1b1 City of South Miami
2 Regular City Commission Minutes
3 May 18, 2010
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The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, May 18, 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 and Walter A. Harris. Commissioner
Brian D. Beasley was absent.
Also in attendance were: City Attorney Laurence Feingold,
City Clerk Maria M. Menendez and Acting City Manager Buford R.
Witt.
B. Moment of Silence: By Mayor Stoddard.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Police Officer(s) of the Month for February and March 2010
For the month of February 2010:
Detective Michael Vargas, Officer Junior Vigil, and Officer
Armando Perez who was unable to attend.
For the month of March 2010:
Detective Lisa King
Public Works Week - Proclamation
At this time Assistant Public Works Director Rudy de la
Torre addressed the Commission about the National Public Works
Week, May 16 -27, 2010 and a proclamation was presented by Mayor
Stoddard.
CITY COMMISSION MINUTES
May 18, 2010
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PTEN
1 With no further presentations this section was closed.
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• 1140101 1, 1 '1 1 E-71=6 l l L' M 101 qTV7 •
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6 1. Approval of Minutes
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8 Minutes of May 4, 2010
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10 Moved by Commissioner Palmer, seconded by Mayor Stoddard,
11 the motion to approve the minutes of May 4, 2010 as amended
12 passed by 4 ayes and 0 nays.
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14 2. City Manager's Report (25 minutes)
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1.6 • Presentation of Finance Director, Alfredo Riverol
17 • Presentation of Public Works Director, Fritz
18 Armand
19 • Completed Introductory meetings with employees:
20 i. Directors, Public Works, Police, Parks &
21 Recreation, City Hall Staff, Part Time
22 employees;
23 ii. Visited all facilities and parks
24 • Initiated panels for HR and Parks Directors
25 • Project Updates:
26 i. Traffic Calming - Pinecrest Villas: 3 June
27 workshop;
28 ii. Larkin Hospital Easement - Plan submitted
29 to Miami -Dade County;
30 iii. SW 66th St. Improvements Ph II - Design 60%
31 complete;
32 iv. South Miami Metro Pedestrian Crossing -
33 Overpass crossing deemed ineligible for
34 grant funds - At -Grade crossing now in
35 planning. Exploring other funding sources
36 • Municipal Charter County Sur -Tax:
37 i. Accommodating Cutler Bay, Doral, Miami
38 Gardens becoming contentious - Lawsuit
39 possibilities
40 • Murray Park Swimming Pool:
41 i. $180,000 expended on design;
42 ii.New Design -Build plan being started
43 • YMCA:
44 i. Pool being filled beginning May 20th;
45 • Municipal Garage
46 i. Bond counsel being hired by Attorney;
CITY COMMISSION MINUTES 2
May 18, 2010
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ii. Lease and loan documents provided to
Attorney and under review;
• Investigation:
i. Commission approved inquiry as of January
lst;
ii. Scope: Incidents in HR, Parks and
Recreation, Police and MIS;
Allegations of sexual harassment, sexual
battery, misappropriation of equipment,
falsification of documents, employee
misconduct;
iii. Investigation is very near completion,
final meeting held today.
Commissioner Palmer requested that the City Manager's Report
be included with the agenda.
With no further comments the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
• Mr. Feingold explained that some of the suits against
the City are covered by the Municipal Insurance Trust;
he said that he discovered the existing policy which
was underutilized and that he does not know the reason
why;
• Vice Mayor Newman said that she specifically asked the
former City Attorney if we had such a policy and that
she was told that we did not; she also asked whether
some attorneys fees paid in the past could have been
covered by this policy —Mr. Feingold said yes;
• Mr. Feingold spoke about the importance of having a
bond counsel on board for the Municipal Parking Garage.
He specifically referred to the law firm of Squire
Sanders specializing in bond work; he said that he is
anticipating an hourly rate as we request services.
• At this time information was distributed to the
Commission about the law firm of Squire Sanders and the
Mayor called for a 10- minute recess to allow the
Commission to review the information.
• As the meeting reconvened, Mr. Feingold offered to pay
the fee to the bond counsel until June Vt out of his
pocket; after June 1'st the Commission could make a
determination as to whether or not the bond counsel
should continue. The offer made by Mr. Feingold was
accepted by the Commission.
CITY COMMISSION MINUTES
May 18, 2010
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2 With no further comments the City Attorney's Report ended.
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5 PUBLIC REMARKS
6 (5 minutes)
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8 David Tucker Sr. addressed the Commission about the history
9 of the Constitution of the United States.
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11 Yvonne Beckman spoke in favor of the item on the agenda
12 repealing the Code of Conduct. She then sang happy birthday to
13 Commissioner Harris.
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15 Emma Jones addressed the Commission with concern about the
16 Police Chief, asking why he has not been reinstated to his
17 position.
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19 Reverend Gay announced a town hall meeting at St. John's
20 Church on June 17 from 6 -8:00 p.m. The meeting will be about
21 child support, landlord tenant relations, domestic violence, and
22 mortgage foreclosure. He will be having different speakers on the
23 subject. He also urged to bring the Police Chief back. He spoke
24 about the need of funding for the Wounded Healers and that he is
25 starting a GED program.
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27 Antoinette Fischer spoke about the noise ordinance, urging
28 the Commission to revisit and update it, particularly regarding
29 such equipment as industrial pressure cleaners making too much
30 noise and becoming a nuisance.
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32 Sarah Tompkins addressed the Commission demanding equal
33 respect towards all of the audience. Mayor Stoddard said that he
34 did not mean to show disrespect and he asked for her to accept
35 his apology. She then said that the community will continue to
36 speak in support of Police Chief Richardson and she demanded an
37 explanation for having suspended him.
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39 Levy Kelly referred to the swimming pool project, saying
40 that he expects for the project to continue moving forward. He
41 then echoed the prior speaker's concern regarding Police chief
42 Richardson.
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44 Sharon McCain urged the Commission to hold on hires until a
45 permanent city manager is in place. She spoke about the swimming
46 pool, saying that the pool should be for everybody in the City.
47 She then spoke in favor of the item on the agenda repealing the
48 Code of Conduct.
CITY COMMISSION MINUTES 4
May 18, 2010
11aTt
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2 Dick Ward concurred with the prior speaker's view about
3 waiting for a permanent city manager to take care of hiring new
4 personnel. He then urged the Commission to revisit the Code of
5 Conduct ordinance instead of repealing it.
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7 Beth Schwartz spoke in support of repealing the Code of
8 Conduct. She then showed what she referred to as a circulating
9 "hate flyer" showing former employees of the City.
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11 Edward Stieglitz President of L.E.E.D Depot, addressed the
12 Commission inviting everyone to Chamber South to see all the good
13 things that his company has done with that building. He said that
14 there is a lot of ways to apply for funds regarding green
15 initiatives. He recommended looking into DSIRE.org.
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17 Lachelle spoke in support of Police Chief Richardson. She
18 said that he is anxious and ready to come back to work. She also
19 said that he deserves an explanation as to why he has been
20 suspended from his duties.
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22 Donna Shelley, a member of the Commission for Women,
23 announced the first annual Mother - Daughter High Tea on May 22nd
24 from 3 -5:00 p.m. at the Gibson - Bethel Community _Center. Tickets
25 are $7 and the proceeds will go for a scholarship for a young
26 woman who is currently in college.
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28 With no further speakers the public remarks section was
29 closed.
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31 At this time the Mayor announced a seven - minute break.
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34 3. Commission Reports, Discussion & Remarks (25 minutes)
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36 • Mayor Stoddard said that he recently had a meeting with
37 staff from the Department of Transportation from both
38 the State and the County at Commissioner Gimenez's
39 office; they discussed SW 80th Street and the speeding
40 issues on that street and there being no place to walk
41 or to ride a bicycle, so they will be looking into the
42 possibility of installing a sidewalk along there in an
43 effort to make the area safer;
44 • Mayor Stoddard said that several months ago the
45 Commission requested a salary survey from the former
46 Acting City Manager but it was never delivered;
CITY COMMISSION MINUTES 5
May 18, 2010
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Tla fft!
• Mayor Stoddard announced his trip to Washington DC on
Thursday in order to meet with government officials
concerning the City's interests;
• Commissioner Harris addressed Ms. Fischer's concerns
about noisy equipment by referring to the section in
the Code of Ordinances addressing that issue, urging
anyone with this concern to contact Code Enforcement;
• Commissioner Harris said that he visited Fuchs Park
today and met with a resident who lives adjacent to the
Park who suggested that we install a light inside the
shelter; he also announced that we now have a battery
collection center set up at City Hall and at the
Community Center;
• Vice Mayor Newman spoke about the preparations for the
4th of July Celebration; she said that we are running
out of time and that there are two alternatives: one
would be having a fireworks display for which we have
money in the budget; or, it is going to cost about
$30,000 to do the same as what we did last year;
• Commissioner Palmer addressed the issue of Somerset
Academy; she has learned that the place where the
charter school is located impacts the fund that the
charter school gets; she said that the school is within
our midst and they choose to ignore us in every sense
of the word; she urged the Commission to look into all
the issues concerning Somerset.
With no further comments, this section was closed.
At this time items no. 10, 11 and 12 were pulled from the
agenda.
(BEGINNING OF CONSENT)
105 -10 -13139
5. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to authorization
of the Finance Director as signatory in city bank
accounts; and providing for an effective date. 3/5
(Acting City Manager)
106 -10 -13140
6. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to authorization
CITY COMMISSION MINUTES
May 18, 2010
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of the Acting City Manager as signatory in city bank
accounts; providing for an effective date. 3/5
(Acting City Manager)
107 -10 -13141
7. An resolution of the Mayor and City Commission of the
City of South Miami, Florida, rescheduling the City
Commission meeting of Tuesday, June 1, 2010 to
Wednesday, June 2, 2010; and providing an effective
date. 3/5
(Mayor Stoddard)
108 -10 -13142
8. An resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Debra DeMarco to the Citizens
Advisory Group (Urban Landscape) for a period of two
years ending 5/17/12; and providing an effective date.
(Commissioner Beasley) 3/5
109 -10 -13143
9. An resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Martha Kent to the Citizens
Advisory Group (Urban Landscape) for a period of two
years ending May 17, 2012; and providing an effective
date. 3/5
(Vice Mayor Newman)
Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
motion to approve the Consent Agenda passed by a 4 -0 vote:
CITY COMMISSION MINUTES
May 18, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Absent
Commissioner Harris: Yea
Mayor Stoddard: Yea
(END OF CONSENT)
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1 RESOLUTION (S)
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3 10. A resolution of the Mayor and City Commission of the
4 City of South Miami, Florida, relating to boards and
5 committees; re- appointing Rodney L. Williams, to serve
6 on the South Miami Community Redevelopment Agency
7 (SMCRA) Board for a two -year term ending May 17, 2012;
8 and providing an effective date. 3/5
9 (Commissioner Palmer)
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11 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
1.2 approve this item.
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14 Mayor Stoddard said that Board Member Williams has been late
15 for fifty percent of the meetings and that he would like to find
16 someone who could be more punctual. In addition, he said that
17 Williams has interrupted him and also has challenged his
18 authority at a meeting and that is not acceptable.
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20 Commissioner Palmer said that Williams has been an asset to
21 the community and that he lives within the CPA area which is one
22 of the criteria to serve on the Board.
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24 Commissioner Harris said that Williams is intelligent and
25 articulate.
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27 Vice Mayor Newman concurred with the Mayor. She said that if
28 they are going to improve the conduct of the meetings that they
29 need to hold accountable the people who serve on the boards.
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31 Moved by Commissioner Palmer, seconded by Mayor Stoddard,
32 the motion to defer this item passed by a 4 -0 vote:
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34 Commissioner Palmer: Yea
35 Vice Mayor Newman: Yea
36 Commissioner Beasley: Absent
37 Commissioner Harris: Yea
38 Mayor Stoddard: Yea
39
40 110 -10 -13144
41 11. A resolution of the Mayor and City Commission of the
42 City of South Miami, Florida, relating to boards and
43 committees; appointing Alfredo Riverol, to serve on
44 the Pension Board for a two -year term ending May 17,
45 2012; and providing an effective date. 3/5
46 (City Commission)
CITY COMMISSION MINUTES 8
May 18, 2010
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Moved by Mayor Stoddard, seconded by Commissioner Palmer to
approve this item.
Commissioner Palmer had a question as to why this item was
not sponsored by an individual member of the Commission. She also
had a concern about having a member of staff on that board. Mayor
Stoddard said that it is important having someone on the board
with a good financial background.
Vice Mayor Newman referred to the new rules for
clarification, saying that on a seven - member board, after each
Commissioner has sponsored one member, then the remaining two are
sponsored by the entire Commission.
Mr. Witt said that Mr. Riverol is his nominee basically
because our pension needs help and he is a person with the right
background.
With some further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Absent
Commissioner Harris: Yea
Mayor Stoddard: Yea
111 -10 -13145
12. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Daniel Montana to serve on
the pension board for a two -year term ending May 17,
2012; and providing an effective date. 3/5
(City Commission)
Moved by Mayor Stoddard, seconded by Commissioner Palmer to
approve this item.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
May 18, 2010
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
wo
Yea
Yea
Absent
Yea
Yea
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112 -10 -13146
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, supporting Florida Senate
Bill 2362 which provides for the placement of and
access to transmission lines that are adjacent to and
within the right -of -way of any public road controlled
by the Florida Department of Transportation; and
providing for an effective date. 3/5
(Mayor Stoddard)
Moved by Mayor Stoddard, seconded by Vice Mayor Newman 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: Absent
Commissioner Harris: Yea
Mayor Stoddard: Yea'
14. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, removing Kenneth Harms as
an investigator for the city attorney to conduct
investigations of City employees or the City in
general; and providing an effective date. 3/5
(Commissioner Palmer)
Moved by Commissioner Palmer to approve this item.
The motion to approve this item failed for lack of a
second.
113 -10 -13147
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to issue a Purchase Order to T.Y. Lin
International /HJ Ross to provide design engineering and
construction documents for the construction of two ARRA
funded bus shelters at Sunset Drive & 67 Avenue and
Sunset Drive east of SW 61 Avenue, in the amount of
$9,800 to be charged to Public Works Professional
Services Account Number 001 - 1790 -519 -3100; providing
CITY COMMISSION MINUTES
May 18, 2010
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Tla fft!
1 for an effective date. 3/5
2 (Acting City Manager)
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4 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
5 approve this item.
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7 With no further comments, the motion to approve this item
8 passed by a 4 -0 vote:
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10 Commissioner Palmer: Yea
11 Vice Mayor Newman: Yea
12 Commissioner Beasley: Absent
13 Commissioner Harris: Yea
14 Mayor Stoddard: Yea
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14 -10 -2039
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16. An ordinance of the Mayor and City Commission of the
21
City of South Miami, Florida, related to the Code of
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Ordinances, amending Section 2.26.12
(a) and (c)
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entitled "Green Task Force," in order
to amend the
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membership composition of the Task Force;
providing for
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severability, ordinances in conflict; and providing an
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effective date.
3/5
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(Mayor Stoddard)
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Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
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approve this item.
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The public hearing was opened and closed
with no speakers.
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With no further comments, the motion to
approve this item
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passed by a 4 -0 vote:
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Commissioner Palmer:
Yea
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Vice Mayor Newman:
Yea
39
Commissioner Beasley:
Absent
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Commissioner Harris:
Yea
41
Mayor Stoddard:
Yea
42
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44 RESOLUTION (S) PUBLIC HEARING (S)
45 (NONE)
CITY COMMISSION MINUTES 1 1
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ORDINANCE (S) FIRST READING
17. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to Chapter 8A of
the City Code, repealing Section 8A -2.1 of the Code of
Ordinances entitled "Code of Conduct for all Public
Officials and Board Members "; providing for
severability, ordinances in conflict, and an effective
date. 3/5
(Vice Mayor Newman)
Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
approve this item.
Vice Mayor Newman explained
affect the standards of the code
was particularly disturbed at the
the past as a political tool. She
for being the only member of the
ordinance at the time that it was
that this ordinance does not
of ethics. She said that she
way this ordinance was used in
commended Commissioner Palmer
Commission voting against this
introduced in 2007.
Mr. Feingold said that we will still be bound by all the
codes of ethics, and by all the numerous restrictions and
fiduciary reporting requirements. He added that it is long
overdue that this ordinance provisions be stricken from our
code.
Mayor Stoddard said that many times he did not choose to
apply some of the provisions on this ordinance because he
believed that there are better ways to bring about civility,
other than using legal force.
Commissioner Palmer said that she is also against this
ordinance; however, she feels that no board member should come
to the Commission meeting criticizing decisions made by members
of that board.
With some further comments, the motion to approve this item
passed by a 4 -0 vote:
CITY COMMISSION MINUTES
May 18, 2010
Commissioner Palmer:
Yea
Vice Mayor Newman:
Yea
Commissioner Beasley:
Absent
Commissioner Harris:
Yea
Mayor Stoddard:
Yea
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IRDINANCE (S) FIRST READING PUBLIC HEARING (S)
•
There being no further business to come before this Body,
the meeting adjourned at 10:37 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
May 18, 2010
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Approved
Philip K. Stoddard
Mayor