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1 City of South Miami
2 Regular City Commission Minutes
3 August 17, 2010
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, August 17, 2010, beginning at
7:17 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, Brian D. Beasley and Walter A.
Harris.
Also in attendance were: Deputy City Attorney Mark A.
Goldstein, 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)
Presentation by Richard O'Barry
Mr. O'Barry, a well -known activist towards the preservation
of the dolphins addressed the Commission, and presented a video
prepared by his son Lincoln who is producing a television series
for the Animal Planet which will air on August 27th. At the
conclusion of the video presentation, Mayor Stoddard presented
the Key to the City to Mr. O'Barrry.
Presentation by Richard Weisskoff, PhD
Mayor Stoddard introduced Dr. Weisskoff, who is an
economist and who has been researching the options of providing
for the City of South Miami, the Village of Pinecrest, Cutler
Bay and Palmetto Bay, a study of the economic effects of FPL
proposed transmission lines on our economic development relating
to property values and job creation.
CITY COMMISSION MINUTES 1
August 17, 2010
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Mayor Stoddard explained that our City Attorney, in
conjunction with the above - mentioned cities, is preparing an
interlocal agreement so that we can share the financial costs of
the entire project relating to the study.
With no further presentations this section was closed.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of July 27, 2010
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
the motion to approve the minutes of July 27, 2010 passed by a
5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Minutes of August 3, 2010
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
the motion to approve the minutes of August 3, 2010 passed by a
5 -0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
2. City Manager's Report (25 minutes)
Financial Performance Audit
FINANCE
Continuing
*Schedule Dates
-City Organizational Assessment
-City Department Interviews
-South Miami Resident Satisfaction Survey
CITY COMMISSION MINUTES
August 17, 2010
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Yea
Yea
Yea
Yea
Yea
Jun 21- Jul 16
Jul 19- 30
Jul 19 30
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-Department Output Analysis
Aug
2 -
13
-Development of Performance - based Measures
by Dept Aug
16
- 27
-Draft Performance Audit Report
Aug
27-
Sep 10
-City Review and Comment on Draft
Sep
10 -
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-Final Performance -based Audit Report
Sep
24
- Sep 30
Project Updates
PUBLIC WORKS
-Traffic Calming - Pinecrest Villas plan received. New workshop
being rescheduled 25 Aug
-Murray Park Pool RFP released 6 Aug. Bidders Conference 20
Aug. Proposals due 3 Sep.
*Larkin Hospital Easement - Plan received from to M -D County. If
desired, detailed plan can be presented
-SW 66th St. Improvements Ph II - Meeting with consultant 19 Aug
to review all comments
-South Miami Metro Pedestrian Crossing
- Meeting held 13Aug
•$1.5 M is being transferred to another crossing project
-Met with Fausto Gomez 16 Aug - questioning FDOT
Project Updates
Various Departments
*Marshall Williamson Park Restroom RFP release this week (CPA)
*Demolition of six unsafe buildings waiting schedule from M -D
County
Farmers Market/ Garden
PW, PLNG & ZON, Hosp, GTF
*Farmers' Market RFP is due
Comprehensive Plan
PLANNING & ZONING
to Purchasing on 18 Aug.
-Update amendments continue 10 Aug Planning board
- Murray Park Pool: change to Parks and Open Space;
-Comm. Gardens (Old Inspection Station): change to
"Permitted Use" in the Transit (TODD) District.
- Amendment to Comprehensive Plan creating new Future Land
Use Map category and Zoning Use Category for Madison Square
project area for 24 units per acre/ two story to be
considered by the Planning Board Aug 31.
- Amendment to Land Development Code to change the Permitted
Use Schedule to allow "Theater" use in Low Intensity Office
(LO) Districts, applicable to Mobley Building location only
- Aug 31, meeting.
CITY COMMISSION MINUTES Oj
August 17, 2010
pmq
1 Recommended C. O. W. or Workshop Topics
2 *Cardenas & Partners, Washington, DC
3 'Parking BAFO
4 *Fuel efficient vehicle options
5 *Health Insurance Committee Workshop held 2 Aug - Selection
6 and recommendation
7 *Budget Workshop - 16 Aug., 1 PM
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9 With no further comments the City Manager's Report ended.
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12 3. City Attorney's Report
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14 Mr. Feingold said that as of August 13, the City of South
15 Miami has applied to the IRS and has fully disclosed the facts
16 and circumstances surrounding the bond crises. He said that the
17 City did not act with any wrongful intent, a fact that should be
18 taken into consideration by the IRS.
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20 In the SEC matter, the first two depositions have been
21 taken on Monday, one from former City Attorney Figueredo, and
22 the other from former Finance Director Matilde Menendez. Both of
23 these investigations will proceed at the pace as determined by
24 the government authorities.
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26 With no further comments the City Attorney's Report ended.
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29 (5 minutes)
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31 David Tucker Sr. addressed the Commission as he always does
32 with eloquent words of wisdom. Mayor Stoddard took the
33 opportunity to congratulate him on his 91st birthday he recently
34 celebrated, and a cake was presented to him.
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36 Gray Read informed the Commission about the status of the
37 Community Garden and about the possibility of installing it at
38 the Old Inspection Station site.
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40 Javier Banos addressed the Commission about the
41 availability of health insurance options for City employees. He
42 also spoke about how tax increase could affect people who are
43 being impacted by the economic crisis.
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45 Brad Cassel also referred to the health insurance meeting
46 for City employees, saying that not enough backup information
CITY COMMISSION MINUTES 4
August 17, 2010
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BTgq
was presented to the Commission for them to make a good
decision.
Beth Schwartz referred to the minutes of the previous
meeting of the Commission, saying for clarification that the
location for the striping she was asking on a loading zone
should be 70th Street and 62nd Avenue.
Sharon McCain spoke about the health insurance for City
employees. She then referred to different issues relating to
items which in her opinion were presented to the Commission
without proper backup.
Marice Chael spoke about the proposal for allowing
community gardens to be installed in the TODD district as a
permitted use. She also referred to charter schools and the need
for planning more transit - oriented communities where people
would walk and ride bikes, all within the character of South
Miami.
John Edward Smith commended the Budget and Finance
Committee for the fine report. He then referred to a parking
RFP.
With no further speakers the public remarks section was
closed.
3. Commission Reports, Discussion & Remarks (25 minutes)
Vice Mayor Newman
Referred to certain
at the July 27th meeting
changing the Future land
She questioned as to why
agenda. Mr. Vageline said
not happen again.
Commissioner Harris
ordinances approved on first reading
regarding amending the Comp Plan by
Category on three parks in the City.
those ordinances where not on this
that he will make sure that this will
Recommended raising the thermostat in order to save energy.
He also encouraged the public to recycle.
Commissioner Beasley
Reminded about the bookbag giveaway at the Community
Center.
CITY COMMISSION MINUTES
August 17, 2010
5
Da
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1 Mayor Stoddard
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3 Said that the City will be pursuing an interlocal agreement
4 with our sister cities along the proposed transmission corridor
5 which will be discussed at a future special meeting. He also
6 informed about a Pension Ad Hoc Committee meeting to be held
7 September 2, 2010 at 7:00 p.m. The Mayor then referred to a
8 safety plan he wrote to be sent to the Nuclear Regulatory
9 Commission regarding the new proposed 6 and 7 reactors for
10 Turkey Point, explaining that the safety plan in place by Miami -
11 Dade County is by no means adequate to protect public safety and
12 among other things, he said that the evacuation will not work as
13 ,planned.
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15 Commissioner Palmer
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17 Regarding the issue on nuclear reactors she said that she
18 checked with expert engineers in the field and found that the
19 iodine pills will not work for everybody because there are
20 different types of radiation, and that there is also the danger
21 of being allergic to iodine.
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23 With no further comments this section was closed.
24
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26 (BEGINNING OF CONSENT)
ari
28 162 -10 -13196
29 S. A Resolution of the Mayor and City Commission of the
30 City of South Miami, Florida authorizing the Acting
31 City Manager to accept a donation of $345.00 from CE
32 North America, LLC, increasing the expenditure line
33 item for Cheerleading (001- 2000 - 572 - 5631), by $345.00,
34 through account number 001 - 0000 - 366- 91 -00, "Donation
35 Account "; providing for an effective date. 3/5
36 (Acting City Manager)
37
38 163 -10 -13197
39 6. A resolution of the Mayor and City Commission of the
40 City of South Miami, Florida, relating to boards and
41 committees; appointing James Adt to serve on the
42 Citizens Advisory Group (Urban Landscape) for an
43 unexpired term ending April 18, 2012; and providing an
44 effective date. 3/5
45 (City Commission)
EAff
CITY COMMISSION MINUTES 6
August 17, 2010
m1a f t�
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164 -10 -13198
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7.
A Resolution of the Mayor and City Commission of the
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City of South Miami, Florida appointing Buck Reilly as
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the City of South Miami representative to the Miami -
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Dade Office of Community Image Advisory Board (CIAB) ;
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providing for an effective date. 3/5
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(Mayor Stoddard)
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165 -10 -13199
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8.
A resolution of the Mayor and City Commission of the
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City of South Miami, Florida, relating to boards and
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committees; appointing Ana D. Sanchez to serve on the
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South Miami Community Redevelopment Agency (SMCRA)
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Board for a two -year term ending August 16, 2012; and
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providing an effective date. 3/5
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(Mayor Stoddard)
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166 -10 -13200
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9.
A resolution of the Mayor and City Commission of the
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City of South Miami, Florida, declaring the policy of
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the City to encourage and promote community gardens
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within the City; providing an effective date. 3/5
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(Commissioner Harris)
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167 -10 -13201
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10.
A Resolution of the Mayor and City Commission of the
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City of South Miami, Florida, relating to budget;
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authorizing a transfer of $25,000.00 from account No.
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001 -1790- 519 -6440, Public Works Capital Improvements,
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settlements to account No. 001 -1410- 513 -3450, Finance
31
Contractual Services; providing and effective date.3 /5
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(Acting City Manager)
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168 -10 -13202
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11.
A Resolution of the Mayor and City Commission of the
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City of South Miami, Florida, authorizing the Acting
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City Manager to engage Keefe, McCullough & Co., LLP
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for an amount not to exceed $25,000 to perform a
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special audit of the city owned parking garage located
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at 5829 SW 73�d Street; and providing an effective
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date. 3/5
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(Acting City Manager)
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44
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
45 the motion to approve the Consent Agenda passed by a 5 -0 vote:
46
CITY COMMISSION MINUTES 7
August 17, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
(END OF CONSENT)
RESOLUTION (S)
Yea
Yea
Yea
Yea
Yea
169 -10 -13203
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to issue an RFQ for City's Financial
Advisor to analyze the City's financial position with
respect to bond re- financing; and providing an
effective date. 3/5
(City Attorney)
Moved by Commissioner Beasley, seconded by Commissioner
Palmer to approve this item.
At this time Mr. Montalbano was invited to address the
Commission. He advised, among other things, that if the
Commission decides to go for an RFP, to make sure that the
scope of services is to hire someone that will review all of
the City's outstanding debts, and to take a look at the
financial statements for the year ending 2008 because that is
all that is available.
The Commission discussed with the Finance Director the
possibility of going for an RFQ. Finally, the consensus of the
Commission was to go for an RFQ in order to be consistent.
Moved by Commission Beasley to substitute the original
resolution as amended in order to issue an RFQ. Seconded by
Commissioner Palmer the substitute motion passed by a 5 -0 vote:
CITY COMMISSION MINUTES
August 7.7, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
1 RESOLUTION (S) PUBLIC HEARING (S)
VA
3 173 -10 -13207
4 13. A Resolution of the Mayor and City Commission of the
5 City of South Miami, Florida, relating to financial
6 audit services, authorizing the Acting City Manager to
7 hire a new financial auditor and execute a two -year
8 audit contract with the audit firm of Keefe, McCullough
9 & CO. LLP., with the option to renew for one year, if
10 so desired by the City, and providing for an effective
11 date. 3/5
12 (Acting City Manager)
13
14 At this time the public hearing was opened.
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16 Bradley Cassel addressed the Commission as a member of the
17 Audit Committee and in support of the Resolution. He said for
18 the record that this is the first time that a process has been
19 followed in compliance with Florida Statutes.
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21 Sharon McCain also spoke in support of the Resolution.
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23 With no further speakers the public hearing was closed.
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25 Mr. Benson with Keefe, McCullough & CO. addressed the
26 Commission; he then said that they expect to have a finalized
27 report no later than February 2011 which will be in advance of
28 the March 31st deadline.
29
30 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
31 the motion to approve this item passed by 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 At this time the Mayor announced a 5- minute recess.
M e s c
43
44 14. An Ordinance of the Mayor and City Commission of the
45 City of South Miami, Florida amending the South Miami
46 Code of Ordinances by adding Section 7 -17 entitled
47 "Type of Construction Required of All Principal
CITY COMMISSION MINUTES 9
August 17, 2010
m1a t!
1 Buildings" and Section 7 -18 entitled "Staging of
2 construction and damage to public property, rights -o£-
3 way, alleys or easements and trees and landscaping" to
4 Chapter 7 "Buildings" in order to list the types of
5 construction allowed and prevent damage to public
6 property; providing for severability; providing for
7 ordinances in conflict; and providing for an effective
8 date. (Deferred 7120110) 3/5
9 (Acting City Manager)
10
11 Moved by Commissioner Palmer; seconded by Mayor Stoddard
12 to approve this item.
13
14 To answer Mayor Stoddard's question, Mr. Vageline explained
15 that since this item is not in the Land Development Code, it is
16 not required to be reviewed by the Planning Board or the
17 Environmental Review and Preservation Board (ERPB). The item was
18 brought up to the boards just for comments and input.
19
20 The consensus of the Commission was that the item should go
21 back to the Planning Board for a careful review for them to
22 provide recommendations. Vice Mayor Newman pointed out that
23 there is conflicting language in the Code and urged staff to go
24 line by line to make sure that language is consistent with other
25 codes.
26
27 Moved by Mayor Stoddard to defer this item until the
28 Planning Board is able to review it and bring it back with the
29 assurance that it is consistent with existing ordinances.
30 Seconded by Commissioner Palmer the motion passed by a 5 -0
31 vote:
32 Commissioner Palmer: Yea
33 Vice Mayor Newman: Yea
34 Commissioner Beasley: Yea
35 Commissioner Harris: Yea
36 Mayor Stoddard: Yea
37
38 15. An Ordinance of the Mayor and City Commission of the
39 City of South Miami, Florida amending the South Miami
40 Code of Ordinances by amending Chapter 10a Floods
41 Article 2 Definitions "Manufactured home "; providing
42 for severability; providing for ordinances in conflict;
43 and providing for an effective date. 3/5
44 (Deferred 7120110)
45 (Acting City Manager)
46
CITY COMMISSION MINUTES 10
August 17, 2010
1 Moved by Mayor Stoddard to defer this item until the
2 Planning Board is able to review it and bring it back with the
3 assurance that it is consistent with existing ordinances.
4 Seconded by Commissioner Palmer the motion passed by a 5 -0
5 vote:
6
7 Commissioner Palmer: Yea
8 Vice Mayor Newman: Yea
9 Commissioner Beasley: Yea
10 Commissioner Harris: Yea
11 Mayor Stoddard: Yea
12
13
14 16. An Ordinance of the Mayor and City Commission of the
15 City of South Miami, Florida, amending the Land
16 Development Code Section 20 -8.9 entitled "Special
17 exceptions" in order to set a time limit for commencing
18 a development project which has been granted a special
19 exception in a Transit Oriented Development District
20 (TODD); providing for severability; providing for
21 ordinances in conflict; and providing an effective
22 date. 3/5
23 (Acting City Manager)
24
25 Moved by Commissioner Beasley, seconded by Mayor Stoddard.
26
27 With no further comments the motion to approve this item
28 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 17. An Ordinance of the Mayor and City Commission of the
37 City of South Miami, Florida, to amend Section 20 -6.1
38 (a)(3) of the Land Development Code entitled
39 "Administrative Entities -City Commission" in order to
40 revise provisions related to the vote requirement of
41 the City Commission on ordinances and resolutions
42 pertaining to the land use and development regulations
43 in order to make the voting requirement consistent with
44 the Charter Amendment adopted November 4, 2008 and with
45 the interpretation of the Charter Amendment as set
46 forth in Resolution No. 53 -10- 13087; providing for
CITY COMMISSION MINUTES 1 1
August 17, 2010
t-
1 severability; providing for ordinances in conflict; and
2 providing an effective date. 3/5
3 (Acting City Manager)
4
5 Moved by Commissioner Beasley, seconded by Mayor Stoddard.
6
7 Mr. Youkilis explained that the purpose of this item is
8 just to correct the Land Development Code to make sure that it
9 is consistent with the Charter.
10
11 With no further comments, the motion to approve this item
12 passed by a 5 -0 vote:
13
14 Commissioner Palmer: Yea
15 Vice Mayor Newman: Yea
16 Commissioner Beasley: Yea
17 Commissioner Harris: Yea
18 Mayor Stoddard: Yea
19
20
21 18. An Ordinance of the Mayor and City Commission of the
22 City of South Miami, Florida, to amend Section 20 -3.3
23 (D) of the Land Development Code entitled "Permitted
24 Use Schedule" in order to: change the existing "School,
25 Elementary or Secondary" use category and the existing
26 "School, Vocational" use category from "P" Permitted
27 use category to "S" Special Use category; to create a
28 new use type entitled "School, Private or Charter" with
29 all development in the new "School, Private or Charter"
30 use category being classified as an "S" Special Use;
31 and amending Section 20 -3.4 entitled "Special Use
32 Conditions" in order to set forth general and special
33 requirements applicable to all three school use
34 categories; providing for severability; providing for
35 ordinances in conflict; and providing an effective
36 date. 3/5
37 (Mayor Stoddard)
38
39 Moved by Commissioner Beasley, seconded by Mayor Stoddard
40 to approve this item.
41
42 Vice Mayor Newman expressed concern with this ordinance,
43 saying that for one thing, there should be limitation on
44 enrollment.
45
46 Mayor Stoddard said that another thing that must be taken
47 into consideration is traffic, and it has not been placed as a
CITY COMMISSION MINUTES 12
August 17, 2010
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1 condition, the stipulation that there will be a traffic study
2 about the impact on the neighborhood. He also referred to the
3 after - school activities after 7:00 p.m., and that the language
4 should indicate a limit of 10:00 P.M. on weeknights and 11:00
5 p.m. on Fridays and Saturdays to allow for school dances. He
6 said that the focus should be on neighborhood impacts;
7 therefore, school size and traffic are really the two things
8 that have to be addressed.
9
10 The Commission also discussed the importance for charter
11 schools located in our City to accept students residing within
12 our community.
13
14 Mayor Stoddard recommended sending the ordinance back to
15 the Planning Board for addressing: (1) a request for a traffic
16 study; (2) target population with respect to means of how to
17 get there; and (3) understanding the intended capacity of the
18 school.
19
20 Commissioner Palmer expressed concern as to how would the
21 City monitor or enforce how people will get to the school. She
22 recommended for the Planning Board to get information regarding
23 charter schools from the School Board.
24
25 With no further comments, the motion to defer this item to
26 go back to the Planning Board for review, passed by a 5 -0 vote:
27
28 Commissioner Palmer: Yea
29 Vice Mayor Newman: Yea
30 Commissioner Beasley: Yea
31 Commissioner Harris: Yea
32 Mayor Stoddard: Yea
33
34
35 19. An Ordinance of the Mayor and City Commission of the
36 City of South Miami, Florida, to amend Section 20-
37 5.16(F) of the Land Development Code entitled "Unity
38 of Title submittal procedures" in order to remove all
39 references to a Declaration of Restrictive Covenants in
40 Lieu of Unity of Title and subsection 20- 5.16(F)
41 entitled "Required provisions to be included in the
42 Declaration of Restrictive Covenants in Lieu of Unity
43 of Title "; amending Section 20 -7.30 (A) and Section 20-
44 8.16 (A) to remove all references to a Declaration of
45 Restrictive Covenants in Lieu of Unity of Title;
46 providing for severability; providing for ordinances in
47 conflict; and providing an effective date. 3/5
48 (Mayor Stoddard)
CITY COMMISSION MINUTES 13
August 17, 2010
1 PTEN
2 Moved by Commissioner Beasley, seconded by Mayor Stoddard
3 to approve this item.
4
5 With some further comments, the motion to approve this
6 item passed by a 5 -0 vote:
7
8 Commissioner Palmer: Yea
9 Vice Mayor Newman: Yea
10 Commissioner Beasley: Yea
11 Commissioner Harris: Yea
12 Mayor Stoddard: Yea
13
14 At this time the Commission unanimously voted to include
15 all add -on items on the agenda.
16
17 RESOLUTION (S)
18
19
20 170 -10 -13204
21 20. A resolution of the Mayor and City Commission of the
22 City of South Miami, Florida, relating to boards and
23 committees; appointing Kate Reilley, to serve on the
24 Pension Board for an unexpired term ending April 18,
25 2012; and providing an effective date. 3/5
26 (Mayor Stoddard)
27
28 Moved by Commissioner Beasley, seconded by Commissioner
29 Harris to approve this item.
30
31 With no further comments, the motion to approve this item
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
41 171 -10 -13205
42 21. A Resolution of the Mayor and City Commission of the
43 City of South Miami, Florida, authorizing the City
44 Manager to renew the contract with AvMed to provide
45 group health insurance for City of South Miami full
46 time employees to be charged to the departmental
CITY COMMISSION MINUTES 14
August 17, 2010
jlaTt�
I account numbers respectively; providing and effective
2 date. 3/5
3 (Acting City Manager)
4
5 Moved by Commissioner Beasley, seconded by Commissioner
6 Palmer to approve this item.
7
8 The Commission discussed option 3 which provides benefits
9 at the same cost as the City now pays while increasing employee
10 costs on a number of categories, such as with the deductible,
11 raising it from $250 to $500.
l2_
13 Vice Mayor Newman said that what the Commission had
14 requested was to come back with a plan that further reduced
15 that as well as the payment.
16
17 At this time, the City's Agent Jean Bynum addressed the
18 Commission.
19
20 After discussion among the Commission regarding the
21 proposal, Mr. Witt referred to the contract with the PEA which
22 provides that the City agrees to pay for HMO health insurance
23 for all employees covered by the agreement.
24
25 Moved by Commissioner Beasley to extend the meeting after
26 11:00 p.m. Seconded by Mayor Stoddard, the motion passed by a
27 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
36 With some further comments, the motion to approve this
37 item selecting Option 3 for medical care, and to approve the
38 item as a whole passed by a 5 -0 vote:
39
40 Commissioner Palmer: Yea
41 Vice Mayor Newman: Yea
42 Commissioner Beasley: Yea
43 Commissioner Harris: Yea
44 Mayor Stoddard: Yea
45
46
47 22. A Resolution of the Mayor and City Commission of the
48 City of South Miami, Florida, authorizing the City
CITY COMMISSION MINUTES 15
August 17, 2010
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Manager to enter into a contract with Standard
Insurance to provide Life /Accidental Death and
Dismemberment insurance for City of South Miami full -
time employees. To be charged to departmental account
numbers respectively; providing for an effective date.
(Acting City Manager) 3/5
Moved by Commissioner Beasley, seconded by Vice Mayor
Newman to approve this item.
After some discussion regarding this proposal, the
Commission decided to defer this item to be heard at a special
meeting.
Moved by Mayor Stoddard, to defer this item to a Special
Meeting scheduled for Thursday, August 19, 2010 at 7:30 p.m.
Seconded by Vice Mayor Newman, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
23. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to renew the contract with Humana /CompBenefits
to provide group dental and vision insurance for City
of South Miami full time employees to be charged to
departmental account numbers respectively; Providing an
effective date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to defer this item to a Special Meeting scheduled
for Thursday, August 19, 2010 at 7:30 p.m. passed by a 5 -0
vote:
CITY COMMISSION MINUTES
August 17, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
16
mof t�
1 24. A Resolution of the Mayor and City Commission of the
2 City of South Miami, Florida, authorizing the City
3 Manager to enter into a contract with Standard
4 Insurance to provide Long Term Disability insurance for
5 City of South Miami full -time employees. To be charged
6 to departmental account numbers respectively; providing
7 for an effective date. 3/5
8 (Acting City Manager)
9
10 Moved by Commissioner Beasley, seconded by Commissioner
11 Harris, the motion to defer this item to a Special Meeting
12 scheduled for Thursday, August 19, 2010 at 7:30 p.m. passed by
13 a 5 -0 vote:
14
15 Commissioner Palmer: Yea
16 Vice Mayor Newman: Yea
17 Commissioner Beasley: Yea
18 Commissioner Harris: Yea
19 Mayor Stoddard: Yea
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21
22 ORDINANCE (S) SECOND READING PUBLIC HEARING (3)
23
24 17 -10 -2042
25 25. An Ordinance of the Mayor and City Commission of the
26 City of South Miami, Florida, proposing to the City's
27 electors amendments to Articles III and VI of the
28 City's Charter to provide that all department directors
29 appointed by the City Manager shall be subject to the
30 approval or rejection by the City Commission; providing
31 for the proposed amendment to be submitted to the
32 City's electors at the next General Election of
33 November 2, 2010; providing ballot language; directing
34 the City Clerk to take all necessary actions to carry
35 out the provisions of this ordinance; providing an
36 effective date for the amendment and directing the City
37 Clerk to incorporate the amendment into the charter and
38 to file the revised Charter with the Florida Department
39 of State; providing for severability, conflict, and an
40 effective date. 3/5
41 (Mayor Stoddard)
42
43 Moved by Commissioner Beasley, seconded by Mayor Stoddard
44 to approve this item.
45
46 At this time the public hearing was opened.
CITY COMMISSION MINUTES 17
august 17, 2010
t-
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Sharon McCain, Yvonne Beckman and Bradley Cassel addressed
3
the Commission in support of this item.
4
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Donna Shelley addressed the Commission
against the
6
proposed Charter amendment.
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With no further speakers the public hearing
was closed.
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Commissioner Palmer said that she is totally
against this
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proposed Charter amendment. Among other things,
she said that
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giving government so much power is dangerous.
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Commissioner Beasley concurring with Commissioner
Palmer
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also spoke against the proposed Charter amendment. He then
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offered to defer this item.
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An amendment to the ordinance was recommended
by the
19
Department of Elections in order to comply
with Florida
20
Statutes which limits the title question to 15 words.
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Moved by Commissioner Beasley, seconded by Commissioner
23
Palmer, the motion to defer this item failed by a
2 -3 vote:
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Commissioner Palmer:
Yea
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Vice Mayor Newman:
Nay
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Commissioner Beasley:
Yea
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Commissioner Harris:
Nay
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Mayor Stoddard:
Nay
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31
Moved by Mayor Stoddard, seconded by Vice
Mayor Newman,
32
the motion to amend the ordinance to reduce the
title to 15
33
words or less passed by a 4 -1 vote:
34
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Commissioner Palmer:
Nay
36
Vice Mayor Newman:
Yea
37
Commissioner Beasley:
Yea
38
Commissioner Harris:
Yea
39
Mayor Stoddard:
Yea
40
41
With no further comments, the motion to approve this item
42
as amended passed by a 3 -2 vote:
43
44
Commissioner Palmer:
Nay
45
Vice Mayor Newman:
Yea
46
Commissioner Beasley:
Nay
47
Commissioner Harris:
Yea
48
Mayor Stoddard:
Yea
CITY COMMISSION MINUTES 18
August 17, 2010
llaTt!
1 RESOLUTION (S) PUBLIC HEARING (S)
2 (CONTID)
3
4 172 -10 -13206
5 26. A Resolution of the Mayor and City Commission of the
6 City of South Miami, Florida relating to the issuance
7 of a Certificate of Appropriateness pursuant to Section
8 20- 5.19(E) (3) of the Land Development Code to permit
9 exterior renovation on a designated historic single
10 family building located at 6118 SW 56 Street (Miller
11 Drive)in the Cambridge Lawns Historic District;
12 providing an effective date. 3/5
7.3 (Acting City Manager)
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15 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
16 approve this item.
17
18 With no further comments, the motion to approve this item
19 passed by a 5 -0 vote:
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21 Commissioner Palmer: Yea
22 Vice Mayor Newman: Yea
23 Commissioner Beasley: Yea
24 Commissioner Harris: Yea
25 Mayor Stoddard: Yea
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27
S � �
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30 27. An ,Ordinance of the Mayor and City Commission of the
31 City of South Miami, Florida, amending the South Miami
32 Code of Ordinances by creating Chapter 19A "Towing
33 Regulations ", regulating towing within the City;
34 providing for conflict, severability and an effective
35 date. (Approved 13' Reading 07/27/10) 3/5
36 (Commissioner Beasley)
37
38 28. An Ordinance of the Mayor and City Commission of the
39 City of South Miami, Florida relating to Article III
40 "Boards and Committees" of the Code of Ordinances,
41 amending Parks and Recreation Board section 2 -26.3 (a)
42 and (c) by increasing the number of voting members
43 from seven (7) to nine (9) ; updating appointment of
44 membership to comply with Charter amendment approved by
45 the voters at the February 9, 2010 General and Special
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Election; and, by amending the quorum; providing for
severability, ordinances in conflict, and an effective
date. 3/5
(Mayor Stoddard)
29. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20 -3.3
(D) of the Land Development Code entitled "Permitted
Use Schedule" in order to change the Group Home I use
category from a "P" Permitted use category to the "S"
Special Use category; and amending Section 20 -3.4
entitled "Special use conditions" in order to set forth
general and special requirements applicable to Group
Home I uses; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
30. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-
5.19(E)(3) of the Land Development Code entitled
"Certificates of Appropriateness" in order to modify
subsection (3) to provide that decisions of the
Historic Preservation Board on certificates of
appropriateness to be final; and providing for an
appeal of any decisions on certificates of
appropriateness to be made to the City Commission;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(Acting City Manager)
There being no further business to come before this Body,
the meeting adjourned at 12:03 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
August 17, 2010
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Approved
Philip K. Stoddard
Mayor