1a1 City of South Miami
2 Regular City Commission Minutes
3 July 27, 2010
4
5 CALL TO ORDE.2
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, July 27, 2010, beginning at 7:32
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 Vice Mayor Valerie Newman, and, Commissioners Velma Palmer, Brian
14 D. Beasley and Walter A. Harris. Mayor Philip K. Stoddard was
15 absent.
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 Vice Mayor Newman.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27 (NONE)
28
29
921
32 1. Approval of Minutes
33 (NONE)
34
35 2. City Attorney's Report (15 minutes)
36
37 Attorney Guy A. Lewis, with Lewis Tein PL was invited to
38 give a presentation to the Commission; however, he said that his
39 main motivation was because of an article he read in the
40 newspaper regarding the City's bond issue with the garage. Mr.
41 Lewis then spoke about his firm which he said has a vast
42 experience on SEC matters. Prior to private practice, he served
43 as a federal prosecutor for almost 20 years, handling dozens of
44 SEC matters; he served as the United States Attorney for the
45 Southern District of Florida, interacting closely with the SEC;
CITY COMMISSION MINUTES 1
July 27, 2010
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1 he also served for 2 years as the Director of the Executive
2 Office for U.S. Attorneys in Washington, DC, overseeing all 93
3 United States Attorneys' Offices nationwide. Mr. Lewis's firm
4 represents a number of municipalities in South Florida on matters
5 both large and small. He said that because they consider it an
6 honor and a privilege to represent city government, they heavily
7 discount their rates for municipalities and that they would do so
8 in this case, from the $750 an hour they charge to $275 an hour.
9
10 After Mr. Lewis's presentation, Mr. Feingold recommended
11 waiting for the results of Squire Sanders ongoing investigation
12 which may be a matter of approximately 90 days, before making a
13 decision replacing Mr. Reiter's team with Mr. Lewis's firm. Mr.
14 Lewis concurred with Mt. Feingold.
15
16 At this time former Commissioner Lew Sellars was invited to
17 come up to the podium to provide his input on the subject. Mr.
18 Sellars said that as a resident of the City his advice would be
19 to stay the course and see what happens.
20
21 Mr. Goldstein at this time said that he has been contacted
22 by former Acting City Manager Carlton's lawyer; he wanted
23 authorization for us to enter into a non - binding mediation, and
24 he wanted to determine whether there is a majority of support to
25 do that from the City Commission.
26
27 Vice Mayor Newman said that Mr. Carlton was hired as an
28 interim with no contract and that in her opinion there is nothing
29 to mediate. This was the consensus of the Commission.
30
31 Regarding the financing of police cars, Mr. Feingold
32 reported that SunTrust will accept the revised letter and that
33 they will agree to finance the cars.
34
35 Mr. Feingold requested allowing Mr. Cassel to address the
36 Commission about findings regarding the pension; Mr. Cassel
37 explained that some employees in the past had been allowed to opt
38 out of the pension relying on certain resolutions; however, the
39 pension requires all employees to be in the pension.
40
41 With no further comments the City Attorney's Report ended.
42
43
44 3. City Manager's Report (25 minutes)
45
46 Police
47 • 10 vehicles received, being equipped;
48 • Upgrading Alarm billing software.
CITY COMMISSION MINUTES 2
July 27, 2010
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1
Project
Updates
2
(Public
Works)
3
4
•
Traffic Calming - Pinecrest Villas plan received. New
5
workshop scheduled 2 August at 6 PM;
6
•
Larking Hospital Easement - Plan submitted second time to
7
Miami -Dade County. Questions received and answered 8 July;
8
•
SW 66th Street Improvements Ph II - Design 60% complete;
9
•
South Miami Metro Pedestrian Crossing
10
- At -Grade crossing now in planning.
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12
Tree
Debris:
13
14
•
Vendor was approved by Resolution No. 193 -09 -13002 in the
15
vendors over $5,000;
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•
Open PO in the amount of $75,000 issued May 26 using
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Oakland Park contract;
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•
Sun Recycling disposal rate per ton is $45 vs. County
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disposal rate of $59.77;
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•
As of July 21, 2010 a total of 716.23 tons of yard waste
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was dumped at Sun recycling, representing cost avoidance
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in dumping fees to date of $10,579; Sun Recycling dump
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site is 3.11 miles closer to the City than the County dump
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site, representing 6.22 miles less traveled per trip; in
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addition to fuel savings, we are also saving by reducing
26
turn around time, resulting in improved production, less
27
equipment wear and tear, and lower maintenance cost.
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29
Financial Performance Audit:
30
(Finance)
31
32
•
Scheduled Dates:
33
•
City Organizational Assessment Jun 21- Jul 16
34
•
City Department Interviews Jul 19 - 30
35
•
South Miami Resident Satisfaction Survey Jul 19 - 30
36
•
Department Output Analysis Aug 2 - 13
37
•
Develop. of Perform -based Measures by Dept Aug 16 - 27
38
•
Draft Performance Audit Report Aug 27- Sep 10
39
•
City Review and Comment on Draft Sep 10 - 24
40
•
Final Performance -based Audit Report Sep 24 - Sep 30
41
42
Finance
43
44
New
External Auditors:
45
CITY COMMISSION MINUTES 3
July 27, 2010
1 C Keefe, McCullough & Co., LLP is the Audit Committee
2 recommendation for the City of South Miami External Audit;
3 • On August 17, 2010 Commission Meeting a resolution to hire
4 a new financial auditor and execute a two year audit
5 contract with the audit firm of Keefe, McCullough & Co.
6 LLP., with the option to renew for one year will be
7 presented for approval.
8
9 Farmers Market /Community Garden:
10 (Public Works, Planning /Zoning, Hospital, Green Task Force)
11
12 • City, Green Task Force, So. Miami Hospital
13 Two part process
14 — Market RFP draft sent to staff by the Green Task
15 Force, 30 Jul
16 — Mr. Witt explained that South Miami Hospital has been
17 involved with this project all along and that they
18 are working on grants for this in conjunction with
19 the City;
20 — Vice Mayor Newman expressed some concerns about this
21 issue and said that this should be discussed at a COW
22 meeting;
23 — Ms. Read said that South Miami Hospital has a larger
24 healthy communities initiative and they are
25 interested in several different types of approaches;
26 they are going for a grant to support that, so they
27 would offer some of that money to get the Farmers
28 Market up and running because the Farmers Market is
29 in their interest as well.
30
31 Various Projects:
32 (Public Works)
33
34 Traffic Calming - Pinecrest Villas plan received. New
35 workshop being rescheduled
36 Murray Park Pool RFP release date 6 Aug
37 Larkin Hospital Easement - Plan submitted second time to
38 Miami -Dade County. Questions received and answered 8 Jul.
39 SW 66'h St. Improvements Ph IT - Design 60% complete
40 South Miami Metro Pedestrian Crossing
41 - Phone conference 30 Jul
42 At -Grade crossing not eligible for CMAQ funding
43 (again);
44 $1.5 M is available but Transit recommending moving
45 to another crossing project;
46 Still studying Mayor's suggestions;
CITY COMMISSION MINUTES 4
July 27, 2010
1 Vice Mayor Newman said that as per our lobbyist, Mr.
2 Fausto Gomez, we are entitled to that money,
3 therefore recommending for the Mayor to speak to
4 Commissioner Gimenez and try to resolve this issue,
5 and if that doesn't work, then our City Attorney will
6 have to go to the County to get the $1.5 million for
7 the pedestrian crossing project.
8
9 Project Updates:
10 (Various Departments)
11
12 • Marshall Williamson Park Restroom RFP released this week
13 (CRA)
14 • Demolition of six unsafe buildings approved and filed with
15 Court
16
17 Various Projects:
18 (Public Works)
19
20 • Pump station 177 schedule
21 - Miami -Dade County has modeled flows to determine the
22 pressures which will be used in the design process;
23 - Utilizing an existing design contract to prepare the
24 design for permitting, and then will be contracting
25 the construction;
26 - If everything goes smoothly, MDC sees improved
27 capacity within six months and new station in 2010.
28
29
30 Recommended COW or Workshop Topics:
31 • Cardenas & Partners, Washington, DC
32 • Parking BAFO
33 • Fuel efficient vehicle options
34 • Health Insurance Workshop Selection
35 • Budget Workshop (Tentative) - 16 Aug., 1 PM
36
37 Comprehensive Plan:
38 (Planning /zoning)
39 Update amendments continue 10 Aug Planning board
40 — Murray Park Pool: change to Parks and Open Space;
41 Community Gardens (Inspection Station): change to
42 Parks and Open Space from Transit (TODD)
43
44 With some further comments the City Manager's Report ended.
45
CITY COMMISSION MINUTES 5
July 27, 2010
t-
1
PUBLIC REMARKS
3 (5 minutes)
4
5 Frank Rodriguez said that he purchased an abandoned property
6 located at 6175 SW 64 Terrace about a year ago; he said that
7 during the permitting process he was not properly informed about
8 the charges for excessive trash pick up and for which he had been
9 issued a fine.
10
11 James Cassey spoke on behalf of the Police Benevolent
12 Association addressing the issue of the pension brought up by Mr.
13 Cassel, as it relates to police officers and explaining that all
14 those situations regarding those police officers are subject to
15 the ongoing collective bargaining negotiations.
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17 Yvonne Beckman urged to keep an arms - length relationship
18 with South Miami Hospital with regard to the Farmers Market
19 project.
20
21 Dick Ward said that South Miami Middle has a new Principal
22 by the name of Mrs. Alvarez, urging the Commission to pursue her
23 cooperation in getting the school involved in certain City
24 activities.
25
26 Rodney Williams commended Mr. Witt and Major Mills for
27 helping him during an arrest as the result of a tip to the Metro -
28 Dade police who detained him. He said that it is very unfortunate
29 that our own police was not even informed which is unacceptable.
30
31 John Edward Smith addressed the Commission about the
32 pedestrian crossing on US -1. He then referred to a project he has
33 envisioned for some time about creating an entrance feature at
34 all major intersections of the City, by adding some artistic
35 element to them.
36
37 With no further speakers the public remarks section was
38 closed.
39
40
41 3. Commission Reports, Discussion & Remarks (25 minutes)
42
43
44 Commissioner Harris spoke about the importance of
45 reactivating the Charter Review Committee.
46
47 With no further comments this section was closed.
48
CITY COMMISSION MINUTES 6
July 27, 2010
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BT
At this time Vice Mayor Newman announced a five - minute
recess.
As the meeting reconvened, the Commission unanimously agreed
to place two add -on items to the agenda.
RESOLUTION (S)
142 -10 -13176
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, retaining Warren R.
Trazenfeld, Esquire, to represent the City with regard
to potential legal malpractice claims against Luis
Figueredo, Esq., Figueredo & Boutsis, P.A., Nagin-
Gallop- Figueredo, P.A., Bryant, Miller and Olive, P.A.,
and Adorno & Yoss, LLP; and providing an effective
date. 3/5
(City Attorney)
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman to approve this item.
Mr. Feingold said that the sooner we act will be the best
way to get indemnification. He said that we want to have the
proper attorney to defend the City.
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:
Absent
143 -10 -13177
6: A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the City's
2010 /2011 fiscal year budget; advising the Miami -Dade
County Property Appraiser of its proposed millage rate
of 5.1452 mills; its roll -back rate of 5.1452 mills and
announcing the dates of public hearing to consider the
proposed millage rate and tentative budget; providing
an effective date. 3/5
(Acting City Manager)
CITY COMMISSION MINUTES
July 27, 2010
7
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2 Moved by Commissioner Palmer, seconded by Commissioner
3 Harris to approve this item.
4
5 Mr. Witt presented this item.
6
7 Commissioner Palmer said that one of her concerns is
8 whether keeping the same rate as last year's would guarantee
9 retaining the same staff.
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11 Mr. Witt said that no staff members are being dismissed
12 with this budget because the ,reduction in staff consists of
13 vacancies.
14
15 Finance Director Riverol explained that the rollback rate
16 allows us to go back and does not represent a tax increase to
17 the residents.
18
19 With some further comments, the motion to approve this item
20 passed by a 4 -0 vote:
21
22 Commissioner Palmer: Yea
23 Vice Mayor Newman: Yea
24 Commissioner Beasley: Yea
25 Commissioner Harris: Yea
26 Mayor Stoddard: Absent
27
28
29 (BEGINNING OF CONSENT)
30
31 At this time the Commission discussed setting a date for the
32 Budget Workshop. The date was set for Monday, August 16, 2010 at
33 1:00 p.m.
34
35 Before the Consent Agenda was read into the record, Vice
36 Mayor Newman pulled item no. 10 (now item no. 12)
91FA
38 144 -10 -13178
39 7. A Resolution of the Mayor and City Commission of the
40 City of South Miami, Florida, authorizing the Acting
41 City Manager to execute a Letter of Agreement with
42 Multimedia and Information Technology Consulting Firm
43 in the amount of $5,500.00; and providing for an
44 effective date. 3/5
45 (Acting City Manager)
46
CITY COMMISSION MINUTES 8
July 27, 2010
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2 145 -10 -13179
3 8. A Resolution of the Mayor and City Commission of the
4 City of South Miami, Florida, relating to budget;
5 authorizing a transfer of $5,500.00 from account No.
6 001 -1340- 513 -1210, settlements to account No. 001 -1340-
7 513 -3450, Contractual Services; providing an effective
8 date. 3/5
9 (Acting City Manager)
10
11 146 -10 -13180
12 9. A Resolution of the Mayor and City Commission of the
13 City of South Miami, Florida authorizing the Acting
14 City Manager to accept a donation of $10,600 from
15 Interval International, increasing the expenditure line
16 items for Football (001- 2000 - 572 -5630) by $6,000 and
17 Cheerleading (001- 2000 - 572 - 5631), by $4,000.00, through
18 account number 001-0000-366-91-00, "Donation Account ";
19 providing for an effective date. 3/5
20 (Acting City Manager)
21
22 147 -10 -13181
23 10. A Resolution of the Mayor and City Commission of the
24 City of South Miami, Florida, relating to budget;
25 authorizing a transfer of $9,000.00 from account No.
26 001- 2100 -519 -4720, Printing and Photocopying
27 settlements to account I No. 001- 2100 - 519 -4120,
28 Communications Telephone; providing an effective date.
29 (Acting City Manager) 3/5
30
31 148 -10 -13182
32 11. A Resolution of the Mayor and 'City Commission of the
33 City of South Miami, Florida; authorizing the Acting
34 City Manager to expend $7,500 of a Purchase Order
35 approved in FY 2008 -2009 in order to contract with
36 Florida International University, Metropolitan Center
37 to provide specialized services needed to produce an
38 updated Comprehensive Plan; and providing for an
39 effective date. 3/5
40 (Acting City Manager)
41
42 Moved by Commissioner Beasley, seconded by Vice Mayor
43 Newman, the motion to approve the Consent Agenda passed by a 4 -0
44 vote
45 Commissioner Palmer: Yea
46 Vice Mayor Newman: Yea
CITY COMMISSION MINUTES 9
July 27, 2010
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Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
(END OF CONSENT)
RESOLUTION (S)
(CONrD)
pmq
Yea
Yea
Absent
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to allow for processing and hiring of
Reserve Police Officers, exempting the position from
the current hiring freeze: and providing for an
effective date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman to approve this item.
Vice Mayor Newman pulled this item from the Consent Agenda,
asking for further information on the resolution regarding costs
and if it will be for 4 or 6 officers, whether this increases
the cost of insurance, the account from where this is going to
be paid and the balance of the account.
Moved by Vice Mayor Newman, seconded by Commissioner
Beasley to defer this item, the motion passed by a 4 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Absent
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
CITY COMMISSION MINUTES
July 27, 2010
10
m1a t!
2 (Moving all 1" reading ordinances for 2"d reading must be
3 done for date certain of 8 -17 -10 in order to comply with
4 ,public hearing legal notice requirements)
5
6 ORDINANCE (S) FIRST READING
7
8 13. An Ordinance of the Mayor and City Commission of the
9 City of South Miami Florida, amending the Future Land
10 Use Map of the South Miami Comprehensive Plan by
11 changing the future land use category from Single -
12 Family Residential (Two - Story) to Parks and Open Space
13 for the property identified as All - America Park located
14 at 6820 SW 64 Avenue (Folio No. 09- 4025 - 000 - 0430) ;
15 providing for severability; providing for ordinances in
16 conflict; and providing an effective date. 4/5
11 (Acting City Manager)
18
19 Moved by Commissioner Beasley, seconded by Commissioner
20 Harris to approve this item.
21
22 Mr.. Youkilis explained that this and the next three
23 ordinances relate to amendments to the Comprehensive Plan based
24 on what was in the EAR back in 2006.
25
26 With no further comments, the motion to approve this item
27 passed by a 4 -0 vote:
28
29 Commissioner Palmer: Yea
30 Vice Mayor Newman: Yea
31 Commissioner Beasley: Yea
32 Commissioner Harris: Yea
33 Mayor Stoddard: Absent
34
35 14. An ordinance of the Mayor and City Commission of the
36 City of South Miami Florida, amending the Future
37 Land Use Map of the South Miami Comprehensive Plan
38 by changing the future land use category from Single -
39 Family Residential (Two - Story) to Parks and Open Space
40 for the property identified as Van Smith Park
41 located at 7800 SW 59 Avenue (Folio No. 09- 4036 -039-
42 0020 and Folio No. 09- 4036- 039 - 0025) ; providing for
43 severability; providing for ordinances in conflict;
44 and providing an effective date. 4/5
45 (Acting City Manager)
CITY COMMISSION MINUTES 1 1
July 27, 2010
m1a t-
2 Moved by Commissioner Beasley, seconded by Vice Mayor Newman
3 to approve this item.
4
5 With no further comments, the motion to approve this item
6 passed by a 4 -0 vote:
7
8 Commissioner Palmer: Yea
9 Vice Mayor Newman: Yea
10 Commissioner Beasley: Yea
11 Commissioner Harris: Yea
12 Mayor Stoddard: Absent
13
14 15. An Ordinance of the Mayor and City Commission of the
15 City of South Miami by changing the future land use
16 category from Single - Family Residential (Two - Story) to
17 Parks and Open Space for the property identified as
18 Dison Park located at 8051 SW 58 Avenue (Folio No. 09
19 4036- 000 - 0520) ; providing for severability; providing
20 for ordinances in conflict; and providing an effective
21 date. 4/5
22 (Acting City Manager)
23
24 Moved by Commissioner Beasley, seconded by Vice Mayor Newman
25 to approve this item.
26
27 With no further comments, the motion to approve this item
28 passed by a 4 -0 vote:
29
30 Commissioner Palmer: Yea
31 Vice Mayor Newman: Yea
32 Commissioner Beasley: Yea
33 Commissioner Harris: Yea
34 Mayor Stoddard: Absent
35
36 16. An Ordinance of the Mayor and City Commission of the
37 City of South Miami Florida, amending the Future Land
38 Use Map of the South Miami Comprehensive Plan by
39 changing the future land use category from Educational
40 (Four - Story) to Single - Family Residential (Two - Story)
41 for the property identified as the Rothan residence
42 located at 7435 SW 66 Avenue (Folio No. 09- 4036 -050-
43 0020) ; providing for severability; providing for
44 ordinances in conflict; and providing an effective
45 date. 4/5
46 (Acting City Manager)
47
CITY COMMISSION MINUTES 12
July 27, 2010
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pmq
Moved by Commissioner Beasley, 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:
Yea
Commissioner Harris:
Yea
Mayor Stoddard:
Absent
••►, i ►
a
PUBLIC HEARING (S)
There being no further business to come before this Body,
the meeting adjourned at 10 :24 p.m.
Attest
Maria M. Mene
City Clerk
CITY COMMISSION MINUTES
July 27, 2010
13
Approved
Philip K. Stoddard
Mayor