11 City of South Miami
2 Regular City Commission Minutes
3 March 2, 2010
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, March 2, 2010, beginning at 8:07
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 Philip K. Stoddard, Vice Mayor Valerie Newman, and,
14 Commissioners Velma Palmer, Brian D. Beasley and Walter A.
15 Harris.
16
17 Also in attendance were: City Attorney Laurence Feingold and
18 Deputy City Attorney Mark A. Goldstein, City Clerk Maria M.
19 Menendez and Acting City Manager Roger M. Carlton.
20
21 B. Moment of Silence: By Mayor Stoddard.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27
28 Recognition for Commissioner Palmer receiving her
29 Doctorate's Degree
30
31 Mayor Stoddard congratulated Commissioner Palmer for
32 recently achieving her goal by obtaining her Doctorate's Degree.
33
34 Recognition for Dr. Joyce Price organizing the MLK Parade
35
36 At this time Mayor Stoddard thanked Dr. Price and her
37 organization for putting together such a wonderful Parade
38 honoring Dr. Martin Luther King, Jr.
39
40 Because none of the MLK Parade organizers were present at
41 the meeting, the certificates of appreciation were deferred to be
42 sent to them.
43
44
CITY COMMISSION MINUTES 1
March 2, 2010
llaTt!
1 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
P
3 1. Approval of Minutes
4
5 Minutes of February 10, 2010
6
7 Moved by Commissioner Palmer, seconded by Commissioner
8 Beasley, the motion to approve the minutes of February 10, 2010
9 passed by 4 eyes and 0 nays. Vice Mayor Newman was Out of the
10 Room.
11
12 Minutes of February 16, 2010
13
14 Moved by Commissioner Palmer, seconded by Commissioner
15 Beasley, the motion to approve the minutes of February 16, 2010
16 passed by 4 eyes and 0 nays. Vice Mayor Newman was Out of the
17 Room.
18
19 At this juncture Mr. Carlton announced that items 2c) and
20 2f) were being deferred; item 2g) would be withdrawn, as well as
21 items no. 8 and no. 14 on the agenda.
22
23 Mr. Carlton further announced that there would be two items
24 added on the agenda (see item no. 8 sponsored by Vice Mayor
25 Newman, and item no. 9 sponsored by Commissioner Harris).
26
27 2. City Manager's Report (25 minutes)
28
29 a) Annual Report required by the First on Sunset Project (aka
30 Project Sunset) Development Agreement submitted by Jerry
31 Proctor, Esq. representing project developer and property
32 owner South Miami Corporation. This report is more commonly
33 know as the 1St National Bank of South Miami Site.
34
35 b) Annual Report required by the Red Road Commons Development
36 Agreement submitted by Jerry Proctor, Esq. representing
37 project developer, RRC 57th Avenue, LLC.
38
39 c) Annual Affordable Housing Compliance Report required by the
40 Red Road Commons Development Agreement (Sec. 2f), submitted
41 by Jerry Proctor, Esq. representing project developer, RRC
42 57th Avenue, LLC. (Deferred 3102110)
43
44 d) Miami -Dade County Days in Tallahassee, April 21 -22, 2010
45 Discussion. (Verbal)
S,
CITY COMMISSION MINUTES 2
March 2, 2010
m1a f t�
1 Mr. Carlton informed the Commission about the need to know
2 who is planning to attend Dade Days so that staff can meet the
3 deadlines; Vice Mayor Newman and Commissioner Beasley said they
4 will be attending. Vice Mayor Newman then suggested bringing a
5 resident in place of the Mayor who will not be able to attend;
6 Mayor Stoddard then asked for anyone interested to call him and
7 let him know.
8
9 e) Pension Actuary Selection Process. This item relates to the
10 work of the Pension Ad Hoc Committee. (Verbal)
11
12 Mr. Carlton explained that it had been the unanimous view of
13 the Committee that they need its own actuary, independent of the
14 actuary that the Pension Board has in order to provide the
15 Commission with the best possible advice about what position to
16 take on pension reform. He said that this is a very limited field,
17 three firms were contacted and that we will be getting proposals
18 from them. The Pension Ad Hoc Committee will be making the
19 selection and we may tentatively be able to bring it before the
20 Commission by the first meeting in April.
21
22 f) Report on South Miami Hospital Minor Change to 2002 Approved
23 PUD: Explanation of Parking Minor Change. (Deferred 3102110)
24
25 Mr. Carlton explained that he deferred this item at the
26 request of the Mayor who had asked to look at this in more detail.
27
28 g) Clarification of City of South Miami Charter provision in
29 Art. IV, Sec. 4D; this item relates to a Charter provision
30 requiring contracts of more than one year duration requiring
31 a single public hearing before adoption.(Verbal)
32 (Withdrawn 3102110)
33 Mr. Carlton explained that he was very concerned about the
34 Charter provision requiring a public hearing on a multi - annual
35 contract, in particular regarding entering into the three -year
36 lease for a Tl line; after consultation with the City Attorney it
37 was determined to withdraw that matter and look at each situation
38 individually in order to comply with the Charter.
39
40 h) Discussion of Code Enforcement Manager, Carmen Quinn's Charge
41 memo. This item relates to the first year priorities for the
42 new Code Enforcement Manager and seeks City Commission input.
43
44 i) City towing solutions; need for an REP. (Verbal)
45
46 Mr. Carlton explained that he will be bringing an REP on this
47 soon.
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CITY COMMISSION MINUTES 3
March 2, 2010
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j) City Health, Life and Dental programs;
insurance carriers and agent of record
PTM
renewal discussion for
(Verbal)
Mr. Carlton said that it is a good practice every five years
to determine whether we should have a new agent of record; he said
that he will be meeting with the current agent of record and that
he will be reporting back to the Commission with his
recommendation.
k) Report on Atlantic Broadband Public Hearing. (Verbal)
Mr. Carlton explained that it is the requirement of our
franchise agreement to hold an annual public meeting to listen to
the residents about Atlantic Broadband services. About a couple of
years ago, the Florida Legislature pulled the regulatory authority
over cable companies away from municipalities and gave it to the
Department of Agriculture and Consumers Services. He said that
after proper advertising it, we held the hearing anyway and the
only two people in attendance were the two representatives of the
company.
1) People's Transportation Plan Municipal Share Distribution:
Discussion
Mr. Carlton, after briefly explaining this said that he will
do everything in his power to protect the City's share.
With no further comments the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
Mr. Feingold said that Deputy City Attorney, Mr. Goldstein
was successful in getting a new pickup, truck for the City from
the forfeiture fund. He added that we have a very active Police
Department in bringing in significant forfeitures. Mr. Carlton
added that at a future Committee of the Whole he will be
presenting a report to the Commission on the forfeiture fund.
Vice Mayor Newman said that she assumed that the report will
include how much money has been confiscated during the last two
years.
With no further comments the City Attorney's Report ended.
CITY COMMISSION MINUTES
March 2, 2010
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1 PUBLIC REMARKS
2 (5 minutes)
3
4 David Tucker Sr. at the request of the Mayor, addressed the
5 Commission regarding the Constitution and the Bill of Rights. Mr.
6 Tucker, a History teacher for many years, eloquently provided
7 background information on the subject, starting with Roman law.
8
9 Javier Banos referred to item no. 10 on the agenda relating
10 to the union contract, explaining that an amendment to the
11 pension ordinance will follow. to take care of the two point
12 reduction in the employee contribution for the fiscal year 2009-
13 2010. He then spoke in favor of Mr. Carlton for the permanent
14 position as city manager for at least the next twelve months.
15
16 Mr. Jacobson, managing partner of the Red Road Commons
17 project addressed the Commission regarding the Affordable Housing
18 Report. After briefly explaining the procedure for certification,
19 he said that the Affordable Housing Committee had requested
20 further backup information to check compliance of income levels
21' that are listed on their certification form. He said that what
22 they want is a request- by a taxpayer to the IRS for a certified
23 copy of their tax return. He said that they cannot request that
24 from the residents since that is a personal matter and that he
25 believes that no resident would like for his /her tax record to
26 become public. Mr. Jacobson asked for directions and Mayor
27 Stoddard told him to contact him by email.
28
29 Dick Ward referred to an abandoned house on the north side
30 of 80th Street. He then concurred with the prior speaker who
31 spoke in support of Mr. Carlton.
32
33 Cal Rosenbaum congratulated Commissioner Palmer on her
34 doctorate's degree; he also congratulated all new elected
35 officials. He then concurred with previous speakers in favor of
36 Mr. Carlton.
37
38 Daisy Harrell also congratulated all new elected officials.
39 She then asked for clarification as to a statement she heard
40 about "having the City back ". She said that she has always worked
41 with every new Commission and that she has always tried to help
42 in any way she possibly can.
43
44 John Edward Smith provided some trivia regarding a list of
45 past elected officials who by coincidence happened to live on
46 64th Court. He then referred to possible construction of bike
47 lanes on Sunset Drive. He said that FDOT now has presented new
48 drawings for Sunset Drive, from 69th Avenue west to 84th Street.
CITY COMMISSION MINUTES rj
March 2, 2010
1 He suggested working with the City Manager to determine how we
2 can adapt our future construction from 64th Court out to 69th, and
3 at least make accommodations for bike lanes there.
4
5 Mr. Carlton at this time informed the Commission about some
6 good news regarding a bike path on 62nd Avenue. He said that he
7 met with the County's Public Works director and they have agreed
8 to redesign 62nd Avenue in order to narrow the median a little,
9 and having two bike lanes along the whole distance, and that will
10 be at no additional cost to the City.
11
12 Brad Cassel referred to item no. 10 on the agenda relating
13 to the union contract, saying that the current multiplier is
14 missing from the language. He had other questions regarding the
15 same item and the City Manager said that those concerns would be
16 addressed as the item came up on the agenda.
17
18 Bob Welsh made comments regarding 64th Court and some of the
19 past elected officials that had lived there.
20
21 Sharon McCain spoke against the starting salaries that have
22 been advertised for the new vacant positions in the City. She
23 then referred to the parking garage and the contract between the
24 City and Mr. Richman; she read from the provision in the contract
25 mandating the tenant to include automated collection procedures.
26 She then referred to the Charter school and the two residential
27 homes used by officers from the Charter school. She then referred
28 to the Charter Review Committee saying that she believes that the
29 Committee has not been handled correctly.
30
31 With no further speakers the public remarks section was
32 closed.
33
34
35 COMMISSION REPORTS, DISCUSSION
37 (25 minutes)
38
39
40 Discussion of need for expanded homeless assistance effort.
41 (Commissioner Harris)
42
43 Commissioner Harris urged the residents to apply to serve on
44 one of the boards. He then referred to the challenges faced by
45 the Homeless Task Force, adding that they had been successful in
46 getting 4 out of 5 homeless people to willingly go to a shelter
CITY COMMISSION MINUTES 6
March 2, 2010
l in Homestead. He also urged people to join the Homeless Task
2 Force.
3
4 Commissioner Harris then asked the City Manager to make
5 arrangements to designate a location for the residents in South
6 Miami to be able to dispose of old batteries.
7
8 Vice Mayor Newman said that one of the priorities of the
9 Commission is reviewing the boards and committees, particularly
10 the Charter Review Committee, saying that perhaps the City
11 Attorney could provide some direction as to how to proceed with
12 that Committee.
13
14 Mayor Stoddard recommended that before they begin nominating
15 citizens to the boards, that they establish a procedure by which
16 they can proceed because that would produce a more orderly
17 process and a more equitable outcome.
18
19 Commissioner Beasley announced the Community Meeting to be
20 held Saturday, March 6, 2010 from 11:00 a.m. to 1:00 p.m.
21
22 Commissioner Beasley also announced a fundraising event for
23 South Miami Drug Free Coalition at Splitsville, Sunday, March 21,
24 2010 from 5:00 - 8:00 p.m.
25
26 Mayor Stoddard said that Florida Power and Light is
27 interested in beginning dialogue with the Commission on a number
28 of issues and that he is happy to open this dialogue up with
29 them, provided that he has the consent of the Commission.
30
31 At this time Commissioner Beasley offered to turn over his
32 position as liaison for the Commission with Florida Power and
33 Light to Mayor Stoddard.
34
35 Mayor Stoddard said that he is proposing to FIU to reduce
36 his appointment there by 10 percent to make time for his service
37 to the City of South Miami.
38
39 Mayor Stoddard then explained that as an environmentalist
40 and as a Mayor, he has been increasingly asked to support
41 environmental organizations and their various causes, but that he
42 would not want to make any commitments without the approval of
43 the Commission. There is a particular item that he has been asked
44 by the National Parks Conservation Association to endorse as
45 Mayor, and that is the buyout of farmland in the Everglades basin
46 in order to protect the watershed.
47
48 Mayor Stoddard then informed that Officer Guzman caught an
49 individual during a robbery and the residents contacted him to
CITY COMMISSION MINUTES 7
March 2. 2010
PT
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1 express their appreciation for Officer Guzman once more. He also
2 echoed his appreciation to Officer Guzman.
3
4 With no further comments this section was closed.
5
6 Moved by Mayor Stoddard, seconded by Commissioner Harris to
7 move out of order item no. 10 on the agenda (now item no. 4). The
8 motion passed by 5 yeas and 0 nays.
9
10 At this time, and for the benefit of Commissioner Palmer who
11 asked the question, Mayor Stoddard explained that Dr. Marvin Dunn
12 is not representing the Commission, but will merely be moderating
13 the Community Meeting on Saturday. He further explained that Dr.
14 Dunn will not be answering any questions but only be handling the
15 mechanics of the meeting.
16
17 At this time SMCRA Board Member, Rodney Williams asked for
18 clarification regarding the Community meeting to be held
19 Saturday, March 6th, saying that he had not been officially
20 notified.
21
22
23 RESOLUTION (S)
WA
25 42 -10 -13076
26 4. A resolution of the Mayor and City Commission of the
27 City of South Miami, Florida, approving and authorizing
28 the Acting City Manager to execute a one -year agreement
29 between the American Federation of State, County and
30 Municipal Employees, AFL -CIO; Local 3294 (hereinafter
31 referred to as AFSCME) and the City of South Miami:
32 providing for an effective date. 3/5
33 (Acting City Manager)
34
35 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
36 approve this item.
37
38 Mr. Carlton presented this item, explaining that through
39 various sessions with the union and our labor counsel, and in
40 good faith, arms length negotiation a conclusion was reached. He
41 said that they agreed to the one -year contract; also, instead of
42 receiving the usual COLA and merit increase, they agreed to the
43 two -point reduction for their pension contribution. He said that
44 he was very much in opposition to deferring this item since the
45 two -point reduction is contingent to an amendment to the pension
46 ordinance. He urged the Commission to approve this item so that
47 the employees could get their money as soon as possible.
CITY COMMISSION MINUTES 8
March 2, 2010
m1a t�
2 At this time Mr. Cassel was allowed to address the
3 Commission with his concerns regarding differences between the
4 union contract and the pension ordinance.
5
6 Our labor attorney, Mr. Jim Crossland explained that the
7 provisions in the contract that Mr. Cassel referred to are just
8 historical data. In the current negotiations which led to this
9 agreement, he said that what he proposed to the union was that
10 whatever the multiplier was back in 1995 or 1996, etc, it is what
11 it is today and we have no dispute about what it is today. If
12 there is something missing in that historical data we can enter
13 into a Memorandum of Understanding (MOU), or we can just agree in
14 consultation with the union negotiator, to delete the old
15 historical provisions, and that is not changing the contract
16 because that is not a current provision. He then strongly
17 recommended the Commission ratifying the agreement before them
18 and that he will be correcting any scrivener's errors in the
19 agreement later on.
20
21 Javier Banos urged the Commission to approve the resolution
22 and to forward the amendment to the pension ordinance to the City
23 Attorney later on for review.
24
25 With some further comments, the motion to approve this item
26 passed by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Vice Mayor Newman: Yea
30 Commissioner Beasley: Yea
31 Commissioner Harris: Yea
32 Mayor Stoddard: Yea
33
34
35
36 (BEGINNING OF CONSENT)
37
38 43 -10 -13077
39 5. A Resolution of the Mayor and City Commission of the
40 City of South Miami, Florida authorizing the Acting
41 City Manager to enter into Mutual Aid Agreement with
42 the City of Miami Beach Police Department for general
43 and specific law enforcement duties on behalf of the
44 City of South Miami Police Department pursuant to
45 Section 23.1225 (3), Florida Statutes; providing an
46 effective date. 3/5
47 (Acting City Manager)
CITY COMMISSION MINUTES 9
March 2, 2010
m1a f t-
2 44 -10 -13078
3 6. A Resolution of the Mayor and City Commission of the
4 City of South Miami, Florida concerning an application
5 pursuant to Land Development Code Section 20- 4.3(n) to
6 permit the installation of a banner over Sunset Drive
7 to promote the 8t` Annual Fairchild Tropical Garden
8 Orchid Festival a fund raising event to be held at the
9 gardens March 12 -14, 2010; providing for an effective
10 date. 3/5
11 (Acting City Manager)
12
13 45 -10 -13079
14 7. A Resolution of the Mayor and City Commission of the
15 City of South Miami, Florida, urging the Florida
16 Congressional Delegation to support the Jobs for Main
17 Street Act, which is known as the HR 2847 Jobs Bill;
18 and providing for an effective date. 3/5
19 (Acting City Manager)
20
21 Moved by Commissioner Beasley, seconded by Commissioner
22 Palmer, the motion to approve the Consent Agenda passed by a 5 -0
23 vote:
24
25 Commissioner Palmer: Yea
26 Vice Mayor Newman: Yea
27 Commissioner Beasley: Yea
28 Commissioner Harris: Yea
29 Mayor Stoddard: Yea
30
31
32 (END OF CONSENT)
33
34 RESOLUTION (S)
35 (Cont'd)
37 46 -10 -13080
38 8. A Resolution of the Mayor and City Commission of the
39 City of South Miami, Florida, authorizing the Mayor and
40 the City Attorney to meet with the Acting City Manager
41 to discuss his employment for a one -year period; and
42 providing an effective date. 3/5
43 (Vice Mayor Newman)
44
CITY COMMISSION MINUTES 10
March 2, 2010
m1a t!
I Moved by Commissioner Beasley, seconded by Mayor Stoddard,
2 the motion to add this item on the agenda passed by a 5 -0 vote:
3
4 Commissioner Palmer: Yea
5 Vice Mayor Newman: Yea
6 Commissioner Beasley: Yea
7 Commissioner Harris: Yea
8 Mayor Stoddard: Yea
9
10 Vice Mayor Newman explained that there is urgency in putting
11 in place a permanent city manager in order to have some stability
12 in the City, particularly after the loss of a few department
13 directors. She then said that for this reason she is recommending
14 that the Mayor and the City Attorney negotiate a contract for a
15 period of one year with the City Manager. Mr. Carlton has shown
16 during his tenure with the City that he is quite capable of
17 leading the City for the next twelve months, and that they can
18 re- evaluate their decision at the end of that period. She said
19 that the City Manager will not lobby any Commissioner and that
20 the negotiation will be conducted only by the Mayor and the City
21 Attorney with the City Manager. She said that the twelve -month
22 period is to begin with the date of the contract.
23
24 Commissioner Palmer said that the traditional way to select
25 a city manager has been through a selection committee that
26 brought recommendations to the Commission. She said that this is
27 not being done correctly, and she further_ recommended for the
28 Mayor not to be involved with the negotiations because he has a
29 vote in the process.
30
31 Mayor Stoddard said that including him in the negotiations
32 has the advantage of putting an elected person into the
33 negotiating team.
34
35 Commissioner Beasley said that in the past the Commission
36 negotiated with the prior city manager on an individual basis. He
37 said that this is to move the City forward and the Commission may
38 amend the proposal as the result of the negotiations at the time
39 that it is brought forward and presented to them.
40
41 Mayor Stoddard said that he understands that in general,
42 everyone would be happier with an open search that would allow
43 for residents' input. At the same time, he added, we have a
44 budget coming up and we have a person with unusual experience; we
45 need to handle this professionally and we need to handle it right
46 now. He also indicated that public input on this matter will be
47 allowed.
48
CITY COMMISSION MINUTES 1 1
March 2, 2010
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Vice Mayor Newman said that this is not with the intention
of eliminating public input; this is just starting a process.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Yvonne Beckman to serve on the
Charter Review Committee for a period of one year,
ending March 1, 2011; and providing an effective date.
(Commissioner Harris) 3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
Mayor Stoddard said that before they continue to make
appointments, he would like to recommend that they have a
workshop to discuss the process by which they will be appointing
citizens to the boards, and also to be able to review all of the
applications. For these reasons he then recommended deferring
this item until they have a workshop on this issue.
Vice Mayor Newman recommended putting on hold the Committee
until they get a chance to restructure it and provide direction,
and Mayor Stoddard concurred. Mr. Carlton then said that he will
be meeting with the Chair of the Committee to convey the message
of the Commission since they have done a lot of work already.
Moved by Commissioner Harris, seconded by Mayor Stoddard,
the motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman, the motion to extend the meeting for 30 minutes after
11:00 p.m. passed by a 5 -0 vote:
CITY COMMISSION MINUTES 12
March 2, 2010
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Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
47 -10 -13081
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the procedure
for transmitting resolutions, urging the State or
Federal legislators to act on behalf of the City;
providing an effective date. 3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to approve this item with few comments passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Attorney to verify that Article II, Section 6.1 of the
City's Charter conforms with the amendment adopted by
voters on November 4, 2008; and providing an effective
date. 3/5
(Commissioner Harris)
Moved by Commissioner Beasley, seconded by Commissioner
Harris to approve this item.
Commissioner Harris said that the purpose of this resolution
is for clarification and for the benefit of the residents who
overwhelmingly passed the Charter amendment making excessive
development much more difficult by requiring a five -fifth vote of
the Commission.
Moved by Commissioner Harris, seconded by Commissioner
Beasley, the motion to defer this item passed by a 5 -0 vote:
CITY COMMISSION MINUTES
March 2, 2010
Commissioner Palmer: Yea
13
m1a t�
1 Vice Mayor Newman: Yea
2 Commissioner Beasley: Yea
3 Commissioner Harris: Yea
4 Mayor Stoddard: Yea
5
6 12. A Resolution of the Mayor and City Commission of the
7 City of South Miami, Florida, authorizing the City to
8 provide legal representation for the Mayor and /or
9 Commissioners on any matter arising out of their
10 performance of his /her official duties as a duly
11 elected official of the City; and providing an
12 effective date. 3/5
13 (Mayor Stoddard)
14 (This item was withdrawn from the agenda)
15
16 48 -10 -13082
17 13. A Resolution of the Mayor and City Commission of the
18 City of South Miami, Florida, authorizing the City
19 Manager to issue a purchase order to Xerox Audio
20 Visual Solutions for installation of a V -brick Windows
21 Medial Channel Encoder in order for AT &T U -Verse to
22 transmit the City Channel 77 as part of their regular
23 schedule, as per AT &T engineering documentation
24 requirements, charging Video Encoder and installation
25 in the amount of $9,197.00 to account 001- 2100 -519-
26 9920, entitled General Contingency, with a current
27 balance of $36,546.89; providing for an effective
28 date. 3/5
29 (Acting City Manager)
30
31 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
32 approve this item.
33
34 Mayor Stoddard requested information as to how many people
35 in South Miami are currently using AT &T U- Verse.
36
37 Mr. Carlton said that after being asked the same question
38 before, he went ahead and contacted AT &T to find out that as a
39 corporate policy they do not release the number of subscribers
40 because that would give competitive information to others. He
41 then said that by going on U- Verse, we will be the first city in
42 Miami -Dade County, including the County; in addition, by going on
43 U- Verse, everybody in the surrounding counties will be able to
44 access our meetings. He said that after negotiations with AT &T
45 they had been able to bring the cost of installation down to
46 $9,200 and that the recurrent charge will be $3,600 a year.
47
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March 2, 2010
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With some further comments, the motion to
passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
PTEN
approve this item
Yea
Yea
Yea
Yea
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
14. An Ordinance of the Mayor and the City Commission of
the City of South Miami, Florida, adopting the
Evaluation and Appraisal Report (EAR) Based Text
Amendments to the South Miami Comprehensive Plan; the
amendments are to the goals, objectives, and policies
for the following Comprehensive Plan Elements: Future
Land Use; Transportation; Housing; Infrastructure;
Conservation; Recreation and Open Space; Inter-
governmental Coordination; and Capital Improvements;
providing for severability, ordinances in conflict, and
providing an effective date. 4/5
(Commissioner Beasley)
Moved by Commissioner Beasley, seconded by Commissioner
Harris to approve this item.
Mr. Youkilis presented this item explaining that this is a
modified ordinance to adopt the revised EAR; this ordinance is
different from the ordinance considered in January 2010 in that
the new Future Land Use Map category entitled
"Residential /Limited Commercial District (Two Story) " has been
modified to reduce the residential townhouse density to five
units per acre versus six units per acre.
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At this time the public hearing was opened.
Rodney Williams, SMCRA Board Member addressed the Commission
by referring to the Madison Square project and how this amended
document would affect the project.
Mr. Youkilis explained that the provision referring to that
project was taken out of the document in 2009 as shown on pages
16 -17 of this document.
Mayor Stoddard explained that there are a lot of penalties
that could be imposed on the City for not moving the EAR forward;
however, we have the opportunity twice a year to make amendments
to the EAR. Therefore, at such time when we get a good proposal
for Madison Square, there is absolutely nothing in our way that
would prevent putting in place a land use category that would
allow for that project to go forward.
Beth Schwartz urged the Commission to approve this ordinance
so that we can move forward and then we can work on the Madison
Square project.
With no further speakers, the public hearing was closed.
Commissioner Beasley said that this EAR document is way
overdue and that we need to move our City forward and prevent
getting sanctions for not acting. This is also important in order
to start with the next EAR, and he asked the Commission for their
support.
Commissioner Harris said that during his campaign he
promised that he would work to get the Madison Square project off
the ground but that he would vote for the EAR process first.
Commissioner Palmer said that she attempted several times to
compromise during the several times that the EAR came before the
Commission. She said that when the EAR failed for the last time
in January 2010, she instructed the City Manager to prepare a new
compromise for the Commission to work on. She said that her
request was completely ignored. She added that she will continue
to maintain her position and that she would not vote for the EAR
unless the Madison Square project is included in the document.
Vice Mayor Newman said that she has said enough about this
matter and that she is supporting it.
Mayor Stoddard said that he is entirely in favor of getting
the Madison Square project back on track but that he does not see
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that the EAR is the biggest hurdle at this point. He said that he
believes that the land use category that they need to make that
project work is something that they can add in an amendment and
that this will not get in the way.
Commissioner Beasley said that they all want the Madison
Square project to become a reality and that he will be speaking
on the second reading of this item.
With no further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
UNFINISHED BUSINESS
•
15. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to amendments
to Land Development Code: Section 20 -2.3 entitled
"Definitions" in order to provide a definition of
"Liquor Store "; Section 20- 3.3(D) entitled "Permitted
Use Schedule" in order to change drinking place and
liquor store from a Permitted use in commercial zoning
use districts to a Special use in commercial zoning
use districts; Section 20 -3.4 entitled "Special use
conditions" in order to provide regulations allowing
for a revocation of a special use approval; providing
for severability; providing for ordinances in.
conflict; and providing for an effective date. 3/5
(Acting City Manager)
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16. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Code of Ordinances Chapter 15, Article III by creating
a new Section 15 -101 entitled "Prohibition of right -of-
way vendors, peddlers and solicitors on certain roads ";
and Section 15 -102 "Aggressive or Obstructive
Panhandling Prohibited "; limiting right -of -way vendors
and solicitors on certain City roadways and
intersections; prohibiting aggressive panhandling
citywide; providing for severability; providing for
ordinances in conflict; and providing for an effective
date. 3/5
(Acting City Manager)
(This item was withdrawn from the agenda)
There being no further business to come before this Body,
the meeting adjourned at 11:28 p.m.
Attest Approved
Maria M. Menendez Philip K. Stoddard
City Clerk Mayor
CITY COMMISSION MINUTES 18
March 2, 2010