking was a problem when she moved in and remains a
36 problem today. She said that as a taxpayer, she should have some
37 privileges such as having parking for residents and for guests on
38 her street.
39
40 Fred Stockhauser who resides at 6303 SW 43rd Street,
41 referred to the case of a property adjacent to his at 6321 SW
42 43rd Street, making a long story of that property. Basically, he
43 said that on that property it appears that the latest owner has
44 added to a detached garage without permits, with the result that
45 now there are two full dwellings there, where one has additions
46 which have been done without permits. He said that in January
47 2004 the house was sold and the new owner lives in Eastern
48 Pennsylvania. Mayor Russell directed Mr. Stockhauser to give the
49 address of the new owner to Director Mike Sprovero so that he may
50 address the issue administratively.
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1
2 Chris Vazquez also spoke against item no. 18. He said to be
3 in favor of pulling the item off of the Agenda and bringing it
4 back for public hearing.
5
6 Dick Ward referred to the General Elections of February
7 10th, 2004, mentioning that the final campaign report was closed
8 on May 10th. He reminded that former Mayor Feliu was arrested on
9 three counts, one of them was for receiving campaign contribution
10 after the February 5th deadline, and that the court had found him
11 innocent. He said that if the law were to be applied fairly,
12 there was a campaign contribution received on February 6th in the
13 amount of $250 which was a day late as in the case of former
14 Mayor Feliu. He said that the City Attorney and the Police
15 Department should investigate this contribution as thoroughly as
16 they did the former Mayor's.
17
18 Dr. Zakarias urged the Commission to delete items no. 20 and
19 21 relating to the Charter amendments. He said that it is
20 improper to. issue a public referendum except for issues that
21 relate to safety, public welfare and health problems. He also
22 said that this measure could cause to have a negative effect on
23 property value.
24
25 Levy Kelly referred to the Ad Hoc Committee that was formed
26 in relation to the operations of the Community Center along with
27 other issues. He urged the Commission to help towards the
28 completion of the mission of that Committee.
29
30 Peggy Brodeur spoke about item no. 18, referring to SW 74th
31 Street east of Red Road and said that there is lack of parking on
32 the County side because the workers from the Bandon Lurie
33 building are taking the spaces of the working people in the area.
34 She said that Mr. Lurie has shown little consideration to the
35 concern of the affected people. She then said that there is an
36 overflow of parking on the swale on the SW 7600 block. She then
37 asked the Commission for more police presence in the downtown
38 area during the weekend because of the increase of youth
39 concentrating during that period of the week. She then referred
40 to the resolution on the Agenda relating to the Montana lease,
41 indicating that it is not well written from a business
42 standpoint, recommending that it be reviewed by a business
43 attorney.
44
45 Commissioner Sherar then asked as to whether the City has
46 any ordinance in place to deal with the workers' parking when
47 working on a big construction project. Ms. Davis said that she
48 would look into it.
49
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1 Frank Cuzzocrea said that some of the extra revenue that the
2 City is generating should serve for the reduction of taxes on
3 residential and commercial properties instead of new spending. He
4 then spoke against item no. 21 relating to Charter amendments,
5 saying that this measure will limit the chances for growth in the
6 future. He also spoke against item no. 14 relating to
7 Commission's compensation, saying that this decision should be up
8 to the voters of the City.
9
10 Bob Welsh spoke about a house in his neighborhood which has
11 50 cats. He said that the smell is offensive and urged the
12 Commission to either ban the amount of cats per household or
13 outlawing bad smell.
14
15 Jay Beckman spoke regarding the parking issue. He then spoke
16 in favor of items no. 20 and 21 relating to Charter amendments.
17
18 Beth Swartz said to concur with Commissioner Wiscombe in the
19 desire to beautify the streets, particularly on US1 and SW 57th
20 Avenue which is the very entrance of our City. Also referred to
21 parking overflow into the residential neighborhoods since we need
22 in order to protect the neighborhoods intact. She referred to an
23 additional traffic study which might be necessary and that would
24 require additional monies set aside and the Mayor indicated that
25 the issue will be probably discussed at the next Commission
26 meeting. She then referred to items no 20 and 21 and said to
27 concur with Jay Beckman who spoke in favor of the Charter
28 amendments.
29
30 After there were no more speakers, the Public Remarks
31 section was closed.
32
33 At this point the following items were pulled from the
34 Consent Agenda by Commissioner Wiscombe Items -no. 7, 8 and 10
35 (now nos. 12,'13 and 14).
36
37 CONSENT
38
39 Resolution No. 102 -04 -11881
40 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
42 COMMITTEES; APPOINTING SAMANTHA SIMEON AND STEPHANIE
43 SIMEON TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR
44 A TWO YEAR TERM ENDING JULY 19, 2006; AND PROVIDING AN
45 EFFECTIVE DATE. 3/5
46 (Mayor Russell)
47
48
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MINUTES - July 20, 2004
Resolution No. 103 -04 -11882
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RESCINDING RESOLUTION
NO. 54- 04- 11833, RELATING TO BOARDS AND COMMITTEES;
WHICH APPOINTED SERGEANT JOHN BARZOLA, CID DIVISION
COMMANDER GREG FELDMAN AND SERGEANT LISA MORTON TO
SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A
TWO YEAR TERM ENDING MARCH 15, 2006; PROVIDING FOR
RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Russell)
Resolution No. 104 -04 -11883
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LT. DANIEL SALERNO, SGT.
MICHAEL D'ANGELO, OFFICER DARBY WAGNER; AND, SUZANNE
WILLIAMS, A RESIDENT OF THE CITY OF SOUTH MIAMI, TO
SERVE ON THE BOARD OF TRUSTEES /POLICE OFFICERS FOR A
TWO YEAR TERM ENDING JULY 19, 2006; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
Resolution No. 105 -04 -11884
7. A RESOLUTION OF THE MAYOR AND THE CITY COMMISION OF
THE CITY OF SOUTH MIAMI , FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS FOR THE POLICE DEPARTMENT TO TRADE IN AND
REPLACE FIREARMS AT NO COST TO THE CITY AS SET FORTH
HEREIN; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Resolution No. 106 -04 -11885
8. 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 $16,807.41; CHARGING $9,846.72 TO ACCOUNT
NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING
$6,960.69 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Resolution No. 107 -04- 11886
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF
$5,888.57; CHARGING $5,888.57 TO ACCOUNT NO. 1500 -514-
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1 3440, OTHER CONTRACTUAL SERVICES - CONSULTING LABOR;
2 PROVIDING AN EFFECTIVE DATE. 3/5
3 (City Attorney)
4
5 Resolution No. 108 -04 -11887
6 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
7 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
8 MANAGER TO EXECUTE TURF AND LANDSCAPE MAINTENANCE
9 MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF
10 TRANSPORTATION FOR THE MAINTENANCE OF MEDIAN ALONG
11 SOUTH DIXIE HIGHWAY (US1) FROM SW 57TH AVENUE TO SW
12 80TH STREET AND SUNSET DRIVE FROM SW 69TH STREET TO
13 US1; PROVIDING FOR AN EFFECTIVE DATE. 3/5
14 (City Manager)
15
16 Moved by Commissioner Wiscombe, seconded by Vice Mayor
17 Palmer, the motion to approve the Consent Agenda passed by a 5 -0
18 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 RESOLUTION (S)
27
28 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA SUSPENDING A CONTROLLED
30 PARKING RESIDENTIAL AREA (CPRA) IN THE VICINITY OF SW
31 58TH AVENUE AND SW 74TH TERRACE WHICH AREA WAS
32 DESIGNATED BY THE CITY MANAGER AS -A CPRA AT THE CITY
33 COMMISSION MEETING ON APRIL 22, 2003, AND DIRECTING THE
34 ADMINISTRATION TO REMOVE ALL RESIDENTIAL PARKING SIGNS
35 AND TO REVOKE ALL RESIDENTIAL DECALS AND VISITOR
36 PARKING HANGING TAGS; PROVIDING FOR AN EFFECTIVE DATE.
37 (City Manager) 3/5
38
39 Moved by Mayor Russell, seconded by Commissioner Wiscombe,
40 to table this item for further discussion and reschedule to come
41 back to the Commission in public hearing format; the motion
42 passed by a 5 -0 vote:
43
44 Commissioner Wiscombe: Yea
45 Commissioner Sherar: Yea
46 Vice Mayor Palmer: Yea
47 Commissioner Birts- Cooper: Yea
REGULAR CITY COMMISSION 13
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Mayor Russell:
Yea
At this time Ms. Davis, in response to a comment made by a
speaker during public remarks, said for clarification that the
Agenda was published on the City's website last Friday.
Resolution No. 109 -04 -11888
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING LEWIS SELLARS, CURTISS F. SIBLEY
AND SUZANNE GILMORE TO SERVE ON THE BUDGET AND FINANCE
COMMITTEE FOR A TERM ENDING SEPTEMBER 30, 2005;
PROVIDING FOR RESOLUTIONS IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Russell)
Moved by Mayor Russell, seconded by Vice Mayor Palmer to
approve this item.
Commissioner Wiscombe explained that the reason for pulling
this item is, and with all due respect to Mr. Sibley, is that
Mr. Sibley is one of the chief officers of the bank with which
the City conducts financial investments. The Commissioner
believes that there is a very fine line here and he feels very
uncomfortable about this appointment. He said he would not like
to jeopardize the City's good relationship with the bank.
Mayor Russell said that she does not see a problem with it
and mentioned that we have members on our boards who sell
insurance to the City for instance. She then asked Attorney
Figueredo whether there would be a problem from the legal
standpoint and he said that there isn't.
Commissioner Wiscombe reiterated that he really feels
uncomfortable with Mr. Sibley's appointment. Mayor Russell
asked the Commissioner as to whether he would like to propose
an amendment and he proceeded to do that.
Moved by Commissioner Wiscombe, seconded by Commissioner
Birts- Cooper to amend this item to include Mr. Sellars and
Suzanne Gilmore and to exclude Mr. Sibley.
Commissioner Sherar at this point asked Ms. Davis as to
whether she had a problem with Mr. Sibley's appointment. She
said that she does not have a problem with it since she does
not think that it would affect the City's business with the
Band in the future. We do not do our investments with them; we
do our checking with them. She said that the City goes out to
bid and whoever gives us the best deal gets the business. We
REGULAR CITY COMMISSION 14
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just went out to bid no more than 6 -8 months ago and they came
in low bid. This is not like in the case of an RFP where the
Commission may have a feeling one way or another about a
company with which they don't want to work. This is just a bid
process.
Commissioner Birts- Cooper asked and the City Manager
responded that Mr. Sibley is considered a vendor of the City.
To this, Commissioner Wiscombe then said that we do not allow
campaign contributions through vendors, we do not allow other
things through vendors, therefore, that is why I don't want us
to get into murky water and regret a decision in the future, he
added.
Attorney Figueredo said that this is an advisory board so
even though he may be a vendor they are not implementing any
decisions, all the board is doing is rendering advice which you
choose to take or not and that is why I don't see it to
constitute a conflict, the attorney concluded.
With no more comments or discussion, the motion to amend
this item failed by a 1 -4 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Nay
Vice Mayor Palmer: Nay
Commissioner Birts- Cooper: Nay
Mayor Russell: Nay
With no more comments or discussion, the motion to approve
this item 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
Resolution No. 110 -04 -11889
13. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO NEGOTIATIONS WITH MONTANA MCLEAN TENNIS FOR
THE OPERATION OF THE TENNIS CENTER AT DANTE FASCELL
PARK; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe
to approve this item.
REGULAR CITY COMMISSION is
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Commissioner Wiscombe said that the only reason he had for
pulling this item is because he wanted to bring to the
attention of the City Manager that we had a policy in the past
with regard to the selection committees. He said that in this
case there were three City employees, with one or two from
outside of the City, on this particular selection committee,
emphasizing that in the future he would appreciate that a
member of a board be included; in this case it would be from
the Park and Recreation Board. Ms. Davis said that she agrees
with the idea and that she will be sensitive about this in the
future.
With no more comments or discussion, the motion to approve
this item passed by a 5 -0 vote:
17 Commissioner Wiscombe: Yea
18 Commissioner Sherar: Yea
19 Vice Mayor Palmer: Yea
20 Commissioner Birts- Cooper: Yea
21 Mayor Russell: Yea
Resolution No. 111 -04 -11890
14. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $33,984.00 TO MEARS
MOTOR LEASING FOR THE BUYOUT OF EIGHT (8) LEASED 2000
FORD CROWN VICTORIA POLICE VEHICLES, DISBURSEMENT OF
FUNDS FROM ACCOUNT #001- 1910 - 521 -4450 LEASE PURCHASE -
POLICE VEHICLES, AS APPROVED IN THE FY 2003 -04 BUDGET;
AND PROVIDE FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe
to approve this item.
Commissioner Wiscombe said that the reason he had for
pulling this item is to ask if this is part of the phase out as
discussed by the last sitting Commission. He said that he
remembers that at one point during a discussion Ms. Davis was
going to give the Commission a date to start phasing out some
of the take -home cars and things like that. Mr. Davis said that
we have phased out 17 of them and at the last presentation she
had indicated that she had not received any direction from the
Commission. Commissioner Wiscombe said that the prior
Commission had given her directions.
Mayor Russell asked the City Manager to have a response for
Commissioner Wiscombe on his question by next Tuesday night.
REGULAR CITY COMMISSION 16
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1 Ms. Davis said that she had to go back into the minutes and
2 research it because she has a different understanding than he
3 does but that she could certainly be wrong.
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5 Commissioner Wiscombe then proposed to defer this item until
6 next week to give the City Manager the chance to research this
7 issue. Ms. Davis said that deferring this item would not
8 benefit the City. It will cost more money, and we will have to
9 buy these out anyway, and it was budgeted anyway. Commissioner
10 Wiscombe asked when the payment is due and Chief Martinez said
11 that it was actually due by the end of June of 2004 but that
12 they had gotten an extension.
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14 Vice Mayor Palmer asked as to whether these were pull -cars
15 or take -home cars. The Chief said that the officers are using
16 them in different shifts, some are old and some are pull -cars.
17 She also asked as to whether the amount shown on this
18 resolution is the final payment for the eight cars and the
19 answer was yes.
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21 Mayor Russell said that the money was budgeted for this
22 purpose.
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24 With no more comments or discussion, the motion to approve
25 this item passed by a 5 -0 vote:
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27 Commissioner Wiscombe: Yea
28 Commissioner Sherar: Yea
29 Vice Mayor Palmer: Yea
30 Commissioner Birts- Cooper: Yea
31 Mayor Russell: Yea
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33
34 ORDINANCE (S) SECOND- READING PUBLIC HEARING (S)
019
36 Ordinance No. 07 -04 -1814
37 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
38 CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -3 OF
39 THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, ENTITLED
40 "COMPENSATION FOR COMMISSIONERS AND MAYOR -
41 ESTABLISHED" TO ALLOW FOR AN INCREASE IN COMMISSIONER
42 COMPENSATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
43 CONFLICT, AND AN EFFECTIVE DATE. 3/5
44 Revised on 2nd reading 618104
45 (Commissioner Sherar)
46
47 Moved by Commissioner Sherar, seconded by Commissioner
48 Wiscombe to approve this item.
REGULAR CITY COMMISSION 17
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Commissioner Sherar said that he has always believed that
this Commission has been underpaid for a long time. He said
that he understands Frank's concern about this type of issue
going before the public. He said that it would make sense for a
large city such as that of the City of Miami, or the County
with larger budgets than ours. He also said to believe that
this increase would encourage more people out there to run for
office.
Commissioner Wiscombe referred to the COLA increase provided
in the ordinance and recommended that it be removed. Mayor
Russell then asked as to whether amending the ordinance again
on second reading would require to bring it back one more time.
Attorney Figueredo said that if the COLA provision was put in
by accident, he would treat it as scrivener's error, and it
would not be considered as an amendment.
Moved by Commissioner Wiscombe, seconded by Commissioner
Sherar, to strike on lines 38 -39, the statement referring to
the Cost -Of- Living (COLA) increase to the Commission, to
correct the scrivener's error, the motion passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
At this point, the Mayor opened the floor for public
hearing:
David Tucker Sr. said that one of the requirements for
serving on the Commission should be to be a resident of the
City for at least three years which would give that person a
better understanding of the community. Secondly, he would
recommend having an education requirement, a minimum of two -
year college certificate. Finally, he would like for this
person to have served for at least one year on one of the
boards or committees of the City.
Sharon McCain said that she does not believe that the
salaries for the Commission should be raised. She added that
the financial statements of the candidates should be more
extensive, and that a couple of years of income tax return
should be there, and if anyone had a record of financial
problems or bankruptcy in the past, it should be brought
forward. About the extra expense for clothes previously stated
by Vice Mayor Palmer, Ms. McCain said that she is the "jean -
type" of person and since she plans on running the next time
around, she does not think that she will need to spend $12,000
REGULAR CITY COMMISSION 18
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on clothes a year. She said not to agree that the raise will
bring more people to run, but that it will rather bring a lot
of people that are looking for money. She also said that there
should be some type of performance evaluation for elected
officials to determine whether they are doing their job.
Levy Kelly said that he had heard the speakers refer to
qualifications; however, he has not heard anyone refer to the
requirement of having love, concern and goodwill for the City.
This is far more important than any other requirements
mentioned. He said that the main requirement should be that the
person is a resident of the city and s /he has a concern for the
community.
Frank Cuzzocrea said that the issue is not just the amount
of the raise, but that the issue should be up to the voters to
decide. He urged the Commission to vote against the ordinance
and to allow the residents to make that choice.
At the closing of the public hearing, Mayor Russell said
that the question before the Commission is if they want to add
this to the referendum list.
Commissioner Sherar said that the increase is so modest,
especially in light of what happened to former Commissioner
McCrea's proposal. He then referred to Mr. Tucker's remarks
regarding qualifications, however, he said that at one time in
this Country, they used to have education tests for the
electorate, and those were designed to keep people from voting,
specifically black people. He then suggested that, Thomas
Edison did not have hardly any education. He said that anything
that narrows the pool of people to come forward to run the
government is the antithesis of what it is that he believes in.
He said that if the majority wants to opt for a referendum then
he will go along with it, however, it should be taken into
consideration that the amount of the increase is so small, and
furthermore, the increase will not take effect until the 2006-
07 budget year.
Vice Mayor Palmer said not to agree with the referendum. She
then referred to the speaker's allusion to her previous
statement regarding the need for extra clothing. She said that
she takes as much time as needed to study every item on the
Agenda very carefully, and that she spends entire hours
researching to be able to have an informed opinion for making
the right decision when the time comes. She said that it does
not seem fair to expect from them to use their own money for
which she is not financially prepared. She said that she never
promised in her campaign to use her salary to keep us going.
She said that people have no idea of all the sacrifices which
REGULAR CITY COMMISSION 19
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the office of the Commission entails. She said they do it
because of their love for the City.
Commissioner Wiscombe said that on the first election in
which he participated, the Commission prior to that election
had voted themselves a pay raise and that became one of the
campaign issues. However, he said, it was the mission of the
next Commission to rollback the pay raise. Therefore, if the
electorate chooses to express their desire by not reelecting
any of us, then that will be a clear message that the pay raise
should be rolled back. If on the contrary, we choose to run
again and we are reelected, that would be a stamp of approval
on the job we are doing, Commissioner Wiscombe added. He then
concurred with the Vice Mayor as to the time and dedication it
takes to do a conscientious job up there.
With no more comments or discussion, the motion to approve
this item as amended 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. 08 -04 -1815
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO.
15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING
SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET
AND FINANCE COMMITTEE; AMENDING MEMBERSHIP
REQUIREMENTS; AMENDING DUTIES AND RESPONSIBILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
Revised on 2nd reading 618104
(Mayor Russell)
Moved by Mayor Russell, seconded by Vice Mayor Palmer and
Commissioner Sherar to approve this item.
The public hearing was opened and closed with ho speakers.
With no comments or discussion, the motion to approve this
item passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
REGULAR CITY COMMISSION 2 0
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IN
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
RESOLUTION (S) /PUBLIC HEARING (S)
Resolution No. 112 -04 -11891
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20-3.4(B) (4) (b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT "NATURAL CHICKEN GRILL" IN THE "SR (HD -OV)"
SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING
DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE. 4/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe
to approve this item.
Planning Director O'Donniley explained that the applicant is
requesting a special use permit to operate a restaurant in part
of the ground floor of an existing two -story building at the
above - referenced address. He said that it is important to note
that the Hometown Overlay Zoning District Regulating Plan
designates this building as a "contributive building,"
therefore it is exempt from providing required parking spaces
per the Land Development Code. The Planning Board recommended
approval of this request with conditions.
Because this is a quasi - judicial hearing, Attorney Figueredo
proceeded to swear in speakers and Mayor Russell opened the
floor for public hearing:
Applicant Said Almukhtar spoke of his plans for the
restaurant and briefly referred to the history of the building.
Commissioner Wiscombe said that this sounds as "music to his
ears," since this has been a dead spot in the middle of all the
things that the Commission has been encouraging to improve.
With no more comments or discussion, the motion to approve
this item passed by a 5 -0 vote:
REGULAR CITY COMMISSION
MINUTES - July 20, 2004
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
21
1 Moved by Mayor Russell, seconded by Commissioner Russell,
2 at 11:01 p.m., the motion to extend the meeting until no later
3 than midnight passed by 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 RESOLUTION (S)
12 (Cont'd)
Resolution No. 113 -04 -11892
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA PROVIDING ESTIMATED COST
NOT TO EXCEED $7,000 TO COME FROM GENERAL CONTINGENCY
ACCOUNT #001- 2100 - 519 -9920 FOR A LEGAL OPINION RELATING
TO FORMER CITY MANAGER CHARLES SCURR'S PENSION MATTER;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Russell, seconded by Commissioner Wiscombe
to approve this item.
Ms. Davis explained that this Commission had directed staff
to solicit a fourth legal opinion as to whether the former City
Manager's pension should be paid. There were various questions
which were brought up by various Commissioners. At the last
meeting the Commission selected an attorney after determining
to be the best qualified, and further instructed her to obtain
an estimate of the cost for such services. This resolution is
intended to approve those estimated costs not to exceed $7,000,
as this was not a budgeted item. Ms. Davis reiterated that she
recommends denial of the resolution.
Mayor Russell then indicated that they had to make a
decision. The reality of the situation is that at the end of
this attorney's $7,000 opinion, the Commission will have two
choices: either they take his opinion, or they may find
themselves in litigation. Therefore, we need to be prepared and
willing to do whatever the next step is, and be financially
prepared to deal with it as well, the Mayor added.
Commissioner Wiscombe asked and Ms. Davis responded that our
first attorney was Delagloria. The Commissioner then referred
to conversations he had with Mr. Delagloria, and the very frank
discussion about the relationship that he had with Mr. Scurr.
REGULAR CITY COMMISSION 2 2
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He said that he was also uncomfortable with the suggestion that
was given at the time. He said that he also had a problem with
Attorney Gallop working in both, Palmetto Bay and here. He said
that he really would like to get a formal, written assessment
of the situation so that this issue may be resolved. He said
that he has personally called Mr. Cohen and has shared some of
his concerns and has passed some information to him regarding
this issue. For instance, there are requisitions that were made
out to the pension fund for a specific person; there was also a
requisition that was written that said "bypass the Commission,
for $5,400 which is a violation of the Charter. Commissioner
Wiscombe said that he would provide copies of these to the
Commission.
Vice Mayor Palmer said that there are so many obscure angles
to this issue that she is looking forward for this written
legal opinion and that she will go along with that decision and
urged the Commission to do the same so that this issue could be
put to rest once and for all.
Commissioner Sherar said that Mr. Scurr's attorney was given
a chance to submit to the Commission his opinion as to his
client's rights but that he chose not to do anything. Also, he
said that he is afraid that. this legal opinion could be left in
a gray area, and that he is really looking forward to getting a
yes or no recommendation. He then urged Ms. Davis to make it
clear to Mr. Cohen that his opinion will entail giving us legal
advice as to whether or not we are going to go into litigation.
Ms. Davis said that she has been very clear about this, adding
that the Commission has been provided with the information that
was forwarded to the attorney, except for what Commissioner
Wiscombe mentioned. She said that she is also looking forward
to seeing a `black and white' opinion.
Ms. Davis then responded to the Vice Mayor saying that Mr.
Scurr's pension payment figure was originally in the area of
$175,000 and that it had been brought down to $107,000 as the
result of negotiations.
Vice Mayor Palmer then reminded Commissioner Wiscombe that
she would like to see his questions of concern which he sent to
the attorney. Mayor Russell reiterated that he will be
distributing them through the City Clerk.
With no more comments or discussion, the motion to approve
this item passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
REGULAR CITY COMMISSION 23
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Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA SETTING THE DATE OF
2004 AT PM IN THE SOUTH MIAMI
CITY COMMISSION CHAMBER FOR A PUBLIC HEARING ON THE "SW
62' AVENUE CORRIDOR CHARRETTE" REPORT WHICH RESULTED
FROM A CITY SPONSORED CITIZENS PLANNING EVENT; AND
DIRECTING THE ADMINISTRATION TO ADVERTISE THE PUBLIC
HEARING AND PROVIDE MAIL NOTICE; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Sherar, seconded by Mayor Russell, the
motion to table this item passed by a 5 -0 vote:
Mayor Russell explained that her intention when she asked
the City Manager when this item would be on the Agenda, it was
just to set a date, not to put it on for an additional public
hearing. She then asked staff to consider bringing back the
Planning Board original recommendation at the next meeting. We
have heard public hearings on it a number of times. She said she
does not think that another public hearing is necessary, but that
they need to make a decision since it. is only fair to the
property owners on 62nd Avenue to finalize this project and put
it behind us.
Commissioner Sherar said that he recalls going point by
point at the last Commission Workshop, and that he thought that
everything had been resolved. He then said that there was a
problem with the FAR, however. Mr. O'Donniley said that they did
discussed the FAR but that it was not clear as to whether we had
reached a firm point on that. Mr. O'Donniley also said that they
were not clear either on whether it was decided two or three
stories, and that is the guidance that staff is looking for, and
similarly, that would apply to density as well. Therefore, staff
wanted to know as to whether the Commission would like to have
more public input or whether they would like to have staff making
some suggestions to the Commission. Another point was the
question of the "mixed -use" district approach.
Commissioner Wiscombe said that if the intent on the next
two items on the Agenda relating to Charter amendments on
building heights becomes a reality, it could mean reworking the
whole thing again on 62nd Avenue.
Mr. O'Donniley then added the fact that this is under
REGULAR CITY COMMISSION
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24
control of the Land Use Plan providing that there must be a
mixture of uses, and it has a maximum FAR of 1.6. Therefore,
there are certain ceilings, regardless of what we may be looking
at here.
Commissioner Sherar said that he recalls that there were a
two -story and three -story suggestion, and that there would have
to be some kind of adjustment with the FAR accordingly, and that
everything else we pretty much agreed on. What I would suggest,
Commissioner Sherar continued, is having staff finalize this
based upon the last recommendations that we have and then give us
a breakdown chart.
Mayor Russell then adding to Commissioner Sherar's idea,
asked staff to bring a report showing UM, Planning Board, and
staff recommendations so that they can see and understand what
the impact of amending the FAR would be so that they can make a
decision. Then, the Commission can determine as to whether
another public hearing is needed. This direction was given to
staff by acclamation of the Commission.
Moved by Mayor Russell, seconded by Commissioner Sherar, the
motion to table this item passed by a 5 -0 vote:
Commissioner Wiscombe: Yea
Commissioner Sherar: Yea
Vice Mayor Palmer: Yea
Commissioner Birts- Cooper: Yea
Mayor Russell: Yea
31
32 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
33
34 (None)
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36 ORDINANCE (S) FIRST READING
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38 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
39 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
40 AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
41 HEIGHT AND DENSITY WITHIN SINGLE - FAMILY ZONE AREAS TO
42 THE ELECTORATE OF THE CITY AT THE NOVEMBER 2, 2004
43 ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
44 CONFLICT, AND AN EFFECTIVE DATE. -34/5
45 (Commissioner Sherar)
46
REGULAR CITY COMMISSION 2 5
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Moved by Vice Mayor Palmer, seconded by Commissioner Sherar
to approve this item.
Commissioner Sherar explained that a couple of years ago a
referendum was presented to the electorate on the building
heights issue. We were the first people using the electronic
voting machines, 19 votes disappeared and nobody seemed to care.
Now with the presidential election, however, everybody cares
where these votes are going. At that time, there were three
different proposals: A, B and C. B is the one that most people
seemed to agree on. The purpose of the proposal is to protect the
residential area from commercial intrusion. He explained that the
only thing the Commission will be voting on tonight is to
determine as to whether this is going to go to a referendum.
Mayor Russell said that she concurs with Commissioner Sherar
as to the importance of bringing this issue to the electorate to
decide. However, she also needs to know the opinion of the
Planning Board as to whether the proposals comply with the Comp
Plan. She also said she needs to know how much it is going to
cost the City every time we need to hold a special election.
After they hear from the Planning Board, then she said that they
need to have a workshop based on the Board's recommendation, and
also to discuss the ballot language so that it will not be
confusing for the electorate. She then pointed out that we are in
the middle of the Evaluation and Appraisal Report (EAR) process,
and asked the Planning Director as to whether they are being
statutorily concurrent with everything they are supposed to be
doing. Mr. O' Donniley said that he has been in discussions with
the City Manager about trying to set up some workshop with the
Commission and that this is something that should be looked at
during the EAR process.
At this point, Mayor Russell allowed Jay Beckman, Dr.
Zakarias, and John E. Smith to speak even though this was not
published for public hearing. Mr. Beckman gave some explanations
regarding the definition of the height. Dr. Zakarias spoke
against the ordinance. Mr. Smith said because we have the Comp
Plan, the LDC, the Planning Board and a City Commission, he
believes it is poor public policy to put this before the voters
every time we want to have some redevelopment in the area.
Moreover, the height is somewhat confusing in the way the
ordinance is proposed, he added.
Vice Mayor Palmer said that it is a good idea to defer the
item since she would like to have more information on the issue,
particularly with the legal aspect of it.
Commissioner Wiscombe also concurred with the general
consensus that this issue should go before the Planning Board for
REGULAR CITY COMMISSION 2 6
MINUTES - :�L':'_.'.' 20, '2004
1 their review and recommendation to make sure that this is in
2 compliance. He said that he wants to make sure that this is
3 presented to the voters in a clear and simple fashion so that
4 everyone will be able to understand it.
5
6 Mayor Russell said that she wants to send it to the voters
7 legally sufficient.
8
9 Commissioner Sherar then moved to make an amendment on line
10 23 of the second page of the proposed ordinance as follows and
11 therefore line 23 shall read: "allows deve__pm t a building to
12 exceed a building a height of two stories."
13
14 Moved by Commissioner Sherar, seconded by Mayor Russell, the
15 motion to defer this item as amended, pending the Planning Board
16 recommendations, passed by a 5 -0 vote:
17
18 Commissioner Wiscombe: Yea
19 Commissioner Sherar: Yea
20 Vice Mayor Palmer: Yea
21 Commissioner Birts- Cooper: Yea
22 Mayor Russell: Yea
23
24
25 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER
27 AMENDMENT; PRESENTING AN INITIATIVE TO LIMIT BUILDING
28 HEIGHT AND DENSITY TO THE ELECTORATE OF THE CITY AT THE
29 NOVEMBER 2, 2004 ELECTION; PROVIDING FOR SEVERABILITY,
30 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. -34/5
31 (Commissioner Sherar)
32
33 Moved by Commissioner Sherar, seconded by Mayor Russell, to
34 approve this item.
35
36 Moved by Mayor Russell, seconded by Commissioner Sherar, at
37 11:00 p.m. the meeting was extended until 12:15 p.m. and approved
38 by acclamation.
39
40 Mayor Russell reiterated that her concern consists on this
41 proposal being in compliance with the Comp Plan of the City, and
42 that also we need to make sure that all aspects relating to
43 zoning are addressed.
44
45 Moved by Commissioner Sherar, seconded by Commissioner
46 Wiscombe to defer this item pending the results of a special
47 hearing of the Planning Board, the motion passed by a 5 -0 vote:
48
49 Commissioner Wiscombe: Yea
REGULAR CITY COMMISSION 2 7
MINUTES - July 20, 2004
1 Commissioner Sherar: Yea
2 Vice Mayor Palmer: Yea
3 Commissioner Birts - Cooper: Yea
4 Mayor Russell: Yea
5
6
7 COMMISSION REMARKS
8
9 Commissioner Wiscombe reported to the City Manager that he
10 has seen a tremendous amount of signage throughout the city, such
11 as "yard sales," as well as signs nailed to telephone poles. He
12 also referred to political signs still up. He said that he has
13 seen an increase in the vinyl signs displayed on establishment
14 windows. He also reported that the signage for the BT Gentlemen's
15 Club on the back by Deli Lane still shows "Booby Trap," asking
16 the City Manager to take care of it. He then thanked everyone for
17 staying and for giving their input on the different issues.
18
19 Commissioner Sherar suggested having the agenda packages
20 online in order to save some costs. He also suggested imposing
21 occupational license on the "exotic" dancers because they are
22 independent contractors who are making money in the City. He also
23 suggested occupational licenses for the valet parking people.
24
25 Commissioner Birts- Cooper took the time to commend Ms. Davis
26 for the fantastic job she is doing with the budget. She also
27 thanked everybody for coming to the meeting tonight. Regarding
28 item no. 18 relating to the CPRA, she said that she worked on
29 Sunset for over 20 years and that she paid for parking at First
30 National Bank all those years. She said that this measure will
31 result in taking a benefit away from the residents.
32
33 Vice Mayor Palmer also thanked everyone for coming to the
34 meeting. She said that she is also concerned about the residents
35 and that she hopes that at the next meeting it will be resolved.
36
37 Commissioner Birts- Cooper again spoke to say that she would
38 like to see more roundtables before they get to this point, and
39 that they need to let one another know what they are doing and
40 what is coming up.
41
42 Mayor Russell concurred with Commissioner Birts- Cooper as to
43 the need for more roundtables. She then took a moment to remember
44 the late Earl Gallop, what an asset he was to the City and that
45 she is going to miss him immensely.
46
47 There being no further business to come before this Body,
48 the meeting adjourned at 12:15 P.M.
49
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MINUTES - July 20, 2004
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Attest
Maria M. Menendez
City Clerk
REGULAR CITY COMMISSION
MINUTES - July 20, 2004
29
Approved
Mary Scott Russell
Mayor