CITY OF SWEETWATER

REGULAR COMMISSION MEETING

MINUTES

                                         MEETING DATE: JULY 6, 2009 AT 8:00 P.M. COMMISSION CHAMBERS, 500 SW 109 AVENUE

                        1.            ROLL CALL.

Present: Honorable Manuel L. Marono, Mayor; Commission President Jose M. Diaz; Commissioners Ariel J. Abelairas, Prisca Barreto, Jose Bergouignan, Jr., Manuel Duasso, Jose M. Guerra and Orlando Lopez; City Attorney Ralph Ventura and City Clerk Marie Schmidt.

               2.             PLEDGE OF ALLEGIANCE.

President Diaz led the Pledge of Allegiance.

     3.            NATIONAL ANTHEM BY THE CHILDREN FROM THE SWEETWATER BAPTIST CHURCH.

Choir Director Orlando Valdes gave a moving rendition of the National Anthem. Church members joined him and recited the pledge in Spanish.

                        4.             INVOCATION BY PASTOR PEDRO PARED OF THE SWEETWATER BAPTIST CHURCH.

Pastor Pared gave the Invocation.

    5.            SPECIAL PRESENTATIONS.

Commissioner Abelairas presented a plaque to Mayor Marono on behalf of the Sweetwater Police Department thanking the Mayor for donating vehicles to the City including a bus and several vehicles to the Police Department.

   6.             PRESENTATION OF EMPLOYEE OF THE MONTH AWARD.

Mayor Marono named Finance Director Anny Chez as Employee of the Month.

                        7.             PRESENTATION OF OFFICER OF THE MONTH AWARD.

Detective Reny Garcia was named as Officer of the Month for his work in apprehending the persons spreading graffiti throughout the City.

                        8.             ADDITIONS AND DELETIONS TO THE AGENDA.

The following items were added under Staff Items:

G. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LOCAL SERVICES PROGRAM CONTRACT BETWEEN THE CITY OF SWEETWATER AND THE ALLIANCE FOR AGING, INC. FOR THE PROVISION OF ELDERLY SERVICES IN FISCAL YEAR 2009-2010; PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. (MAYOR MARONO/GRANTS ADMINISTRATOR)

H. REPORT BY MAYOR ON SELECTION OF CONTRACTOR FOR SENIOR CENTER WATERMAIN CONTRACT. (MAYOR MARONO)

I. A RESOLUTION OF THE MAYOR AND COMMISSION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE LOAN AGREEMENT WITH SUNTRUST BANKS FOR THE CITY’S SHOPPING CENTER. (MAYOR MARONO/FINANCE DIRECTOR)

J. A RESOLUTION OF THE MAYOR AND COMMISSION APPROVING THE BUDGET OF THE SENIOR CENTER FOR FISCAL YEAR 2009-2010; PROVIDING AN EFFECTIVE DATE. (MAYOR MARONO/GRANTS ADMINISTRATOR)

K. AUTHORIZATION TO EXPEND $4,059.00 TO PETERSON INDUSTRIES FOR A HYDRAULIC ACTUATOR MOTOR FOR THE FORD TRUCK CRANE. (NON-BUDGETED)(MAYOR MARONO/MAINTENANCE DIRECTOR)

9.             CONSENT AGENDA.

Upon motion by Commissioner Lopez, second by Commissioner Bergouignan and unanimous 7-0 vote, Item A on the Consent Agenda was approved as presented by the City Clerk.

A. APPROVAL OF MINUTES FOR JUNE 1 AND JUNE 10, 2009 COMMISSION MEETINGS. (CITY CLERK)

Approved as presented by the Clerk.

10.         STAFF ITEMS.

A. AN ORDINANCE OF THE CITY OF SWEETWATER, FLORIDA DELETING LANGUAGE IN THE CITY CODE REQUIRING ANNUAL APPOINTMENTS OF DEPARTMENT HEADS, ADDING LANGUAGE REQUIRING APPOINTMENT AT THE BEGINNING OF EACH NEW MAYORAL TERM, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR EFFECTIVE DATE. (MAYOR MARONO)(FIRST READING)

Mayor Marono explained that this is essentially cleanup legislation to bring the code into compliance with a charter change approved by the voters several years back. Commissioners Bergouignan and Barreto voiced opposing views indicating that they feel the Commission should not relinquish their authority for four years once the initial ratification of the Mayor’s appointment is given. Discussion continued without clear concurrence for either view. Upon motion by Commissioner Bergouignan, second by Commissioner Lopez and 6-1 vote, the motion by Commissioner Bergouignan to table carried. Commissioner Guerra cast the lone dissenting vote.

 

B. OPENING OF BIDS FOR NETTING AT RONSELLI PARK. (MAYOR MARONO/PARK DIRECTOR)

Initially, this item was tabled by unanimous vote, however, a motion to reconsider was offered by Commissioner Barreto, seconded by Commissioner Bergouignan and passed by unanimous 7-0 vote. Commissioner Lopez moved to waive the three bid requirement. Commissioners Bergouignan and Guerra seconded and the motion carried by unanimous 7-0 vote. President Diaz proceeded to open the bids and announced the following results.

A & Q Fence Corp. Bid $41,190.00.

Ballpark Maintenance Inc. Bid $45,865.00.

Mayor Marono recommended that the bids be checked by staff as to references, licenses and materials. Upon motion by Commissioner Duasso, second by Commissioner Guerra and unanimous 7-0 vote, the two bids were remanded to the Mayor for staff to check references, licenses and materials in bids. Mayor Marono is to bring this issue back with his recommendation.

C. AN ORDINANCE OF THE CITY OF SWEETWATER, FLORIDA, AMENDING SECTION 14-9 OF THE CODE OF ORDINANCES OF THE CITY OF SWEETWATER, PROVIDING FOR ZONING FEES; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTS, CODIFICATION AND EFFECTIVE DATE. (SECOND READING AND PUBLIC HEARING)

The public hearing was opened. There being no persons wishing to speak on this matter, the public hearing was closed. Upon motion by Commissioner Lopez, second by Commissioner Barreto and unanimous 7-0 vote, the foregoing ordinance was adopted and assigned #3406.

D. AN ORDINANCE OF THE CITY OF SWEETWATER, FLORIDA, AMENDING SECTION 14-5 OF THE CODE OF ORDINANCES OF THE CITY OF SWEETWATER, PROVIDING FOR AMENDED BUILDING PERMIT FEES, PLUMBING PERMIT FEES, ELECTRICAL PERMIT FEES, MECHANICAL PERMIT FEES, PLAN EXAMINER FEES, CONCURRENCY REVIEW FEES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE. (SECOND READING AND PUBLIC HEARING)

The public hearing was opened. There being no persons wishing to speak on this matter, the public hearing was closed. Upon motion by Commissioner Lopez, second by Commissioners Guerra and Duasso and unanimous 7-0 vote, the foregoing ordinance was adopted and assigned #3407.

 

E. A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF SWEETWATER APPROVING BUDGET REVISION NO. 1 OF THE CITY OPERATING BUDGET OF THE SENIOR CENTER FOR FISCAL YEAR 2008-2009 AND AMENDING THE SAID OPERATING BUDGET OF THE CITY OF SWEETWATER. (MAYOR MARONO/SPECIAL PROJECTS MANAGER)

Upon motion by Commissioner Abelairas, second by Commissioner Barreto and unanimous 7-0 vote, the foregoing ordinance was adopted and assigned #3408.

F. A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF SWEETWATER, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NEWTRITION CONCEPTS, INC. TO PROVIDE NUTRITION CONSULTATION; PROVIDING FOR EFFECTIVE DATE. (MAYOR MARONO/SPECIAL PROJECTS MANAGER)

Upon motion by Commissioner Bergouignan, second by Commissioners Abelairas and Duasso and unanimous 7-0 vote, the foregoing resolution was adopted and assigned #3409.

G. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LOCAL SERVICES PROGRAM CONTRACT BETWEEN THE CITY OF SWEETWATER AND THE ALLIANCE FOR AGING, INC. FOR THE PROVISION OF ELDERLY SERVICES IN FISCAL YEAR 2009-2010; PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. (MAYOR MARONO/GRANTS ADMINISTRATOR)

Upon motion by Commissioner Abelairas, second by Commissioner Duasso and unanimous 7-0 vote, the foregoing resolution was adopted and assigned #3410.

H. REPORT BY MAYOR ON SELECTION OF CONTRACTOR FOR SENIOR CENTER WATERMAIN CONTRACT. (MAYOR MARONO)

The Mayor’s report was reviewed and a correction was made in wording on the documents to reflect that the recommendation was for the most responsive responsible bidder. Recommendation of the City Engineer was to accept the bid of Williams Paving Co. who submitted the lowest bid for the work and met all the requirements of the bid. Mayor Marono advised that based on recommendations by staff he chose Williams Paving Co. as the contractor for the watermain extension work.

I. A RESOLUTION OF THE MAYOR AND COMMISSION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE LOAN AGREEMENT WITH SUNTRUST BANKS FOR THE CITY’S SHOPPING CENTER. (MAYOR MARONO/FINANCE DIRECTOR)

Upon motion by Commissioner Abelairas, second by Commissioner Guerra and unanimous 7-0 vote, the Commission made a change to the bank’s resolution limiting attorneys’ fees to $2,000 including out of pocket expenses instead of $2,000 plus out of pocket expenses. The foregoing resolution with the change in the bank resolution was adopted and assigned #3411.

J. A RESOLUTION OF THE MAYOR AND COMMISSION APPROVING THE BUDGET OF THE SENIOR CENTER FOR FISCAL YEAR 2009-2010; PROVIDING AN EFFECTIVE DATE. (MAYOR MARONO/GRANTS ADMINISTRATOR)

Upon motion by Commissioner Abelairas, second by Commissioners Lopez and Duasso and unanimous 7-0 vote, the foregoing resolution was adopted and assigned #3412.

K. AUTHORIZATION TO EXPEND $4,059.00 TO PETERSON INDUSTRIES FOR A HYDRAULIC ACTUATOR MOTOR FOR THE FORD TRUCK CRANE. (NON-BUDGETED)(MAYOR MARONO/MAINTENANCE DIRECTOR)

Upon motion by Commissioner Lopez, second by Commissioners Abelairas and Duasso and unanimous 7-0 vote, the foregoing expenditure was approved with appropriation from General Fund.

11.         PETITIONS - COMMUNICATIONS - REMONSTRANCES.

A. Resident Norval Hilderbrand, 10201 SW 6 Street, complained about the free bus service, street sweeping, the Dominoes Park and assault rifles for the Police Department as wastes of taxpayers’ money. Mayor Marono rebutted the allegations pointing out that the free bus service is provided through the transportation tax money which is administered by CITT who determines how the money is spent. The City was informed that the money it receives is to be used to provide free bus service and nothing else. If the City does not want to provide the service, it will not receive any money. This way the City puts a bus on the road for those who have no other means of transportation and it is not costing the City any General Fund money. As to the rifles, basically the same scenario exists. Money to purchase the rifles came from a fund with tight restrictions on how it was to be spent. Rifles met the criteria for disbursement of those funds. The Dominoes Park is used on the weekends by residents for parties and the revenue it brings in pays for its upkeep.

Mr. Hilderbrand also complained that he had received letters from Code Enforcement about his grass and advised that his yard is full of Florida lilies and he will not cut his grass until they finish blooming no matter how many letters he receives.

B. Resident Regla Gonzalez, 11160 NW 3 Terrace, president of the L’il Abner Homeowners Association described the efforts she has made to bring about the sale of the trailer park to the residents by individual lot purchases. She indicated the present owners were included in the meetings and indicated they were amenable to the sale. However recently the owners sent out notices informing the residents they had no intention of selling the park. She described her frustration and loss of confidence in the owners and indicated she is fighting to keep the park for mobile homes instead of for other types of more lucrative development.

Commissioners assured her that the Commission and the Mayor have given the residents of the park their support by passing a resolution vowing not to change the zoning on the trailer park property. They have no control over the content of the literature the owners are distributing to the residents and cannot force the owners to sell the park to the residents if they do not want to.

12.         REPORTS.

POLICE AND CODE ENFORCEMENT REPORT.

Written report submitted.

PARKS AND RECREATION REPORT.

Written report submitted.

MAINTENANCE DEPARTMENT REPORT.

Written report submitted.

CITY ATTORNEY REPORT.

Mr. Ventura reported on the Third District Court of Appeals decision in the appeal of the city regarding attorneys’ fees for Sgt.. George Alvarez and Det. Allen St. Germain. The Court decided in the city’s favor, however, the decision does not affect the legality of the statute. The Mayor and Commission congratulated Mr. Ventura on this momentous win which will save the City $200,000 in really tight fiscal times.

MAYOR’S REPORT.

Mayor Marono reported that the Phase II Drainage System project will go to bid around September and the expansion of the senior center will be bid the end of this month hopefully.

The City’s annexation project will go before the County’s Planning Advisory Board in a couple of months.

He and the Finance Director have been working on a massive budget revision and are looking at having to cut 1.2 million dollars from the present budget.

The Florida DOT is nearly finished its improvements on the east side of the city and they may have an excess of funds left that the City will be able to use for other needed projects.

COMMISSIONERS REPORT.

President Diaz read a patriotic poem which essentially said that all freedoms the people of America enjoy are as a result of the bravery of our soldiers. He asked God to bless America and to provide freedom and liberty to peoples of all nations.

ELDERLY SERVICES PROGRAM REPORT.

Written report submitted.

SPECIAL PROJECTS REPORT.

Written report submitted.

BUILDING AND ZONING REPORT.

Written report submitted.

J. FINANCE REPORT.

Written report submitted.

K. CITY CLERK’S REPORT.

Written report submitted. The Clerk advised the Mayor and Commissioners she has sent out the TRIM calendar on adoption of the 2009-2010 City budget.

L. REPORTS OF OFFICERS, BOARDS AND COMMITTEES.

None.

                            13.           UNFINISHED BUSINESS.

                                                            None.

        14.         NEW BUSINESS.

None.

                            15.         GOOD OF THE ORDER.

                                                            None.

        16.         ADJOURNMENT.

There being no further business before the City Commission, the meeting was declared adjourned at 10:08 PM

                                                                                                                    Marie O. Schmidt, CMC

                                                                                                                    City Clerk