1M1
1 City of South Miami
2 Regular City Commission Minutes
3 July 20, 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, July 20, 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 Deputy City Attorney Mark A. Goldstein, City Clerk Maria M.
19 Menendez and Acting City Manager Buford R. Witt.
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 Proclamation for Retiring Employee, Willie Sneed
29
30 The Mayor, Vice Mayor and Commissioners presented a
31 proclamation to Mr. Sneed, recognizing his long tenure and good
32 work with the City.
33
34 With some further comments this section was closed.
35
36
37 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
38
39
1. Approval
of Minutes
40
41
Minutes
of
June
2,
2010
42
Minutes
of
June
8,
2010
43
Minutes
of
June
22,
2010
44
Minutes
of
June
30,
2010
45
CITY COMMISSION MINUTES 1
July 20, 2010
jlaTt!
0
2 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
3 the motion to approve the minutes of June 2, June 9, June 22 and
4 June 30, 2010 passed by unanimous vote:
5
6 Commissioner Palmer: Yea
7 Vice Mayor Newman: Yea
8 Commissioner Beasley: Yea
9 Commissioner Harris: Yea
10 Mayor Stoddard: Yea
11
12
13 2. City Manager's Report (25 minutes)
14
15
16 Grants in Progress:
17
18 Tiger II
19 South Florida Water Management Dist
20 Children's Trust
21 Health Foundation of So. Florida
22 Miami -Dade Health Dept.
23
24 Staff:
25
26 Parks and Rec. Two additional seasonal part -time employees
27 needed for Summer Camp
28 Acting HR Director appointed - Carmen Baker
29 MIS supervisor: Pay changed from Admin Leave to Sick Leave,
30 retroactive. Medical evaluation found employee unable to
31 perform tasks. FMLA time expired. Employee released.
32 34 Police Chief applications received. Seven finalists
33 identified. Hiring freeze imposed July 30.
34
35 Personnel Evaluations:
36
37 Review found eight of 13 employees who report to City
38 Manager had no current evals.
39 Seven evals. completed; last one in progress
40 Tasked Department and Managers to audit their personnel as
41 well
42
43 Police:
44
45 10 vehicles ordered
46 - Light kits ordered
CITY COMMISSION MINUTES 2
July 20, 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
- Four vehicles delivered
• Participated in Weed & Seed "Defy" Camp
• Initial PBA negotiation meeting held
City Project List:
• US -1 Crosswalk Public Works &
Eng.
Fritz
Armand
• Tree Trash Recycl Public Works &
Eng.
De La
Torre
• Fuch's Park Lighting Public Works &
Eng.
De La
Torre
• Noise Ordinance Enforce. Code Enforcement
- ERPB
approved exterior renovations:
Dec
• Madison Square CRA
2009
- ERPB
approved minor revisions:
• Murray Park Pool Public Works &
Eng
Fritz
Armand
• Parking Garage Lease /Loans City
Atty
Larry
Feingold
• YMCA Parks & Rec.
Marie
Stout -Tate
• Traffic Calming Public Works &
Eng.
Fritz
Armand
• 62 Av. St Improve. Public Works &
Eng.
Fritz
Armand
• Comm. Garden /Farmers Market
• Sustainability Initiative /P &Z
Lourdes
Cabrera
• Automated Parking Finance
Hector
Rabi
• Transparent Access to City Info.
Clerk
Maria
Menendez
• Tree Canopy Initiative Public Works
/Eng.
De La
Torre
Projects Update:
• Traffic Calming - Pinecrest Villas plan received. New
workshop.
• Larkin Hospital Easement - Plan submitted to M -D County
• SW 66th St. Improvements Ph II - Design 60% complete
• South Miami Metro Pedestrian Crossing
- Overpass crossing deemed ineligible for grant funds
- At -Grade crossing now in planning. Miami -Dade County
holding $1.5 M
Segafredo Restaurant:
Long delayed restaurant construction completed.
- Approved by the City Commission
Sepl6,
2008
- ERPB
approval :
Nov
5,
2008
- ERPB
approval for signage:
Nov
3,
2009
- ERPB
approved exterior renovations:
Dec
1,
2009
- ERPB
approved minor revisions:
May
25,
2010
CITY COMMISSION MINUTES
July 20, 2010
3
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
llaTt!
• Street paving compliance agreement requires completion in 90
days
• TCO issued; paving requirement within 90 days
• Restaurant opened
Financial Performance Audit:
• Required annually
• Schedule
• Task Dates
• City Organizational Assessment
Jun
21-
Jul 16
• City. Department Interviews
Jul
12
- 30
• South Miami Resident Satisfaction Survey
Jul
19
- 30
• Department Output Analysis
Aug
2 -
13
• Performance -based Measures by Dept
Aug
16
- 27
• Draft Performance Audit Report
Aug
27-
Sep 10
• City Review and Comment on Draft
Sep
10
- 24
• Final Performance -based Audit Report
Sep
24
- Sep 30
Contracts:
• Cardenas & Partners, Washington, DC
- Reports on federal programs, grants, etc.
- Recommend Commission discussion at next C. 0. W.
meeting
• Parking
- BAFO completed in Jan 10
- Recommend Commission discussion at next C. 0. W.
meeting
Budget Execution:
Ad Hoc Pension Committee:
• Committee established by resolution on
29 Oct 09 now expired
- Six month term
- Chairman and one member resigned
- No meetings in months
• Pension Board remains in place
Madison Square - Land -Use and Zoning:
CITY COMMISSION MINUTES
July 20, 2010
0
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
pnq
• A goal of the 1999 SMCRA redevelopment plan was to acquire
specific properties required for the project.
- The Redevelopment Agency has now acquired a total of
1.9 acres of properties required for site development
• A second goal was to make the necessary land use and zoning
changes.
- Pending the City's evaluation and appraisal report
expected in mid June 2010, the site will be eligible
for land -use and re- zoning.
- Land -use and zoning proposals are expected by the SMCRA
at 9 Aug CRA Board meeting
- Zoning change will be presented to Planning Board
immediately thereafter
Historic Buildings:
• Recommend amending the LDC to allow Historic Preservation
Board to make final decisions on Certificates of
Appropriateness, (COA) for historic site building permits.
- Building permit decisions affecting the outside
appearance of designated historic sites are now
recommended by the Historic Preservation Board.
- Final decision is made by the City Commission after
public hearing.
- Many of these permits are very minor, such as window
replacements or small commercial signage. It would be a
better use of City time and resources and more
expeditious for property owners if the final decision
on a permit was made by the Historic Preservation
Board, with an appeal to the City Commission. This
would be a similar process that the LDC provides for
permit decisions made by the ERPB.
• Draft Ordinance being prepared for Commission
- Historic Preservation Board and Planning Board to
review
Comprehensive Plan:
• EAR- Planning Department
Center for Comprehensive
• In preparing new 2012 EAR
The Corradino Group to be
• Cost avoidance: $42,500
Fuel Efficient Vehicles:
CITY COMMISSION MINUTES
July 20, 2010
to contract with FIU
Plan technical work
Document, the 2008
cancelled."
5
Metropolitan
and assistance
contract with
m1a f t!
1
2 Public Works & Eng. to inquire about feasibility of trading
3 high consumption cars for more economical models
4 Admin vehicles, not police
5 Some options:
6 - Appraisal of two Expeditions - Approx. $31,000 in trade
7 for two Escapes (more economical)
8 - Sell and authorize monthly gas allowance instead
9 Recommend Commission discussion at next C. O. W. meeting
10
11 Farmers Market/ Garden:
12
13 City, Green Task Force, So. Miami Hosp
14 • Two part process
15 - Green Task Force -City Agreement for Market and hiring
16 of Management company
17 • Draft 22 Jul
18 - Community Garden in separate RFP (PW lead)
19 • Site visit 23 Jul to do plan
20 City and Hosp to work Grants
21
22 Various Projects:
23
24 Pump station 177 limitation prevents further business
25 connections in area served
26 - Miami -Dade County has modeled flows to determine the
27 pressures which will be used in the design process.
28 - Utilizing an existing design contract to prepare the
29 design for permitting, and then will be contracting the
30 construction.
31 - If everything goes smoothly, MDC sees new station
32 within 6 months or so.
33 Banyon Condo bus stop relocation approved by MDC
34
35 Tree Debris:
36
37 Public Works & Eng. implementing approved vendor for dumping
38 - Delays in past
39 - Expected savings
40 - Vendor mulches debris for re- use -Green Initiative
41 • Purchase order approved
42
43 Unsafe Structures Update:
44
CITY COMMISSION MINUTES 6
July 20, 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
• Unsafe Structures
July 14, 2010:
- 5889 SW 67th
- 6301 SW 60th
- 6333 SW 60th
- 6335 SW 60th
- 6351 SW 60th
- 6421 SW 59th
- 6430 SW 58th
Purchased /Re;
Board
Street
Avenue
Avenue
Avenue
Avenue
Avenue
Avenue
noved
3earin
Folio
Folio
Folio
Folio
Folio
Folio
Folio
DT
3 scheduled to take place on
09- 4025- 028 -0310
09- 4025 - 007 -0090
09- 4025 - 007 -0120
09- 4025- 007 -0130
09- 4025 - 007 -0140
09- 4025 -015 -0790
09- 4025- 015 -0450
• Status
- County approved demolition of six properties on 14 July
- County demolition schedule to be published
• Grant funds will be used
Information Technology:
• IT Evaluation in progress
- Some projects started but incomplete
- Infrastructure documentation lacking -staff tracing and
labeling circuits
- Study requirements
- Recommend improvements
• Conference Table microphones quotes received. Microphones
are being evaluated
- Guarantee issues
With no further comments the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
a. Letter from the Law Offices of Robert E. Weisberg
Re: Roger M. Carlton
This item was postponed by City Attorney Feingold.
b. Mr. Feingold addressed the Commission regarding the
Parking Garage bond issue. He said that for purposes of
transparency, he is informing everyone that an investigation
exists, but the details of the case are exempt from public
records.
CITY COMMISSION MINUTES
July 20, 2010
7
pmq
1 With no further comments the City Attorney's Report ended.
2
3 PUBLIC REMARKS
4 (5 minutes)
5
6 David Tucker Sr. addressed the Commission about the
7 foundations of the Constitution of the United States.
8
9 Javier Banos and Brad Cassel addressed the Commission with
10 regard to the item on the agenda relating to pension.
11
12 Donna Shelley spoke against the two proposed ordinances on
13 the agenda relating to proposed Charter amendments.
14
15 Janet Launcellot also spoke against the proposed Charter
16 amendments.
17
18 Dick Ward also concurred with prior speakers by speaking
19 against the proposed Charter amendments. He also urged the
20 Commission not to reduce the budget for the Parks and Recreation
21 programs.
22
23 John E. Smith spoke against Charter amendments, urging the
24 Commission to reactivate the Charter Review Committee and to
25 allow them to review the proposed amendments.
26
27 With no further speakers the public remarks section was
28 closed.
29
30 At this time the Mayor announced a 5- minute recess.
31
32
33 3. Commission Reports, Discussion & Remarks (25 minutes)
34
35
36 Vice Mayor Newman:
37
38 Discussion of continuing to retain Squires Sanders and
39 Dempsey, L.L.P.
40
41 Vice Mayor Newman said that her issue on this matter was
42 basically addressed during the City Attorney's report.
43
44 Mayor Stoddard:
45
46 Mayor Stoddard referred to The Mercer Group, the firm
47 conducting a search for a city manager. He then gave Deputy City
48 Attorney Goldstein directions, with the consensus of the
CITY COMMISSION MINUTES 8
July 20, 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
2_7
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Commission, to ask Mr. Maxwell to
additional ten candidates that ranked
pnq
provide the names of the
lower than the top five.
With no further comments this section was closed.
At this time items no. 10 and 11 were pulled from the
Consent (now nos. 11 and 12).
(BEGINNING OF CONSENT)
136 -10 -13170
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to execute a Service Authorization with
the Children's Trust for After- School and /or Summer
Camp Services, in the amount of $112,585.00; and
providing for an effective date. 3/5
(Acting City Manager)
137 -10 -13171
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to hire a replacement for a former Part
Time Summer Camp Aide worker, and to hire another Part
Time Summer Camp Aide worker to meet the required ratio
which the Children's Trust requires. 3/5
(Acting City Manager)
138 -10 -13172
7. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida approving the filing of
six single family house properties to the Miami -Dade
County Neighborhood Stabilization Program for
demolition under the Neighborhood Stabilization
Program; providing for an effective date. 3/5
(Acting City Manager)
139 -10 -13173
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re- appointing Rita Torres to serve on the
Pension Board for a two -year term ending July 19, 2012;
and providing an effective date. 3/5
(City Commission)
CITY COMMISSION MINUTES
July 20, 2010
I
llaTt!
l 140 -10 -13174
2 9. A Resolution of the Mayor and City Commission of the
3 City of South Miami, Florida, relating to boards and
4 committees; re- appointing Edward de la Torre to serve
5 on the Parks and Recreation Board as an Ad Hoc member
6 for a six -month term ending January 19, 2011; and
7 providing an effective date. 3/5
8 (Commissioner Harris)
9
10 Moved by Commissioner Beasley, seconded by Mayor Stoddard
11 the motion to approve the Consent Agenda passed by a 5 -0 vote:
12
13 Commissioner Palmer: Yea
14 Vice Mayor Newman: Yea
15 Commissioner Beasley: Yea
16 Commissioner Harris: Yea
17 Mayor Stoddard: Yea
18
19
20 (END OF CONSENT)
21
22 RESOLUTION (S)
23
24 141 -10 -13175
25 10. A Resolution of the Mayor and City Commission of the
26 City of South Miami, Florida, opposing the construction
27 of any additional nuclear power plants at Turkey Point,
28 Homestead, Florida; and providing an effective date.3 /5
29 (Commissioner Harris)
30
31 Moved by Commissioner Beasley, seconded by Mayor Stoddard
32 to approve this item.
33
34 With some further comments, the motion to approve this item
35 passed by a 5 -0 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Newman: Yea
39 Commissioner Beasley: Yea
40 Commissioner Harris: Yea
41 Mayor Stoddard: Yea
42
43 11. A Resolution of the Mayor and City Commission of the
44 City of South Miami, approving the Green Master Plan
CITY COMMISSION MINUTES 10
July 20, 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
PTEq
for the City of South Miami; providing an effective
date. 3/5
(Commissioner Harris)
(This item was withdrawn from the Agenda)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $115,000.00 from account No.
001 -2100- 519 -3211, settlements to account No. 001 -1500-
514 -3440 for $48,274.00, Consulting -Labor Attorney and
to account No. 001 - 1500 -514 -3120 for $66,726.00,
Professional Services Cost; providing an effective
date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman, 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
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to retain a consultant to prepare an
alternate FPL transmission line corridor; and providing
an effective date. 3/5
(Mayor Stoddard)
Moved by Mayor Stoddard, seconded by Commissioner Beasley to
approve this item.
After a brief discussion, Deputy City Attorney Goldstein
recommended withdrawing this item.
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to hire Richard Montalbano of RBC Capital
Markets as the City's Financial Advisor; and providing
an effective date. 3/5
(City Attorney)
Moved by Commissioner Palmer, seconded by Commissioner
Beasley to approve this item.
CITY COMMISSION MINUTES
July 20, 2010
11
m1a f t!
1
2 Vice Mayor Newman said that she recognizes the need for
3 this; however, she said that it is important to have further
4 information in terms of fees, and terms of agreement.
5
6 Moved by Mayor Stoddard to amend the resolution to add on
7 line 10: "to analyze the City's financial position with respect
8 to bond re- financing ". Seconded by Commissioner Beasley the
9 motion to amend this item passed by a 5 -0 vote:
10
Il Commissioner Palmer: Yea
12 Vice Mayor Newman: Yea
13 Commissioner Beasley: Yea
14 Commissioner Harris: Yea
15 Mayor Stoddard: Yea
16
17 Moved by Commissioner Harris, seconded by Commissioner
18 Palmer, the motion to defer this item as amended passed by a 5 -0
19 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
28 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
29 (NONE)
30
31
32 RESOLUTION (S) PUBLIC HEARING (S)
33 (NONE)
34
35 ORDINANCE (S) FIRST READING
36
37 (Moving all 1st reading ordinances for 2"d reading must be
38 done for date certain of 8 -03 -10 in order to comply with
39 public hearing legal notice requirements)
40
41
42 15. An Ordinance of the Mayor and City Commission of the
43 City of South Miami, Florida, proposing to the City's
44 electors amendments to Articles III and VI of the
45 City's Charter to provide that all department directors
CITY COMMISSION MINUTES 12
July 20, 2010
llaTt�
1 appointed by the City Manager shall be subject to the
2 approval or rejection by the City Commission; providing
3 for the proposed amendment to be submitted to the
4 City's electors at the next General Election of
5 November 2, 2010; providing ballot language; directing
6 the City Clerk to take all necessary actions to carry
7 out the provisions of this ordinance; providing an
8 effective date for the amendment and directing the City
9 Clerk to incorporate the amendment into the charter and
10 to file the revised Charter with the Florida Department
11 of State; providing for severability, conflict, and an
12 effective date. 3/5
13 (Mayor Stoddard)
14
15 Moved by Mayor Stoddard, seconded by Commissioner Beasley
16 to approve this item.
17
18 Commissioner Palmer expressed concern about this ordinance,
19 explaining that if this is adopted by the voters it could be
20 used as a political tool and that it could be dangerous. She
21 said that Commissioners are part -time legislators, urging to
22 maintain the present form of government. She urged the
23 Commission to revisit this ordinance.
24
25 At this time Mayor Stoddard moved to extend the meeting
26 beyond 11:00 p.m. Seconded by Commissioner Beasley, the motion
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
35 Commissioner Harris said that this ordinance is the result
36 of certain abuses in the past. However, he concurred with
37 Commissioner Palmer, saying that this could be a very dangerous
38 road to take and it would be very divisive. He added that at the
39 present time we are changing the rules of the game; the timing
40 to bring this forward is not now but when we have a new City
41 Manager and then we can discuss it with the new person.
42
43 Vice Mayor Newman said that this is a much needed amendment
44 to the Charter; what this would do is that it will create
45 oversight and it would not interfere with the day -to -day
46 operation of the City Manager. The residents of the City are the
47 ones that will decide whether they want a system with checks and
48 balances.
CITY COMMISSION MINUTES 13
July 20, 2010
m1a t
1 Commissioner Beasley said that the problem he sees is that
2 the Commission changes with every election and that we really do
3 not know what the future will bring. Putting this type of power
4 in the wrong hands could be very dangerous. He said that it will
5 be a good idea to look at other alternatives.
6
7 Mayor Stoddard said that by having the Commission with that
8 oversight authority would encourage a City Manager to do his
9 very best in hiring department heads. He said that he has been
10 reading about the subject of power and what happens when you
11 concentrate power in a single place, and that the point of that
12 is that by reducing the monopoly on power you ultimately get
13 better decisions. He said that this doesn't change how the City
14 Manager manages the City. He said that this gives the residents
15 a little more oversight in hiring and staffing key positions in
16 the City. This is why he is proposing this amendment, and not to
17 shake the foundations of our government.
18
19 With some further comments, the motion to approve this item
20 failed by a 2 -3 vote:
21
22 Commissioner Palmer: Nay
23 Vice Mayor Newman: Yea
24 Commissioner Beasley: Nay
25 Commissioner Harris: Nay
26 Mayor Stoddard: Yea
27
28
29 16. An Ordinance of the Mayor and City Commission of the
30 City of South Miami, Florida, amending the City Charter
31 by establishing term limits for the Mayor and City
32 Commission, subject to approval by the electorate at a
33 referendum to be held on November 2, 2010; providing
34 ballot language; directing the City Clerk to take all
35 necessary actions to carry out the provisions of this
36 ordinance; providing an effective date for the
37 amendment and directing the City Clerk to incorporate
38 the amendment into the Charter and to file the revised
39 charter with the Florida Department of State; providing
40 for severability, conflict, and an effective date. 3/5
41 (Mayor Stoddard)
42
43 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
44 to approve this item.
45
46 Commissioners exchanged different views but they all
47 supported this proposed amendment to the Charter.
CITY COMMISSION MINUTES 14
July 20, 2010
:IxaTti
2 With no further comments, the motion to approve this item,
3 and to place it on the 8 -03 -10 Agenda for second reading, passed
4 by a 5 -0 vote:
5
6 Commissioner Palmer: Yea
7 Vice Mayor Newman: Yea
8 Commissioner Beasley: Yea
9 Commissioner Harris: Yea
10 Mayor Stoddard: Yea
11
12
13 17. An Ordinance of the Mayor and City Commission of the
14 City of South Miami, Florida, amending the South Miami
15 Code of Ordinances by creating Chapter 19A "Towing
16 Regulations ", regulating towing within the City;
17 providing for conflict, severability and an effective
18 date. 3/5
19 - (Commissioner Beasley)
20
21 Moved by Mayor Stoddard, seconded by Commissioner Beasley
22 to approve this item.
23
24 Mr. Goldstein addressed the Commission explaining that the
25 City does not have an ordinance regarding towing regulations
26 which is quite unusual. What this does is to provide certain
27 protection to the City; the goal is to have a comprehensive
28 ordinance that regulates towing within the City.
29
30 With some further comments, the motion to approve this
31 item, and to place it on the 8 -03 -10 Agenda for second reading,
32 passed by a 5 -0 vote:
33
34 Commissioner Palmer: Yea
35 Vice Mayor Newman: Yea
36 Commissioner Beasley: Yea
37 Commissioner Harris: Yea
38 Mayor Stoddard: Yea
39
40
41 18. An Ordinance of the Mayor and City Commission of the
42 City of South Miami, Florida amending the South Miami
43 Code of Ordinances by adding Section 7 -17 entitled
44 "Type of Construction Required of All Principal
45 Buildings" and Section 7 -18 entitled "Staging of
46 construction and damage to public property, rights -o£-
47 way, alleys or easements and trees and landscaping" to
CITY COMMISSION MINUTES 15
July 20, 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
t-
Chapter 7 "Buildings" in order to list the types of
construction allowed and prevent damage to public
property; providing for severability; providing for
ordinances in conflict; and providing for an effective
date. (Deferred 6108110) 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Commissioner
Palmer to approve this item.
The Commission discussed this and the next item, expressing
concern with the pre - fabricated type of construction and the
potential for ending with a number of houses looking alike.
Vice Mayor Newman said that the only way she would support
these ordinances would be by adding some language stipulating
the number of times a model can be repeated.
Mayor Stoddard said that if there is concern for "cookie
cutter" homes, the language preventing it should be broadened to
apply for any type of construction because the way our code is
written there is a potential for that to happen, independent of
the type of construction.
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman, the motion to defer this item until the meeting of 8 -03-
10 to come back as first reading, passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
19. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Code of Ordinances by amending Chapter 10a Floods
Article 2 Definitions "Manufactured home "; providing
for severability; providing for ordinances in conflict;
and providing for an effective date. (Deferred 6108110)315
(Acting City Manager)
Mr. Vageline explained that this item is related to the
previous one.
CITY COMMISSION MINUTES
July 20, 2010
16
m1a f t!
1 Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
2 motion to defer this item until the meeting of 8- 03 -10, passed
3 by a 5 -0 vote:
4
5 Commissioner Palmer: Yea
6 Vice Mayor Newman: Yea
7 Commissioner Beasley: Yea
8 Commissioner Harris: Yea
9 Mayor Stoddard: Yea
10
11
12 20. An Ordinance of the Mayor and City Commission of the
13 City of South Miami, Florida amending the South Miami
14 Pension Plan, providing for an amendment to Section 16-
15 12, Definitions, to comply with current City policy
16 concerning the definitions of annual compensation,
17 final average compensation, department head, employee,
18 full -time employee, participation and part -time
19 employee; amending Section 16- 14(f)(1)(b) to allow
20 retired participants to change a beneficiary up to two
21 times at the participant's cost in compliance with
22 Chapter 2009 -97, Laws of Florida; amending the City of
23 South Miami Police Officers Retirement Trust Fund to
24 provide for compliance with Chapter 2009 -97, laws of
25 Florida; providing for severability; providing for
26 codification ; and providing for an effective date. 3/5
27 (Acting City Manager)
28
29 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
30 to approve placing the revised ordinance on the agenda passed by
31 a 5 -0 vote:
32
33 Commissioner Palmer: Yea
34 Vice Mayor Newman: Yea
35 Commissioner Beasley: Yea
36 Commissioner Harris: Yea
37 Mayor Stoddard: Yea
38
39 Moved by Mayor Stoddard, seconded by Commissioner Beasley
40 to approve this item.
41
42 Moved by Mayor Stoddard, seconded by Commissioner Beasley to
43 amend the ordinance on page 3, lines 30 -31, ending the paragraph
44 with the word "benefits ", the motion to amend passed by a 5 -0
45 vote:
46
47 Commissioner Palmer: Yea
CITY COMMISSION MINUTES 17
July 20, 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
Vice Mayor Newman:
Commissioner Beasley:
Commissioner_ Harris:
Mayor Stoddard:
m1a f t!
Yea
Yea
Yea
Yea
Moved by Vice Mayor Newman to amend this ordinance,
directing staff that on second reading, Section 16 -17(b) Option 1
be amended by deleting the following language: "with credited
interest compounded annually at the rate of three (3) percent per
annum from the end of the year of payment to the first of the
month in which the cash payment is made ". The motion to amend
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 amend this ordinance so that
department heads cannot opt out. Seconded by Commissioner Harris.
The motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
With some further comments, the motion to approve this item
as amended and as a whole, and to place it on the 8 -03 -10 Agenda
for second reading, passed by a 5 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
Mayor Stoddard:
Yea
ORDINANCE (S) FIRST READING PUBLIC
HEARING (S)
(NONE)
CITY COMMISSION MINUTES
July 20, 2010
M
1
2
3
4
5
6
7
8
9
10
11
12
13
14
PT
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
There being no further business to come before this Body,
the meeting adjourned at 12:00 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
July 20, 2010
Approved
Philip K. Stoddard
Mayor