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City of South Miami
Regular City Commission Minutes
April 19, 2010
The City Commission of the City of South Miami, Florida met
in regular session on Monday, April 19, 2010, beginning at 7:24
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
Commissioners Velma Palmer, Brian D. Beasley and Walter A.
Harris.
Also in attendance were: City Attorney Laurence Feingold,
City Clerk Maria M. Menendez and Acting City Manager Roger M.
Carlton.
B. Moment of Silence: By Mayor Stoddard.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Explorers Winning Competition
Chief Richardson presented the South Miami Police Explorers
Post 256 to be recognized for being awarded first place over an
annual competition in South Florida out of 66 police agencies in
Miami -Dade and Broward Counties.
Brian Taylor, South Florida Regional Planning Council
Clean Cities Coalition (Energy Efficiency & Conservation
Block Gr
Mr. Taylor addressed the Commission explaining some of the
functions of the organization. He referred to the American
Recovery Reinvestment Act (ARRA) and the Block Grant Program. He
said that he has been working with our Grant Writer in order to
apply for a $57 million dollar grant, together with other cities
in South Florida, Utah and Iowa for the other half of the Energy
Efficiency & Conservation Block Grant. He said that this is an
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extremely competitive program and that they expect to hear about
the results by mid May. Some of the benefits of obtaining this
grant will be to assist middle income neighborhoods with
retrofitting their structures to make them more energy efficient.
Another important benefit will be that it will make possible the
creation of new jobs.
With no further presentations this section was closed.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of April 6, 2010
Moved by Commissioner Beasley, seconded by Commissioner
Palmer, the motion to approve the minutes of April 6, 2010 passed
by 5 eyes and 0 nays.
2. City Manager's Report (25 minutes)
a) Report on issues related to location of group homes: (1)
Munder Group Home at 6647 SW 63 Avenue (2) Land Development
Code regulations on group homes and potential amendments.
This will be a joint report from the Planning Director and
the City Attorney relative to State law and the location of
group homes in certain neighborhoods:
i. Vice Mayor Newman said that after reading some
similar cases in other municipalities, she noticed
that there is one with a provision requiring a 24-
hour supervision in group homes, adding that she
would like for that to be a consideration. They also
established a community relations board that worked
directly with the group homes in order to address any
problems that they would have with the group homes;
b) Hurricane Preparedness: This will be a report from Major
Michael Mills of the South Miami Police Department regarding
the 2010 Hurricane Preparedness Plan. The Hurricane
Preparedness Plan is in the agenda package:
i. Mayor Mills addressed the Commission on this subject;
ii. Mayor Stoddard asked about the capacity of the
generators;
iii. Mr. de la Torre explained that Public Works has the
capability of refueling as needed;
CITY COMMISSION MINUTES 2
April 19, 2010
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c) Red Road Commons Development Agreement Affordable Housing
$100,000 payment. This is a verbal report from the Acting
City Manager regarding the status of a $ 100,000
contribution by Red Road Commons to fund affordable housing:
i. Mr. Carlton recommended referring this matter to the
Affordable Housing Committee for their input as to how
to spend this money;
d) Status Report regarding conversion of a proposed Pedestrian
Bridge on US 1 and Sunset Drive to an at -grade pedestrian
safety improvement. There will be a presentation from Miami
Dade Transit Agency (MDTA)staff regarding Miami Dade
County's desire to substitute $1.5 Million grant approved by
the 2008 Legislature with other grant in order to allow the
original funds to build a "Park and Ride" at the Quail Roost
Drive South Dade Busway Stop:
i. Mr. Carlton said that the key here is to accept the
strategy that is embodied in the letter from the County
to Public Transportation Manager, Carl Filer; and
because we are now certified, we can get that money
directly;
ii. Albert Hernandez from Miami -Dade Transit addressed the
Commission referring to the letter sent from Miami -Dade
Transit to Mr. Filer requesting that $1.5 million
dollars in federal funding be transferred directly to
the City of South Miami to be used for the pedestrian
crossing. He added that his Department can provide
technical assistance to the City that may be necessary
to get the scope developed. Mr. Hernandez said that he
will be following up on this matter with Mr. Filer and
Mr. Carlton as to the next steps when the request is
approved.
e) Installation of graffiti cameras. The Acting City Manager
will give a verbal report regarding the start -up of the
program:
i. Mr. Carlton informed that three of the cameras that
are part of the Beta test with the private company
have been installed in high graffiti areas.
f) Referral of City of South Miami Charter requirement to
provide a departmental performance audit every five years to
the Audit Committee and Budget and Finance Committee for
recommendations as to definition of Scope of Work, timing,
priorities and funding source to meet the requirement:
i. Commissioner Palmer said that we do not even have a
Finance Director and that she has not received a
report in a while. Right now we are doing our regular
audit, and to take up an additional one would be a
little excessive at this time.
ii. Mayor Stoddard said that we are out of compliance at
this time and this is a requirement in the Charter,
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April 19, 2010
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so the Audit Committee can clarify the scope in an
effort to save time before a new Director is put in
place.
g) Murray Park Pool very Preliminary Draft Scope of Work.
There will be a discussion by the City Commission regarding
a very Preliminary Draft Scope of Work for the Murray Park
Pool. The intent is for the City Commission to give
direction regarding community input to the Scope of Work
while still meeting time deadlines imposed by Miami Dade
County:
i. At this time Mayor Stoddard provided the following
amendments to the Preliminary Draft Scope of Work:
• Up at the top he added item no. 4 "Shady tropical
Landscape ";
• Under Additional scope of work:
• no. 3 changed to read: A children's pool
area...
• no. 7 changed to read: A multi - purpose ream
space with capacity of 50 people for events
and rentals.
• no. 21 deleted: Meveable b ehers;
• no. 22 changed to read: Outdoor chairs and
tables allowing for lixrited speetater events
family oriented seating groups.
• Under "Sustainable features ", page 2 -3: To list
the seven items as examples as opposed to
requirements, and leave it to the discretion of
the designers to figure out how to meet our
desires there.
• Under "Other qualities ": strike ...and ,.hea d have
'Ily b,7
tiau yc....
• Options:
• Firms are encouraged to bring additional
grants or funds, if they are able to do so,
to expand the scope.
ii. At this time Commissioner Palmer expressed concern
again with the proposed changes to the original plan;
she said that they are ignoring the request from the
CAA to meet with the Commission about this matter. She
said that this is not the way to go forward with this.
iii. Mayor Stoddard said that this scope of work is
actually a hybrid between the original scope that was
the $7 million dollar pool that we couldn't afford,
but more scaled down, and we are hoping to capture the
best elements of each, but within a budget that we can
afford. We also heard input from the community at the
public meeting we had at the Community Center, but we
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April 19, 2010
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do need to bring in the interested parties as soon as
possible; however, we need to keep going forward and I
will not allow this project to stall, he added. He
said that there will be other opportunities in the
future for public input.
iv. Commissioner Beasley said that one of the reasons for
his concerns is that they still do not have the cost
of maintenance and that he doesn't want to have the
same problem with the pool that we are having with the
Community Center. He said that he wants to make sure
that this pool will be affordable for all the people
in the community.
v. Mayor Stoddard at this time said that based on
Commissioner Beasley's remarks, he is adding to the
Scope of Work, "A goal of minimizing operation costs."
Mr. Carlton indicated that this is already included
under "Additional scope of work" as item no. 31.
vi. Commissioner Harris said that this is for the entire
community and that we are all on this together, we are
trying to get it done and that we are going to need a
lot of input. He said that the Commission will meet
with the CAA a month from today.
vii. At this time Ms. Sarah Tompkins addressed the
Commission at their request. She said that the CAA can
have special meetings as long as procedures are
followed because they have the responsibility of
advertising and giving proper notice.
viii. At this time Mr. Carlton said that he will be meeting
with Shirley Horne, Director of the County Department
that oversees the bulk of this money, and asked the
Commission to designate one member to go with him to
this important meeting. Mayor Stoddard said that he
will try to go and Commissioner Harris agreed to go in
the event that the Mayor will not be able to make it.
h) Verbal report regarding recruitment for Public Works
Director, Finance Director, Parks & Recreation Director and
Human Resource Manager. The Acting City Manager will brief
the City Commission on the status of these four senior level
recruitments:
i. Mr. Carlton informed the Commission regarding the
status of these positions and that he will soon come
to closure on most of them, starting with the Public
Works Director position.
i) Fourth of July Celebration. This will be a discussion
regarding the scope, cost and funding sources for the Fourth
of July Celebration:
i. Mayor Stoddard said that he is willing to go to the
mayors in the neighboring municipalities and see if
they would like to contribute in exchange for a formal
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April 19, 2010
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invitation of their residents, and that he will need
to go with a shopping list with the things that we
will need.
j) Traffic Calming at SW 62nd Avenue and 42nd Street. This will
be a request to schedule a community meeting regarding the
design of a proposed traffic calming project at SW 62nd
Avenue and 42nd Street:
i. Mr. Carlton said that what the County has proposed is
unacceptable to the neighbors, and since the County
requires the acceptance of the neighbors, he said that
he would like to convene a community meeting and that
he will be informing the Commission as to the date for
that meeting.
At this time Vice Mayor Newman requested about the status on
the traffic calming study in Pinecrest Villas which has been
completed and whether a date has been scheduled to conduct a
workshop to discuss the results of that study.
Mr. de la Torre said that he has a draft of the report and
Mr. Carlton said that he will try to get it on the next agenda.
With no further comments the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
NONE
PUBLIC REMARKS
(5 minutes)
Cal Rosenbaum addressed the Commission regarding the
commercial property he owns across from City Hall which is vacant
because nobody can have access to it. He urged the Commission to
remedy the problem with access to his property which has cost him
a lot of money so far. He then spoke in favor of Mr. Carlton and
about his credentials. He said that he is in favor of a search,
but that the Acting City Manager should be allowed to apply and
that the search should be on a regional basis.
Mike Thompson, a partner of Sunset Gallery addressed the
Commission in opposition to item no. 22 on the agenda relating to
proposed regulations for business outside a business.
Javier Banos thanked the Commission for the proposed
appointments to the Pension Board. He also thanked Mr. Carlton
CITY COMMISSION MINUTES 6
April 19, 2010
for going to his neighborhood of SW 62nd Avenue and helping them
in order to alleviate the problems in that area.
Reverend Gay addressed the Commission with concerns about
rumors regarding firing the Chief of Police. He spoke highly
about the Chief who he has known since he had him in his class at
South Miami Middle. Other speakers who also expressed the same
sentiments as Reverend Gay were: Daisy Harrell, Levy Kelly, Sarah
Tompkins and Simon Codrington Jr.
Mary Jane Marks with Mack Cycle and Fitness, addressed the
Commission saying that she has been in business in South Miami
for over 50 years. She said that she has always displayed
products outside her property, but now she is being cited under
the new regulations.
Brad Cassel addressed the Commission regarding the status of
the membership in the Police Pension Board, indicating that most
of the terms have expired and urged the Commission to take care
of the re- appointments so that the Board may continue to
function. He also offered to sit on the Board for 90 days if
necessary until the positions are filled.
John Edward Smith spoke about items no. 5 on the agenda
relating to a search for a permanent city manager, and no. 22 on
the agenda relating to `business outside a business' which is
affecting businesses such as that of Mack Cycle.
Sharon McCain referred to the item on the agenda regarding
the RFQ to search for a permanent city manager saying that she
doesn't think that the Acting City Manager should be
automatically allowed to apply for the permanent position. She
said that Mr. Banos should not be nominated to two pension boards
because of conflict of interest between the Pension Board and the
Pension Ad Hoc Committee. She then referred to the Parking Board
which has been inactive for some time now and that this is a very
important board. She then spoke in favor of Chief Richardson who
is one of the first persons she met when she moved here 14 years
ago; she said that the Chief is very friendly, likeable and that
he has always been good to her.
Dick Ward referred to the pool project saying that he is
concerned with meeting deadlines. He also spoke in favor of the
Chief whom he had in his class while he taught at South Miami
Middle.
With no further speakers the public remarks section was
closed.
CITY COMMISSION MINUTES 7
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At this time Mayor Stoddard addressed the concerns expressed
by some of the speakers tonight. He said that it is wrong to take
the recession as an excuse to let people off; he said that we
would not terminate an employee of the City for simply political
reasons; about the pool, he said that he walked the entire City
and that the support for the pool was less than 50 percent;
therefore, part of our challenge has been to build greater
support for the pool so that we can go forward with it;
concerning Florida Power and Light, he said that he met today by
phone with a group of attorneys and the Acting City Manager,
concerning many cities getting together to challenge FP &L
statement of completion; in addition, he said that he got an
update on the green corridor initiative that Mayor Browman of
Cutler Bay put together, it has cleared the House Energy
Committee and it looks like it is going to go forward in the
State Senate as well. He then said that our City has a long
history of battles among residents and developers over heights
and density; therefore, he is trying a different approach which
is education, and the idea is bringing excellent designers and
speakers to explain to us some of the principles by which
residential single- family neighborhoods can flaw more gracefully
and beautifully into more urban neighborhoods. The first of these
seminars called "Design Matters" will be given by Victor Dover on
the 6th of May at 7:00 p.m. in the Commission Chambers.
Vice Mayor Newman said that she feels disturbed by the fact
that time after time the community is used and issues become
racial, quoting from Dr. King's "I Have a Dream" famous speech.
She said that there is no one here that is being judged by the
color of the skin. She said that she doesn't see color, but
rather, someone's ability to do the job. The Police Chief is the
most important position that we have in the City, after the City
Manager. She said that residents deserve to feel safe in the
City. She has received numerous emails from residents reporting
incidents that need to be resolved. She said that there is an
investigation, and when that investigation is complete it will
either say yes, he deserves to be Chief, or no he doesn't, but it
is going to be done fairly and it is not going to be based on the
color of the skin.
Commissioner Palmer said that she walks the streets every
day and every night and that she does not feel afraid. She said
that she feels that she is in a different place because these
things are new to her. She then referred to various concerns she
has with the present direction of the Administration and the
Commission, among which she referred to the hiring of Mr. Harms
with no job description, and which should have been done in
accordance with the Employment Manual; items being paid from the
contingency fund such as the paying of two percent in the pension
CITY COMMISSION MINUTES 8
April. 19, 2010
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fund, and the paying of the Commissioner's legal fees; these and
other items were never budgeted for and some residents are
questioning our ethical standards; she also referred to the newly
adopted procedure for appointing members to the boards, saying
that she has been excluded from that procedure; she said that she
has informed the Commission that she is totally opposed to
excessive meetings; the Charter speaks of two monthly meetings
and that she will abide by it. Finally, she said that no matter
what happens here, her commitment to the people and City will
remain the same: "I'll be fair, I'll be truthful and I'll be
honest ", and I am very concerned.
Mayor Stoddard addressed one of Commissioner's concerns
dealing with board members, explaining that the Charter amendment
that was adopted allows for each Commissioner to appoint one
member on a seven - member board, and that the Commission as a
whole can recommend the two additional members; therefore, what
has happened on a number of seven - member boards, is that the
Committee of the Whole has met and recommended two people for
those slots, and each Commissioner has been afforded one, and
Commissioner Palmer's slot has been reserved on those boards for
her to make an appointment.
Commissioner Harris said that this Commission is open,
honest and approachable and that they are trying to take care of
past problems so that they may move forward for the best interest
of the community.
Commissioner Beasley said that the community needs to start
looking at the entire picture and coming out for all other issues
as well. He said that he is doing his best to fight for the
community and to make sure that the pool is affordable and that
he needs for the people to support this as well, and to come out
again and make sure that this pool is going to be for the
community; the problem is that we still don't know how much it
will cost to maintain that pool.
At this time the Mayor announced a five - minute recess.
4. Commission Reports, Discussion & Remarks (25 minutes)
Recruiting for vacancy in the SMCRA Board.
(Mayor Stoddard)
Mayor Stoddard at this time reminded the community to apply
for this vacancy, adding that a resume will be helpful, along
CITY COMMISSION MINUTES 9
April 19, 2010
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with some indication of residency and involvement in the
neighborhood within the CRA area.
Commissioner Palmer said that the requirement for a resume
should be across the board, and not only for the CRA Board.
Mayor Stoddard and Vice Mayor Newman concurred with
Commissioner Palmer. Vice Mayor Newman said that particularly
with those such as the Planning Board, she will not consider
applications that do not have credentials attached to them.
Commissioner Beasley at this time announced the summer
program workforce for ages 14 -24, urging anyone interested to
apply; the pay is $8 -10 an hour.
With no further comments this section was closed.
At this time Mayor Stoddard moved to add revised item no. 5
and add -on item no. 5.5 on the agenda. Seconded by Vice Mayor
Newman. (now nos. 5 and 6)
Commissioner Palmer said that she does not agree with item
no. 5.5 (6) and that she would like to have some more time to
look into it, and that in her opinion the item should be done in
the form of an ordinance instead of a resolution.
Mayor Stoddard said that he believes that the item is very
timely and proceeded to call the question.
With no further comments, the motion to add the two items
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Moved by Vice Mayor Newman to pull item no. 24 out of order
to be heard before the Consent Agenda (now item no. 7). The
motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
CITY COMMISSION MINUTES 10
April 19, 2010
RESOLUTION (S)
74 -10 -13108
5. 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)
Moved by Mayor Stoddard, seconded by Commissioner Beasley to
approve this item.
Vice Mayor Newman said that it is important to keep their
promises, and that when they embarked on this endeavor six months
ago they promised the residents and taxpayers of the City that
they would not do business as usual by automatically making the
interim permanent as it was done in the past. She then referred
to the amendments that would be done to the resolution: Deputy
City Attorney is directed to issue a Request for Qualifications
(RFQ), with responses required to be filed no later than May 5,
2010, with presentations at the Committee of the Whole meeting
May 11th, and then the selection of the firm will occur at the
meeting of May 18th, with a Special Workshop May 19th to meet with
the selected firm and to be able to establish criteria with that
firm.
At this time Commissioner Beasley informed that he will not
be available for the Commission meeting of May 18th
Consequently, Vice Mayor Newman proposed holding a short special
meeting on May 11th at 8:30 p.m. following the Committee of the
Whole meeting which will start at 6:30 p.m. And a Special
workshop to be held May 13th
Moved by Vice Mayor Newman to amend the resolution by adding
that "the Deputy City Attorney will select five (5) firms to
present to the Commission for their consideration. Seconded by
Commissioner Beasley, the motion 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 Palmer to amend the resolution by
removing lines 26 -27. Seconded by Mayor Stoddard.
CITY COMMISSION MINUTES 1 1
April 19, 2010
Vice Mayor Newman said she was not in favor because the
Acting City Manager should be considered for the position,
suggesting changing the language from "...the Acting City Manager
shall automatically be considered an applicant..." to "may be
considered an applicant for the job of a permanent City Manager..."
After further discussion, Vice Mayor Newman agreed with the
amendment as presented and the motion passed by a 4 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Yea
Vice Mayor Newman explained that her reasons for directing
the Deputy City Attorney to handle this matter is because of his
past experience on this with the City of Hallandale.
Commissioner Beasley said for clarification that the account
for the funding of this will be provided at the time of hiring
the selected search firm.
With no further comments, the motion to approve this item as
amended and as a whole passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
75 -10 -13109
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, expressing the City
Commission's intent to indemnify and defend its
currently appointed officials from claims made against
them based on decisions or actions they have taken or
will take within the course and scope of their duties;
and providing an effective date. 3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
CITY COMMISSION MINUTES 12
April 19, 2010
Commissioner Palmer said that she is not in favor of this
resolution because she did not have enough time to research it;
she also said that she will take this up to the Bar Association
because something is wrong with it when the item is picking and
choosing who is going to be protecting. She also said that in her
opinion this should be done in the form of an ordinance. She said
that this resolution is self - serving and it is not addressing the
needs of the City; she also said that this will impose a burden
on the taxpayers who will be paying for it.
Mr. Feingold explained that all this resolution does is
protecting current elected and appointed officials of the City
from being sued after they leave the City.
Vice Mayor Newman asked for the record, that if they voted
to adopt this resolution, whether they would be doing anything
illegal, improper or unethical. Mr. Feingold said "none
whatsoever."
Commissioner Harris proposed to defer this item until the
next meeting.
Vice Mayor Newman said that she would not support deferring
this item which was posted on the website, and that there was
adequate enough time to read and understand it, adding that we
also have our own legal consultant.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
ORDINANCE (S)
Commissioner Palmer: Nay
Vice Mayor. Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
READING PUBLIC HEARING (S)
7. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to a request to
amend the official zoning map of the City of South
Miami Land Development Code by designating a
commercial building located at 7221 SW 58 Avenue (aka
Bougainvillea Tavern) and legally described as being a
portion of Lots 51 and 52, less east 50 feet, in W.A.
Larkin's Subdivision, recorded in Plat Book 3, page 198
CITY COMMISSION MINUTES
April 19, 2010
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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 Commissioner
Harris to approve this item.
At this time speakers were sworn in.
Mr. Youkilis presented this item. The historic designation
of the Bougainvillea Tavern is part of a series of downtown
buildings recommended for designation by the Historic
Preservation Board. The Board, at its meeting of February 22,
2010 unanimously approved recommending the historic designation
of the building. The Planning Board, at its March 9, 2010 meeting
adopted a motion of 5 ayes and 2 nays recommending that the
proposed designation be denied. Staff's report provided a list of
the impact of designation on property rights. The proposed
ordinance, together with all backup information (Item no. 24 on
the agenda) may be viewed and downloaded from the City's website
at: www.cityofsouthmiami.net
The property owner has submitted a written objection.
Therefore Mr. Youkilis explained that the Land Development code
provides that with any zone change in which there is a written
record of opposition by the property owner, a four -fifth vote
will be required.
At this time the public hearing was opened.
Jeffrey Bass, an attorney representing the property owner
addressed the Commission, and a court reported was present to
record the proceedings.
Mr. Bass said to the Mayor that he reviewed the minutes of
the prior proceedings which shows that his wife has expressed her
opinion in favor of this historic designation; therefore, and
because this is a quasi - judicial proceeding, he said, he
respectfully asked the Mayor to recuse and disqualify himself
from this matter due to conflict of interest.
As the result of Mr. Bass's request, Mr. Feingold asked the
Mayor a series of questions: (1) What about your wife's financial
interest in the property? Mayor: She has none; (2) Do you have
CITY COMMISSION MINUTES 14
April 19, 2010
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any financial interest in any properties in that area? Mayor: I
have none; (3) Does your wife have any financial interest in the
property or surrounding properties in the Sunset area? Mayor: She
has no such interest; (4) Is there any financial gain that would
accrue to you or your wife as the result of a vote on this
matter? Mayor: No. Mr. Feingold told the Mayor that he had a duty
to vote and that he would be violating the law if he did not
vote.
At this time Vice Mayor Newman moved to extend the meeting
until 12:00 a.m. Seconded by Commissioner Beasley, the motion
passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
At this juncture Mr. Bass continued with his presentation to
the Commission.
Mr. George Hernandez, a Professor of Architecture with the
University of Miami addressed the Commission saying in summary
that it is wrong to use designation when it does not satisfy the
Department of Interior standards.
Sharon McCain said that this is another typical example of
people buying property without getting informed before they buy.
She said that this is a very important and integral part of our
City.
Gray Read, a Professor of Architecture at Florida
International University, addressed the Commission saying that
she has written on the history of Philadelphia, not Miami, and
she clarified that she is not an expert on vernacular structures
in the southeast, and that she respects very much Mr. Hernandez's
analysis of the building and that everything that he said is
true. She said that it is true that it has changed many times,
and that as an object, it doesn't have great value, but it has
been a part of our City for a long time, it has changed many
times and it has shown evidence of those changes in its very
fabric. She said that it is part of the changing history of our
town, and it gives our town some of its character and it reminds
us that this used to be a residential area. She finally said that
maybe the historic designation is not the appropriate approach,
but maybe there is some other way to recognize that this
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April 19, 2010
PT
structure is a record of the continuity of change that goes on in
the City.
Mayor Stoddard requested some clarification from staff
regarding the criteria. Mr. Youkilis said that the Code provides:
districts, sites, structures and objects of national, state and
local importance are of historical significance if they possess
integrity of location, design, setting, materials, workmanship,
feeling and association. And this is one of the criteria. Another
criteria are: Associated with the life of a person significant in
our past. And: Distinctive characteristics of a type - period style
of methodic construction or a work of a master, or that possess
high artistic value or that represented distinguishable entity
whose components may lack individual distinction.
Professor Read asked the Commission as to whether it would
be possible to defer this item to see if an alternate agreement
may be found.
Moved by Vice Mayor Newman to defer this item, seconded by
Mayor Stoddard, the motion to defer was withdrawn and replaced
with the motion to continue with this item at the first meeting
of the City Commission in June 2010, subject to the availability
of the attorney representing the property owner. The motion
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
At this time the Commission pulled items no. 12, 13 and 18
from the Consent Agenda (now nos. 18, 19 and 20).
(BEGINNING OF CONSENT)
76 -10 -13110
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to accept a grant from the Robert Wood
Johnson Foundation Active Living Research Program that
would allow Project Rise to observe physical activity
at the After School House Program; providing an
effective date. 3/5
(Acting City Manager)
CITY COMMISSION MINUTES 16
April 19, 2010
PTE
77 -10 -13111
9. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Joseph Russo to serve on the
Park and Recreation Board for a two -year term ending
April 18, 2012; and providing an effective date. 3/5
(Vice Mayor Newman)
78 -10 -13112
10. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Antoinette B. Fischer to serve
on the Citizens Advisory Group (Community Gardens &
Farmers Market) for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Commissioner Harris)
79 -10 -13113
11. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Penny McCrea to serve on the
Citizens Advisory Group (Urban Landscape) for a two -
year term ending April 18, 2012; and providing an
effective date. 3/5
(Committee of the Whole)
80 -10 -13114
12. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Harvey Bernstein to serve on the
Citizens Advisory Group (Urban Landscape) for a two -
year term ending April 18, 2012; and providing an
effective date. 3/5
(Committee of the Whole)
81 -10 -13115
13. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Donna Shelley to serve on the
Commission for Women for a two -year term ending April
18, 2012; and providing an effective date. 3/5
(Committee of the Whole)
82 -10 -13116
14. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
CITY COMMISSION MINUTES 17
April 19, 2010
TlaArt!
committees; re- appointing Marice Chael to serve on the
Green Task Force for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Committee of the Whole)
83 -10 -13117
15. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Buck Reilly to serve on the
Green Task Force for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Mayor Stoddard)
84 -10 -13118
16. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Thomas Kosky to serve on the
Pension Board for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Mayor Stoddard)
85 -10 -13119
17. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Javier Banos to serve on the
Pension Board for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Vice Mayor Newman)
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to approve the Consent Agenda passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
(END OF CONSENT)
RESOLUTION (S)
(Cont'd)
CITY COMMISSION MINUTES 18
April 19, 2010
86 -10 -13120
18. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Gray Read to serve on the
Green Task Force for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Committee of the Whole)
Moved by Commissioner Beasley, seconded by Commissioner
Harris to approve this item.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman, Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Recused
(This item was withdrawn)
19. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Kristin Hebert to serve on
the Green Task Force for a two -year term ending April
18, 2012; and providing an effective date. 3/5
(Commissioner Harris)
20. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Peter Isern to serve on the
Pension Board for a two -year term ending April 18,
2012; and providing an effective date. 3/5
(Committee of the Whole)
Moved by Commissioner Beasley, seconded by Vice Mayor Newman
to approve this item.
Mayor Stoddard said that he pulled this item because the
application form is not current.
With some further comments, the motion to defer this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
CITY COMMISSION MINUTES 19
April 19, 2010
PTEN
Commissioner Harris: Yea
Mayor Stoddard: Yea
Moved by Mayor Stoddard to take items no. 20 and 23 out of
order (now nos. 21 and 22), seconded by Commissioner Beasley the
motion passed by 5 eyes and 0 nays.
87 -10 -13121
21. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to purchase Five Ten 454- (10) 2010 Ford
Crown Victoria Police Interceptor (CVPI) vehicles from
Gus Machado Ford for an amount of $126,700.00 and
authorizing the Acting City Manager to seek the lowest
bidder for financing of four 44 -)- nine (9) of the
vehicles for an amount of $101,360.00 from Police
Vehicle Lease /Purchase Account # 001 - 1910 -521 -4450 and
the fifth ninth vehicle to be funded from the American
Recovery and Reinvestment Act Grant in the amount of
$25,340.00 and authorizing the expenditure of not more
than $24,754.80 for emergency equipment and
installation from Dana Safety Supply and $1,957.80 for
graphics installation by Graphics Design International
for five 6* ten (10) vehicles from Police Operating
Equipment Account # 001 - 1910 -521 -6430, Providing for an
effective date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
Mr. Carlton presented this item explaining that because the
finance rate came so low, and because there is enough money
available, he contacted the leasing company to see if they would
be willing to finance five more vehicles; if approved by the
Commission, we will have to budget $27,000.00 for next year's
lease payment. He said that if the purchase of ten vehicles is
approved, we will not have an active vehicle with more than
100,000 miles.
Moved by Mayor Stoddard
the number of vehicles from
Vice Mayor Newman, the motion
as a whole passed by a 5 -0 vo
CITY COMMISSION MINUTES
April 19, 2010
to amend the resolution to change
five (5) to ten (10) . Seconded by
to approve this item as amended and
to :
20
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
1. ` :4 111 k, Fal k, �.
22. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to finance the purchase of €eur —(-4) nine
(9) 2010 Ford Crown Victoria Police Interceptors for a
total amount of $101,360.0000 $228,060.00 and accepting
the interest rate of 3.08% for a five (5) year
financing term through Suntrust Bank with twenty (20)
quarterly payments in the amounts of v� $5,48 7.7o
$12,378.72 and charging to the Police Department's
Vehicle Lease /Purchase Account Number 001- 1910 -521-
4450; Providing for severability, ordinances in
conflict, and an effective date. 4/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
Moved by Mayor Stoddard to amend the ordinance to read that
we will finance the purchase of nine (9) vehicles instead of four
(4) vehicles. Seconded by Commissioner Beasley, the motion to
approve this item as amended and as a whole passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
RESOLUTION (S)
(Cont'd)
88 -10 -13122
23. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, ratifying the prior
termination of W. Ajibola Balogun as City Manager and
CITY COMMISSION MINUTES 21
April 19, 2010
pm
expressing the desire of the City Commission not to
reinstate or re- employ W. Ajibola Balogun, as City
Manager; and providing for an effective date. 3/5
(City Attorney)
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
y", U]F1:1z 7--I IF-] I 1 4.1,E
• •
(Coot °d)
24. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the Pension
Ad Hoc Committee; providing for the extension of
membership. 3/5
(A resolution relating to the Pension Ad Hoc Committee; providing for the
extension of membership)
(Vice Mayor Newman)
25. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida directing the Planning and
Zoning Department and the Planning Board to consider an
ordinance revising Land Development Code Section 20-
3.1(E) entitled "Business Outside a Building" in order
to clarify the current regulation by establishing
specific limitations on type and extent of conducting
business outside of a building and a process for
obtaining both permanent and temporary permits; and
providing for an effective date. 3/5
(A resolution directing the PIZ Dept and the PB to consider an ordinance
revising IDC Sec. 20- 3.1(E) entitled "Business Outside a Building" in
CITY COMMISSION MINUTES 22
April 19, 2010
m1a f t�
order to clarify the current regulation by establishing specific
limitations on type and extent of conducting business outside of a
building and a process for obtaining both permanent and temporary
permits)
(Acting City Manager)
26. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Jaquira Wilson to serve on the
South Miami Community Redevelopment Agency (SMCRA)
Board for a two -year term ending April 5, 2012; and
providing an effective date. (Deferred 4106110) 3/5
(A resolution appointing Jaquira Wilson to serve on the SMCRA Bd for a 2-
yr term ending 4105112)
(Commissioner Beasley)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
27. 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)
28. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the South Miami
Code of Ordinances in order to remove existing Section
15 -100 entitled "Malicious defacement, marking of real
property" and creating a new Section 15 -100 entitled
"Graffiti and graffiti removal" which contains the
following sections; definitions; prohibited activity;
possession of spray paint and markers; anti - graffiti
trust fund; declaration of nuisance; responsibility of
property owners, graffiti removal and notice; appeals;
failure to comply, cost of removal, liens,
foreclosures; disputing assessed costs; providing for
severability; providing for ordinances in conflict; and
providing for an effective date. 3/5
(Acting City Manager)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
CITY COMMISSION MINUTES 23
April 19, 2010
PT
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
29. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, related to the Code of
Ordinances, amending Section 2.26.12 (a) and (c)
entitled "Green Task Force," in order to amend the
membership composition of the Task Force; providing for
severability, ordinances in conflict; and providing an
effective date. 3/5
(Mayor Stoddard)
There being no further business to come before this Body,
the meeting adjourned at 12:11 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES 24
April 19, 2010
Approved
Philip K. Stoddard
Mayor