Loading...
1a1 City of South Miami 2 Regular City Commission Minutes 3 October 5, 2010 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, October 5, 2010, beginning at 9 7:08 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were.present: 13 Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and, 14 Commissioners Velma Palmer, Brian D. Beasley and Walter A. 15 Harris. 16 17 Also in attendance were: Deputy City Attorney Mark A. 18 Goldstein, Deputy City Clerk Nkenga Payne and City Manager 19 Hector Mirabile. 20 21 B. Moment of Silence: By Mayor Stoddard. 22 23 C. Pledge of Allegiance: 24 The Pledge of Allegiance was recited in unison. 25 26 D. Presentations(s) 27 28 Swearing -In Ceremony for City Manager Hector Mirabile, PhD 29 30 31 Recognition to the FY 2010 -2011 Budget & Finance Committee 32 33 34 Recognition to the South Miami Police Explorers 35 36 37 Digital Payment Technologies, Corp. Presentation 38 39 40 With no further presentations this section was closed. 41 42 43 44 45 CITY COMMISSION MINUTES 1 October 5, 2010 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Bnq ITEM (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes NONE 2. City Manager's Report (25 minutes) (See attached report) Mayor Stoddard requested a workshop to discuss the County's design for traffic calming at SW 62nd Avenue and SW 42nd Street. With some further comments the City Manager's Report ended. 3. City Attorney's Report Mr. Feingold said that action is being taken to correct existing conditions with regard to 5966 - 5970 South Dixie Hwy, known as SW 64th Development Corporation. In response to Commissioner Palmer's inquiry, Mr. Feingold explained that the City Manager is entitled to give a contract to whoever he chooses, but in the case of a multi - annual contract he would have to come before this Commission for approval. With no further comments the City Attorney's Report ended. PUBLIC REMARKS (5 minutes) David Tucker Sr. addressed the Commission regarding the position of City Manager's duties and responsibilities. Debbie Benitez with South Florida Urban Ministries addressed the Commission by saying that this nonprofit organization has been serving the community for over 35 years, particularly helping children with free after- school tutoring, mentoring, and with fun activities for the children. Javier Banos addressed the Commission about traffic problems with speeding motorists through SW 62nd Avenue and SW 42nd Street. With regard to the pension, he cautioned about CITY COMMISSION MINUTES October 5, 2010 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 BT reducing the investment rate of return lower than 7% because this would be extremely expensive and will constitute a huge financial impact for the City and for the employees. Sharon McCain urged the Commission to vote against item no. 34 on the agenda; she then referred to the Farmers' Market saying that she does not like the way it is being handled, particularly with the proposed site which is the old inspection station. Archie Coats addressed the Commission with complaints against the Police Department. Mayor Stoddard recommended Mr. Coats to schedule an appointment to speak with the City Manager. Frank Rodriguez addressed the Commission against proposed new construction around his home. Dick Ward addressed the Commission regarding the proposed Murray Park Pool project, indicating that one of the main concerns about the pool is future maintenance costs. John Edward Smith referred to the much needed welcome signs at the different points of entrance to the City. Brad Cassel urged the Commission to revisit the new parking contract and recommended holding a workshop for that. Beth Schwartz said that she is pleased to learn that Chief Martinez de Castro will be back doing the good job he used to do while he was the Chief by combating crime in the City. About the welcome signs she said that she would like to see one on US1 as you enter the City. She also spoke in opposition to a proposed high density project near residential homes. With no further speakers this section was closed. 3. Commission Reports, Discussion & Remarks (25 minutes) Commissioner Harris said that we need a sign for the Community Center. He then reminded the public that we offer recycling in the City and encouraged everybody to use it; we are also collecting batteries at City Hall and at the Community Center. He said that the City also should have a container for recycling electrical appliances. Commissioner Beasley thanked the Weed and Seed organization for their event over the weekend; and for painting Mt. Olive Church; they also have a tutoring program at Mt. Olive Church. CITY COMMISSION MINUTES October 5, 2010 3 PTE9 1 Commissioner Palmer said that this is a very good City and 2 that every other city has problems with crime particularly 3 during these difficult economic times. 4 5 Vice Mayor Newman referred to the Farmers' Market saying 6 that she believes that going with Earth Learning is a risk; 7 however, what they have to offer, if it works, it will be 8 something unique that nobody else has. She said that this was 9 the recommendation of the Board and that is mainly the reason 10 for which she is supporting it. 11 12 A COW for review of Commission action priorities was 13 scheduled by Mayor Stoddard for Tuesday, October 12, 2010 at 14 7:15 p.m. With regard to school green space and concurrency, 15 the Mayor said that their fields are considered part of our 16 green space for the purposes of concurrency, and some of the 17 schools have closed off their green space which means that they 18 are not available to our residents anymore; he said that he 19 would like that space opened and he asked staff to provide a 20 list of green spaces that are used in our concurrency 21 calculations. Mayor Stoddard spoke about possible restriping SW 22 62nd Avenue and that this will be discussed during a future COW 23 or workshop. He requested a copy of the Hospital agreement, 24 indicating that we need to keep in compliance with these 25 covenants and agreements. 26 27 With no further comments this section was closed and the 28 Mayor announced a 5- minute break. 29 30 31 RESOLUTION (S) PUBLIC HEARING (S) 32 33 34 206 -10 -13240 35 5. A Resolution of the Mayor and City Commission of the 36 City of South Miami, Florida relating to the issuance 37 of a Certificate of Appropriateness pursuant to 38 Section 20- 5.19(E) (3) of the Land Development Code to 39 permit new paving and fencing on a designated historic 40 single family building located at 6134 SW 56 Street 41 (Miller Drive)in the Cambridge Lawns Historic 42 District; providing an effective date. 3/5 43 (City Manager- Planning Dept) 44 45 Moved by Commissioner Beasley, seconded by Vice Mayor 46 Newman to approve this item. 47 CITY COMMISSION MINUTES 4 October 5. 2010 llaTt! 1 At this time the public hearing was opened and closed with 2 no speakers. 207 -10 -13241 3 19 6. A Resolution of the Mayor and City Commission of 4 With no further comments, the motion to approve this item 5 passed by a 5 -0 vote: authorization of the City Manager as signatory in 6 22 bank accounts; providing for an effective date. 7 23 Commissioner Palmer: Yea 8 24 Vice Mayor Newman: Yea 9 25 Commissioner Beasley: Yea 10 26 Commissioner Harris: Yea 11 27 Mayor Stoddard: Yea 12 28 Ad Hoc Committee; providing for the extension 13 At this time item no. 19 was pulled from the Consent 14 Agenda. (City Manager - Finance Dept) 15 31 16 (BEGINNING OF CONSENT) 17 18 207 -10 -13241 19 6. A Resolution of the Mayor and City Commission of the 20 City of South Miami, Florida, relating to 21 authorization of the City Manager as signatory in city 22 bank accounts; providing for an effective date. 3/5 23 (City Manager- Finance Dept) 24 25 208 -10 -13242 26 7. A Resolution of the Mayor and City Commission of the 27 City of South Miami, Florida, relating to the Pension 28 Ad Hoc Committee; providing for the extension of 29 membership; and providing an effective date. 3/5 30 (City Manager - Finance Dept) 31 32 209 -10 -13243 33 8. A resolution of the Mayor and City Commission of the 34 City of South Miami, Florida, relating to boards and 35 committees; appointing Bickley F. Simpson to serve on 36 the Green Task Force for a two -year term ending 37 October 4, 2012; and providing an effective date. 3/5 38 (Vice Mayor Newman) 39 40 210 -10 -13244 41 9. A resolution of the Mayor and City Commission of the 42 City of South Miami, Florida, relating to boards and 43 committees; appointing Marice Chael to serve on the 44 Citizens Advisory Group (Community Gardens & Farmers CITY COMMISSION MINUTES 5 October 5, 2010 Maf! I Market) for a two -year term ending October 4, 2012; 2 and providing an effective date. 3/5 3 (Mayor Stoddard) 4 5 211 -10 -13245 6 10. A resolution of the Mayor and City Commission of the 7 City of South Miami, Florida, relating to boards and 8 committees; appointing Daisy Harrell to serve on the 9 Citizens Advisory Group (Community Gardens & Farmers 10 Market) for a two -year term ending October 4, 2012; 11 and providing an effective date. 3/5 12 (Commissioner Palmer) 13 14 212 -10 -13246 15 11. A resolution of the Mayor and City Commission of the 16 City of South Miami, Florida, relating to boards and 17 committees; appointing Gray Read to serve on the 18 Citizens Advisory Group (Community Gardens & Farmers 19 Market) for a two -year term ending October 4, 2012; 20 and providing an effective date. 3/5 21 (Commissioner Beasley) 22 23 213 -10 -13247 24 12. A resolution of the Mayor and City Commission of the 25 City of South Miami, Florida, relating to boards and 26 committees; appointing Pam Lahiff to serve on the 27 Citizens Advisory Group (Community Gardens & Farmers 28 Market) for a two -year term ending October 4, 2012; 29 and providing an effective date. 3/5 30 (City Commission) 31 32 214 -10 -13248 33 13. A resolution of the Mayor and City Commission of the 34 City of South Miami, Florida, relating to boards and 35 committees; appointing Lisa Yoss to serve on the 36 Citizens Advisory Group (Community Gardens & Farmers 37 Market) for a two -year term ending October 4, 2012; 38 and providing an effective date. 3/5 39 (Vice Mayor Newman) 40 41 215 -10 -13249 42 14. A resolution of the Mayor and City Commission of the 43 City of South Miami, Florida, relating to boards and 44 committees; appointing Annick D. Sternberg to serve on 45 the Citizens Advisory Group (Community Gardens & CITY COMMISSION MINUTES 6 October 5, 2010 1 Farmers Market) for a two -year term ending October 4, 2 2012; and providing an effective date. 3/5 3 (Commissioner Harris) 4 5 216 -10 -13250 6 15. A resolution of the Mayor and City Commission of the 7 City of South Miami, Florida authorizing the City 8 Manager to enter into a mutual aid agreement with the 9 City of Miami Police Department for general and 10 specific law enforcement duties on behalf of the City 11 of South Miami Police Department pursuant to Section 12 23.1225(3), Florida Statutes; providing for an 13 effective date. 3/5 14 (City Manager- Police Dept) 15 16 217 -10 -13251 17 16. A Resolution of the Mayor and City Commission of the 18 City of South Miami, Florida authorizing the City 19 Manager to permit Chamber South, a non - profit 20 organization to hold their 39u' Annual South Miami Art 21 Festival on November 6 -7, 2010, which would be held in 22 the downtown South Miami area on Sunset Drive; 23 providing for an effective date. 3/5 24 (City Manager- Park /Rec Dept) 25 26 218 -10 -13252 27 17. A Resolution of the Mayor and City Commission of the 28 City of South Miami, Florida authorizing the City 29 Manager to transfer $3,057.42 from account # 001 -2020- 30 519 -6430 (Operating Equipment) to account # 001 -2020- 31 519 -4310 (Electricity) . This fund transfer will be 32 used to pay the Community Center's electricity bill; 33 providing an effective date. 3/5 34 (City Manager- Park /Rec Dept) 35 36 219 -10 -13253 37 18. A Resolution of the Mayor and City Commission of the 38 City of South Miami, Florida, authorizing the City 39 Manager to contract with Verizon Wireless to provide 40 the City with wireless telephone service; providing 41 for an effective date. 3/5 42 (City Manager- Finance Dept) 43 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 October 5, 2010 1 2 3 4 5 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 41 42 43 44 Commissioner Palmer: Vice Mayor Newman: Commissioner Beasley Commissioner Harris: Mayor Stoddard: (END OF CONSENT) RESOLUTION(S) :1 ant Yea Yea Yea Yea Yea 220 -10 -13254 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to negotiate an agreement with Earth Learning, Inc., to establish and operate a farmer's market within the City; and providing for an effective date. (Mayor Stoddard) 3/5 Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item. Commissioner Palmer pulled this item from the Consent in order to verify whether the agreement will be coming before the Commission for approval. 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 221 -10 -13255 20. A resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to the hiring freeze of all employees; rescinding Resolution No. 134 -10- 13168; providing an effective date. 3/5 (Mayor Stoddard) Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item. CITY COMMISSION MINUTES October 5, 2010 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Commissioner Palmer asked regarding this item. Mr. Feingold freeze is temporary in nature. Bnq for further clarification explained that the hiring With some 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 21. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with Digital Payment Technologies, Corp.; a Canadian federal corporation authorized to transact business in the State of Florida to purchase thirty -eight (38) Parking Pay Stations to be placed throughout the City of South Miami, providing for an effective date. 3/5 (City Manager - Finance Dept.) (This item was pulled from the agenda) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the South Miami Pension Plan, providing for an amendment to Section 16 -12, Definitions, to comply with current City policy concerning the definitions of annual compensation, final average compensation, department head, employee, full time employee, participation and part -time employee; amending Section 16- 14(f)(1)(b) to allow retired participants to change a beneficiary up to two times at the participant's cost in compliance with Chapter 2009 -97, Laws of Florida; amending the City of South Miami Police Officers Retirement Trust Fund to provide for compliance with chapter 2009 -97, Laws of Florida; amending Section 16 -171b1 to eliminate the 3% interest payment on return of contribution; providing for severability; providing for codification; and providing for an effective date. 3/5 (City Manager - Pension Attorney) (Deferred 8/03/10;9/07/10;9 /21/10) CITY COMMISSION MINUTES October 5, 2010 0 t- 1 Moved by Commissioner Palmer, seconded by Commissioner 2 Beasley to approve this item. 3 4 At this time the public hearing was opened. 5 6 Attorney James Casey addressed the Commission on behalf of 7 the Miami -Dade County Police Benevolent Association (PBA), 8 referring to a letter he wrote to the Commission on September 9 13th regarding the September 7th Commission meeting; his position 10 is that in regard to Sec. 16 -12, Definitions on page 3 of 9 11 dealing with final average compensation— excluding accrual such 12 as vacation, holiday pay, sick leave and compensatory time is a 13 matter of collective bargaining and should therefore be stricken 14 from this ordinance and allow to proceed to collecting 15 bargaining where those matters are more properly decided; he 16 added that the 3% end of the year investment is also a matter of 17 collective bargaining. 18 19 Brad Cassel then went over the proposed changes in the 20 ordinance. 21 22 With no further speakers the public hearing was closed. 23 24 With some further comments, the motion to substitute this 25 item, and to be brought back at the next regular meeting passed 26 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 32 -10 -2057 36 23. An Ordinance of the Mayor and City Commission of the 37 City of South Miami, Florida, relating to an amendment 38 to the South Miami Code of Ordinances Section 15C -1 39 entitled "Valet Parking Permits for Use of Public 40 Property" in order to remove a provision in Sec. 41 15C- 1(2)(b) which sets forth a specific rental fee for 42 use of public on- street curbside spaces; the rental 43 fee to be placed in the City's Permit Fee Schedule; 44 providing for severability; providing for ordinances 45 in conflict; and providing an effective date. 3/5 46 (City Manager- Planning Dept) 47 CITY COMMISSION MINUTES 10 October 5, 2010 m1a t! I Moved by Commissioner Beasley, seconded by Commissioner 2 Palmer to approve this item. 3 4 At this time the public hearing was opened. 5 6 Sharon McCain asked for clarification regarding whether the 7 fee will remain the same. Mayor Stoddard explained that the 8 change in the fee will be reflected in the fee schedule 9 ordinance to come before the Commission at a later date. 10 11 With no further speakers the public hearing was closed. 12 13 With no further comments, the motion to approve this item 14 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 33 -10 -2058 23 24. An Ordinance of the Mayor and City Commission of the 24 City of South Miami, Florida, amending the text of the 25 South Miami Comprehensive Plan, by amending the 26 Comprehensive Plan Future Land Use Element in order to 27 adopt a new future land use map category entitled 28 "Mixed Use - Affordable Housing (Two story)" which in 29 the future could be applied to development projects 30 providing affordable housing units and commercial 31 uses; providing an effective date; providing for 32 severability, providing for ordinances in conflict; 33 and providing an effective date. 4/5 34 (City Manager - Planning Dept) 35 36 Moved by Commissioner Beasley, seconded by Vice Mayor 37 Newman to approve this item. 38 39 At this time the public hearing was opened and closed with 40 no speakers. 41 42 With no further comments, the motion to approve this item 43 passed by a 5 -0 vote: 44 45 Commissioner Palmer: Yea 46 Vice Mayor Newman: Yea 47 Commissioner Beasley: Yea CITY COMMISSION MINUTES 1 1 October 5, 2010 1 Commissioner Harris: Yea 2 Mayor Stoddard: Yea 3 4 34 -10 -2059 5 25. An Ordinance of the Mayor and City Commission of the 6 City of South Miami, Florida, amending the Land 7 Development Code Section 20 -3.1 entitled "Zoning Use 8 Districts and Purposes" and amending Section 20- 3.3(D) 9 entitled "Permitted Use Schedule" and Section 20- 10 3.5(F) entitled "Dimensional Requirements Multi- Family 11 Districts" in order to create a "MU -AH", Mixed Use - 12 Affordable Housing (Two story) Zoning Use District and 13 to describe the purpose of the district, set forth 14 uses permitted, and establish dimensional 15 requirements, all for a zoning use district which in 16 the future could be applied to development projects 17 providing affordable housing units and commercial 18 uses; providing for severability, providing for 19 ordinances in conflict; and providing an effective 20 date. 3/5 21 (City Manager- Planning Dept) 22 23 Moved by Commissioner Beasley, seconded by Vice Mayor 24 Newman to approve this item. 25 26 At this time the public hearing was opened and closed with 27 no speakers. 28 29 With no further comments, the motion to approve this item 30 passed by a 5 -0 vote: 31 32 Commissioner Palmer: Yea 33 Vice Mayor Newman: Yea 34 Commissioner Beasley: Yea 35 Commissioner Harris: Yea 36 Mayor Stoddard: Yea 37 38 35 -10 -2060 39 26. An Ordinance of the Mayor and City Commission of the 40 City of South Miami, Florida, amending the Land 41 Development Code Section 20- 3.5(E), entitled 42 "Dimensional Standards Single Family Districts" by 43 transferring all provisions related to two story 44 single family structures to existing Section 20- 45 3.5(H), entitled "Special dimensional and performance 46 standards for two -story single structure and two -story 47 additions "; and making technical adjustments to CITY COMMISSION MINUTES 12 October 5, 2010 1 Section 20- 3.5(H); providing for severability; 2 providing for ordinances in conflict; and providing an 3 effective date. 3/5 4 (City Manager - Planning Dept) 5 6 Moved by Commissioner Beasley, seconded by Vice Mayor 7 Newman to approve this item. 8 9 At this time the public hearing was opened and closed with 10 no speakers. 11 12 With no further comments, the motion to approve this item 13 passed by 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 20 21 36 -10 -2061 22 27. An Ordinance of the Mayor and City Commission of the 23 City of South Miami Florida, amending the Future Land 24 Use Map of the South Miami Comprehensive Plan by 25 changing the future land use category from Mixed -Use 26 Commercial Residential (Four Story) to Parks and Open 27 Space for the three properties identified as a part 28 of the Murray Park Community Center located at 5845- 29 5855 SW 68th Street and 6731 SW 58th Place, and 30 legally described as Lots 10 thru 17, Block 8, 31 Townsite of Larkins (Folio Nos. 09- 4025 - 028 -0900, 09- 32 4025 - 028 -0910, 09- 4025 - 028 - 0920); providing for 33 severability; providing for ordinances in conflict; 34 and providing an effective date. 4/5 35 (City Manager- Planning Dept) 36 37 Moved by Commissioner Beasley, seconded by Vice Mayor 38 Newman to approve this item. 39 40 At this time the public hearing was opened and closed with 41 no speakers. 42 43 With no further comments, the motion to approve this item 44 passed by a 5 -0 vote: 45 46 Commissioner Palmer: Yea 47 Vice Mayor Newman: Yea CITY COMMISSION MINUTES 13 October 5, 2010 1 Commissioner Beasley: Yea 2 Commissioner Harris: Yea 3 Mayor Stoddard: Yea 4 5 37 -10 -2062 6 28. An Ordinance of the Mayor and City Commission of the 7 City of South Miami Florida, amending the Future Land 8 Use Map of the South Miami Comprehensive Plan by 9 changing the future land use category from Single - 10 Family Residential (Two- Story) to Parks and Open Space 11 for the property identified as a part of the Murray 12 Park Community Center located at 5800 SW 66th Street 13 and legally described as Lot 1, Block 1, Larkins 14 Townsite (Folio No. 09- 4025 - 028 - 0010) ; providing for 15 severability; providing for ordinances in conflict; 16 and providing an effective date. 4/5 17 (City Manager- Planning Dept) 18 19 Moved by Commissioner Palmer, seconded by Commissioner 20 Beasley to approve this item. 21 22 At this time the public hearing was opened and closed with 23 no speakers. 24 25 With no further comments, the motion to approve this item 26 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 29. An ordinance of the Mayor and City Commission of the 36 City of South Miami Florida, amending the Future Land 37 Use Map of the South Miami Comprehensive Plan by 38 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 (City Manager- Planning Dept) 46 CITY COMMISSION MINUTES 14 October 5, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Moved by Commissioner Palmer, to approve this item. BT seconded by Vice Mayor Newman At this time the public hearing was opened. Brad Cassel addressed the Commission referring to the original agreement with the Van Smith family; he said that Mr. Van Smith has a license on this property, and he questioned whether this property is covered by homeowner's insurance; he also questioned about the City's rights in the event that the property is destroyed by a hurricane. Mr. Youkilis said that this is a legal question that doesn't relate to just changing the land use map. Vice Mayor Newman said that she would be more comfortable after reading the agreement. Sharon McCain said that this park is not being maintained as best as possible. With no further speakers the public hearing was closed. Vice Mayor Newman said that she would like for the City Attorney to review the agreement and see what the liabilities are to the City. Moved by Commissioner Beasley, seconded by Vice Mayor Newman the motion to defer this item passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea RESOLUTION (S) PUBLIC HEARING (S) (CONTID) 222 -10 -13256 30. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to hire FirstSouthwest as the 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 Manager- Finance Dept) CITY COMMISSION MINUTES October 5, 2010 15 pTgq 1 Moved by Commissioner Beasley, seconded by Commissioner 2 Palmer to approve this item. 3 4 At this time the public hearing was opened. 5 6 Brad Cassel addressed the Commission, saying that 7 FirstSouthwest is conducting the financial review at their own 8 expense; he said that Section B in the letter was left in case 9 there is something additional. 10 11 With no further speakers the public hearing was closed. 12 13 With no further comments, the motion to approve this item 14 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 At this time the Mayor pulled the following items out of 23 order: 37, 35, 36, 32, 33, 34 and 31 (to be read in that order). 24 25 26 ORDINANCE (S) FIRST READING 27 28 31. An Ordinance of the Mayor and City Commission of the 29 City of South Miami Florida, amending the Future Land 30 Use Map of the South Miami Comprehensive Plan by 31 changing the future land use map category from Mixed- 32 Use Commercial Residential (Four Story) to Residential 33 / Limited Commercial District (Two Story) for an area 34 identified as all properties facing the west side of 35 SW 62 Avenue from SW 64th Street to SW 70th Street 36 including 6230 SW 69th Street said properties more 37 specifically legally described in Section 1 of this 38 ordinance; providing for severability; providing for 39 ordinances in conflict; and providing an effective 40 date. 4/5 41 (City Manager- Planning Dept) 42 43 Moved by Commissioner Beasley, seconded by Mayor Stoddard 44 and Commissioner Palmer to approve this item. 45 46 Mr. Vageline recommended an amendment to this ordinance in 47 order to remove two properties: 6230 SW 69 Street and 6201 SW 70 CITY COMMISSION MINUTES 16 October 5, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Street. The line that separates the two use categories happens to pass through edge of it which creates a problem. pnq different future land the property along the Moved by Vice Mayor Newman, seconded by Commissioner Beasley, the motion to amend this item passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea With no further comments 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 32. An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed - Use Commercial Residential (Four Story) to Mixed Use - Affordable Housing (Two Story) for an area identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th Place including properties more specifically legally described in Section 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager- Planning Dept) Moved by Commissioner Beasley, seconded by Mayor Stoddard and Commissioner Palmer to approve this item. With no further comments, the motion to approve this item passed by a 4 -1 vote: CITY COMMISSION MINUTES October 5, 2010 Commissioner Palmer: Nay Vice Mayor Newman: Yea 17 1 Commissioner Beasley: Yea 2 Commissioner Harris: Yea 3 Mayor Stoddard: Yea 4 5 33. An Ordinance of the Mayor and City Commission of the 6 City of South Miami Florida, amending the Future Land 7 Use Map of the South Miami Comprehensive Plan by 8 changing the future land use map category from Single - 9 Family Residential (Two Story) to Mixed Use - Affordable 10 Housing (Two Story) for five properties identified as 11 a part of the proposed Madison Square Development 12 Project located between 6443 -6487 SW 60th Avenue and 13 more specifically legally described as 6443 SW 60th 14 Avenue (Folio No. 09- 4025 -010- 0050); 6457 SW 60th 15 Avenue (Folio No. 09- 4025- 010 - 0060) ; (Folio No. 09- 16 4025- 010 - 0070) ; 6487 SW 60th Avenue (Folio No. 09- 17 4025 - 010 -0080) and 6443 SW 59th Place (Folio No. 09- 18 4025 -010- 0320) ; providing for severability; providing 19 for ordinances in conflict; and providing an effective 20 date. 5/5 21 (City Manager- Planning Dept) 22 23 Moved by Commissioner Beasley, seconded by Commissioner 24 Harris to approve this item. 25 26 Commissioner Beasley explained that the Madison Square 27 project is designed with these locations and if this is not 28 included it will interrupt the project. 29 30 With some further comments, the motion to approve this item 31 failed by a 4 -1 vote: 32 33 Commissioner Palmer: Nay 34 Vice Mayor Newman: Yea 35 Commissioner Beasley: Yea 36 Commissioner Harris: Yea 37 Mayor Stoddard: Yea 38 39 34. An Ordinance of the Mayor and the City Commission of 40 the City of South Miami, Florida relating to the fee 41 schedule, amending Ordinance 21 -09 -2013 as amended by 42 Ordinances to include a new Parking Division Fee 43 Schedule, increasing some parking fees, adding new 44 fees and deleting some fees from the schedule, 45 providing for severability, Ordinances in conflict, 46 and providing an effective date. 3/5 47 (City Manager- Finance Dept.) CITY COMMISSION MINUTES 18 October 5, 2010 llaTt! 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 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 35. An Ordinance of the Mayor and City Commission of the 15 City of South Miami, Florida, amending the text of the 16 South Miami Comprehensive Plan, by amending the 17 Comprehensive Plan Future Land Use Element in order to 18 adopt a new future land use map category entitled 19 "Low Density Affordable Multiple - Family Residential 20 (Two story)" which in the future could be applied to 21 development projects and properties providing 22 multiple - family housing units or town home units in 23 transitional residential areas; providing for 24 severability, providing for ordinances in conflict; 25 and providing an effective date. 4/5 26 (City Manager- Planning Dept) 27 28 Moved by Commissioner Beasley, seconded by Mayor Stoddard 29 to approve this item. 30 31 At this time Mayor Stoddard moved to extend the meeting, 32 seconded by Commissioner Beasley, the motion passed by a 5 -0 33 vote: 34 35 Commissioner Palmer: Yea 36 Vice Mayor Newman: Yea 37 Commissioner Beasley: Yea 38 Commissioner Harris: Yea 39 Mayor Stoddard: Yea 40 41 With some further comments, the motion to approve this item 42 passed by a 4 -1 vote: 43 44 Commissioner Palmer: Nay 45 Vice Mayor Newman: Yea 46 Commissioner Beasley: Yea 47 Commissioner Harris: Yea CITY COMMISSION MINUTES 19 October 5, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Mayor Stoddard: Mf t, 36. An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Single - Family Residential (Two Story) to Low Density Affordable Multiple - Family Residential (Two story) for three properties identified as a Community Redevelopment Area Affordable Housing Site located at the southeast corner of SW 64th Terrace and SW 61st Court and more specifically legally described as (1) Folio No.09- 4025- 000 -0850 located at 6488 SW 60 Avenue; (2) Folio No. 09- 4025 - 000 -0852 and (3) Folio No.09- 4025 - 065 -0090 providing for severability; providing for ordinances in conflict; and providing an effective date. 5/5 (City Manager- Planning Dept) Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item. Commissioner Beasley said that after listening to residents concerns he would not support this item. Vice Mayor Newman concurred with Commissioner Beasley. With some further comments, the motion to approve this item failed by a 0 -5 vote: Commissioner Palmer: Nay Vice Mayor Newman: Nay Commissioner Beasley: Nay Commissioner Harris: Nay Mayor Stoddard: Nay 37. An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to Chapter 5 of the City Code, amending Sections 5 -2, 5 -2.1, 5 -2.2, 5- 2-3 and 5 -2.4 and creating 5 -2.5 through 5 -2.12 of the Code of Ordinances entitled "Poultry and fowl ", now to be entitled "Chickens "; providing for the maintaining of well - mannered chickens under certain terms and conditions; creating enforcement procedures; providing for severability, ordinances in conflict, and an effective date. 3/5 (Mayor Stoddard -City Attorney) CITY COMMISSION MINUTES October 5, 2010 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 pTgq Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item. Mr. Feingold said that this seems to be a very well accepted concept throughout the Country. Mayor Stoddard said that when he was in Madison, Wisconsin this summer he took what they call a "Coup Tour" where he had the chance to see how they raise chickens in their backyards; he said that in spite of being a very hot day there was no smell and neighbors had no complaints. Commissioner Palmer said that she agrees with the concept that it is good to raise chickens; however, this is a small City with small lots and it will become a nuisance when they cross to the neighbor's home and destroy their flowers and vegetables. Commissioner Beasley said that he would like to have more research on the subject, and Vice Mayor Newman said that she has a video showing how similar ordinances are being passed throughout the Country. With some further comments, the motion to approve this item passed by a 4 -1 vote: Commissioner Palmer: Nay 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 11:13 p.m. Attest Approved Maria M. Menendez City Clerk CITY COMMISSION MINUTES October 5, 2010 M Philip K. Stoddard Mayor t'n - irr -zq\ j"".` .a j/ r✓ h CY �4y CITY OF SOUTH MIAMI OFFICE MEMORANDUM To: Honorable Mayor and City Commission Date: October 5, 2010 From: Hector Mirabile, Ph.D., City Manager Re: Manager's Report The following is the my report for the commission meeting of October 5, 2010. Since this is my first report to the Commission the period of reporting commenced on September 10, 2010 and spans through October 1, 2010. The report is divided into two sections: Accomplishments and status of Commission directives or issues. 1. Accomplishment. a. Transitioned from an employee based Information Technology Section, under the span of control of the city manager into an outsourced contract based service provider. Initially they were brought in to manage the IT function replacing Gremaf Reyes who separated from the City. Employees Bismark Figueroa and Christian Moya were separated from employment and International Data Consulting (IDS) were hired through a letter of agreement. The rationale for this method of operations is that current IT service levels were not providing the necessary support required by the City. Additionally, the anticipated savings is approximately $99,063 based on 2009 budget figures which showed that fully loaded personnel costs for IT was $264,063. IDC work is estimated at a cost of $165,000 for the same time period of work with higher expertise. Including b. New IT IDS successes: Review and provide recommendations for the disposition of the existing IBM AS 400 system and the current Financial / Building Department applications. Draw the city's LAN / WAN structure. Secure city's data perimeter. Find all of the data circuits currently in use at the city. Implement a new MS Exchange 2007 server and migrate mail from the Exchange 5.5 server & the Exchange 2003 server to the new 2007 server. Recover via OnTrack damaged Exchange 5.5 hard drives to allow retrieval of over 99% of the available Exchange 5.5 mail boxes. Implement a Barracuda mail archive solution to allow for the archival of existing and new mail as well as index mail for searches. Perform the first SEC requested email search and provide results to city. Begin consolidation of multiple domains and cleanup of fractured Active Directory system. c. Comprehensive Annual Financial Reporting for FY 2009 completed and is online for review. d. Code Enforcement Division conducted its first successful sting operation upon 7300 Investment LLC where an undercover code enforcement officer entered and identified that it is possible to negotiate a parking lease with the owner's representative for a possibly maxed out parking establishment. Also, a notice of violation was provided to 64 development Inc. construction cite for standing water. They remedied the problem. e. Budget approved with no increase in mileage rate. f. Selected Orlando Martinez de Castro as South Miami's new Chief of Police pending lifting of hiring freeze this commission meeting and a negotiated contract ratified by the City Commission on October 8, 2010. g. Overhead microphones installed in the Commission Chambers. h. Crime and Drug Enforcement: South Miami Police Department (SMPD) over the past four weeks made five narcotic related arrests at several locations such as 64 street and 591h place, 64th street and 591h place, 64th street and 59th avenue, 681" street and 61 court, and 64 terrace and 60th avenue. The arrests involved small quantities of crack, powder cocaine, and a crack pipe. i. Requisition for 165 25 MPH speed limit signs and accessories was signed on October 4, 2010. II. Commission directives or issues: a. Crime and drug enforcement. Complaints continue being received as follows - [NOTE: Police to conduct operations in conjunction with Code Enforcement to displace the drug trade]. i. 5822 SW 62 Id Street and 5791 SW 62 d Terrace possible sale of crack cocaine. ii. 6534 SW 59" Court- narcotics sales in front of duplex. iii. 6081 SW 64 Terrace - currently empty but reported to be broken into and used as a drug house. [Referred to Code Enforcement for review as an abandoned structure and police for narcotics interdiction]. iv. 5901 SW 62 Street -Sale of narcotics in the open. v. 5891 SW 62 Street -Sale of marijuana. vi. 6140 SW 64th Street - Narcotics sales. vii. 6501 and 6500 SW 60th Avenue -Vacant houses, drug sales. b. Murray Park Pool: The RFP for design/build was closed September 17, 2010. The RFP packets were provided to the evaluation committee and they are scheduled to meet on October 5, 2010. The Pool Operation RFP was scheduled to go out this past Friday, but do to a delay in reviewing the final product it should be able to go out this coming Friday, October 8, 2010. c. Pension: The concept of pension reform is to provide the City of South Miami with a stabilized, sustainable, and affordable pension system or alternative which also provides the employees with a proper level of benefit for their future. The current qualified defined benefit pension plan fails to meet the three basic criteria and thus places great financial stress upon the City's ability to continue funding without increasing taxes. The Pension ad hoc Committee is exploring various courses of actions that the City could explore in conjunction with collective bargaining. 43 e. f. 3 Of critical interest is the proposed return on investments (ROI) for calculating the plan's actuarial valuation in determining the required minimum Retirement Plan payment. It is described in a GRS letter dated May 14, 2010, as 7.5% and I am informed by the Chairman of the Pension Board that it will be reduced to 7 %. It should be noted that the one, three, five, and ten year average annual market value investment returns are 4.5%,1.0%,3.7%, and 2.7% respectively. This provides for an overstatement in the actuarial analysis considering that the plan has a current investment strategy which will probably not achieve the assumed 7.5% or 7% rates of return. Though using the 7.5% or 7% ROI versus a more realistic figure, as determined by the various years average annual market value investment returns, reduces the employees and City contribution as a percent of payroll it is not keeping pace with the Unfunded Actuarial Accrued Liability and thus the pension plan will remain unstable and unaffordable to the employees and the City. As soon as the Pension ad hoc Committee identifies appropriate courses of action to management as well as the Commission, staff will engage in negotiating this aspect of the benefits with the unionized employees. Parking reform: Staff is recommending raising the parking fee from $1 to $1.50 as well as installing Central Collections Pay Stations in an effort to provide improved parking services as well as increasing revenues. Additionally, the City is proposing a revised parking fee schedule which is in the October 5, 2010 agenda. Green action plan -Staff is in the process of reviewing the DRAFT Green Task Force Green Master Plan dated August 20, 2010. Manager signed agreement and a requisition for $4,980 issued on September 28, 2010 for M2E Consulting Engineers. This project is an energy audit for City Hall. Master Park Plan: I am informed by staff that a true master plan for all parks within South Miami was not created but that the topic of "Master Park Plan" is for the South Miami Park. The South Miami Park Master Park Plan does exist and the Parks Department will be digitizing it for dissemination should members of the commission or general public wish to review. Since major development of any park requires capital funding the capital improvement plan shows South Miami Park funding through Florida Recreation Development Assistance Program (FRDAP) for FY 2012, 13, and 14 at $200,000 each FY which requires a scaled matching by the City. It should be noted that the location of South Miami Park provides limited benefit to the South Miami community and more to the unincorporated Miami -Dade County homeowners surrounding the park. Unless the probability of annexing the properties surrounding the park is a viable possible alternative then other alternatives to the use of the property should be discussed and analyzed. g. South Miami Park neighbor relations: a. Issue- Soccer balls crashing into the fences, Action -moved the two (2) larger age groups away from the edge of the park property and away from area slopes; approximately 50 -75 feet away towards the center of the field. b. Issue -Not enough parking for the number of games. Action -New vendor running the soccer program at this park scheduled games so that parking would not be an issue and crowd control would be a minimum. C. Issue -Not enough parking during soccer games. Cause: The fields are rented to another vendor with approximately 35 players on Sundays. Staff coordinated with vendors to ensure parking and crowd control is not an issue. This action is closed. h. Traffic Calming completion: Neighborhood Traffic Calming Study was prepared by Kimley -Horn and Associates, Inc. on April 2010, for the neighborhood bounded by SW 57th Avenue (Red Road) to the east, SW 62nd Avenue to the west, SW 74th Street to the north, and SW 80th Street to the south, aka Pinecrest Villas as well as Traffic Calming Plans for Mango Terrace and SW 63rd Court (5900 & 6040). Funding for Pinecrest Villas through PTP -[$25K FY1l; $210,000 FY12; $188,500 FY13]. Funding for Mango Terrace through PTP [$195K FYI 1]. Funding for SW 64th Street through SMCRA [$25K FYI l and $270K FY12]. Funding for Cocoplum Terrace through PTP [$45K FYI l and $155K FY12]. Reprioritization of the plan is possible but each project must be evaluated to ensure greatest potential benefit, safety, and efficient use of dollars. Request for proposal (RFP /Q) will be submitted and evaluated in order to determine planned actual costs for each of the projects. Only then can we determine the reprioritization of the projects. i. Police neighbor relations: The concept of Community Oriented Policing is an essential aspect of my administration and as soon as the new Chief of Police comes on board, it will be established. j. Dog Park: Staff conducted surveys of the neighbors surrounding Dison, Van Smith, and Dante Fascell Parks with results reflecting displeasure of the idea. A survey of Fuchs Park neighbors is needed in order to identify the desire of the surrounding neighbors. Depending on the results of the last survey as well as the finances available a determination of the viability of this project will be made. k. Police- Analysis of size of the work force and associated costs - Assigned to Police with a due date of 3 November 2010. 1. Road repair schedule: The following are identified roads needing resurfacing due to damage or deteriorated asphalt surfaces: 1. SW 82nd St from SW 60th Ave to SW 62 Ave 2. SW 57 Court from SW 74 Street to SW 74 Terrace 3. SW 74 Terrace from SW 58 Avenue to SW 59 Avenue 4. SW 59 Avenue from SW 74 Street to SW 80 Street 5. SW 76 Street from SW 58 Avenue to SW 59 Avenue 6. SW 76 Terrace from SW 58 Ave. to end of cul -de -sac 7. SW 77 Terrace from Red Road to SW 59 Avenue 8. (SW 77 Terrace and 58 Ave. is a 4 -way stop intersection) 9. Brown Drive from SW 58 Court to SW 59 Avenue 10. SW 58 Court from Brown Drive to SW 80 Street 11. Brown Drive from SW 57 Court to SW 58 Avenue 12. SW 57 Court from Brown Drive to SW 80 Street 13. SW 62 Terrace from SW 60 Ave. to SW 62 Avenue 14. SW 63 Street from SW 60 Avenue to SW 62 Avenue 15. SW 63 Terrace from SW 60 Ave. to SW 62 Avenue 16. Commerce Lane 17. Progress Road 18. SW 58 Place 19. SW 69 Street 20. SW 62 Avenue from US 1 to SW 78 Street 21. SW 65 Avenue from SW 61 Terrace to SW 64 Street 22. SW 68 Street from SW 64 Place to SW 65 Avenue 23. SW 64 Street at SW 59 Avenue (North side) 24. SW 42 Street from SW 61 Avenue to SW 62 Avenue 25. SW 78 Street from SW 57 Court to SW 58 Avenue Numbers 3 and 4 are part of Citywide Drainage phase VI The Department of Public Works will be preparing an RFP for the selection of the most responsive and responsible bidder with the best price. Once a selection is made the road repairs will be made as budgeted. m. Updating City email list -The email listing is being updated on a routine basis by IDS. As employees having contact with vendors or external resources leave the city they will remain in our listing for a period of 30 days or until such time as a new person is hired to replace them. The old email address will be migrated towards the new employees' address so we do not loose contact with vendors. n. Dog "Pooper Scooper" Ordinance: Working this issue. We are looking at the Miami -Dade County's and other municipalities ordinances so as to create a model ordinance on this issue. o. Welcome to South Miami signs: A rendering was done for a City sign proposed for the City Hall pond area during the Sunset Improvements Phase I & II. C3TS is supposedly working on using the same type sign feature for the City's entry point. Public Works requested for C3TS to provide us with any information on this matter. p. Stop Signs: A list of requested stop sign implementation of the following addresses was submitted by Mr. Armand to Esther Calas, Miami -Dade County Public Works Department, on August 24, 2010: 62 Court from 64 Street to 68 Street — SR 10 -86479 (FP) 62 Place from 64 Street to 58 Street — SR 10 -86482 (FP) 63 Avenue from 64 Street to 58 Street — SR 10 -86484 (FP) 63 Court from 64 Street to Miller Drive — SR 10 -86486 (FP) 64 Avenue from Miller Dr. to 54 Street — SR 10 -86487 (AS) 64 Avenue from 48 Street to 52 Street — SR 10- 86488(AS) 65 Avenue from 61 Street to Miller Dr. - SR 10 -86489 (FP) 60 Avenue from 61 Street to Miller Dr. - SR 10 -86490 (FP) 58 Avenue from 50 Street to Miller Dr. — SR 10- 86491(AS) 58 Avenue from 52 Terrace to 53 Terrace - SR 10- 86492(AS) Miami -Dade County (Ellen Keeney) responded on August 25, 2010, that they will initiate traffic studies along these corridors. They expect the written response to be available within six to eight weeks or between 8 October and 22 October 2010. Staff will monitor. 6 END OF MEMORANDUM