11 City of South Miami
2 Regular City Commission Minutes
3 April 6, 2010
4
5 CALL TO • Z4
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, April 6, 2010, beginning at 7:50
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 (NONE)
29
30 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
31
32 1. Approval of Minutes
33
34 Minutes of March 16, 2010
35
36 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
37 the motion to approve the minutes of March 16, 2010 passed by 5
38 eyes and 0 nays.
39
40
41 2. City Manager's Report (25 minutes)
42
43 a) Report from City Manager regarding personal litigation:
44 This item has been placed on the Agenda by the City
CITY COMMISSION MINUTES 1
April. 6, 2010
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1 Manager to clarify allegations regarding his
2 representation by the private practice of Mark Goldstein.
3
4 b) Annual Affordable Housing Compliance Report required by
5 the Red Road Commons Development Agreement (Sec. 2f),
6 submitted by Jerry Proctor, Esq. representing project
7 developer, RRC 57th Avenue, LLC:
8
9 i. Mayor Stoddard had a question as to whether these
10 particular apartment units had been designated in
11 advanced as units meeting the income requirements or
12 whether_ the company was at liberty to designate for
13 particular renters;
14 ii. Mr. Jacobson said that they do not predetermine or
15 designate any particular unit type; it is all done free
16 marketwise based on income certification only;
17 iii. Mr. Carlton said that the development agreement
18 required $100,000 payment for affordable housing and it
19 has been delivered; however, a program needs now to be
20 developed in order to use that money, and he said that
21 he will need to start discussing the issue with the
22 SMCRA;
23
24 c) Annual Report required by the 64 Development Corporation
25 Development Agreement submitted by Marcelo Fernandez
26 representing project developer, 64 Development Corporation
27 for a mixed use project located at 5966 -70 S. Dixie
28 Highway:
29 i. Mayor Stoddard said that there is a big concern about
30 the standing water on the site and that the mosquito
31 season will be starting soon and we need to take care
32 of that as soon as possible;
33 ii. Mr. Carlton said that he will work with our Code
34 Enforcement and our Building Department right away to
35 take care of the problem;
36
37 d) Siting Coordination Office Reimbursement Information:
38 Discussion by the City Manager regarding potential
39 reimbursement of City expense related to the FPL Turkey
40 Point expansion and transmission line issues.
41
42 e) South Florida Water Management District Report: This item
43 relates to potential grants for the improvements of Van
44 Smith Park.
45
46 f) WASD Pump Station: This items relates to a moratorium
47 and potential short and long term solutions available to
48 resolve the Miami Dade County DERM denial of additional
49 water service applications:
CITY COMMISSION MINUTES 2
April 6, 2010
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2 i. Mr. Carlton explained that two restaurants wishing to
3 come into our area have been denied the applications
4 because of this problem; and this is also a problem for
5 the Murray Park pool project; the County is looking for
6 temporary fixes that will give us some relief; he said
7 that he thinks that this temporary moratorium can be
8 lifted soon; however, the County would like to get into
9 negotiations to build the new station at their expense
10 but in order to do that we have to do a land swap;
11
12 g) Miami -Dade County School Board Meeting Re: South Miami
13 and Palmer Parks: This item is a status report on a
14 meeting held with Superintendent Carvalho and other
15 officials representing Miami -Dade County and the YMCA:
16 i. Mr. Carlton said that at this meeting they talked about
17 doing a joint -use agreement at Palmer Park; they also
18 talked about the South Miami Park and the possibility
19 of re- master planning that whole area so that the main
20 entrance is not through the residential area, but
21 through the playground that the school has, with a new
22 access to Red Road;
23
24 h) Ludlum Trail Workshop: This item is a discussion for
25 potential dates for a Committee of the Whole workshop on
26 the Ludlum Trial development plans:
27 i. With the consent of Mayor Stoddard, Mr. Carlton said
28 that he will work on this workshop to be held at a
29 future Committee of the Whole;
30
31 i) Sunset Drive Improvements Road Condition Report: This
32 item informs the City Commission that staff is working
33 with the Contractual Design Firm and Contractor to develop
34 a mutually acceptable repair process for deficiencies in
35 the project:
36 i. At this time Commissioner Beasley expressed concern
37 about the left turn on Sunset Drive which he considers
38 dangerous;
39 ii. Mayor Stoddard said that there are many problems with
40 that whole area, not only ingress /egress from City
41 Hall, but for the whole section of commercial
42 properties that are cut off from eastbound traffic;
43 iii. Mr. Carlton said that he will take these suggestions as
44 direction to retain a traffic engineer and that he will
45 start that process by preparing an RFP for a traffic
46 engineer to look at that situation;
47
CITY COMMISSION MINUTES 3
April 6, 2010
PT
1 j) Verbal Report Regarding Pension Actuary Selection Process
2 to date and actions to be taken as recommended by the AD
3 Hoc Pension Advisory Committee:
4 i. Mr. Carlton explained that the Committee, after
5 numerous meetings, decided to look at four things: (1)
6 what could be done to fix the existing pension plan;
7 (2) whether we should go to a defined contribution
8 plan; (3) going into FRS; (4) and then there was sort
9 of a broad category of creative ideas and solutions
10 that other jurisdictions have been doing; he said that
11 he reached out to seven different firms who are known
12 for doing this type of work: three of them submitted
13 proposals, the Committee ranked those three but in
14 addition to those rankings they wanted to get pricing
15 but we do not have it yet;
16 ii. Commissioner Palmer said that the correct thing to do
17 is through an RFP because it is a fair process and it
18 is the best that has worked for us in the past;
19 iii. Vice Mayor Newman concurred with the direction of
20 having an RFP as the Committee requested; therefore,
21 this was the consensus of the Commission.
22
23 k) City Commission Legislative Action Trip to Washington,
24 D.C.: This item is a discussion of potential dates and
25 visits to elected and appointed officials in Washington,
26 D.C.:
27 i. Mr. Carlton said that this would be an important visit
28 to Washington since there is a very aggressive list of
29 grants and projects that the City wants to do; he then
30 asked for directions regarding this trip;
31 ii. Mayor Stoddard said that he is a little concerned about.
32 spending money on meetings that he is not clear about
33 at all. He said that he will be willing to go and stay
34 with his parents who live up there and this will be at
35 no cost to the City;
36 iii. Vice Mayor Newman said that she is totally against this
37 trip which is not budgeted for; she said that Ileana
38 Ros- Lethinen has an office here and that we already
39 have a lobbyist in Washington; she then gave directions
40 to the Mayor on behalf of the Commission to represent
41 them in Washington D.C. at no cost to the City, and
42 that no other staff member will accompany the Mayor;
43 iv. Commissioner Palmer concurred with the Vice Mayor;
44
45 With no further comments the City Manager's Report ended.
46
47
48 3. City Attorney's Report (15 minutes)
49
CITY COMMISSION MINUTES 4
April 6, 2010
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Mr. Feingold at this juncture requested moving item no. 22
out of order so that the labor Attorney would not have to wait
for too long.
With no further comments the City Attorney's Report ended.
PUBLIC REMARKS
(5 minutes)
Yvonne Beckman among other comments said that according to
the Sierra Club, the South Florida Water Management District
group is not often known to act in the best interest of the
environment. She spoke in favor of the item on the agenda
relating to the EAR, and the item relating to graffiti removal;
she spoke against the item relating to the enforcement of
removing and disposing of animal fecal matter, adding that this
will be almost impossible to accomplish.
Javier Banos spoke in favor of item no. 12 on the agenda. He
said that the Acting City Manager is doing a good job. About the
pension ordinance he said that the actuary impact study was based
on the latest data they had which is from 2008. Regarding item
no. 23 he said that even though there is a good intent in it,
nevertheless, it would be very difficult to implement.
Carlos Cazatua addressed the Commission regarding his
family's business, Sergio's Restaurant. He referred to the
problem with the capacity issue of the pomp station which is
preventing them from signing the lease and starting the business.
David Freedman also addressed the Commission regarding the
same issue that he has with the application of a new restaurant.
Carlos Hernandez, Division
Development Approvals with DERM,
the pomp station issues saying th
every possible solution for the
currently working with Sergio's
solution.
Chief for Plan Review and
addressed the Commission about
at DERM is committed to finding
businesses to move in. He is
Restaurant towards finding a
Grey Read addressed the Commission regarding the proposed
historic designation of Bouganvillea. She said that beyond any
analysis of the building and its original design, the real value
of the building is because it has been altered; it is because
there is a record in its fabric of a more recent history of South
Miami, it is an institution, is a memory that the City fabric
used to be different than what it is now. She has studied many of
CITY COMMISSION MINUTES 5
April 6, 2010
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these buildings and the things she fin(
them is that they do change over time,
efforts, our dreams and the way that we
times.
PTE
s most fascinating about
and that they record our
have adapted to changing
As a disclosure, Mayor Stoddard explained that Professor
Read of FIU is his wife.
Shirl Cornwall urged the Commission to conduct an
investigation of our Police Department, claiming that there is a
lot of corruption within the Department. He said that he has been
a victim and unjustly incarcerated for domestic violence.
Bob Welsh spoke in favor of tasers because they are much
more humane for the initial response than a glock and urged the
Commission to vote in favor of the resolution.
Roxanne Scalia addressed the Commission in favor of the
historic designation of Bouganvillea. She said that our City is
made of all of these places that are part of its history and its
character.
Claudia Hauri reported two dilapidated houses; one is
located in the vicinity of 58 Avenue and 78 Street, and the other
is on 59 Avenue and 80 Street. She urged Code Enforcement to look
into these homes.
James Casey addressed the Commission on behalf of the
County's Police Benevolent Association, urging them to approve
the pension ordinance on the agenda.
Jay Jacobson, one of the development partners for Red Road
Commons addressed the Commission; he said that construction is
complete on the property, and he thanked staff for having worked
diligently through the process of the project; he then extended
an invitation to anybody listening to contact him for any
question that anyone may have about the property.
John E. Smith said for clarification that the resolution
adopted by the Commission recently was an urging for the federal
legislation for the active transportation infrastructure
investment program which would allocate funds to various
communities for the development of non - motorized trails, and that
is totally separate from the issues of the Ludlam Trail and FEC.
He said that our County Commissioner is interested in discussing
a busway possibly going up the Ludlam Trail, but there is no
money on the table at the moment to purchase the property from
the FEC. He said that having a workshop will be informative and
CITY COMMISSION MINUTES 6
April 6, 2010
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PT
�
helpful for the community, but there is no alarm right now
because nobody has come forward to purchase the property yet.
Dick Ward said to be glad to hear some speakers in favor of
the historic designation on the agenda. He said to be concerned
about the item on the agenda relating to hiring an investigator,
mainly because of the expenditure. He then said that there are no
severe drug problems in the City.
Dr. Zakharia addressed the Commission regarding item no. 19
on the agenda relating to the EAR, saying that the required vote
should be five - fifths. He then read a list of objections which he
had previously submitted to the Commission.
Sharon McCain spoke about item no. 10 on the agenda, saying
that our Deputy City Attorney could handle that without the need
of outside counsel; on item no. 15 she asked to exclude the
language providing that the acting city manager will be able to
apply for the permanent job, and she also objected to the list of
sources of publication because we need to do a national search;
with regard to the 64 Development Report she said that the
problem is with the street which is a major road in the City; the
road is full of water and this has been going on for too long and
it needs to be repaired.
Brad Cassel said that the agenda briefing he attended was a
waste of time and that he was not sure as to whether the
Commission had approved to have it broadcast; he also referred to
the pooper scooper item on the agenda which he believes it will
be difficult to enforce and that it will serve to turn neighbor
against neighbor.
Pat Shield also referred to
the agenda saying that previous
similar one but did not succeed;
difficult thing to enforce.
the pooper scooper ordinance on
Commissions had tried to pass a
she said that it would be a very
With no further speakers the public remarks section was
closed.
At this time the Mayor announced a five - minute break.
4. Commission Reports, Discussion & Remarks (25 minutes)
a) Response from Florida Department of Environmental
Protection (DEP) to the City Commission Resolution No. 55-
10- 13089.
(Mayor Stoddard)
CITY COMMISSION MINUTES 7
April 6, 2010
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Mayor Stoddard commented on this item, finally saying that
he does not think that we need to provide FP &L with a new route;
FP &L originally proposed three routes: one that went around the
urban area entirely on the west side; one that came up the middle
of South Miami crossing next to two schools; and a route that
went up US1 which we didn't like. He said that instead of
providing them with a new route, rather they have already
provided us with one route and they just need to use that one.
b) Letter from Congresswoman Ileana Ros - Lehtinen addressed to
Mr. Armando Olivera, Florida Power and Light Chief
Executive Officer and President, expressing strong
opposition to the plans of Florida Power & Light to
construct visible overhead high - voltage transmission lines
along US1.
(Mayor Stoddard)
Mayor Stoddard referred to the letter written by
Congresswoman Ros - Lehtinen opposing to the plans of FP &L, and
said that he felt appreciative for her efforts at the federal
level on the Commission's behalf.
c) Household Batteries Recycling Initiative.
(Commissioner Harris)
Commissioner Harris urged everybody to bring used batteries
to City Hall instead of throwing them away.
Vice Mayor Newman said that her husband puts unused
batteries in a container alongside the recycle bin and they pick
them up.
Assistant Public Works Director de la Torre said that they
have been told otherwise by the County. He explained that the
recycling program is automated and the drivers are not allowed to
get off the truck; therefore they cannot pick up batteries. The
County has provided our Public Works Department this information
in writing.
Mr. de la Torre further talked about "The Big Green Box"
program. This is a battery and portable electronics recycling
program offering the rental of boxes, starting at $63. per box
and includes all shipping cost to and from the facility where the
box is located. Mayor Stoddard urged Commissioner Harris and Mr.
de la Torre to work this out and bring back a final report so
that the Commission may take a decision on how this will be
handled.
CITY COMMISSION MINUTES 8
April 6, 2010
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Commissioner Harris then recommended working on a
questionnaire to be sent to all the residents so that they may
return with their concerns. Mayor Stoddard suggested for
Commissioner Harris to put together this questionnaire so that
the rest of the Commission may add their own ideas to it. Mayor
Stoddard also recommended the use of emails to send the
questionnaires out as a more efficient method of communication
than using regular mail.
Commissioner Harris also suggested for neighbors to start a
"care watch" program where each block would have meetings once a
month at someone's house in order to discuss issues of concern.
Commissioner Palmer
tabulation of the re
Commissioner Harris.
Commissioner Harris
would like to meet with
6:30 p.m. and they want
Senior Center.
suggested having students to help with
turned questionnaires recommended by
on another subject said that the CAA
the Commission on Monday, April 19th at
to meet at their location which is the
Commissioner Palmer said that the CAA would like to meet
with the Commission to look at the federal grants and all the
agreements that we have made. She then urged the Commission to
have a meeting with the CAA before they proceed with item no. 11
on the agenda relating to the Murray Park pool project. Mayor
Stoddard said that he would like to keep this project accelerated
and that he doesn't want to lose the money because of stalling.
He said that he would be willing to move the meeting to an
earlier date but that he doesn't want to delay the project.
Mayor Stoddard requested from the City Manager and the City
Clerk to bring back information to the Commission on the software
package Legistar which is being used by some municipalities for
the main purpose of managing the agenda.
Mr. Carlton requested allowing staff to come back with that
information by the first meeting in May.
With no further comments this section was closed.
At this time Mayor Stoddard pulled item no. 5 from the
agenda (now no. 7)
CITY COMMISSION MINUTES
April 6, 2010
C
,
m1a t�
3 63 -10 -13097
4 5. A resolution of the Mayor and City Commission of the
5 City of South Miami, Florida concerning an application
6 pursuant to Land Development Code Section 20- 4.3(N) to
7 permit the installation of a banner over Sunset Drive
8 to promote a Food and Garden Festival, a fund raising
9 event to be held at Fairchild Tropical Garden April 24-
10 25, 2010; providing for an effective date. 3/5
11 (Acting City Manager)
12
13 64 -10 -13098
14 6. A resolution of the Mayor and City Commission of the
15 City of South Miami, Florida, relating to City
16 Commission meetings; rescheduling the Tuesday, April
17 20, 2010 City Commission meeting to Monday, April 19,
18 2010; and providing an effective date. 3/5
19 (Acting City Manager)
20
21 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
22 the motion to approve the Consent Agenda passed by a 5 -0 vote:
23
24 Commissioner Palmer: Yea
25 Vice Mayor Newman: Yea
26 Commissioner Beasley: Yea
27 Commissioner Harris: Yea
28 Mayor Stoddard: Yea
29
30
31 (END OF CONSENT)
32
33 RESOLUTION (S)
35 65 -10 -13099
36 7. A resolution of the Mayor and City Commission of the
37 City of South Miami, Florida, authorizing the City
38 Manager to Purchase six (6) tasers Model X -26 with
39 Bladetech holster and thirty (30) taser air cartridges
40 totaling $5,671.00. The purchase will be made from DGG
41 Taser & Tactical Supply, the sole manufacturer and
42 distributor of taser equipment; purchase six (6)
43 Bushmaster A3 M4 rifles from Lou's Police Distributors
44 Inc. for the total amount not to exceed $5,129.58;
CITY COMMISSION MINUTES 10
April 6, 2010
m1a t
1 purchase ten (10) Glock .40 caliber pistols totaling
2 $4,290.00, purchase to be made from OMB Guns, the
3 authorized national distributor for Glock firearms.
4 These purchases will be made utilizing Federal
5 Forfeiture funds from account 615- 1910 - 521 -6430;
6 providing for an effective date. 3/5
7 (Acting City Manager)
8
9 Moved by Commissioner Beasley, seconded by Commissioner
10 Palmer to approve this item.
11
12 Mayor Stoddard asked why we are purchasing more guns instead
13 of fixing the police equipment.
14
15 Chief Richardson said that they do not have any weapons in
16 storage, and with the advent of reserve officers program coming
17 aboard they need to outfit the officers with the necessary
18 equipment specified in the resolution.
19
20 Vice Mayor Newman asked why the police vehicles that were
21 allocated in the current budget have not been purchased.
22
23 Mr. Carlton said that he will be bringing back to the
24 Commission a report and final recommendation on pricing and the
25 pros and cons of going for smaller cars.
26
27 Mayor Stoddard then asked about the status of the new
28 communication equipment that the Chief had requested some time
29 ago; Chief Richardson said that the equipment has been purchased
30 and that they are waiting for the equipment to arrive.
31
32 With no further comments, the motion to approve this item
33 passed by a 5 -0 vote:
34
35 Commissioner Palmer: Yea
36 Vice Mayor Newman: Yea
37 Commissioner Beasley: Yea
38 Commissioner Harris: Yea
39 Mayor Stoddard: Yea
40
41 Moved by Mayor Stoddard to add on the agenda the following
42 item, seconded by Commissioner Beasley, the motion to add on the
43 following item passed by a 5 -0 vote:
44
45 Commissioner Palmer: Yea
46 Vice Mayor Newman: Yea
47 Commissioner Beasley: Yea
CITY COMMISSION MINUTES 1 1
April 6, 2010
1 Commissioner Harris: Yea
2 Mayor Stoddard: Yea
3
4
5 66 -10 -13100
6 8. A resolution of the Mayor and City Commission of the
7 City of South Miami, Florida, relating to boards and
8 committees; appointing Bradley Cassel to serve on the
9 Audit Committee for an unexpired term ending December
10 7, 2010; and providing an effective date. 3/5
11 (Commissioner Palmer)
12
13 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
14 approve this item.
15
16 With no further comments, the motion to approve this item
17 passed by a 5 -0 vote:
18
19 Commissioner Palmer: Yea
20 Vice Mayor Newman: Yea
21 Commissioner Beasley: Yea
22 Commissioner Harris: Yea
23 Mayor Stoddard: Yea
24
25
26 67 -10 -13101
27 9. A resolution of the Mayor and City Commission of the
28 City of South Miami, Florida retroactively approving
29 the filing of an application with Google, Inc. to
30 participate in the Google Fiber for Communities
31 Program; and providing an effective date. 3/5
32 (Acting City Manager)
33
34 Moved by Commissioner Palmer, seconded by Commissioner
35 Beasley to approve this item.
36
37 Mayor Stoddard thanked staff for working diligently and
38 against the clock to meet the deadline for this application.
39
40 Commissioner Palmer said that she would appreciate it in the
41 future to be informed with a little more time. She also inquired
42 about the status of U- verse.
43
44 Mr. Carlton said that the U -verse equipment has been ordered
45 and it is on the way.
46
CITY COMMISSION MINUTES 12
April 6, 2010
1 With no further comments, the motion to approve this item
2 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
11 68 -10 -13102
12 10. A resolution of the Mayor and City Commission of the
13 City of South Miami, Florida directing the Planning and
14 Zoning Department and the Planning Board to consider an
15 ordinance revising Land Development Code Section 20 -8.9
16 entitled "Special exceptions" in order to set a time
17 limit for commencing a development project which has
18 been granted a special exception in a Transit Oriented
19 Development District (TODD); and providing for an
20 effective date. (Deferred 3116110) 3/5
21 (Acting City Manager)
22
23 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
24 approve this item.
25
26 Commissioner Palmer cautioned about strengthening the rules
27 in this particularly difficult economic times.
28
29 With some further comments, the motion to approve this item
30 passed by a 5 -0 vote:
31
32 Commissioner Palmer: Yea
33 Vice Mayor Newman: Yea
34 Commissioner Beasley: Yea
35 Commissioner Harris: Yea
36 Mayor Stoddard: Yea
37
38
39 69 -10 -13103
40 11. A resolution of the Mayor and City Commission of the
41 City of South Miami, Florida instructing the City
42 Manager and the City Attorney on proceeding with the
43 outstanding issues concerning the Municipal Garage and
44 the Lease Agreement with Mark Richman Properties; and
45 providing an effective date. 3/5
46 (Vice Mayor Newman)
CITY COMMISSION MINUTES 13
April 6, 2010
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1
Moved
by Commissioner Beasley, seconded
by Vice Mayor Newman
2
to approve
this item.
3
4
Mr. Carlton at this time suggested an amendment to the
5
resolution
as per the recommendation of Commissioner
Palmer.
6
7
Moved
by Commissioner Beasley to amend
Section 1 of the
8
resolution
by substituting the name of Craig
Z. Sherar with that
9
of Mark A.
Goldstein. Seconded by Vice Mayor Newman, the motion
10
passed by
a 5 -0 vote:
11
12
Commissioner Palmer:
Yea
13
Vice Mayor Newman:
Yea
14
Commissioner Beasley:
Yea
15
Commissioner Harris:
Yea
16
Mayor Stoddard:
Yea
17
18
Commissioner
Palmer at this time questioned
the validity of
19
Section 1
since now it will be our own attorney handling this
20
matter.
21
22
Moved
by Vice Mayor Newman, seconded by Mayor Stoddard to
23
strike Section
1. The motion passed by a 5 -0
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
Moved
by Vice Mayor Newman, seconded by
Commissioner Beasley
32
to amend
Section 2 by inserting Deputy
City Attorney, and
33
striking and
auts de e 1. The motion passed by a 5 -0 vote:
34
35
Commissioner Palmer:
Yea
36
Vice Mayor Newman:
Yea
37
Commissioner Beasley:
Yea
38
Commissioner Harris:
Yea
39
Mayor Stoddard:
Yea
40
41
With
no further comments, the motion to
approve this item as
42
amended and as a whole passed by a 5 -0 vote:
43
44
Commissioner Palmer:
Yea
45
Vice Mayor Newman:
Yea
46
Commissioner Beasley:
Yea
47
Commissioner Harris:
Yea
48
Mayor Stoddard:
Yea
CITY COMMISSION MINUTES 14
April 6, 2010
2 (Alternate) This item was withdrawn
3 11. A resolution of the Mayor and City Commission of the
4 City of South Miami, Florida instructing the City
5 Manager and the City Attorney on proceeding with the
6 outstanding issues concerning the Municipal Garage and
7 the Lease Agreement with Mark Richman Properties; and
8 providing an effective date. 3/5
9 (Mayor Stoddard)
10
11 70 -10 -13104
12 12. A resolution of the Mayor and City Commission of the
13 City of South Miami, Florida instructing the City
14 Manager to proceed with certain limited phases of the
15 Murray Park pool project; and providing an effective
16 date. 3/5
17 (Mayor Stoddard)
18
19 Moved by Commissioner Beasley, seconded by Commissioner
20 Palmer to approve this item.
21
22 Commissioner Palmer at this time reiterated that they should
23 wait to proceed on this item until they meet with the CAA.
24
25 Mayor Stoddard said that there have been two workshops and
26 many people did attend. He said that there will be other
27 opportunities in the future, particularly after the RFP, for
28 people to participate and provide input.
29
30 Mr. Carlton said that he will be meeting soon with the
31 predominant funding agency for this project, and asked the
32 Commission for one of the members to go with him. The Mayor said
33 he will do that.
34
35 With no further comments, the motion to approve this item
36 passed by a 5 -0 vote:
37
38 Commissioner Palmer: Yea
39 Vice Mayor Newman: Yea
40 Commissioner Beasley: Yea
41 Commissioner Harris: Yea
42 Mayor Stoddard: Yea
43
44
45
46 71 -10 -13105
CITY COMMISSION MINUTES 15
April 6, 2010
m1a f i
1 13. A resolution of the Mayor and City Commission of the
2 City of South Miami, Florida, pursuant to Chapter 8A of
3 the Code of Ordinances, authorizing the reimbursement
4 of legal fees to Vice Mayor Newman, as well as
5 authorizing the hiring of the legal firm of Legon Ponce
6 & Fodiman, P.A. to defend her in the case of'Balogun vs
7 the City of South Miami and Valerie Newman Case No. 10-
8 18510CA04; and providing an effective date. 3/5
9 (Mayor Stoddard)
10
11 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
12 approve this item.
13
14 Mr. Feingold presented this item.
15
16 Commissioner Palmer referred to an existing ordinance
17 protecting the elected officials in the event they are sued in
18 their official capacity. She said that the only way in which she
19 would be in favor of this is if this were expressed in the form
20 of two different resolutions; one for the portion of the
21 reimbursement, and another for the portion of the lawsuit going
22 forward.
23
24 Mr. Feingold recommended that the resolution be adopted as
25 presented.
26
27 With some further comments, the motion to approve this item
28 passed by a 3 -1 vote:
29
30 Commissioner Palmer: Nay
31 Vice Mayor Newman: Recused
32 Commissioner Beasley: Yea
33 Commissioner Harris: Yea
34 Mayor Stoddard: Yea
35
36
37 At this juncture it was moved by Mayor Stoddard to take
38 second and first reading ordinances out of order. Seconded by
39 Commissioner Beasley, the motion passed by a 5 -0 vote:
40
41 Commissioner Palmer: Yea
42 Vice Mayor Newman: Yea
43 Commissioner Beasley: Yea
44 Commissioner Harris: Yea
45 Mayor Stoddard: Yea
46
47 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
CITY COMMISSION MINUTES 16
April 6, 2010
llaTt!
1
2 08 -10 -2033
3 14. An ordinance of the Mayor and City Commission of the
4 City of South Miami, Florida amending the South Miami
5 pension plan, providing for compliance with Chapter
6 2009 -97, Laws of Florida; providing for a reduction in
7 certain employee contributions for one fiscal year;
8 providing for severability; providing for codification,
9 ordinances in conflict; and providing for an effective
10 date. 3/5
11 (Acting City Manager)
12
13 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
14 approve this item.
15
16 Mayor Stoddard opened the discussion on this item by
17 expressing concern about the additional language in Section 5,
18 page 8 of 9 of the ordinance; the concern is that the provision
19 of this Section makes it more difficult for the City to recover
20 any monies received by members of an employee's family after
21 his /her death. What this section is doing is adding on various
22 forms of health insurance, which makes more difficult for the
23 pension fund to recover funds that should not have been paid out.
24 He then referred to the actuary impact statement which advises
25 the City that by enabling the pension recipient to change
26 beneficiaries, that tends to be to younger people and therefore
27 increasing the cost to the City. He said that these concerns
28 should be revisited in the near future in order to correct the
29 pension ordinance.
30
31 At this time Mr. Carlton clarified that the proposed
32 amendments for the two percentage point reduced payroll deduction
33 have been reviewed by the pension attorney and the labor counsel;
34 he also said that there are four additional amendments which are
35 necessary to implement changes and be in compliance with State
36 law.
37
38 Moved by Commissioner Beasley, seconded by Vice Mayor
39 Newman, the motion to extend the meeting until 12:00 a.m. passed
40 by a 4 -1 vote:
41
42 Commissioner Palmer: Nay
43 Vice Mayor Newman: Yea
44 Commissioner Beasley: Yea
45 Commissioner Harris: Yea
46 Mayor Stoddard: Yea
47
CITY COMMISSION MINUTES 17
April 6, 2010
llaTt!
1 At this time the Mayor opened the public hearing.
2
3 Brad Cassel urged the Commission to approve the portion of
4 the ordinance relating to the two percentage point reduction for
5 the employees. However, he referred to the actuary impact
6 statement, and cautioned the Commission regarding the proposed
7 new language under Section 1 -b, page 2 of the ordinance, allowing
8 a retired participant to change his /her joint pensioner up to two
9 times without the approval of the Board or the current joint
10 pensioner. He strongly urged the Commission to strike the
11 proposed new language.
12
13 To respond to the Mayor's question regarding the new
14 language, Mr. Cassel said that the language was added to comply
15 with State law; however, he said that the actuary issued an
16 impact statement suggesting that additional language be added
17 with that to protect the City.
18
19 With no further speakers the public hearing was closed.
20
21 Commissioner Palmer said that since there are still
22 questions regarding the new proposed language referred by Mr.
23 Cassel, that it might be a good idea to keep the language in and
24 revisit the ordinance at a later time.
25
26 Moved by Mayor Stoddard to strike the underlined portion
27 under Section 1 -b on page 2 and 3 of the ordinance. Seconded by
28 Commissioner Palmer and Vice Mayor Newman, the motion to approve
29 this item as amended and as a whole passed by a 5 -0 vote:
30
31 Commissioner Palmer: Yea
32 Vice Mayor Newman: Yea
33 Commissioner Beasley: Yea
34 Commissioner Harris: Yea
35 Mayor Stoddard: Yea
36
37 With regard to the above amendment, Mayor Stoddard said that
38 the pension ordinance will be brought back in order to include
39 the correct language as per the recommendations from the actuary.
40
41
42 09 -10 -2034
43 15. An ordinance of the Mayor and the City Commission of
44 the City of South Miami, Florida, adopting the
45 Evaluation and Appraisal Report (EAR) Based Text
46 Amendments to the South Miami Comprehensive Plan; the
47 amendments are to the goals, objectives, and policies
48 for the following Comprehensive Plan Elements: Future
CITY COMMISSION MINUTES 18
April 6, 2010
1 Land Use; Transportation; Housing; Infrastructure;
2 Conservation; Recreation and Open Space;
3 Intergovernmental Coordination; and Capital
4 Improvements; providing for severability, ordinances in
5 conflict, and providing an effective date. 4/5
6 (Commissioner Beasley)
7
8 Moved by Commissioner Beasley, seconded by Commissioner
9 Harris to approve this item.
10
11 At this time the Mayor opened the public hearing.
12
13 Simon Codrington addressed the Commission on behalf of the
14 Concerned Clergy and Citizens Coalition, asking what would be the
15 substantial change between this document and the very first EAR
16 document that was transmitted to DCA over 21 months ago.
17
18 Mr. Youkilis said that the current document is the EAR based
19 text amendments, and the three changes are spelled out in the
20 ordinance: Revision No. 1 was recommended by DCA; Revision No. 2
21 is about an act of the Commission removing the working of the
22 proposed Future Land Use Map category entitled "Neighborhood
23 Center /Mixed Use District (Four Story) that could had been used
24 for Madison Square; Revision No. 3, also adopted by the
25 Commission, adding a category called Residential /Limited
26 Commercial District (Two Story), and this is the type of district
27 that may in the future be applied to an area such as 62nd Avenue
28 corridor.
29
30 Mr. Simon then said that he objects to the process that has
31 taken place. He said that an entire community that had been
32 waiting for the Madison Square project has been ignored, because
33 a document that was approved by the Commission and approved by
34 DCA on first reading, containing a land use category that could
35 have been used for that project, was removed from the document.
36
37 Beth Schwartz urged the Commission to approve this document
38 as presented. She said that there is no project for Madison
39 Square, just a rendering of what it would look like.
40
41 With no further speakers the public hearing was closed.
42
43 Commissioner Palmer said that this is about her neighborhood
44 where she has lived for over 20 years. She said that she has
45 asked for a compromise repeatedly but still the category that
46 could have allowed the Madison Square project to go forward was
47 removed from the document. She has said many times that she would
48 not vote for a document- where that category has been removed.
CITY COMMISSION MINUTES 19
April 6, 2010
m1a t-
2 Mayor Stoddard said that they have two opportunities a year
3 to amend the EAR once is adopted, and when they have established
4 a critical path for moving forward with Madison Square they will
5 insert a modified land use category into the EAR if it becomes
6 necessary to advance the project.
7
8 Commissioner Harris said that it is time to move on and that
9 Madison Square will happen and that it will be something that the
10 whole community will be proud of.
11
12 Commissioner Beasley said that the EAR document is for the
13 entire City, not for one location. This is not location specific
14 and there is nothing in it for Madison Square. He said that it is
15 time to move the City forward.
16
17 With no further comments, the motion to approve this item
18 passed by a 4 -1 vote:
19
20 Commissioner Palmer: Nay
21 Vice Mayor Newman: Yea
22 Commissioner Beasley: Yea.
23 Commissioner Harris: Yea
24 Mayor Stoddard: Yea
25
26
27 10 -10 -2035
28 16. An ordinance of the Mayor and City Commission of the
29 City of South Miami, Florida, relating to amendments to
30 Land Development Code: Section 20 -2.3 entitled
31 "Definitions" in order to provide a definition of
32 "Liquor Store "; Section 20- 3.3(D) entitled "Permitted
33 Use Schedule" in order to change drinking place and
34 liquor store from a Permitted use in commercial zoning
35 use districts to a Special use in commercial zoning use
36 districts; Section 20 -3.4 entitled "Special use
37 conditions" in order to provide regulations allowing
38 for a revocation of a special use approval; providing
39 for severability; providing for ordinances in conflict;
40 and providing for an effective date. 3/5
41 (Acting City Manager)
42
43 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
44 approve this item.
45
46 Mayor Stoddard asked for clarification on the impact of this
47 ordinance in general.
CITY COMMISSION MINUTES 2 0
April 6, 2010
m1a f t
1
2 Mr. Youkilis said that this will apply to all stores selling
3 liquor.
4
5 At this time the public hearing was opened.
6
7 Sharon McCain said that this ordinance is very confusing.
8 She said that the item does not have enough backup clarifying
9 certain issues that could be related to legal problems as
10 reflected in the Planning Board minutes of February 17, 2010.
11
12 Mr. Youkilis explained that the language referred above is
13 just a genetic term.
14
15 With no further speakers the public hearing was closed.
16
17 With no further comments, the motion to approve this item
18 passed by a 5 -0 vote:
19
20 Commissioner Palmer: Yea
21 Vice Mayor Newman: Yea
22 Commissioner Beasley: Yea
23 Commissioner Harris: Yea
24 Mayor Stoddard: Yea
25
26
27
28 RESOLUTION (S) PUBLIC HEARING (S)
29 (NONE)
30
31 ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
32 (NONE)
33
34
35 ORDINANCE (S) FIRST READING
36
37 17. An ordinance of the Mayor and City Commission of the
38 City of South Miami, Florida, relating to a request to
39 amend the official zoning map of the City of South
40 Miami Land Development Code by designating a
41 commercial building located at 7221 SW 58 Avenue (aka
42 Bougainvillea Tavern) and legally described as being a
43 portion of Lots 51 and 52, less east 50 feet, in
44 W.A.Larkin's Subdivision, recorded in Plat Book 3, page
CITY COMMISSION MINUTES 21
April 6, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
198 of Miami -Dade County Public Records, as an historic
site and by placement of an Historic Preservation
Overlay Zone (HP -OV) over the existing zoning use
district for this property; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 4/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
and Vice Mayor Newman to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
18. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Article VI,
Purchasing, of Chapter 2 of the City Code, to provide
for and regulate Design -Build Contracts; providing for
conflicts, severability and an effective date. 3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
and Vice Mayor Newman to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
19. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Chapter 5 of the
City Code to require removal and proper disposal of
animal fecal matter; providing definitions; providing
for enforcement and penalties; amending Chapter 1 of
the city code to remove the reference to municipal
CITY COMMISSION MINUTES
April 6, 2010
22
llaTt!
1 court in the catchall penalty provision of the city
2 code and clarifying that the county court has
3 jurisdiction to adjudicate violations of municipal
4 ordinances; providing for severability, conflicts, and
5 an effective date. 3/5
6 (Commissioner Harris)
7
8 Moved by Commissioner Palmer, seconded by Mayor Stoddard to
9 approve this item.
10
11 Commissioner Harris said that he is sponsoring this
12 ordinance in order to awaken people's consciousness and
13 responsibility and to be more neighborly by picking up after
14 their pets. He said that this is a countywide ordinance and that
15 New York City has been doing it for 40 years, and there are areas
16 in our City that really need it. He also said that the penalties
17 are too high.
18
19 After the consensus from the majority of the Commission,
20 Commissioner Harris moved to table this item. Seconded by Mayor
21 Stoddard, the motion passed by a 4 -1 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Newman: Nay
25 Commissioner Beasley: Yea
26 Commissioner Harris: Yea
27 Mayor Stoddard: Yea
28
29
30 20. An ordinance of the Mayor and City Commission of the
31 City of South Miami, Florida, amending the South Miami
32 Code of Ordinances in order to remove existing Section
33 15 -100 entitled "Malicious defacement, marking of real
34 property" and creating a new Section 15 -100 entitled
35 "Graffiti and graffiti removal" which contains the
36 following sections; definitions; prohibited activity;
37 possession of spray paint and markers; anti - graffiti
38 trust fund; declaration of nuisance; responsibility of
39 property owners, graffiti removal and notice; appeals;
40 failure to comply, cost of removal, liens,
41 foreclosures; disputing assessed costs; providing for
42 severability; providing for ordinances in conflict; and
43 providing for an effective date. 3/5
44 (Acting City Manager)
45
46 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
47 approve this item.
CITY COMMISSION MINUTES 2 3
April 6, 2010
PTE
1
2 With no further comments, the motion to approve this item
3 passed by ,a 5 -0 vote:
4
5 Commissioner Palmer: Yea
6 Vice Mayor Newman: Yea
7 Commissioner Beasley: Yea
8 Commissioner Harris: Yea
9 Mayor Stoddard: Yea
10
11 At this time item no. 16 on the agenda was moved out of
12 order with the consensus of the entire Commission. (now no. 21)
13
14 RESOLUTION (S)
15 (CONT'D)
16
17
18 72 -10 -13106
19 21. A resolution of the Mayor and City Commission of the
20 City of South Miami, Florida, employing Kenneth Harms
21 to serve as an investigator for the city attorney
22 retroactively as of January 1, 2010 and indemnifying
23 him for any and all claims arising out of his
24 investigations performed on behalf of the City; and
25 providing an effective date. 3/5
26 (Vice Mayor Newman)
27
28 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
29 approve this item.
30
31 Mayor Stoddard said that the reason for the retroactive pay
32 is just to protect Mr. Harms from any lawsuits that may arise
33 from his work with the City.
34
35 Commissioner Palmer said that she is not in favor of this
36 because it is not clear what Mr. Harm is investigating. She also
37 said that this item should have come before the Commission since
38 the very beginning for approval. She said that there is no backup
39 and that he should have gone through the normal employment
40 procedure.
41
42 Mayor Stoddard said that he has received a number of
43 concerns from residents; there have been terminations and
44 lawsuits arising from those terminations, and there are issues
45 that need to be resolved by independent investigation.
46
CITY COMMISSION MINUTES 24
April 6, 2010
m1a t!
1 With some further comments, the motion to approve this item
2 passed by a 4 -1 vote:
3
4 Commissioner Palmer: Nay
5 Vice Mayor Newman: Yea
6 Commissioner Beasley: Yea
7 Commissioner Harris: Yea
8 Mayor Stoddard: Yea
9
10
11 23. A resolution of the Mayor and City Commission of the
12 City of South Miami, Florida, ratifying the prior
13 termination of W. Ajibola Balogun as City Manager and
14 expressing the desire of the City Commission not to
15 reinstate or re- employ W. Ajibola Balogun, as City
16 Manager; and providing for an effective date. 3/5
17 (City Attorney)
18
19 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
20 approve this item.
21
22 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
23 the motion to defer this item passed by a 5 -0 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 22. A resolution of the Mayor and City Commission of the
33 City of South Miami, Florida, relating to boards and
34 committees; appointing Jaquira Wilson to serve on the
35 South Miami Community Redevelopment Agency (SMCRA)
36 Board for a two -year term ending April 5, 2012; and
37 providing an effective date. 3/5
38 (Commissioner Beasley)
39
40 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
41 approve this item.
42
43 Commissioner Beasley briefly spoke about Ms. Wilson, saying
44 that she appeared to him to be very independent thinking and a
45 very intelligent person.
46
CITY COMMISSION MINUTES 25
April 6, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
am
45
Vice
position;
make on
candidate
Mayor Newman said that
there are
this Board,
wisely.
some important
and that they
PTEN
this is a very important
decisions that they need to
really do need to select a
Mayor Stoddard concurred with the Vice Mayor, and they said
that it would be nice to have her resume.
Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
motion to defer this item passed by a 4 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Yea
73 -10 -13107
24. A resolution of the Mayor and City Commission of the
City of South Miami, Florida condemning the repressive
actions of the Cuban government and expressing the
support and solidarity of the residents of the City of
South Miami, Florida to Las Damas de Blanco "The Ladies
in White," and all of their family members unjustly
imprisoned during the Black Spring of 2003; and
providing for an effective date. 3/5
(Vice Mayor Newman)
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 5 -0 vote:
CITY COMMISSION MINUTES
April 6, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
(UNFINISHED BUSINESS)
Fia
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
a
25. A resolution of the mayor and City Commission of the
City of South Miami, Florida, relating to hiring a
professional search service firm to assist the City
Commission in the process of hiring a permanent city
manager; and providing an effective date. 3/5
(Vice Mayor Newman)
There being no further business to come before this Body,
the meeting adjourned at 12:09 p.m.
raE1WIMa
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
April 6, 2010
27
Approved
Philip K. Stoddard
Mayor