1aM1
1 City of South Miami
2 Regular City Commission Minutes
3 September 7, 2010
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, September 7, 2010, beginning at
7:19 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)
A "Thank You" presentation by US Census Bureau - Atlanta
Reaional Census Center.
A delegation of the US Census Bureau from Atlanta addressed
the Commission with information about the Census and also
presented a plaque recognizing the City's participation and
cooperation with the Bureau.
Proclamation for Alzheimer's Memory Walk
No representative was present to receive the proclamation.
With no further presentations this section was closed.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
CITY COMMISSION MINUTES
September 7, 2010
llaTt!
1 Minutes of August 5, 12, 17, 2010
2
3 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
4 the motion to approve the minutes of August 5, 12 and 17, 2010
5 passed as amended by a 5 -0 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 2. City Manager's Report (25 minutes)
14
15 Personnel
16 -Carol Aubrun, Grants Manager resigned
17 - Option to use contract for Grant applications being considered
18 -Police Chief Hiring Process
19 -Panel interviews of seven of eight semi - finalists conducted
20 -Panel consisted of three senior police officers;
21 - Awaiting Permanent City Manager selection
22
23 Project Updates
24 PW
25 -Traffic Calming - Pinecrest Villas plan received. New workshop
26 date of 9 Sep is being advertised.
27 -Murray Park Pool Design /Build RFP pre - proposal Conference took
28 place on 20 Aug. Proposals will be received on 10 Sep. Due date
29 had to be moved a week later in order to answer the volume of
30 questions.
31 -Pool Operations /Consultant RFP sent to Purchasing on 1 Sep
32 -Larkin Hospital Easement - M -D County approved the plan. Green
33 Task Force has proposed changes which we will try to incorporate
34 during execution.
35 -SW 66th St. Improvements Ph II - Met with consultant 19 Aug to
36 review all comments. 100% design to be completed in mid Sep.
37 -South Miami Metro Pedestrian Crossing
38 - Meeting held 13Aug
39 •$1.5M has been re- allocated to the City of South Miami per
40 letter dated April 14, 2010 from Miami -Dade Transit to FDOT.
41 -Met with Fausto Gomez 16 Aug - He indicated that the City could
42 take advantage of such as: FRDAP, FMSP and the Stormwater loan
43 funding.
44
45 Project Updates
46 Various Depts
47
48 -Marshall Williamson Park Restroom RFP release this week (CRA).
CITY COMMISSION MINUTES 2
September 7, 2010
1 - Proposals due 9 Sep.
2 Public Works has been providing technical assistance to the CRA
3 on this project.
4 -Demolition of six unsafe buildings waiting schedule from M -D
5 County
6 - Further County requirements being staffed
7
8 Planning Items on Agenda
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10 •Item 5: LDC Amendment - Change Group I Homes from "P" to "S ",
11 Special Use. Responds to concerns expressed by Commissioners
12 and residents.
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14 •Item 6: LDC Amendment - Historic Board will make final decision
15 on Certificates of Appropriateness with appeal to City
16 Commission. Streamlines process of getting permits for historic
17 buildings.
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19 -Item 9: Banner over street request Komen Race for the Cure on
20 Oct. 16, 2010; Sponsor Team Foot Works.
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22 Planning Items
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24 •Item 24: LDC Zoning Map Amendment (re- zoning) Places historic
25 overlay zone over Bougainvillea Tavern. Recommended by
26 Historic Preservation Board to protect a building.
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28 •Item 25: Comprehensive Plan Future Land Use Map Amendment for
29 All America Park- changes the category from Single Family
30 Residential to Parks and Open Space. Keeps map up to date; adds
31 to City's park acreage.
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33 •Item 26: Comprehensive Plan Future Land Use Map Amendment for
34 Van Smith Park- changes the category from Single Family
35 Residential to Parks and Open Space. Keeps map up to date; adds
36 to City's park acreage.
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38 •Item 27: Comprehensive Plan Future Land Use Map Amendment for
39 Dison Park- changes the category from Single Family Residential
40 to Parks and Open Space. Keeps map up to date; adds to City's
41 park acreage.
42
43 •Item 28: Comprehensive Plan Future Land Use Map Amendment for
44 Rothan single family home- changes the category from Educational
45 to Single Family Corrects map error made in 1989; protects
46 abutting homes.
47
CITY COMMISSION MINUTES 3
September 7, 2010
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•Item 29: LDC Amendment - Changes the voting requirement on land
use and zoning ordinances to match the requirement in Charter.
Corrects a section of the LDC to match what is in the Charter.
-Item 30: LDC Amendment - Changes a section of Code requiring a
unity of title. Requested by City Attorney, removes an
unnecessary alternative to a Unity of Title.
•Item 31: LDC Amendment - Revision mandates that an approved
special exception in a TODD zone must be implemented within a
set time period. Responds to concerns expressed by Commissioners
and residents.
Comprehensive Plan
PLNG & ZON
-Update amendments continue at Planning Board
- Murray Park Pool: change to Parks and Open Space from Mixed
Commercial - 21 Sep Agenda
-Comm. Gardens (Insp Station) : change to "Permitted Use" in the
Transit (TODD) District to allow garden - 21 Sep agenda
- 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 approved by the Planning
Board Aug 31.
- Amendment to Comp Plan creating low density residential land
use for CRA Williamson project on Local Planning Agency agenda 9
Sep
Energy Efficiency Study
-Green Task Force request
-Contactor proposal received:
-City Hall and Planning Dept
- Currently un- funded
•FPL energy audit began 1 Sep
$4,980 for 10 day analysis
Building
Note that Public Works already replaced the lighting in
the chambers with energy efficient bulbs and currently
addressing the lighting in the clerk's office.
Farmers Market/ Garden
PW, PLNG & ZON, Hosp, GTF
-Farmers' Market Bidders Conference held 30 Aug.
-Three proponents attended.
CITY COMMISSION MINUTES
September 7, 2010
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- Proposals are due on
10 Sep
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•CRA funds confirmed
for asphalt removal
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Other Topics
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-Cardenas & Partners,
Washington, DC
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- Contract termination
vs. cost reduction to $2,500 /mo.
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-Parking BAFO
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-Auction Take Home vehicles
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-Red Light Cameras
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With no further
comments the City Manager's Report ended.
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3. City Attorney's
Report
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With no further
comments the City Attorney's Report ended.
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22 PUBLIC REMARKS
23 (5 minutes)
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25 David Tucker Sr. addressed the Commission about the budget
26 process.
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28 Wayne Gross spoke about the notice of violation he has been
29 given because his house needs to be painted.
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31 Bob Welsh made recommendations in order to avoid having to
32 paint a house, such as by putting keystone on them or by
33 planting Metrorail ivy. He then referred to the halfway houses
34 on 63rd Court, saying that neighbors are concerned with what goes
35 on there.
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37 Paul Young said that it was an excellent idea to have held
38 a reception on last Thursday's evening to give the residents an
39 opportunity to interact with the two finalists for the position
40 of City Manager.
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42 Dick Ward urged to support the item on the agenda
43 increasing the membership of the Park and Recreation Board.
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45 Mathew Ridgely addressed the Commission with concern
46 regarding item no. 27 on the agenda relating to Van Smith Park.
47 He said that the residents have not been given the opportunity
48 to express their opinions about the future of that property.
CITY COMMISSION MINUTES 5
September 7, 2010
m1a f t!
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2 Donna Shelley complimented the Commission for the good job
3 they have done in the search for a new City Manager. She then
4 spoke in support of the item on the agenda relating to the
5 Bougainvillea Tavern.
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7 Shirl Cornwall addressed the Commission regarding problems
8 that he has had with our Police Department relating to a
9 domestic violence charge going back a few years.
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11 Tami Gautier also referred to the Van Smith Park, saying
12 that the neighbors had many unanswered questions and urged the
13 Commission to table the item until they have a chance to get the
14 answers regarding their concerns.
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16 Levy Kelly spoke in support of the Police force of the
17 City. He also referred to the selection process for the position
18 of City Manager. He then spoke with concern about recent
19 killings within the City.
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21 Van Smith addressed the Commission about the Park saying
22 that he did not understand why residents would have concerns
23 about the Park.
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25 Julia Frow also referred to the Van Smith Park, saying that
26 the parking situation and the privacy of the neighborhood are
27 things that need to be addressed.
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29 Gray Read reminded the Commission about next Wednesday's
30 Workshop regarding to the proposed Master Green Plan.
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32 Mike McCoe spoke in support of the Park, saying that there
33 is plenty of parking spaces and that the Park is a nice place to
34 visit.
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36 At this time the Mayor announced a 5- minute recess.
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39 3. Commission Reports, Discussion & Remarks (25 minutes)
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41 The Commission spoke about the selection process for the
42 position of City Manager.
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44 Vice Mayor Newman said that it is the responsibility of the
45 Commission to select the best possible person to resolve the
46 issues that the City may have and to make sure that the
47 residents feel safe, and she said that she believes that they
48 have made the best choice.
CITY COMMISSION MINUTES 6
September 7, 2010
1 pTgq
2 Commissioner Palmer disagreed with the selection process as
3 conducted and that is why she did not wish to participate in it.
4 She continued to speak against what she believes to be wrong
5 with the style of the new Commission, and as she began to get
6 agitated, Vice Mayor Newman made a motion to sanction
7 Commissioner Palmer. Seconded by Mayor Stoddard, the motion
8 passed by a 4 -1 vote:
9
10 Commissioner Palmer: Nay
11 Vice Mayor Newman: Yea
12 Commissioner Beasley: Yea
13 Commissioner Harris: Yea
14 Mayor Stoddard: Yea
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16 Mayor Stoddard clarified for the record that they obtained
17 the background check for Dr. Mirabile and that he is clean.
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19 Commissioner Beasley said that the process for the City
20 Manager's search began in May, and that they all had the
21 opportunity to make sure that the right person be selected.
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23 With no further comments this section was closed.
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25
26 ORDINANCE (S) FIRST READING
27
2_8
29 5. An Ordinance of the Mayor and City Commission of the
30 City of South Miami, Florida, to amend Section 20 -3.3
31 (D) of the Land Development Code entitled "Permitted
32 Use Schedule" in order to change the Group Home I use
33 category from a "P" Permitted use category to the "S"
34 Special Use category; and amending Section 20 -3.4
35 entitled "Special use conditions" in order to set forth
36 general and special requirements applicable to Group
37 Home I uses; providing for severability; providing for
38 ordinances in conflict; and providing an effective
39 date. 3/5
40 (Acting City Manager)
41
42 Moved by Commissioner Beasley, seconded by Mayor Stoddard
43 to approve this item.
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45 Mr. Vageline clarified that the proposed ordinance would
46 not be retroactive.
47
CITY COMMISSION MINUTES 7
September 7, 2010
m1a t!
1 With no further comments, the motion to approve this item
2 passed by a 4 -0 vote:
3
4 Commissioner Palmer: Absent
5 Vice Mayor Newman: Yea
6 Commissioner Beasley: Yea
7 Commissioner Harris: Yea
8 Mayor Stoddard: Yea
9
10
11 6. An Ordinance of the Mayor and City Commission of the
12 City of South Miami, Florida, to amend Section 20-
13 5.19(E)(3) of the Land Development Code entitled
14 "Certificates of Appropriateness" in order to modify
15 subsection (3) to provide that decisions of the
16 Historic Preservation Board on certificates of
17 appropriateness to be final; and providing for an
18 appeal of any decisions on certificates of
19 appropriateness to be made to the City Commission;
20 providing for severability; providing for ordinances in
21 conflict; and providing an effective date. 3/5
22 (Acting City Manager)
23
24 Moved by Commissioner Beasley, seconded by Mayor Stoddard
25 to approve this item.
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27 With no further comments, the motion to approve this item
28 passed by a 4 -0 vote:
29
30 Commissioner Palmer: Absent
31 Vice Mayor Newman: Yea
32 Commissioner Beasley: Yea
33 Commissioner Harris: Yea
34 Mayor Stoddard: Yea
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36 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
37
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18 -10 -2043
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7. An Ordinance
of the Mayor and City Commission
of the
41
City of South
Miami, Florida, amending the South Miami
42
Code of Ordinances by creating Chapter 19A
"Towing
43
Regulations ",
regulating towing within the
City;
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providing for
conflict, severability and an effective
45
date.
(Approved 1" Reading 07/27/10)
3/5
46
(Commissioner Beasley)
CITY COMMISSION MINUTES 8
September 7, 2010
m1a t!
2 Moved by Commissioner Beasley, seconded by Mayor Stoddard
3 to approve this item.
4
5 At this time the public hearing was opened.
6
7 Sharon McCain said that we used to have a towing ordinance
8 and she wanted to know whether we presently have a contract with
9 a towing company and whether the City will be putting out an
10 RFP. She finally said that she does not see the purpose for this
11 ordinance.
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13 With no further speakers the public hearing was closed.
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15 With some further comments, the motion to approve this item
16 passed by a 5 -0 vote:
17
18 Commissioner Palmer: Yea
19 Vice Mayor Newman: Yea
20 Commissioner Beasley: Yea
21 Commissioner Harris: Yea
22 Mayor Stoddard: Yea
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24 19 -10 -2044
25 8. An Ordinance of the Mayor and City Commission of the
26 City of South Miami, Florida relating to Article III
27 "Boards and Committees" of the Code of Ordinances;
28 amending Parks and Recreation Board section 2 -26.3 (a)
29 and (c) by increasing the number of voting members
30 from seven (7) to nine (9) ; updating appointment of
31 membership to comply with Charter amendment approved by
32 the voters at the February 9, 2010 General and Special
33 Election; and, by amending the quorum; providing for
34 severability, ordinances in conflict, and an effective
35 date. 3/5
36 (Mayor Stoddard)
37
38 Moved by Commissioner Beasley, seconded by Mayor Stoddard
39 and with no further comments the motion to approve this item
40 passed by a 5 -0 vote:
590
42 Commissioner Palmer: Yea
43 Vice Mayor Newman: Yea
44 Commissioner Beasley: Yea
45 Commissioner Harris: Yea
46 Mayor Stoddard: Yea
CITY COMMISSION MINUTES 9
September 7, 2010
BT
1 RESOLUTION (S)
VA
3 9. A Resolution of the Mayor and City Commission of the
4 City of South Miami, Florida, authorizing the Acting
5 City Manager to hire FirstSouthwest as the City's
6 Financial Advisor pursuant to Option C on the attached
7 Engagement Letter "Exhibit 1" to analyze the City's
8 financial position with respect to bond re- financing;
9 and providing an effective date. 3/5
10 (Deferred 9107110)
11 (Acting City Manager)
12
13 Moved by Mayor Stoddard, seconded by Commissioner Beasley,
14 the motion to add this item on the agenda passed by a 5 -0 vote:
15
16 Commissioner Palmer: Yea
17 Vice Mayor Newman: Yea
18 Commissioner Beasley: Yea
19 Commissioner Harris: Yea
20 Mayor Stoddard: Yea
21
22 Mr. Edward Marquez, Senior Vice - President with the firm of
23 FirstSouthwest addressed the Commission.
24
25 Mr. Riverol said that the City received two responses from
26 two great companies, PFM and FirstSouthwest; after a thorough
27 evaluation the recommendation was to select FirstSouthwest.
28
29 Vice Mayor Newman requested clarification regarding what
30 constitutes transactional work and what constitutes non -
31 transactional work.
32
33 The Commission then discussed the proposed fees; Mr.
34 Riverol said that for this transaction which would be
35 refinancing, Option C would be the one to be chosen.
36
37 Moved by Vice Mayor Newman to include the language:
38 "pending review and approval of the engagement letter by the
39 City Attorney and subject to the City Commission's approval ".
40
41 Mr. Goldstein then recommended adding the following
42 language to the title of the Resolution: "pursuant to Option C
43 on the attached Engagement Letter "Exhibit 1 ".
44
45 Mr. Marquez at this time explained that due to the
46 direction of the Commission, he would need to modify the scope
47 of services so that they match the compensation in Option C.
CITY COMMISSION MINUTES 10
September 7, 2010
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2 Mayor Stoddard advised Mr. Marquez to meet with our
3 Attorney and Finance Director to come up with something that
4 will be mutually agreeable and bring it back to the Commission.
5
6 Moved by Mayor Stoddard, seconded by Commissioner Beasley
7 the motion to defer this item passed by a 5 -0 vote:
8
9 Commissioner Palmer: Yea
10 Vice Mayor Newman: Yea
11 Commissioner Beasley: Yea
12 Commissioner Harris: Yea
13 Mayor Stoddard: Yea
14
15 At this time items 10 and 14 were pulled from the Consent
16 Agenda (now items no. 19 and 20)
17
18
19 (BEGINNING OF CONSENT)
q'
21 179 -10 -13213
22 10. A Resolution of the Mayor and City Commission of the
23 City of South Miami, Florida concerning an application
24 pursuant to Land Development Code Section 20- 4.3(N)
25 to permit the installation of a banner over Sunset
26 Drive to promote the Komen Race for the Cure a 5K
27 Run /Walk fund raising event sponsored by Team Foot
28 Works to be held in Bayfront Park on October 16,
29 2010; providing for an effective date. 3/5
30 (Acting City Manager)
31
32 180 -10 -13214
33 11. A Resolution of the Mayor and City Commission of the
34 City of South Miami, Florida, relating to budget;
35 authorizing a transfer of $15,510.24 from account No.
36 001 - 1320 -513 -5210, Central Services Supplies,
37 settlements to account No. 001 -1310- 513 -3450, City
38 Manager Contractual Services; providing and effective
39 date. 3/5
40 (Acting City Manager)
41
42 181 -10- 13215
43 12. A Resolution of the Mayor and City Commission of the
44 City of South Miami, Florida, relating to budget;
45 authorizing a transfer of $500 from account No.001-
46 1310 - 513 -4630, settlements to account No.001- 1500 -514-
CITY COMMISSION MINUTES 1 1
September 7, 2010
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Bnq
4065, City Attorney's Expense; providing an effective
date. 3/5
(Acting City Manager)
182 -10 -13216
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $13,250 from account No.001-
2100 -519 -4720, settlements to account No.001- 1340 -513-
4630, Maintenance and Repair Computer Equipment $
7,850 and account No.001- 1340 -513 -3450 Contractual
Services Infrastructure for $5,400; providing an
effective date. 3/5
(Acting City Manager)
183 -10 -13217
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $165 from account
No.001.1410.513.6410 and a transfer of $4,524 from
account No.001.1410.513.6430, a total of $4,689,
settlements to account No.001.1410.513.5210, Finance
Operating Supplies; providing an effective date. 3/5
(Acting City Manager)
184 -10 -13218
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting City
Manager to transfer funds from account #001- 2000 -572-
6450 (Operating Equipment) in the amount of $5,906.31,
transferring this amount into account # 001- 2020 -519-
4320 (Water) to pay a deficit for the Water & Sewer
bill, providing an effective date. 3/5
(Acting City Manager)
185 -10 -13219
16. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to issue a Purchase Order to A & Q Fence
Corp. for the purchase and installation of 3401f of
aluminum picket fence at Dante Fascell Park playground
in the amount of $6,400.00 to be charged to Public
Works Parks Maintenance & Repairs Operating Equipment
Account Number 001- 1750- 519 -4620; providing for an
effective date. 3/5
(Acting City Manager)
CITY COMMISSION MINUTES
September 7, 2010
12
TlaTt!
1 186 -10 -13220
2 17. A Resolution of the Mayor and City Commission of the
3 City of South Miami, Florida, authorizing the Acting
4 City Manager to issue a Purchase Order to Professional
5 Pavement Products, Inc. for the purchase of 25 MPH
6 speed limit signs, poles and installation hardware in
7 the amount of $14,258.95 to be charged to Local Option
8 Gas Tax Trust Fund Account Number 112- 1730 -541 -3450;
9 providing for an effective date. 3/5
10 (Acting City Manager)
11
12 187 -10 -13221
13 18. A Resolution of the Mayor and City Commission of the
14 City of South Miami, Florida, authorizing the Acting
15 City Manager to execute a one -year service contract
16 with Bamaco Inc, and All Florida Tree & Landscape for
17 Emergency Debris Removal; providing for an effective
18 date. 3/5
19 (Acting City Manager)
20
21 Moved by Commissioner Beasley, seconded by Mayor Stoddard,
22 the motion to approve the Consent Agenda passed by a 5 -0 vote:
23
24 Commissioner Palmer: Yea
25 Vice Mayor Newman: Yea
26 Commissioner Beasley: Yea
27 Commissioner Harris: Yea
28 Mayor Stoddard: Yea
29
• .17•7�•�7:F3�:�i!
31
32
33 RESOLUTION (S)
34 (CONT'D)
35
36 188 -10 -13222
37 19. A Resolution of the Mayor and City Commission of the
38 City of South Miami, Florida authorizing the Acting
39 City Manager to hire a part time worker /instructor for
40 the Senior Citizens division to replace a former
41 employee who resigned; providing an effective date. 3/5
42 (Acting City Manager)
43
CITY COMMISSION MINUTES 13
September 7, 2010
llaTt!
1 Moved by Commissioner Beasley, seconded by Mayor Stoddard
2 to approve this item.
3
4 Vice Mayor Newman asked staff as to when the former
5 employee resigned. Staff said that it was two weeks ago.
6
7 With no further comments, the motion to approve this item
8 passed by a 5 -0 vote:
9
10 Commissioner Palmer: Yea
11 Vice Mayor Newman: Yea
12 Commissioner Beasley: Yea
13 Commissioner Harris: Yea
14 Mayor Stoddard: Yea
15
16 189 -10 -13223
17 20. A Resolution of the Mayor and City Commission of the
18 City of South Miami, Florida, relating to budget;
19 authorizing a transfer of $40,000 from account No.001-
20 2100- 519 -2220, settlements to account No.001 -2100-
21 1310 -3450, City Manager Contractual Services
22 Infrastructure; providing an effective date. 3/5
23 (Acting City Manager)
24
25 Moved by Commissioner Beasley, seconded by Mayor Stoddard to
26 approve this item.
27
28 Commissioner Harris asked for clarification whether the
29 City is penalized for all of the overdrawn accounts. Mr. Witt
30 explained that these transfers come before the Commission in
31 order to comply with the Charter.
32
33 The Commission expressed dissatisfaction with the services
34 provided by The Mercer Group, and Mr. Goldstein said that in
35 this case he could go back to The Mercer Group and express those
36 specific issues and see if they are willing to provide us with a
37 discount.
38
39 Vice Mayor Newman said that she specifically has a problem
40 with the timeline which was in the original proposal; problem
41 with response to emails (there were none) ; problem with not
42 supplying adequate backgrounds on the candidates when requested.
43
44 Mayor Stoddard said that with respect to the background
45 checks, it was hard to understand what things meant as it was
46 presented.
47
CITY COMMISSION MINUTES 14
September 7, 2010
Mgt!
1 Vice Mayor Newman said that she also would like to make
2 sure that we have an itemized account of the ads that were
3 placed and where they were placed.
4
5 With some further comments, the motion to approve this item
6 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
14 190 -10 -13224
15 21. A Resolution of the Mayor and City Commission of the
16 City of South Miami, Florida, authorizing the Acting
17 City Manager to execute a contract agreement with
18 International Consulting Firm (IDC) a Multimedia and
19 information Technology Consulting Services in the
20 amount of $6,600.00; and providing an effective date.
21 (Acting City Manager) 3/5
22
23 Moved by Commissioner Beasley, seconded by Mayor Stoddard
24 to approve this item.
25
26 With no further comments, the motion to approve this item
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
35 191 -10 -13225
36 22. A Resolution of the Mayor and City Commission of the
37 City of South Miami, Florida, authorizing the Acting
38 City Manager to terminate the take home vehicle
39 program for non - police staff; and providing for an
40 effective date. 3/5
41 (Acting City Manager)
42
43 Moved by Commissioner Beasley, seconded by Mayor Stoddard
44 to approve this item.
45
46 Commissioner Harris said that the City Manager should be
47 provided a car.
CITY COMMISSION MINUTES 1 rS
September 7, 2010
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47
48
Do
Mr. Witt explained that this particular resolution relates
to those who presently have take -home cars and to provide them
with gas allowance instead.
Vice Mayor Newman said that what we need is to have
vehicles available for staff to use during work hours; she said
no gas allowance, and to keep the cars until more efficient ones
may be purchased.
Moved by Vice Mayor Newman to amend the resolution to
delete the language relating to the $100 gas allowance as well
as the language relating to selling the vehicles. Moved by Mayor
Stoddard, the motion to approve this item as amended 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
City of South Miami,
committees; creating <
order to analyze the
of all City insurance
date.
192 -10 -13226
Mayor and City Commission of the
Florida, relating to boards and
in Insurance Advisory Committee in
cost effectiveness and efficiency
policies; providing an effective
3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mayor Stoddard proposed an amendment to the resolution.
Moved by Mayor Stoddard to amend Section 2 of the
resolution to read: The Committee shall consist of three (3)
residents of Miami -Dade County as follows: at least two (2) who
are proficient in the field of insurance, and at list one (1) of
whom is familiar with the City budget and operations. Seconded
by Commissioner Beasley, the motion to approve this item as
amended passed by a 5 -0 vote:
CITY COMMISSION MINUTES
September 7, 2010
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
W1
1 193 -10 -13227
2 24. A Resolution of the Mayor and City Commission of the
3 City of South Miami, Florida, pursuant to Chapter 8A
4 of the Code of Ordinances, authorizing the
5 reimbursement of legal fees to Vice Mayor Newman; and
6 providing an effective date. 3/5
7 (Mayor Stoddard)
8
9 Moved by Commissioner Beasley, seconded by Mayor Stoddard
10 to approve this item.
11
12 Commissioner Palmer asked whether this case is closed. Mr.
13 Goldstein explained that the case is not closed and that this
14 item had been overlooked at the time a previous one was paid.
15
16 Commissioner Palmer said that she believes that this is not
17 in compliance with the ordinance which allows for reimbursement
18 after the case is settled.
19
20 With no further comments, the motion to approve this item
21 passed by a 3 -1 vote:
22
23 Commissioner Palmer: Nay
24 Vice Mayor Newman: Recused
25 Commissioner Beasley: Yea
26 Commissioner Harris: Yea
27 Mayor Stoddard: Yea
28
29
30 ORDINANCE (S) SECOND READING PUBIC HEARING (S)
31 (CONT'D)
32
33 25. An Ordinance of the Mayor and City Commission of the
34 City of South Miami, Florida amending the South Miami
35 Pension Plan, providing for an amendment to Section 16-
36 12, Definitions, to comply with current City policy
37 concerning the definitions of annual compensation,
38 final average compensation, department head, employee,
39 full time employee, participation and part -time
40 employee; amending Section 16- 14(f)(1)(b) to allow
41 retired participants to change a beneficiary up to two
42 times at the participant's cost in compliance with
43 Chapter 2009 -97, Laws of Florida; amending the City of
44 South Miami Police Officers Retirement Trust Fund to
45 provide for compliance with chapter 2009 -97, Laws of
CITY COMMISSION MINUTES 17
September 7, 2010
llmi, I Tifi [ti
1 Florida; amending Section 16 -17(b) to eliminate the 3%
2 interest payment on return of contribution; providing
3 for severability; providing for codification; and
4 providing for an effective date. (Deferred 8103110) 3/5
5 (Acting City Manager)
6
7 Moved by Commissioner Beasley, seconded by Mayor Stoddard
8 to approve this item.
9
10 Mr. Witt referred to an amendment on line 32, page 3 of the
11 ordinance by removing "less" and replacing it with "not more"
12 than 32 hours.
13
14 Moved by Mayor Stoddard to accept the recommended change to
15 line 32, page 3 of the ordinance. Seconded by Commissioner
16 Beasley, the motion passed by a 5 -0 vote:
17
18 Commissioner Palmer: Yea
19 Vice Mayor Newman: Yea
20 Commissioner Beasley: Yea
21 Commissioner Harris: Yea
22 Mayor Stoddard: Yea
23
24 At this time the public hearing was opened.
25
26 Brad Cassel addressed the Commission referring to another
27 change on page 5 of 9, line 10 striking the words "or an
28 employee of the city ".
29
30 Jim Casey spoke on behalf of the Police Benevolent
31 Association, recommending that the word "compensation time" be
32 replaced with "compensatory time" on page 3, lines 13 -14. He
33 then said that all of these items that are being excluded from
34 the definition of final average compensation are mandatory
35 subjects of bargaining under the State of Florida Public
36 Employees Relations Act. By excluding them from the possibility
37 of bargaining those issues is in his opinion a violation of
38 public employees' rights in the State of Florida. He said that
39 they will be meeting with the permanent city manager to sit down
40 and bargain about all of these issues so that they may come to a
41 conclusion. He then referred to page 8 of 9, lines 5 -6 under
42 Option 1 regarding the "credited interest compounded annually at
43 the rate of three (3) percent per annum" which was stricken from
44 the ordinance. He said that he wanted to make sure that this
45 does not affect police officers in any way.
46
47 Mayor Stoddard asked Mr. Goldstein for his opinion as to
48 whether the existing language should be left in. Mr. Goldstein
CITY COMMISSION MINUTES 18
September 7, 2010
m1a f t!
1 said that the existing language should be used and that in the
2 next negotiations these issues should be raised with the union
3 in terms of the renegotiation of the contract and that this
4 should be clarified at that time. He added that if the new
5 language changes passed practice it is .something that should be
6 negotiated; if it is simply for the purpose of clarifying what
7 has been going on for years then the new language is acceptable.
8
9 Vice Mayor Newman at this time said that she had an issue
10 with eliminating the three (3) percent interest on the payment
11 because of the fact that it is mandatory for an employee to
12 contribute to the pension and after nine years they may walk
13 away without any interest.
14
15 Moved by Vice Mayor Newman to amend page 8, lines 3 -7 by
16 leaving the existing language relating to the three (3) percent
17 interest. A discussion followed and the Vice Mayor withdrew her
18 motion to amend.
19
20 Moved by Vice Mayor Newman, seconded by Commissioner
21 Beasley, the motion to defer this item passed by a 5 -0 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Newman: Yea
25 Commissioner Beasley: Yea
26 Commissioner Harris: Yea
27 Mayor Stoddard: Yea
28
29 At 11:00 p.m. Mayor Stoddard moved to extend the meeting
30 for another hour. Seconded by Commissioner Beasley, the motion
31 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
40 20 -10 -2045
41 26. An Ordinance of the Mayor and City Commission of the
42 City of South Miami, Florida, relating to a request to
43 amend the official zoning map of the City of South
44 Miami Land Development Code by designating a commercial
45 building located at 7221 SW 58 Avenue (aka
46 Bougainvillea Tavern) and legally described as being a
47 portion of Lots 51 and 52, less east 50 feet, in W.A.
48 Larkin's Subdivision, recorded in Plat Book 3, page 198
CITY COMMISSION MINUTES 19
September 7, 2010
m1a t!
1 of Miami -Dade County Public Records, as an historic
2 site and by placement of an Historic Preservation
3 Overlay Zone (HP -OV) over the existing zoning use
4 district for this property; providing for severability;
5 providing for ordinances in conflict; and providing an
6 effective date. (Approved 1s`Read.4 16110) 4/5
7 (Motion to continue 4119110; Pulled from Agenda 6102110)
8 (Acting City Manager)
9
10 Moved by Vice Mayor Newman, seconded by Commissioner
11 Beasley to approve this item.
12
13 Mr. Youkilis presented this item. The Historic Board, at
14 its meeting of February 22, 2010, unanimously recommended
15 approval of the designation, but the Planning Board recommended
16 denial of the designation at its meeting of March 9, 2010. Staff
17 recommended approval.
18
19 At this time speakers were sworn in.
20
21 Pam Lahiff, a member of the Historic Board addressed the
22 Commission as a resident of the City in support of the historic
23 designation.
24
25 Gray Read, a Professor of Architecture at FIU addressed the
26 Commission in support of the historic designation. She explained
27 that some of her work has been the study of history not as a
28 fixed point in time, but history as a cumulative evolvement. She
29 recognized that the building has gone through changes through
30 the years, however, she continued, that process of change
31 contains a history of continuity rather than a specific time in
32 the past
33
34 Sharon McCain said not to understand the reason for going
35 through all the process to designate a building if months later
36 the same could be demolished.
37
38 Jeffrey Bass, attorney representing the owner of the
39 subject property, urged the Commission to deny this designation;
40 he said that denying the designation would be the best for the
41 future of the establishment so that they could continue
42 operating as it operates today. However, he said that they have
43 the right to apply for a demolition permit in order to preserve
44 their rights.
45
46 Mayor Stoddard said that everyone who walks the City
47 notices the character which is unique since there is no other
48 building downtown that has that character, and character is one
CITY COMMISSION MINUTES 20
September 7, 2010
llaTt!
1 of the criteria for historic designation. He then asked staff to
2 speak about the benefits resulting from a historic designation.
3
4 Mr. Youkilis explained that as per the Code a historic
5 building does not have to provide required parking; the City has
6 also approved a County program which allows for any restoration
7 work to be tax exempt for a ten year period.
8
9 Moved by Vice Mayor Newman to approve this ordinance
10 designating it as an historic site. Seconded by Commissioner
11 Beasley, the motion passed by a 4 -1 vote:
12
13 Commissioner Palmer: Nay
14 Vice Mayor Newman: Yea
15 Commissioner Beasley: Yea
16 Commissioner Harris: Yea
17 Mayor Stoddard: Yea
18
19
20 21 -10 -2046
21 27. An Ordinance of the Mayor and City Commission of the
22 City of South Miami Florida, amending the Future Land
23 Use Map of the South Miami Comprehensive Plan by
24 changing the future land use category from Single -
25 Family Residential (Two- Story) to Parks and Open Space
26 for the property identified as All- America Park located
27 at 6820 SW 64 Avenue (Folio No. 09- 4025- 000 - 0430) ;
28 providing for severability; providing for ordinances in
29 conflict; and providing an effective date. 4/5
30 (Acting City Manager)
31
32 Moved by Commissioner Beasley, seconded by Mayor Stoddard
33 to approve this item.
34
35 At this time the public hearing was opened.
36
37 Brad Cassel addressed the Commission saying that he has a
38 concern with this and the next following ordinances of similar
39 nature. These properties are assets of the City and were
40 purchased as residential lots; therefore, changing the zoning
41 results in diminishing the value of these properties.
42
43 Sharon McCain said that we need the parks for concurrency.
44
45 Sally Philips said that in the event that the City may need
46 these properties in order to raise money the zoning could be
47 changed back.
48
CITY COMMISSION MINUTES 21
September 7, 2010
llayt!
1 With no further speakers the public hearing was closed.
2
3 With no further comments, the motion to approve this item
4 passed 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 28. An ordinance of the Mayor and City Commission of the
13 City of South Miami Florida, amending the Future Land
14 Use Map of the South Miami Comprehensive Plan by
15 changing the future land use category from Single -
16 Family Residential (Two- Story) to Parks and Open Space
17 for the property identified as Van Smith Park
18 located at 7800 SW 59 Avenue (Folio No. 09- 4036 -039-
19 0020 and Folio No. 09- 4036 - 039 - 0025) ; providing for
20 severability; providing for ordinances in conflict;
21 and providing an effective date. 4/5
22 (Acting City Manager)
23
24 Moved by Mayor Stoddard, seconded by Commissioner Beasley
25 to approve this item.
26
27 Vice Mayor Newman said that the neighbors of this property
28 were never included in the process and we really need to hear
29 from the residents in that area.
30
31 The public hearing was opened at this time.
32
33 Sharon McCain said that this could be a good dog park.
34
35 Sally Philips said that it is a very good idea to have a
36' meeting to hear from the neighbors, even though this is just to
37 put it in the books correctly.
38
39 Moved by Vice Mayor Newman to defer this item until the
40 City Commission meeting of 10/05/10. Seconded by Commissioner
41 Beasley, the motion passed by a 5 -0 vote:
42
43 Commissioner Palmer: Yea
44 Vice Mayor Newman: Yea
45 Commissioner Beasley: Yea
46 Commissioner Harris: Yea
47 Mayor Stoddard: Yea
CITY COMMISSION MINUTES 22
September 7, 2010
1 22 -10 -2047
2 29. An Ordinance of the Mayor and City Commission of the
3 City of South Miami by changing the future land use
4 category from Single - Family Residential (Two - Story) to
5 Parks and Open Space for the property identified as
6 Dison Park located at 8051 SW 58 Avenue (Folio No. 09-
7 4036 - 000 - 0520); providing for severability; providing
8 for ordinances in conflict; and providing an effective
9 date. 4/5
10 (Acting City Manager)
11
12 Moved by Commissioner Beasley, seconded by Mayor Stoddard
13 to approve this item.
14
15 Mr. Youkilis explained that because this property is
16 immediately adjacent to a school, it was placed under the
17 Educational Category back over twenty years ago, but in reality
18 it has always been a single- family home.
19
20 The public hearing was opened and closed with no speakers.
21
22 With some further comments, the motion to approve this item
23 passed by a 4 -1 vote:
24
25 Commissioner Palmer: Nay
26 Vice Mayor Newman: Yea
27 Commissioner Beasley: Yea
28 Commissioner Harris: Yea
29 Mayor Stoddard: Yea
30
31
32 23 -10 -2048
33 30. An Ordinance of the Mayor and City Commission of the
34 City of South Miami Florida, amending the Future Land
35 Use Map of the South Miami Comprehensive Plan by
36 changing the future land use category from Educational
37 (Four - Story) to Single - Family Residential (Two - Story)
38 for the property identified as the Rothan residence
39 located at 7435 SW 66 Avenue (Folio No. 09- 4036 -050-
40 0020); providing for severability; providing for
41 ordinances in conflict; and providing an effective
42 date. 4/5
43 (Acting City Manager)
44
45 Moved by Commissioner Beasley, seconded by Mayor Stoddard
46 to approve this item.
47
CITY COMMISSION MINUTES 23
September 7, 2010
1 The public hearing was opened and closed with no speakers.
2
3 With no further comments, the motion to approve this item
4 passed 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 24 -10 -2049
14 31. An Ordinance of the Mayor and City Commission of the
15 City of South Miami, Florida, to amend Section 20 -6.1
16 (a)(3) of the Land Development Code entitled
17 "Administrative Entities -City Commission" in order to
18 revise provisions related to the vote requirement of
19 the City Commission on ordinances and resolutions
20 pertaining to the land use and development regulations
21 in order to make the voting requirement consistent with
22 the Charter Amendment adopted November 4, 2008 and with
23 the interpretation of the Charter Amendment as set
24 forth in Resolution No. 53 -10- 13087; providing for
25 severability; providing for ordinances in conflict; and
26 providing an effective date. 3/5
27 (Acting City Manager)
28
29 Moved by Commissioner Beasley, seconded by Mayor Stoddard
30 to approve this item.
31
32 The public hearing was opened and closed with no speakers.
33
34 With no 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
44 25 -10 -2050
45 32. An Ordinance of the Mayor and City Commission of the
46 City of South Miami, Florida, to amend Section 20-
47 5.16(F) of the Land Development Code entitled "Unity
CITY COMMISSION MINUTES 24
September 7, 2010
ffa7fft!
1 of Title submittal procedures" in order to remove all
2 references to a Declaration of Restrictive Covenants in
3 Lieu of Unity of Title and subsection 20- 5.16(F)
4 entitled "Required provisions to be included in the
5 Declaration of Restrictive Covenants in Lieu of Unity
6 of Title "; amending Section 20 -7.30 (A) and Section 20-
7 8.16 (A) to remove all references to a Declaration of
8 Restrictive Covenants in Lieu of Unity of Title;
9 providing for severability; providing for ordinances in
10 conflict; and providing an effective date. 3/5
11 (Mayor Stoddard)
12
13 Moved by Commissioner Beasley, seconded by Mayor Stoddard
14 to approve this item.
15
16 The public hearing was opened and closed with no speakers.
17
18 With no further comments, the motion to approve this item
19 passed by a 5 -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
28 26 -10 -2051
29 33. An Ordinance of the Mayor and City Commission of the
30 City of .South Miami, Florida, amending the Land
31 Development Code Section 20 -8.9 entitled "Special
32 exceptions" in order to set a time limit for commencing
33 a development project which has been granted a special
34 exception in a Transit Oriented Development District
35 (TODD); providing for severability; providing for
36 ordinances in conflict; and providing an effective
37 date. 3/5
38 (Acting City Manager)
39
40 Moved by Commissioner Beasley, seconded by Mayor Stoddard
41 to approve this item.
42
43 The public hearing was opened and closed with no speakers.
44
45 With no further comments, the motion to approve this item
46 passed by a 5 -0 vote:
47
CITY COMMISSION MINUTES 25
September 7, 2010
1
2
3
4
5
6
7
8
I
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
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
JlaTt!
Yea
Yea
Yea
Yea
Yea
ORDINANCE (S) FIRST READING
(CONTID)
34. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, modifying chapter 13 of
the City Code to substitute the term Business Tax
Receipt for occupational license tax to conform with
the term used in Chapter 205 F.S.; providing for
severability, conflict and an effective date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
There being no further business to come before this Body,
the meeting adjourned at 11:57 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
September 7, 2010
26
Approved
Philip K. Stoddard
Mayor