1b1 City of South Miami
2 Regular City Commission Minutes
3 February 16, 2010
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5 CALL TO ORDER;
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The City Commission of the City of South Miami, Florida
met
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in regular session on Tuesday, February 16, 2010, beginning
at
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7:34 p.m., in the City Commission Chambers, 6130 Sunset Drive.
35
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of January 26, 2010
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A. Roll Call:
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The following members of the City Commission were present:
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Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
by Vice Mayor
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Commissioners Velma Palmer, Brian D. Beasley and Walter
A.
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Harris.
passed by a
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40
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Also in attendance were: City Attorney Laurence Feingold
and
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Assistant City Attorney Mark A. Goldstein, City Clerk Maria
M.
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Menendez and Acting City Manager Roger M. Carlton.
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Yea
43
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B. Invocation: The invocation was delivered by Mayor Stoddard
for
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a moment of silence.
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C. Pledge of Allegiance:
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The Pledge of Allegiance was recited in unison.
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D. Presentations(s)
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(NONE)
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31 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
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1. Approval of Minutes
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Minutes
of January 26, 2010
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Moved
by Commissioner Beasley, seconded
by Vice Mayor
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Newman, the
motion to approve the minutes of
January 26, 2010
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passed by a
4 -0 vote:
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Commissioner Palmer:
Absent
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Vice Mayor Newman:
Yea
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Commissioner Beasley:
Yea
CITY COMMISSION MINUTES 1
February 16, 2010
llaTtl
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Commissioner Harris: Yea
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Mayor Stoddard: Yea
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4
Minutes
of February 2, 2010
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Moved by Commissioner Beasley, seconded by Vice Mayor
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Newman,
the motion to approve the minutes of February 2, 2010
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passed
by a 4 -0 vote:
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Commissioner Palmer: Absent
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Vice Mayor Newman: Yea
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Commissioner Beasley: Yea
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Commissioner Harris: Yea
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Mayor Stoddard: Yea
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At
this time, Coldwell Banker Managing Broker of the Sunset
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Office,
Charlotte Seidel, presented a $1,500 check to the Grey
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Ghosts
for their team equipment and their uniforms.
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2. City Manager's Report (25 minutes)
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a)
Florida Power & Light Transmission Line Undergrounding
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Status Report (Verbal) (This item was deferred)
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b)
Report on Graffiti Task Force Initial Meeting;
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c)
Discussion of Potential Homeless Task Force (Verbal). Mr.
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Carlton spoke about the growing problem with the recent
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increase of homeless in the area. Commissioner Harris
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agreed to be the Commission liaison in this effort;
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d)
Follow up to State and Federal Legislative Workshop;
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e)
Appointment of Acting Finance Director Lisette Rivera;
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f)
Report on Ad Hoc Pension Advisory Committee Initial
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Meetings (This item was deferred)
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g)
Annual Report from Miami -Dade Fire Rescue Regarding
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Operation of South Miami Fire /Rescue Station;
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h)
Tinted Windows on Police Vehicles: Response to Citizen
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Inquiry;
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i)
South Miami Single- Family and Condo Inventory and Sales
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and South Miami Rental Statistics Analysis by Esslinger-
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Wooten - Maxwell Realtors;
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j)
Potential Delegation of Regulatory Powers for City Streets
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by Miami -Dade County;
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k),Ludlum
Trail Design Guidelines and Standards Public
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Meeting Announcement;
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1)
SW 62nd Avenue Striping Design Discussion;
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m)
Travel Basketball Registration Process;
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n)
Co- Designation (Street Naming) for Judge Block scheduled
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for Thursday, February 25, 2010 at 10:00 a.m. (Verbal) Mr.
CITY COMMISSION MINUTES 2
February 16, 2010
llaTt�
1 Carlton reminded the Commission about this upcoming event.
2 Mayor Stoddard at this time apologized in advanced for not
3 being able to attend because he teaches a class at that
4 time;
5 o) Setting Workshops for Dison and Dog Parks Design (Verbal).
6 Mr. Carlton asked whether the Commission would like a
7 combined workshop or two separate ones. Two separate
8 workshops were preferred and Commissioner Harris agreed to
9 be the liaison for the dog park;
10 p) Vendors Over $5,000 for January 2010. The direction of the
11 Commission was to post the list of vendors over $5,000
12 monthly on the City's website. Mayor Stoddard added that
13 this will show transparency and save time. He also said
14 that he would like to put even vendors under $5,000 on the
15 website.
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17 At this time Mr. Carlton introduced the new Code Enforcement
18 Manager, Carmen Quinn.
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20 With no further comments, the City Manager's Report ended.
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22 At this time Mayor Stoddard announced a 3- minute recess.
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25 3. City Attorney's Report (15 minutes)
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27 a) The Mediation hearing which was previously continued on
28 the claim of former City Manager, W. Ajibola Balogun, was
29 again heard before retired Supreme Court Justice, Gerald
30 Kogan, on February 12, 2010. Appearing for the City were
31 Acting City Manager, Roger M Carlton, Deputy City
32 Attorney, Mark Goldstein and Labor Attorney, Jim Crosland.
33 Mediation is designed as a closed proceeding held outside
34 of the requirements of the Sunshine Law. If they have
35 reached an acceptable settlement in the judgment of our
36 team, this item will be brought before you for final
37 approval.
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39 Mr. Feingold requested an executive session for March 2,
40 2010 at 6:00 p.m. to discuss the results of the mediation. Mr.
41 Carlton asked for a dual purpose executive session in order to
42 talk about the negotiations with AFSCME.
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44 b) The City attorney in conjunction with the Acting City
45 Manager determined that the Special Master's Opinion on
46 the South Miami Code violation case in favor of South
47 Miami Hospital was flawed. The City Attorney will and must
48 support Code Enforcement when they bring charges that
CITY COMMISSION MINUTES 3
February 16, 2010
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m1a f t!
appear meritorious against a property owner without regard
as to whether said property owner is a Mom and Pop
operation or a large corporation. Thus the attached appeal
filed by Deputy City Attorney, Mark Goldstein has been
filed. An appeal of this nature by a City is known as a
Petition for Certiorari. Notwithstanding our belief that
the Master's Opinion was erroneous, the Opinion comes
before the Appellate Division with a strong presumption of
Correctness and we may not prevail for that reason.
Nevertheless I deem it necessary and proper to file said
appeal even if we do not prevail. The mere filing of an
Appeal sends this message that we believe we are right and
we will not be a paper tiger. As with all litigation,
there are no additional attorney's fees charged to the
City for this Certiorari by the City Attorney and Court
Costs are minimal. I commend Mr Goldstein for being so
diligent working on a "no fee" case on Super Bowl weekend.
(Exhibit A)
c) Bert J. Harris Act Report - Attached hereto is a legal
opinion on the Bert J. Harris Act that should bring
clarity to certain issues as well as threatened
litigation. (Exhibit B)
d) Florida Power & Light - The City Attorney's Office has
successfully made the City of South Miami a party to the
present proceedings before the Public Service Commission.
Under the prior Administration the decision was made not
to be a party.
At this juncture Mr. Feingold informed the Commission about
an email from Commissioner Palmer against item no. 4 on the
agenda. He then recommended deferral of the item until March 2nd
so that the Commission can hear Commissioner Palmer's rebuttal
against Commissioner Beasley's position.
PUBLIC REMARKS
(5 minutes)
David Tucker Sr. addressed the Commission regarding notices
to the public in Spanish and Creole during the past City
Election.
Bob Welsh referred to different issues relating to
development, campaign finance reform and other issues relating to
politics in general.
CITY COMMISSION MINUTES
February 16, 2010
U,
1 Sharon McCain referred to the South Miami Hospital minor PUD
2 change, saying that she has not gotten a response to her inquiry
3 on this issue. She urged the Commission to start the Budget and
4 Finance Committee soon. She referred to a development on 74
5 Street which seems to be on hold and that residents have not been
6 able to use that street for two years now.
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8 Dick Ward talked about the Budget and Finance Committee,
9 saying that he served on that Committee for 12 years where the
10 members spent months preparing for their presentation of a budget
11 proposal to the City which was completely ignored by the
12 Commission at the time. He also referred to the growing problem
13 with the homeless.
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15 With no further speakers the public remarks section was
16 closed.
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�. • • • •
20 AND REMARKS
21 (25 minutes)
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23 a) Scheduling a Community Meeting for Saturday, February 20,
24 2010 at 10:00 a.m. at the Gibson - Bethel Community Center.
25 (Mayor Stoddard)
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27 Mayor Stoddard announced a Community Meeting mentioned
28 above, inviting the public to attend, particularly the residents
29 in the CRA area to discuss the various issues pertaining to that
30 community. He said that Dr. Marvin Dunn will be moderating the
31 meeting. He also invited the Commissioners to attend.
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33 Mayor Stoddard also spoke about another form of Commission
34 meeting, proposing that in addition to the regular Commission
35 meetings, a type of meeting where they would not vote but where
36 they would be free to discuss items of interest and concern. He
37 proposed having those informal meetings in the Commission
38 Chambers, seating around the oval table and that the public will
39 be invited to attend. The first of these meetings was set for
40 Tuesday, February 23, 2010 at 5:30 p.m.
41
42 Commissioner Harris said that there is a lot of excitement
43 around the City now with a lot of people wanting to volunteer to
44 be on boards. He said that he feels very excited and honored to
45 be part of this and that he is looking forward to new and good
46 things that will be happening in the City soon.
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CITY COMMISSION MINUTES 5
February 16, 2010
m1a t!
1 Vice Mayor Newman at this time presented a long overdue
2 recognition to Sharon McCain for her work on the Parking
3 Committee back in 2006.
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5 Vice Mayor Newman then spoke about annexation, urging the
6 Commission to start moving on a plan towards this goal.
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8 Commissioner Beasley took this opportunity to congratulate
9 the three newly elected officials to the Commission.
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11 With no further comments this section was closed.
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13
14 (CONSENT)
15 (NONE)
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17 RESOLUTION (S)
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20 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
21 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
22 ATTORNEY TO REPRESENT VICE MAYOR VALERIE NEWMAN BEFORE
23 THE STATE ATTORNEY IN CONJUNCTION WITH AN INQUIRY INTO
24 THE CIRCUMSTANCES OF THE DISCHARGE OF FORMER CITY
25 MANAGER W. AJIBOLA BALOGUN; AND PROVIDING AN EFFECTIVE
26 DATE. 3/5
27 (Commissioner Beasley)
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29 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
30 the motion to defer this item.passed by a 4 -0 vote:
31
32 Commissioner Palmer: Absent
33 Vice Mayor Newman: Yea
34 Commissioner Beasley: Yea
35 Commissioner Harris: Yea
36 Mayor Stoddard: Yea
37
38 38 -10 -13072
39 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE
41 LEAGUE OF CITIES REPRESENTATION; APPOINTING COMMISSIONER
42 BRIAN D. BEASLEY AS COMMISSION LIAISON TO THE MIAMI -DADE
43 LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. 3/5
44 (Vice Mayor Newman)
CITY COMMISSION MINUTES 6
February 16, 2010
m1a f t,
2 Moved by Commissioner Beasley, seconded by Vice Mayor Newman
3 to approve this item.
4
5 Vice Mayor Newman said that this is just a formality since
6 Commissioner Beasley attends all of the League's meetings anyway.
7
8 Commissioner Beasley said that he appreciated the support on
9 this appointment because he enjoys attending these meeting where
10 he learns about other municipalities and what they are doing in
11 their cities.
12
13 Mayor Stoddard expressed the desire to attend one of these
14 .meetings.
15
16 With no further comments, the motion to approve this item
17 passed by a 4 -0 vote:
18
1.9 Commissioner Palmer: Absent
20 Vice Mayor Newman: Yea
21 Commissioner Beasley: Yea
22 Commissioner Harris: Yea
23 Mayor Stoddard: Yea
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25
26 39 -10 -13073
27 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION
29 OF THE ACTING FINANCE DIRECTOR AS SIGNATORY IN CITY BANK
30 ACCOUNTS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
31 (Acting City Manager)
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33 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
34 approve this item.
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36 With no further comments, the motion to approve this item
37 passed by a 4 -0 vote:
38
39 Commissioner Palmer: Absent
40 Vice Mayor Newman: Yea
41 Commissioner Beasley: Yea
42 Commissioner Harris: Yea
43 Mayor Stoddard: Yea
44
45 40 -10 -13074
46 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE ACTING CITY
CITY COMMISSION MINUTES 7
February 16, 2010
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MANAGER TO DO BETA TESTING WITH OPTICAL CRIME
PREVENTION, INC. (OCP) FOR VANDALISM AND GRAFFITI AT NO
CHARGE TO THE CITY; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer:
Absent
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
Mayor Stoddard:
Yea
41 -10 -13075
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DECLARING THAT IT IS THE
POLICY OF THE CITY OF SOUTH MIAMI TO NOT DO BUSINESS
WITH ANY VENDORS DOING BUSINESS WITH IRAN OR SUDAN OR
ANY TERRORIST COUNTRY OR GROUP; PROVIDING AN EFFECTIVE
DATE. 3/5
(City Attorney)
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
Mayor Stoddard, speaking about the importance of this
resolution, said that history shows that motions of this nature
brought down previous oppressive regimes.
With some further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
February 16, 2010
Commissioner Palmer: Absent
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
I
1 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
2
3 07 -10 -2032
4 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FEE
6 SCHEDULE; AMENDING ORDINANCE 21 -09 -2013 TO AMEND
7 TEMPORARY FULL ROADWAY AND SIDEWALK CLOSURE PERMIT FEES
8 SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
9 CONFLICT, AND AN EFFECTIVE DATE. 3/5
10 (Acting City Manager)
11
12 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
13 approve this item.
14
15 Mr. Carlton presented this item, explaining that the purpose
16 of this ordinance is to revise the fees for this particular
17 section, amending the existing ordinance in order to cap these
18 fees at $10,000. He further explained that he has met with the
19 sponsors of the 5K Run organization who feel that even $10,000
20 would be a burden for them. Therefore, they plan to make their
21 event a City - sponsored one, which changes again the way fees are
22 calculated. Mr. Carlton also said that as a discussion item in
23 the near future regarding waiving fees for certain events, he
24 would recommend to have an annual process for submitting an
25 application from event sponsors so that we have an annual
26 allocation of the impact of waiving those fees.
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28 At this time the Mayor opened the public hearing.
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30 Sharon McCain brought up an issue which she said to be a
31 loss of meter revenue on 58th Avenue and 74th Street while
32 delivery trucks park there for long periods of time.
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34 With no further speakers the public hearing was closed.
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36 With some further comments, the motion to approve this item
37 passed by a 4 -0 vote:
38
39 Commissioner Palmer: Absent
40 Vice Mayor Newman: Yea
41 Commissioner Beasley: Yea
42 Commissioner Harris: Yea
43 Mayor Stoddard: Yea
44
45 At this time Mayor Stoddard requested placing at the
46 beginning of every agenda, before the Roll Call, an announcement
CITY COMMISSION MINUTES 9
February 16, 2010
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DT
requesting that all cell phones be turned off or silenced during
the meeting.
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
(NONE)
There being no further business to come before this Body,
the meeting adjourned at 9:39 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
February 16, 2010
Approved
Philip K. Stoddard
Mayor