1bM1
1 City of South Miami
2 Regular City Commission Minutes
3 June 8, 2010
4
5 CALL TO ORDEM
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, June 8, 2010, beginning at 7:20
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 Planning and Zoning Director
19 Thomas Vageline. Acting City Manager Buford R. Witt was absent.
20
21 B. Moment of Silence: By Mayor Stoddard.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27
28 SW 66 Street Phase II Design by EAC Consulting, Inc.
29
30 Mr. Vageline introduced Gregory Menendez of EAC Consulting
31 who conducted a presentation to the Commission about the status
32 of this project. The project is now at 60% completion; they will
33 continue to work on the project until it is finilized and it will
34 be brought back for final review.
35
36 Green Task Force "Green Master Plan"
37
38 Grey Read, Chair of the Green Task Force conducted a
39 presentation of the Green Plan and asked for the support of the
40 Commission. the Green Plan is a development on the carbon - neutral
41 ordinance and work plan that was adopted by the Commission in
42 2009.
43
44 After the presentation, Mayor Stoddard spoke about the
45 importance of hiring a person whose only job would be to advance
46 sustainability measures, as many other cities have done. That
CITY COMMISSION MINUTES 1
June 8, 2010
1 person can be directly under the manager, but it has also been
2 done through Public Works.
3
4
With some further comments this section was closed.
5
6
7
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
8
9
1. Approval of Minutes
10
11
Minutes of May 11, 2010
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13
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
14
the motion to approve the minutes of May 11, 2010 passed by a 5-
15
0 vote:
16
17
Commissioner Palmer:
Yea
18
Vice Mayor Newman:
Yea
19
Commissioner Beasley:
Yea
20
Commissioner Harris:
Yea
21
Mayor Stoddard:
Yea
22
23
Minutes of May 18, 2010
24
25
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
26
the motion to approve the minutes of May 18,
2010 as amended
27
passed by a 5 -0 vote:
28
29
Commissioner Palmer:
Yea
30
Vice Mayor Newman:
Yea
31
Commissioner Beasley:
Yea
32
Commissioner Harris:
Yea
33
Mayor Stoddard:
Yea
34
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36
2. City Manager's Report (25 minutes)
37
38
Project Updates:
39
40
Traffic Calming
41
1. Pinecrest Villas held a workshop on the
42
preliminary traffic calming
plan for the
43
neighborhood. Residents offered
suggestions during
44
the workshop. The consultant
will review the
45
suggestions for inclusion in the plan. A second
46
workshop will be scheduled with
the refined plan.
47
CITY COMMISSION MINUTES 2
June 8, 2010
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PT �
2. The plan for traffic calming on SW 70 Street
between SW 62 Avenue and SW 63 Avenue has been
reviewed by Miami -Dade County and comments
returned to the City for consideration. The
comments have been submitted to the applicant's
architect for changes to be made in the plan. The
plans will then be resubmitted to the County for
final approval.
Tree grates infringing upon the trunks of street trees.
The openings in the tree grates were reported to
be too small for the growing tree trunks. Upon
inspection of the tree grates, a number of openings
needed to be enlarged. This has been done by Public
Works to allow for the continued growth of the trees.
Lighting at
Fuch's Park
1.
The lighting recently installed at Fuch's
Park is electrical, powered by electricity
from FPL. The lighting is high efficiency,
low energy lighting.
2.
This week there was a report to the City that
the new lights were not working. Public Works
investigated and found the circuit breaker
was tripped. The breaker was reset and the
electrical contractor was called to the site
to be sure all is working properly. The
lights should be operating properly at this
time.
3.
The City is investigating the use of solar
powered lighting for any future applications
in the City Parks.
Noise coming from Larkins Hospital
There has been noise reported coming from the roof
top of this building along SW 62 Avenue.
Investigations of the noise have been renewed in an
effort to determine the source and have it stopped.
Part of the investigation into this matter includes a
review of the City Code regarding the decibel levels
considered to be acceptable in the City, to see if the
upper limits of the levels have been appropriately
established.
Vehicle Test site next to the Post Office
Preparation for an urban garden
City staff met with members of the Green Task
Force on -site to discuss changes that needed to be made
to provide for an urban garden at this site. The
CITY COMMISSION MINUTES
June 8, 2010
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following are items
preparation of the site
Soil testing
Removal of pavement
Installation of new
Determination of an
Restoration of the
An Action Plan will be
topics.
Bmq
to be considered for the
for an urban garden:
on the property
soil and mulch
appropriate water source
existing building on -site
forthcoming to address these
Comprehensive Planning
The Department of Community Affairs has found the
EAR Based Text Amendments recently adopted by the City
Commission to be approved. The City may then commence
amendments to the Comprehensive Plan in July.
There are several amendments that are under
consideration at this time:
1. The Evaluation and Appraisal Report of 2006
included the recommendation of 8 amendments to the
Future Land Use Map.
2. The State of Florida requires the City to adopt a
10 -Year Water Supply Facilities Work Plan.
3. The State also is requiring the City to adopt
strategies for the reduction of greenhouse gases
under House Bill 697.
4. The School Board requires that the City consider
amendments to the Public Education Facilities
Element of the Comprehensive Plan.
5. The Future Land Use Map amendments for the Madison
Square project.
Affordable Housing Committee
The Affordable Housing Committee recently met to
consider the best ways to use the funding provided by
Red Road Commons to assist with affordable housing
needs.
The preliminary recommendations of the committee
include the following:
Provide Grant funding for several areas of need:
1. Rehabilitation of existing housing in the
Community Redevelopment Area, used as a
matching grant if funding can be obtained
through the County.
2. Emergency or safety related repairs to
existing housing for serious code related
infractions.
3. Emergency shelter related needs for residents
experiencing foreclosure or other types of
CITY COMMISSION MINUTES
June 8, 2010
4
llaTt�
1 severe financial housing difficulty to assist
2 eligible residents in bringing their
3 mortgages current.
4
5 With no further comments the City Manager's Report ended.
6
7
8 3. City Attorney's Report (15 minutes)
9
10 Mr. Feingold referred to Mr. Andrews who is seeking
11 reimbursement for expenses incurred by being erroneously
12 arrested. He said that Mr. Andrews is only seeking compensation
13 for his out -of- pocket expenses. Mr. Feingold said that he would
14 like to send all the documentation to the League of Cities
15 Municipal Insurance Trust and see if we can get the money
16 reimbursed from that source.
17
18 Commissioner Palmer said that she opposes to this claim
19 because this will set a precedent and there will be no end to
20 this. If we do this for one person then we should do it for
21 everybody else who had a claim in the City.
22
23 Commissioner Harris said that if a person is falsely
24 arrested and incurs expenses, then the City is responsible and we
25 have insurance for this.
26
27 Mayor Stoddard said that a commitment was made by the former
28 Mayor and that he would honor that commitment and in this case he
29 will agree to advance this claim.
30
31 Vice Mayor Newman said that Mr. Andrews called to report
32 drugs and drug dealers on his street, he was hurt and had to seek
33 medical treatment; when he called the Police they arrested him
34 even though he had a witness in his truck saying that he was not
35 the aggressor. His ordeal with the case went on for two years. In
36 conclusion, she said that the City should pay Mr. Andrews' legal
37 fees.
38
39 Commissioner Beasley said that he understands both sides of
40 the story which are very challenging. However, he suggested
41 looking into other municipalities to see whether there are other
42 solutions and other ways of dealing with this that may not open a
43 Pandora's Box for us.
44
45 With some further comments, the motion to approve payment
46 to Mr. Andrews as recommended by the City Attorney passed by a
47 4 -1 vote:
48
CITY COMMISSION MINUTES 55
June 8, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
Nay
Yea
Yea
Yea
Yea
With no further comments the City Attorney's Report ended.
PUBLIC REMARKS
(5 minutes)
David Tucker Sr. addressed the Commission about the history
of the Constitution of the United States.
Yvonne Beckman urged the Commission to support the
appointment of Sharon McCain to the Budget and Finance Committee.
She then referred to the proposed community pool and other issues
of interest to the community. She spoke in support of items 11
and 12 on the agenda. She said that the intention of the
Affordable Housing Committee was to help people in need from all
parts of the City and not only for the CRA area.
Javier Banos spoke about the need for implementing traffic
calming at the end of the 62nd corridor near Bird Road so that
motorists slow down for the safety of the neighborhood. He
referred to the pension ordinance saying that every time that it
is amended an impact statement is issued which costs money to the
City.
Shirl Cornwall addressed the Commission about a domestic
violence case affecting him. Mr. Feingold said that this is not a
proper subject to come before the City Commission.
Court Norris addressed the Commission about traffic problems
in his neighborhood, recommending blocking off the east ends of
68th, 69th and 70th Streets west of 62nd Avenue as the only
possible solution to alleviate the traffic problems in the area.
Janet Launcelott said not to be in favor of conducting board
meetings over the Internet as recommended by the Green Task Force
Plan. She said that the add -on item relating to the Performance -
based Audit should go before the Budget and Finance Committee.
Sharon McCain referred to items 14 and 15 on the agenda,
recommending further research and urged the Commission to defer
them. She recommended installing 25 mph signs on SW 58th Avenue
CITY COMMISSION MINUTES
June 8, 2010
I
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1 going into downtown. She then said having some concern with item
2 no. 5 on the agenda, urging that the item be deferred until we
3 have the design for the pool.
4
5 Dean Whitman spoke about traffic calming. He said that stop
6 signs are less costly and much more effective than traffic
7 circles. Another thing that would help with the traffic problems
8 is by reducing the speed limits.
9
10 Beth Schwartz also spoke about traffic problems in her
11 neighborhood. She recommended having a divider at the beginning
12 of 62nd Avenue and 69th Street forcing motorists to make either a
13 right or a left turn so that they cannot go straight across 62nd
14 Avenue. She also thanked staff for taking a look at the noise
15 coming from Larkins Hospital.
16
17 Dick Ward requested that the most updated recommendations
18 for the pool be provided to the Parks and Recreation Board. Mayor
19 Stoddard said that the Public Works Director will have it
20 available soon. He said that the neighbors around Fuchs Park are
21 very happy with the lighting at the Park.
22
23 With no further speakers the public remarks section was
24 closed.
25
26 At this time the Mayor announced a 5- minute recess.
27
28
29 3. Commission Reports, Discussion & Remarks (25 minutes)
30
31 Commissioner Palmer:
32
33 0 Expressed concern with the fact that lately when
34 she has placed an item on the agenda it has been
35 killed. She pointed out that she has worked with
36 different elected officials on the dais for the
37 past six years and this had never happened to her
38 until now.
39
40 At this time Mayor Stoddard postponed the rest of the
41 remarks on this section to the end of the agenda.
42
43 Moved by mayor Stoddard, seconded by Commissioner Palmer,
44 the motion to add three add -on items to the agenda passed by a
45 5 -0 vote:
46
47 Commissioner Palmer: Yea
48 Vice Mayor Newman: Yea
CITY COMMISSION MINUTES 7
June B, 2010
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Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
MT
Yea
Yea
Yea
At this time item no. 5 was pulled from the Consent Agenda
(now item no. 10)
(BEGINNING OF (CONSENT)
122 -10 -13156
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20- 4.3(n) to
permit the installation of a banner over Sunset Drive
to promote the City of South Miami July 4 Celebration
to be held at Palmer Park on July 4, 2010; and
providing for an effective date. 3/5
(Acting City Manager)
123 -10 -13157
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20- 4.3(N)
to permit the installation of a banner over Sunset
Drive to promote the 18th Annual Fairchild Tropical
Garden Mango Festival a fund raising event to be held
at the Gardens July 10 -11, 2010; providing for an
effective date. 3/5
(Acting City Manager)
124 -10 -13158
7. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Jason Lopez to serve on the
Citizens Advisory Group (Urban Landscape) for a two -
year term ending June 7, 2012; and providing an
effective date. 3/5
(Commissioner Harris)
125 -10 -13159
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Frank Cuzzocrea, a resident
of the City of South Miami, to serve on the Board of
Trustees /Police Officers Retirement Trust Fund for a
CITY COMMISSION MINUTES
June 8, 2010
E
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1 two -year term ending June 7, 2012; and providing an
2 effective date. 3/5
3 (City Commission)
4
5 126 -10 -13160
6 9. A Resolution of the Mayor and City Commission of the
7 City of South Miami, Florida, relating to boards and
8 committees; appointing Sharon McCain to serve on the
9 Budget and Finance Committee for a term ending
10 September 30, 2010; And providing an effective date.
11 (Mayor Stoddard) 3/5
12
13 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
14 the motion to approve the Consent Agenda passed by a 5 -0 vote:
15
1.6 Commissioner Palmer: Yea
17 Vice Mayor Newman: Yea
18 Commissioner Beasley: Yea
19 Commissioner Harris: Yea
20 Mayor Stoddard: Yea
21
22
23 (END OF CONSENT)
24
25
26 RESOLUTION (S)
27
28 127 -10 -13161
29 10. A Resolution of the Mayor and City Commission of the
30 City of South Miami, Florida, authorizing the Acting
31 City Manager to execute a contract agreement with
32 Miami -Dade County's Safe Neighborhood Parks Bond
33 Program for the Murray Park Pool and Risen Par!
34 impreuemen-ts in the amount of 2SO- 5 &:-08 $220,050.00;
35 and providing for an effective date. 3/5
36 (Acting City Manager)
37
38 Moved by Commissioner Beasley, seconded by Mayor Stoddard
39 to approve this item.
40
41 Vice Mayor Newman explained that the reason for pulling
42 this item from the Consent was that when the Commission
43 originally discussed this grant last year it was assumed that
44 there would be some other way to pay the matching portion of
CITY COMMISSION MINUTES 9
June 8, 2010
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PTEN
Dison Park. She requested clarification as to how the $60,000
are going to come out of the Public Works Department.
Finance Director Riverol said that he will be looking into
this but that he had no specific answer at this time.
Vice Mayor Newman moved to remove the portion of the Dison
Park from the resolution. Commissioner Palmer seconded the
motion.
At this time Commissioner Palmer offered a substitute
motion:
Moved by Commissioner Palmer to split this resolution into
two resolutions: one addressing the Murray Park Pool and another
resolution addressing the Dison Park. Seconded by Mayor
Stoddard.
With some further comments, the motion to approve this item
as amended with the portion of the Murray Park Pool passed by a
5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to execute a contract agreement with
Miami -Dade County's Safe Neighborhood Parks Bond
Program for the Dison Park Improvements in the amount
of $60,000.00; and providing for an effective date.
(Acting City Manager) 3/5
Moved by Vice Mayor Newman to defer this item until it is
clear as to where the $60,000.00 is coming from, seconded by
Commissioner Beasley, the motion passed by a 5 -0 vote:
CITY COMMISSION MINUTES
June 8, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
10
1 128 -10 -13162
2 12. Resolution of the Mayor and City Commission of the
3 City of South Miami, Florida, relating to
4 appropriations for the February 9, 2010 General and
5 Special Elections for the City of South Miami;
6 approving the total amount of $23,168.68 for election
7 costs; charging the election account no. 001- 1200 -512-
8 4920; and providing an effective date. 3/5
9 (Acting City Manager)
10
11 Moved by Commissioner Beasley, seconded by Commissioner
12 Palmer to approve this item.
13
14 With no further comments, the motion to approve this item
15 passed by a 5 -0 vote:
16
17 Commissioner Palmer: Yea
18 Vice Mayor Newman: Yea
19 Commissioner Beasley: Yea
20 Commissioner Harris: Yea
21 Mayor Stoddard: Yea
22
23
24 129 -10 -13163
25 13. A resolution of the Mayor and City Commission of the
26 City of South Miami, Florida, authorizing the City
27 Manager to issue a Purchase Order for a total amount of
28 $35,000 to Florida International University,
29 Metropolitan Center to conduct the Performance -based
30 Audit of all City Departments as per Article IV, Section
31 4F of the Charter, and providing an effective date. 3/5
32 (Acting City Manager)
33
34 Moved by Commissioner Palmer, seconded by Commissioner
35 Beasley to approve this item.
36
37 Commissioner Palmer said that she had a number of concerns
38 about this item. She said that there is no backup showing some
39 type of scope or benchmark with this item. In addition, she said
40 that it has been the practice of the City to go with an RFP or
41 RFQ to look for a firm.
42
43 Mr. Riverol explained that $150,000.00 was budgeted in 2008
44 for this and that it has been encumbered each year for this
45 project and that is where the money is coming from.
46
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PTEN
Vice Mayor Newman then referred to the Scope of Services
outlined on page 6 of the backup.
Commissioner Harris concurred with Commissioner Palmer
about the importance of going with an RFP or RFQ. He said that
there has been no real time for discussion on this.
Commissioner Beasley said that it would seem obvious that
this has been discussed in the past since money had been
allocated in the budget in 2008. He also pointed out that this
is needed in order to comply with our Charter.
Mr. Riverol said that the first thing he has done since he
started working for the City is look through the Comprehensive
Annual Financial Report (CAFR) which is produced every year.
There is a finding in the CAFR that has been there for multiple
years saying that the City has never complied with a
performance -based audit. He said that the intent is to meet the
Charter requirements and to incorporate some of the results that
come from the performance audit into the current budget. He said
that this is the reason why it was suddenly put on the agenda.
He also explained that Florida Statutes provides that when this
is done from government agency to government agency an RFP /RFQ
is not required.
With some further comments, the motion to approve this item
passed by a 3 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Recused
14. A Resolution of the
City of South Miami,
design -build firm to
construct a swimming
Community Center.
130 -10 -13164
Mayor and City Commission of the
Florida concerning the hiring of a
prepare a proposal to design and
pool facility at the Murray Park
3/5
(Acting City Manager)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES 12
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Yea
Yea
Yea
Yea
Yea
131 -10 -13165
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, pursuant to Chapter 8A of
the Code of Ordinances, authorizing the reimbursement
of legal fees to Commissioner Beasley; and providing an
effective date. 3/5
(Vice Mayor Newman)
Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
approve this item.
Vice Mayor Newman said that the complaints against
Commissioner Beasley were totally frivolous and unfounded. She
urged the Commission to support her by approving this resolution
and also directing the City Attorney to file a suit for the
recovery of these legal fees from the person who filed these
frivolous complaints.
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: Recused
Commissioner Harris: Yea
Mayor Stoddard: Yea
At this time Vice Mayor Newman asked the support of the
Commission to direct the City Attorney to look into the legality
of collecting the legal fees that were just approved from the
person who filed this frivolous complaint.
Mr. Feingold said that he will look into the possibility of
formulating some rules that will allow the City to recover any
legal fees paid by an elected official as the result of filed
complaints against him /her and that have been found with no
merit.
Commissioner Harris recommended bringing forward a
resolution to require that whenever a person files a complaint
against an elected official, he /she must appear in person at the
hearing.
CITY COMMISSION MINUTES
June 8, 2010
13
1
2 Vice Mayor Newman said that furthermore, we may need a
3 resolution stating the position of this Commission questioning
4 the authority and the procedures used by the Miami -Dade County
5 Ethics Commission. She also said that the Commission on Ethics
6 required for Commissioner Beasley to pay the $5,000 filing fee
7 even after dismissing the case, and this is unacceptable.
8
9 Mr. Feingold said that he is working on an amendment to the
10 lobbyist ordinance to provide that the City can act against
11 anyone that violates the lobbyist ordinance other than having to
12 rely on the Commission on Ethics.
13
14
15 132 -10 -13166
16 16. A Resolution of the Mayor and City Commission of the
17 City of South Miami, Florida, expressing its opposition
18 to offshore oil drilling in Florida waters as having an
19 adverse impact on Florida's environmental and economic
20 resources; directing the City Clerk to transmit a copy
21 of this resolution to various state and federal
22 officials; providing an effective date. 3/5
23 (Commissioner Harris)
24
25 Moved by Mayor Stoddard, seconded by Commissioner Harris to
26 approve this item.
27
28 Mayor Stoddard proposed an amendment to the resolution.
29
30 Moved by Mayor Stoddard to add to Section 1 of the
31 resolution: "...or the continental shelf off the Florida coast or
32 in the Gulf of Mexico off the Florida coast. Seconded by
33 Commissioner Palmer.
34
35 Vice Mayor Newman referred to the cleanup effort that is
36 going to take to clean the beaches and suggested that this could
37 be an opportunity for some local students that may be looking
38 for work during the summer.
39
40 Commissioner Palmer said that she had received information
41 through an email saying that in Louisiana they are paying $20 an
42 hour for the cleanup.
43
44 With some further comments, the motion to approve this item
45 as amended and as a whole passed by a 5 -0 vote:
46
47 Commissioner Palmer: Yea
48 Vice Mayor Newman: Yea
CITY COMMISSION MINUTES 14
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Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Psi ol 17 1. • 4
•
pnq
Yea
Yea
Yea
RESOLUTION (S) PUBLIC FEARING (S)
(NONE)
• r r:
17. 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 changing the zoning use
district from "NR" Neighborhood Retail Zoning Use
District to "SR" Specialty Retail Zoning Use District
for property located at 6800, 6820, and 6842 SW 62
Avenue; the purpose of the zone change is to allow
construction of a four story mixed use office building;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 5/5
(Acting City Manager)
Moved by Mayor Stoddard, seconded by Commissioner Palmer to
approve this item.
Moved by Vice Mayor Newman, seconded by Commissioner
Beasley the motion to approve this item, which will be back for
second reading 8 -03 -10 passed by a 5 -0 vote:
CITY COMMISSION MINUTES
June 8, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
15
2 At this time Mr. Vageline said that since there were some
3 comments made during the public remarks section about the
4 following two items, staff would recommend deferral in order to
5 allow them to look at the items a little more careful.
6
7
8 18. An Ordinance of the Mayor and City Commission of the
9 City of South Miami, Florida amending the South Miami
10 Code of Ordinances by adding Section 7 -17 entitled
11 "Type of Construction Required of All Principal
12 Buildings" and Section 7 -18 entitled "Staging of
13 construction and damage to public property, rights -of-
14 way, alleys or easements and trees and landscaping" to
15 Chapter 7 "Buildings" in order to list the types of
16 construction allowed and prevent damage to public
17 property; providing for severability; providing for
18 ordinances in conflict; and providing for an effective
19 date. 3/5
20 (Acting City Manager)
21
22 Moved by Commissioner Beasley, seconded by Mayor Stoddard
23 to approve this item.
24
25 Vice Mayor Newman also had some recommendation regarding
26 the language in the ordinance: Section 7 -18b needs strengthening
27 to provide that any future owner of the project, and /or any bank
28 that takes over the property need to be responsible for the
29 improvements as outlined within this section, and certainly not
30 the taxpayers; in addition, it should provide for remedies such
31 as liens to be incorporated in this section.
32
33 Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
34 motion to defer this item passed by a 5 -0 vote:
35
36 Commissioner Palmer: Yea
37 Vice Mayor Newman: Yea
38 Commissioner Beasley: Yea
39 Commissioner Harris: Yea
40 Mayor Stoddard: Yea
41
42
43 19. An Ordinance of the Mayor and City Commission of the
44 City of South Miami, Florida amending the South Miami
45 Code of Ordinances by amending Chapter 10a Floods
46 Article 2 Definitions "Manufactured home "; providing
CITY COMMISSION MINUTES 16
June 8, 2010
1
for severability; providing for ordinances in
conflict;
2
and providing for an effective date.
3/5
3
(Acting City Manager)
4
5
Moved by Commissioner Beasley, seconded by
Mayor Stoddard
6
and Commissioner Palmer to approve this item.
7
8
Mayor Stoddard asked for clarification
regarding the
9
definition of "manufactured home" as provided in the
ordinance.
10
11
Mr. Vageline explained that the definition
comes from the
12
Flood Ordinance which is recommended by FEMA
and that was
13
adopted earlier in the year. The home comes in
sections, is
1.4
built in a factory and driven to a site and then
assembled on a
15
permanent foundation.
16
17
Moved by Commissioner Beasley to extend the
meeting after
18
11:00 p.m. Seconded by Mayor Stoddard, the motion
passed by a 5-
19
0 vote:
20
21
Commissioner Palmer:
Yea
22
Vice Mayor Newman:
Yea
23
Commissioner Beasley:
Yea
24
Commissioner Harris:
Yea
25
Mayor Stoddard:
Yea
26
27
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
28
the motion to defer this item passed by a 5 -0 vote:
29
30
Commissioner Palmer:
Yea
31
Vice Mayor Newman:
Yea
32
Commissioner.Beasley:
Yea
33
Commissioner Harris:
Yea
34
Mayor Stoddard:
Yea
35
36
37
20. An Ordinance of the Mayor and City Commission of the
38
City of South Miami, Florida amending the City of South
39
Miami Police Officers Retirement Trust Fund,
providing
40
for compliance with Chapter 2009 -97, Laws of Florida;
41
providing for severability; ordinances in conflict,
and
42
an effective date.
3/5
43
(Acting City Manager)
44
45
Moved by Commissioner Beasley, seconded by
Mayor Stoddard
46
to approve this item.
47
CITY COMMISSION MINUTES 17
June 8, 2010
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BTgq
Mayor Stoddard explained that this item would be deferred
to allow the Finance Director to provide an actuarial impact
statement to the Commission.
With no further comments, the motion to defer this item
passed by a 5 -0 vote:
Commissioner Palmer_: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Commission Reports, Discussion & Remarks (Cont'd)
Commissioner Harris:
• The City should have the plastic bags designed to
collect after the dogs in parks and in other places
throughout the City.
• We need to find out the status of the roads in South
Miami; we need to have them under our jurisdiction and
take care of traffic calming ourselves. The Commissioner
expects a report back from Public Works on the status of
that request to the County.
Mayor Stoddard:
• Commented on nuclear reactor accidents and the
importance of the distribution of potassium iodide
tablets to local points such as the City Hall in South
Miami, South Miami Hospital, pharmacies, etc. Any place
that is capable of keeping tablets cool and dry for
rapid dispensation, or they may be kept in the
refrigerator in private homes. They are inexpensive and
they may be obtained through the Internet.
Vice Mayor Newman:
• Referred to the health insurance for City employees,
saying that there is a couple of residents who do this
for a living who may be able to work with HR, provided
that the City Manager approves it.
CITY COMMISSION MINUTES
June 8, 2010
llaTt!
1 Commissioner Palmer:
2
3 Regarding the health insurance issue, she said that the
4 City Manager should be allowed to make these decisions
5 and that the Commission should not impose these things
6 on him.
7
8 The direction of the Commission as a whole is to utilize the
9 services of Mr. Fernandez and Ms. Phillips to assist HR with the
10 health insurance issue.
11
12 Commissioner Beasley:
13
14 • Will be requesting the ..Weed and Seed Program at its
15 meeting tomorrow to sponsor ten kids for Summer Camp. He
16 also urged any corporation wishing to make donations for
17 under privileged kids and give them the opportunity to
18 attend the Summer Camp at the cost of $30 /week for 10
19 weeks. Vice Mayor Newman and Commissioner Harris each
20 gave direction for donating $300 from their contingency
21 fund towards the scholarship.
22
23 Mayor Stoddard:
24
25 • Referred to an issue that has been brought to his
26 attention by the business community about crosswalks:
27 where there is no stop sign people see the different
28 color paving but they are not quite sure of what it
29 means. He would like to look into the possibility of
30 getting a sign placed at everyone of our crosswalks
31 alerting drivers to stop for pedestrians in crosswalks.
32 Also looking into the possibility of putting a little
33 extra stripping. Vice Mayor Newman pointed out that the
34 only way that the above can be enforced is by imposing a
35 penalty. Mayor Stoddard recommended checking with Coral
36 Gables to see how they handle it.
37 • Direction to the City Attorney to revise the Parks and
38 Recreation Board Ordinance in order to increase the
39 number of members by two.
40 • Direction to the City Attorney to draft an ordinance
41 prohibiting firearms in the Commission Chambers and the
42 entire City Hall other than by the police.
43 • It has been brought to the Mayor's attention that years
44 ago there used to be a program during the summer_ called
45 "Teen Clean ", where teams of kids, ages 14 -18 years old
46 were hired by the City, given gloves and other tools for
47 cleaning sidewalks and easements. Commissioner Beasley
48 said that this is another item that he planned to bring
CITY COMMISSION MINUTES 19
June 8, 2010
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pnq
up at the Weed and Seed meeting to ask them to sponsor
and pay for such a program for the kids.
• We need a date for the Commissioners to get their
comments back to Mr. Maxwell on the Mercer's plan.
• We need to check if the funds for the crosswalk on US1
can be relocated. Vice Mayor Newman said that she will
call Mr. Gomez for clarification.
With no further comments this section was closed.
ORDINANCE
i
There being no further_ business to come before this Body,
the meeting adjourned at 11:31 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
June 8, 2010
20
Approved
Philip K. Stoddard
Mayor