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11 City of South Miami 2 Regular City Commission Minutes 3 May 4, 2010 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, May 4, 2010, beginning at 7:40 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, 18 City Clerk Maria M. Menendez and Acting City Manager Roger M. 19 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 NONE 28 29 Moved by Vice Mayor Newman, seconded by Commissioner Palmer 30 to place four add -on items on the agenda. The motion passed by a 31 4 -0 vote: 32 33 Commissioner Palmer: Yea 34 Vice Mayor Newman: Yea 35 Commissioner Beasley: Absent 36 Commissioner Harris: Yea 37 Mayor Stoddard: Yea 38 39 Moved by Commissioner Palmer, seconded by Vice Mayor Newman 40 and Commissioner Beasley to discuss the add -on items sponsored by 41 Vice Mayor Newman after the Consent Agenda. 42 43 Moved by Vice Mayor Newman to amend the above motion, and to 44 discuss add -on items no. 5 and 6 right after item no. 3 on the 45 agenda. The motion passed by a 5 -0 vote: 46 CITY COMMISSION MINUTES 1 May 4, 2010 1 Commissioner Palmer: Yea 2 Vice Mayor Newman: Yea 3 Commissioner Beasley: Yea 4 Commissioner Harris: Yea 5 Mayor Stoddard: Yea 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 11101 A i I I =90101 • - • • 1. Approval of Minutes Minutes of April 19, 2010 Moved by Commissioner Beasley, seconded by Commissioner Palmer, the motion to approve the minutes of April 19, 2010 as amended passed by 5 ayes and 0 nays. 2. City Manager's Report (25 minutes) a) Municipal Charter County Sales (People's Transportation Plan) Surtax Update: This is a report regarding a new proposal from Miami Dade County Manager George Burgess to absorb the cost of providing the PIP revenue to cities which have formed since the PIP Surtax was adopted by the voters: i. Within the next two (2) weeks, there will be a conference call with all municipalities to discuss the possibility of a Hold Harmless Revenue Growth Model. Staff will participate in the conference call and will provide updates to the Mayor and City Commission. b) Report relative the to Old Inspection Station site: This is a report informing the City Commission regarding the clean up of the site by the Public Works Department and suggesting a strategy to make a determination relative to using the site for a Farmers' Market/ Community Garden: i. Mr. Carlton referred to the actions to be taken in order to review the possibility of using the site as a farmer's market as outlined in his report. c) Report relative to an Easement Agreement between the City of South Miami and Larkin Community Hospital: This is a status report stating that required traffic/ road improvements have not been completed and a TCO or CO will not be issued until all requirements are met. (A complete report was included as part of this agenda item). CITY COMMISSION MINUTES May 4, 2010 2 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 48 49 d) Report regarding a meeting with Miami Dade County Housing and Community Development Director Shally Jones Horn Re: Murray Park Swimming Pool / 66th St Improvements and Street Lighting in the CRA area: This meeting was attended by Commissioner Walter Harris. The report will present Ms. Jones Horn initial .responses to City requests regarding the three projects listed above: i. Mr. Carlton referred to the meeting with Director Shally Jones Horn, and the question on the pool is that significant monies have been expended for the last design concept. The staff level decision is that they have reimbursed us approximately $58,000 for the design costs, and they are willing to convert that to the design -build project; ii. The 66th Street Improvements is about 50% designed and it needs some community involvement to make sure that the driveways are correct; iii. About the street lighting Mr. Carlton said that the Commission at its last meeting determined that the decorative lights were no longer a high priority, so he approached the County to see if those funds could be used for other lighting areas within the CRA and they are ok with that. iv. Mr. Carlton finally said that this was a staff level meeting and that Ms. Horn still needs to make sure that all of this is ok at the federal level. e) Report on the installation of ATT U- Verse: This report has been requested by the City Commission regarding the completion of installation of City of South Miami technology to allow meetings to be shown on ATT's U- Verse: i. Mr. Carlton said that U -Verse has been installed, and that the last thing to be done to bring up U- Verse is a T1 line which is a higher capacity connection from City Hall to AT &T. f) Report on appointment of Alfredo Riverol as Finance Director: Mr. Riverol has been appointed to this position after an open competitive process. This report will include Mr. Riverol's Charge Memorandum which defines his major assignments for the first year. g) Draft Report on Traffic Study from Kimley -Horn for Neighborhood Traffic Calming Study for Pinecrest Villas: The draft report is in the agenda package. The Acting City Manager will recommend that a community workshop be scheduled to provide input to the proposed improvements so the firm can complete the study: CITY COMMISSION MINUTES May 4, 2010 3 llaTt! 1 i. Mr. Carlton said that the concerns raised by the 2 Mayor could be resolved at another time, and that 3 the recommendation is that a community meeting 4 should be scheduled for the benefit of the 5 neighbors. 6 ii. Vice Mayor Newman urged staff to schedule this 7 workshop as soon as possible, and to provide 2 -3 8 alternate dates to choose from. 9 10 h) Status Report on FY 08/09 Independent Audit (CAFR) and 11 Management Letter: A meeting was held with the audit partner 12 from Rodriguez Trueba on April 22, 2010 to determine the 13 schedule to complete the audit. The Acting City Manager will 14 report regarding how the pension audit for FY 08/09 will be 15 completed and provide an estimate of when the entire CAFR 16 report and Management Letter will be completed: 17 i. This item was withdrawn by Mr. Carlton until a 18 definitive answer is available regarding a pension 19 audit. 20 21 i) Report regarding red light cameras: The Legislature has 22 passed enabling legislation which awaits Governor Crist's 23 signature. The City Commission has previously adopted an 24 enabling ordinance which must now be amended. The Acting 25 City Manager seeks direction from the City Commission on 26 this matter: 27 i. Mr. Carlton explained that the legislature has 28 enacted a bill which is waiting to be signed or 29 vetoed by the Governor; because the bill is 30 different than the ordinance adopted by the City 31 Commission, depending on the outcome of the bill 32 the ordinance will have to be revised. 33 34 j) Report regarding property tax exemption and tax exempt 35 financing concerns for the Municipal Garage: The Acting City 36 Manager and City Attorney will update the City Commission on 37 these two issues and seek direction: 38 i. Mr. Carlton said that this is relating to the tax 39 exempt status of the bonds on the Municipal 40 Garage; he said that the City Commission should be 41 concerned with the bond issue, and recommended the 42 retention of a bond counsel and a financial 43 adviser, and perhaps the retention of outside 44 counsel that can help in the renegotiation of that 45 transaction, plus there are other issues of 46 concern that could also be clarified. 47 ii. Mayor Stoddard said that this issue will be 48 scheduled for the next COW meeting so that the 49 City Attorney could make recommendations for CITY COMMISSION MINUTES 4 May 4, 2010 llaTt! 1 retaining a bond counsel and a financial adviser. 2 Mr. McArdle who is the legal representative of Mr. 3 Richman will be invited to attend this meeting. 4 5 k) Report regarding federal legislative program grant request 6 for South Miami Park: Pursuant to advice from Cardenas and 7 Partners, the legislative strategy has been revised for this 8 element of the program: 9 i. Mr. Carlton provided the status of this project, 10 explaining that as per our Washington consultants, 11 the best way to obtain funds for this Park is not 12 to seek the sewer project, but to seek a road 13 project so that money could come through the FDOT, 14 and that could include the sewer; therefore, he 15 said that he gave them the authority to change the 16 title and to revise the language. 17 18 With no further comments the City Manager's Report ended. 19 20 21 3. City Attorney's Report (15 minutes) 22 23 Mr. Feingold at this time addressed the Commission 24 recommending the retention of outside bond counsel because the 25 Legal Department sees a problem with the issues of the Municipal 26 Parking Garage. 27 28 With no further comments the City Attorney's Report ended. 29 30 31 RESOLUTION (S) 32 33 89 -10 -13123 34 5. A Resolution of the Mayor and City Commission of the 35 City of South Miami, Florida, relating to the 36 termination of Roger M. Carlton as Acting City Manager 37 effective immediately; and providing an effective 38 date. 39 (Vice Mayor Newman) 40 41 Moved by Commissioner Palmer, seconded by Vice Mayor Newman 42 to approve this item. 43 44 Vice Mayor Newman said that she introduced this resolution 45 with a heavy heart and that this has not been an easy decision. 46 However, she said that Mr. Carlton has disappointed her lately 47 with his performance. She said that for a number of reasons she CITY COMMISSION MINUTES 5 May 4, 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 48 had lost trust and confidence in this Manager and reason for bringing forth this resolution. Commissioner Harris said Mr. Carlton a six month or a because he had been hired as wanted to go forward with an happen. He said that this is of city manager. PT that is the that when it was brought up to give year contract, he was against that a temporary city manager and that he RFQ, and that he still wants that to not the time for an overnight change Commissioner Palmer said that over the past few months she has not seen anything done to move the City forward; it has been investigation after investigation and firing after firing. She said that we need a city manager to move the City forward and that is not happening here. Commissioner Beasley said that he does not think that it is proper to bring somebody down in public like this, just as a matter of respect. He said that he has been elected to represent the people and that is what he will continue doing until he leaves this place. Mayor Stoddard said that it has been a difficult relationship that the City has had with its city managers over the years; this is not an easy City to govern, and Mr. Carlton has had successes with some things but not with others. He then thanked Mr. Carlton for the many hours a day and the overtime that he has put in. He thanked him for having taken courageous stands on some difficult issues where he knew they would not be popular issues, but he did acted on principle reasons. He also thanked Mr. Carlton for the expertise he has brought on a number of issues. He then addressed the Commission saying that they need to find a person with whom they could feel comfortable as a group, and that he would like to bring unity back to the Commission. Finally, he urged the Commission to be extremely careful in the decision when the time comes to hire a permanent city manager. At this time Mayor Stoddard allowed Mr. Carlton to address the Commission. Mr. Carlton said, among other things, that because of the statements that were made today in this meeting, impugning his character, he will have to take whatever action is necessary to clear that. He then urged the Commission to abide by the provision of the Charter with regard to compensation for him and so forth. CITY COMMISSION MINUTES May 4, 2010 G 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 With no further comments, the motion passed by a 4 -1 vote: Commissioner Palmer: Vice Mayor Newman: Commissioner Beasley Commissioner Harris: Mayor Stoddard: PT to approve this item Yea Yea Yea Nay Yea 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to City Manager; appointing Buford R. (Randy) Witt as Acting City Manager; and providing an effective date. (Vice Mayor Newman) Moved by Commissioner Palmer, seconded by Commissioner Beasley to approve this item. Commissioner Harris recommended deferring this item to be heard at a special meeting. Moved by Commissioner Harris to defer this item to be discussed at a Special Meeting on Wednesday, May 5, 2010 at 9:00 p.m. Seconded by Commissioner Palmer, the motion passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea PUBLIC REMAI (5 minutes) David Tucker, Sr. addressed the Commission about the Constitution of the United States. Reverend Gay addressed the Commission saying that he will not tolerate the slandering of his name from anyone. Donna Shelley expressed disappointment about item no. 5 above. CITY COMMISSION MINUTES May 4, 2010 7 m1a t! 1 Levy Kelly spoke in support of item no. 5 above, saying that 2 he also had lost confidence on the Acting City Manager that was 3 terminated. He also referred to the pool project and the need to 4 come to an agreement with the community. 5 6 Mike Thompson, a partner of Sunset Gallery addressed the 7 Commission with concerns regarding item no. 6 on the agenda 8 relating to regulations for business outside a business. 9 10 Robert Andrews urged the Commission to do something about 11 drug related problems in the City. 12 13 John Edward,Smith addressed the Commission regarding item 14 no. 6 on the agenda with concerns about the future of Mom & Pop 15 retail businesses. 16 17 Mary Jane Mark, owner of Mack Cycle and Fitness, addressed 18 the Commission about item no. 6 on the agenda, saying that there 19 are numerous deficiencies in the ordinance, urging the Commission 20 to have it rewritten. 21 22 Margaret Sotham, Director of the South Miami Drug Free 23 Coalition addressed the Commission explaining that the 24 organization works together with families and schools in an 25 effort to solve the issues of youth substance abuse. She then 26 announced an upcoming event of that nature on May 27'h at 8:00 27 p.m. at the Gibson - Bethel Community Center. 28 29 Charlene Boyton whose son was recently killed, addressed the 30 Commission in support of Police Chief Richardson. 31 32 Roman Compte addressed the Commission about item no. 6 on 33 the agenda, expressing concern about the negative impact of Code 34 provisions on small businesses. 35 36 Sharon McCain requested the status on U- Verse; she said that 37 Mr. Banos would have a conflict of interest by seating on the 38 Pension Board and on the Pension Ad Hoc Committee at the same 39 time; and she urged the Commission to take their time when 40 searching for a new city manager. 41 42 Brad Cassel requested that items pertaining to appointments 43 to the Pension Boards be deferred, explaining the reasons for his 44 request. 45 46 Joann Henderson addressed the Commission requesting that her 47 permit fees be waived. She also spoke in favor of Chief 48 Richardson. 49 CITY COMMISSION MINUTES 8 May 4, 2010 1 2 3 4 5 6 7 8 9 10 11 ].2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2_7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PT Sarah Tompkins spoke in support of Chief Richardson, urging the Commission to reinstate him to his position. Carla Newfell referred to item no. 6 on the agenda, also with concern about the impact of the rules on small businesses. Dick Ward announced that the State Legislature recently passed a resolution designating Ludlam Road, from Bird Road all the way to the end as a historic road. This means that Ludlam Road cannot be changed. He also spoke in support of Chief Richardson. Gray Read announced the lecture series with innovative ideas in architecture sponsored by the Green Task Force, starting Thursday, May 6th. Bob Welsh spoke about Palmetto Bay and the City Commission meeting that he attended. He then referred to a Community Newspaper article. Kevin Hurley addressed the Commission saying that decisions such as that of terminating somebody are not easy decisions and it is something not to be taken lightly. He urged everyone to contact the Commissioners when they require clarification on any issue. Shawnte Wells spoke in support of Chief Richardson and of how the community has improved and how safe it has become. Ernie Caper also spoke in support of Chief Richardson. With no further speakers, the public remarks section was closed. 4. Commission Reports, Discussion S Remarks (25 minutes) Joint meeting with the Community Action Agency (CAA), Monday, May 17, 2010 at 7:00 p.m. at the Senior Center. (Commissioner Harris) Commissioner Harris Commission with the CAA, Senior Center. Commissioner to attend due to previous meeting last month and that CITY COMMISSION MINUTES May 4, 2010 announced the Joint Meeting of the Monday, May 17 at 6:00 p.m. at the Beasley said that he will not be able engagement, but that he attended the he will follow up on it. P1 llaTt! 1 By consensus from the Commission, the rest of the Commission 2 Reports items were deferred until later in the meeting. 3 4 5 UNFINISHED BUSINESS 6 7 8 RESOLUTION (S) 9 (Cont'd) 10 11 90 -10 -13124 12 7. A resolution of the Mayor and City Commission of the 13 City of South Miami, Florida, relating to the Pension 14 Ad Hoc Committee; providing for the extension of 15 membership. 3/5 16 (Vice Mayor Newman) 17 18 Moved by Commissioner Palmer, seconded by Mayor Stoddard to 19 approve this item. 20 21 With no further comments, the motion to approve this item 22 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 91 -10 -13125 31 8. A resolution of the Mayor and City Commission of the 32 City of South Miami, Florida directing the Planning and 33 Zoning Department and the Planning Board to consider an 34 ordinance revising Land Development Code Section 20- 35 3.1(E) entitled "Business Outside a Building" in order 36 to clarify the current regulation by establishing 37 specific limitations on type and extent of conducting 38 business outside of a building and a process for 39 obtaining both permanent and temporary permits; and 40 providing for an effective date. 3/5 41 (Acting City Manager) 42 43 Moved by Commissioner Palmer, seconded by Vice Mayor Beasley 44 to approve this item. 45 CITY COMMISSION MINUTES 10 May 4, 2010 1 2 3 4 5 6 7 8 9 10 l 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 Mr. Feingoid recommended have a policy, and before we Planning Board. PT suspending enforcement until we start giving directions to the Moved by Commissioner Beasley to table this item. Seconded by Mayor Stoddard. Commissioner Harris said that the fines against Mack Cycle should be suspended. Mr. Youkilis said for clarification that the purpose of this resolution is just to refer this issue to the Planning Board; he said that staff was planning to work with the Planning Board in rewriting the ordinance and bringing it back to the Commission. The change is needed because the current language in the Code prohibits having anything outside. After hearing the clarification from staff, the motion to table failed by a 0 -5 voter Commissioner Palmer: Nay Vice Mayor Newman: Nay Commissioner Beasley: Nay Commissioner Harris: Nay Mayor Stoddard: Nay 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 Moved by Mayor Stoddard, seconded by Commissioner Harris and Palmer, the motion to nullify the fine against Mack Cycle passed by a 5 -0 vote: CITY COMMISSION MINUTES May 4, 2010 Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea 11 I 3 11 -10 -2036 4 9. An ordinance of the Mayor and City Commission of the 5 City of South Miami, Florida, amending Article VI, 6 Purchasing, of Chapter 2 of the City Code, to provide 7 for and regulate Design -Build Contracts; providing for 8 conflicts, severability and an effective date. 3/5 9 (Mayor Stoddard) 10 11 Moved by Mayor Stoddard, seconded by Vice Mayor Beasley to 12 approve this item. 13 14 The public hearing was opened and closed with no speakers. 15 16 With some further comments, the motion to approve this item 1.7 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 12 -10 -2037 27 10. An ordinance of the Mayor and City Commission of the 28 City of South Miami, Florida, amending the South Miami 29 Code of Ordinances in order to remove existing Section 30 15 -100 entitled "Malicious defacement, marking of real 31 property" and creating a new Section 15 -100 entitled 32 "Graffiti and graffiti removal" which contains the 33 following sections; definitions; prohibited activity; 34 possession of spray paint and markers; anti - graffiti 35 trust fund; declaration of nuisance; responsibility of 36 property owners, graffiti removal and notice; appeals; 37 failure to comply, cost of removal, liens, 38 foreclosures; disputing assessed costs; providing for 39 severability; providing for ordinances in conflict; and 40 providing for an effective date. 3/5 41 (Acting City Manager) 42 43 Moved by Mayor Stoddard, seconded by Commissioner Palmer to 44 approve this item. 45 CITY COMMISSION MINUTES 12 May 4, 2010 PT 1 Commissioner Beasley said that he has some questions 2 regarding this ordinance and requested deferring it until June so 3 that he could have some further clarification from staff. 4 5 At this time the public hearing was opened. 6 7 Sharon McCain spoke against deferring this item, and 8 recommended including AT &T, FP &L and Waste Management which are 9 the main targets for the graffiti artists. 10 11 With no further speakers the public hearing was closed. 12 13 Commissioner Palmer said that she thinks that it is a little 14 too drastic to put a lien on a property because of graffiti, 15 particularly during these difficult economic times. 16 17 With some 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 ORDINANCE (S) FIRST READING 28 29 11. An ordinance of the Mayor and City Commission of the 30 City of South Miami, Florida, related to the Code of 31 Ordinances, amending Section 2.26.12 (a) and (c) 32 entitled "Green Task Force," in order to amend the 33 membership composition of the Task Force; providing for 34 severability, ordinances in conflict; and providing an 35 effective date. 3/5 36 (Mayor Stoddard) 37 38 Moved by Mayor Stoddard, seconded by Commissioner Harris to 39 approve this item. 40 41 With no further comments, the motion to approve this item 42 passed by a 5 -0 vote: 43 44 Commissioner Palmer: Yea 45 Vice Mayor Newman: Yea 46 Commissioner Beasley: Yea CITY COMMISSION MINUTES 13 May 4, 2010 llaTt! 1 Commissioner Harris: Yea 2 Mayor Stoddard: Yea 3 4 5 END OF UNFINISHED BUSINESS 6 7 RESOLUTION (S) 8 (ConVd) 9 10 92 -10 -13126 11 12. A Resolution of the Mayor and City Commission of the 12 City of South Miami, Florida, accepting the 13 recommendation of the City's Audit Committee to conduct 14 an audit to determine whether forfeiture funds have 15 been properly received, accounted for and used by the 16 City for their designated statutory purposes; and 17 providing an effective date. 18 (Mayor Stoddard) 19 Moved by Commissioner Beasley, seconded by Mayor Stoddard to 20 approve this item. 21 22 With some further comments, the motion to approve this item 23 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 93 -10 -13127 33 13. A resolution of the Mayor and City Commission of the 34 City of South Miami, Florida, relating to boards and 35 committees; appointing Denise Covington to serve on 36 the South Miami Community Redevelopment Agency (SMCRA) 37 Board for a two -year term ending May 3, 2012; and 38 providing an effective date. 39 (Commissioner Harris) 4' 0 41 Moved by Commissioner Beasley, seconded by Commissioner 42 Palmer to approve this item. 43 CITY COMMISSION MINUTES 14 May 4, 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 With some further comments, the motion to passed by a 5 -0 vote: Commissioner Palmer: Vice Mayor Newman: Commissioner Beasley Commissioner Harris: Mayor Stoddard: PT approve this item Yea Yea Yea Yea Yea Items no. 17 and 21 on the agenda were moved out of order (now items no. 14 and 15) 94 -10 -13128 14. A resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Acting City Manager to issue a work order to Fireworks Displays Unlimited, LLC. for the annual 4u' of July fireworks display. The, display will not exceed the amount of $8,900.00 which will be charged to account number 001 -2000- 572 -4820 (4ch of July Parks and Recreation); providing for an effective date. 3/5 (Acting City Manager) Moved by Mayor Stoddard, seconded by Commissioner Palmer to approve this item. Mayor Stoddard said that he has asked the Mayors of Pinecrest and Coral Gables about helping us with the event; he said that Pinecrest has already agreed to do it with the communities of the South but that they will consider us for the following year; and, he has not gotten a definitive answer from the Mayor of Coral Gables yet. With some 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 Moved by Vice Mayor Newman to extend the meeting to 11:30 p.m. Seconded by Commissioner Beasley the motion passed by a 5 -0 vote: Commissioner Palmer: Yea CITY COMMISSION MINUTES 15 May 4, 2010 1 2 3 4 5 6 7 ORDINANCE (S) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2_4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea c ► . : I �_1'c71: CIE =jl (font °d) 13 -10 -2038 15. 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 $183,360.00 $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 $5,�- 487 .700 $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. At this time the public hearing was opened and closed with no speakers. With some 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 At this time items no. 11 and 12 were withdrawn (now nos. 17 and 18). CITY COMMISSION MINUTES May 4, 2010 1 (BEGINNING OF CONSENT) 2 3 95 -10 -13129 4 16. A resolution of the Mayor and City Commission of the 5 City of South Miami, Florida, relating to boards and 6 committees; re- appointing Officer Paul Rodriguez to 7 serve on the Board of Trustees /Police Officers 8 Retirement Trust Fund for a two -year term ending May 3, 9 2012; and providing an effective date. 3/5 10 (City Commission) 11 12 (This item was withdrawn by a 5 -0 vote) 13 17. A resolution of the Mayor and City Commission of the 14 City of South Miami, Florida, relating to boards and 15 committees; re- appointing Doug Baker, to serve on the 16 Pension Board for a two -year term ending May 3, 2012; 17 and providing an effective date. 3/5 18 (City Commission) 19 20 (This item was withdrawn by a 5 -0 vote) 21 18. A resolution of the Mayor and City Commission of the 22 City of South Miami, Florida, relating to boards and 23 committees; re- appointing Rita Torres to serve on the 24 Pension Board for a two -year term ending May 3, 2012; 25 and providing an effective date. 3/5 26 (City Commission) 27 28 96 -10 -13130 29 19. A resolution of the Mayor and City Commission of the 30 City of South Miami, Florida, relating to boards and 31 committees; appointing Suzanne Koptur to serve on the 32 Citizens Advisory Group (Urban Landscape) for a two - 33 year term ending May 3, 2012; and providing an 34 effective date. 3/5 35 (Commissioner Palmer) 36 37 97 -10 -13131 38 20. A resolution of the Mayor and City Commission of the 39 City of South Miami, Florida, relating to boards and 40 committees; appointing Scott Zona to serve on the 41 Citizens Advisory Group (Urban Landscape) for a two - 42 year term ending May 3, 2012; and providing an 43 effective date. 3/5 44 (Mayor Stoddard) 45 CITY COMMISSION MINUTES 17 May 4, 2010 1 98 -10 -13132 2 21. A resolution of the Mayor and City Commission of the 3 City of South Miami, Florida, relating to boards and 4 committees; appointing Luis J. Gil to serve on the 5 Green Task Force for a two -year term ending May 3, 6 2012; and providing an effective date. 3/5 7 (Commissioner Harris) 8 9 99 -10 -13133 10 22. A resolution of the Mayor and City Commission of the 11 City of South Miami, Florida, relating to boards and 12 committees; re- appointing Manuel A. Figueroa to serve 13 on the Board of Trustees /Police Officers Retirement 14 Trust Fund for a two -year term ending May 3, 2012; and 15 providing an effective date. 3/5 16 (City Commission) 17 18 100 -10 -13134 19 23. A resolution of the Mayor and City Commission of the 20 City of South Miami, Florida concerning an application 21 pursuant to Land Development Code Section 20- 4.3(N) to 22 permit the installation of a banner over Sunset Drive 23 to promote a Twilight 5K Run /Walk Race to benefit the 24 South Miami Police Explorers and the After School 25 House Program to be held June 6, 2010; providing for an 26 effective date. 3/5 27 (Acting City Manager) 28 29 Moved by Commissioner Beasley, seconded by Vice Mayor 30 Newman, the motion to approve the Consent Agenda passed by a 5 -0 31 vote: 32 33 Commissioner Palmer: Yea 34 Vice Mayor Newman: Yea 35 Commissioner Beasley: Yea 36 Commissioner Harris: Yea 37 Mayor Stoddard: Yea 38 rc• 40 OF • I 41 42 43 CITY COMMISSION MINUTES 18 May 4, 2010 ffaTt! 1 RESOLUTION (S) 2 (Cont °d) 3 4 24. A resolution of the Mayor and City Commission of the 5 City of South Miami, Florida, relating to boards and 6 committees; re- appointing Peter Isern to serve on the 7 Pension Board for a two -year term ending April 18, 8 2012; and providing an effective date. 3/5 9 (Committee of the Whole) 10 11 Moved by Mayor Stoddard, seconded by Commissioner Beasley to 12 approve this item. 13 14 With no further comments, the motion to approve this item 15 failed by a 0 -5 vote: 16 17 Commissioner Palmer: Nay 18 Vice Mayor Newman: Nay 19 Commissioner Beasley: Nay 20 Commissioner Harris: Nay 21 Mayor Stoddard: Nay 22 23 24 101 -10 -13135 25 25. A Resolution of the Mayor and City Commission of the 26 City of South Miami, Florida, accepting the 27 recommendation of the City's Audit Committee to conduct 28 a complete audit of the books and records of Mark 29 Richman Properties, Inc. in connection with its 30 operation of the parking garage which is the subject of 31 a March 11, 2005 Lease Agreement between the City of 32 South Miami and Mark Richman Properties, Inc.; and 33 providing an effective date. 3/5 34 (City Attorney) 35 36 Moved by Commissioner Beasley, seconded by Commissioner 37 Palmer to approve this item. 38 39 With no further comments, the motion to approve this item 40 passed by a 5 -0 vote: 41 42 Commissioner Palmer: Yea 43 Vice Mayor Newman: Yea 44 Commissioner Beasley: Yea CITY COMMISSION MINUTES 19 May 4, 2010 ffaTt 1 Commissioner Harris: Yea 2 Mayor Stoddard: Yea 3 4 5 6 RESOLUTION (S) PUBLIC HEARING (S) 7 8 102 -10 -13136 9 26. A resolution of the Mayor and City Commission of the 10 City of South Miami, Florida, authorizing the Acting 11 City Manager to execute a service contract with Arco 12 Electronics, Inc. for three consecutive years for Fire 13 Alarms Maintenance and Monitoring at the Gibson- Bethel 14 Community Center, City Hall and Police Department in 15 the amount of $6,360.00 per year to be charged to 16 Public Works Contractual Services Account Number 001- 17 1710- 519 -3450; providing for an effective date. 3/5 18 (Acting City Manager) 19 20 Moved by Commissioner Beasley, seconded by Mayor Stoddard to 21 approve this item. 22 23 The public hearing was opened and closed with no speakers. 24 25 With no further comments, the motion to approve this item 26 passed by a 5 -0 vote: 27 28 Commissioner Palmer: Nay 29 Vice Mayor Newman: Nay 30 Commissioner Beasley: Nay 31 Commissioner Harris: Nay 32 Mayor Stoddard: Nay 33 34 35 Commission Reports, Discussion & Remarks (25 minutes) 36 37 Letter from Richard Kuper, Esq., Executive Director of 38 Miami -Dade County League of Cities. 39 (Mayor Stoddard) 40 41 Report on a International Council for Local Environmental 42 Initiatives (ICLEI) Conference and related action items. 43 (Mayor Stoddard) 44 CITY COMMISSION MINUTES 20 May 4, 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 PT Mayor Stoddard said that he will be working on this and that he will be talking about this in the future. Boards and Committees Revised Form. (Commissioner Palmer) Mr. Feingold asked the Commission to direct the City Clerk to eliminate question no. 12 from the Boards and Committees application form asking the ethnic origin of individuals. Mayor Stoddard recommended moving the name of the boards to the top. All other changes were accepted by the Commission as presented. Commissioner Palmer then spoke in support of Chief_ Richardson. Report from the Mayor, Vice Mayor and Commissioners who attended Dade Days in Tallahassee. Mayor Stoddard, Vice Mayor Newman, Commissioners Beasley and Harris briefly spoke about their individual experience during their trip to Tallahassee. Also resident John Edward Smith who accompanied the Commission to Tallahassee shared his own experience. Report regarding FPL Underground Transmission Lines. (Mayor Stoddard) There being no further business to come before this Body, the meeting adjourned at 12:11 p.m. Attest Approved Maria M. Menendez City Clerk CITY COMMISSION MINUTES May 4, 2010 21 Philip K. Stoddard Mayor