1cm1a t
1 City of South Miami
2 Regular City Commission Minutes
3 October 19, 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 19, 2010, beginning at
9 7:21 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, City Clerk Maria M. Menendez and City Manager Hector
19 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 South Miami K -8 Center Red Ribbon Certification
29
30 The Mayor and City Commission presented a proclamation to
31 the Principal recognizing this distinguished award.
32
33 With no further presentations this section was closed.
34
35
36 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
37
38
39 1. Approval of Minutes
40
41 Minutes of September 7, and September 9, 2010
42
43 Moved by Mayor Stoddard and Commissioners Palmer and
44 Beasley, the minutes of September 7 and September 9, 2010 passed
45 by a 5 -0 vote:
CITY COMMISSION MINUTES 1
October 19, 2010
PTE9
1
2 Commissioner Palmer: Yea
3 Vice Mayor Newman: Yea
4 Commissioner Beasley: Yea
5 Commissioner Harris: Yea
6 Mayor Stoddard: Yea
7
8
9 2. City Manager's Report (25 minutes)
10
11 (See attached report)
12
13
14 With some further comments the City Manager's Report ended.
15
16
17 3. City Attorney's Report
18
19 (NONE)
20
21 With no further comments the City Attorney's Report ended.
22
23
24 PUBLIC REMARKS
25 (5 minutes)
26
27 David Tucker Sr. addressed the Commission regarding the
28 upcoming elections and the economic impact of advertisement
29 translated in the language of the minority population.
30
31 Penny McCrea addressed the Commission regarding the chicken
32 ordinance on the agenda; she talked about the benefits of
33 raising chickens in the backyard.
34
35 Sharon McCain addressed the Commission regarding items no.
36 5 and no. 8 on the agenda, expressing concern about the costs on
37 the two different issues.
38
39 Beth Schwartz spoke in support of the chickens ordinance
40 and also spoke in support of item no. 16 on the agenda regarding
41 the change to the future land use map category on SW 62 "d Avenue
42 from four to two stories.
43
44 With no further speakers this section was closed.
45
46
47 3. Commission Reports, Discussion & Remarks (25 minutes)
48
CITY COMMISSION MINUTES 2
October 19, 2010
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Mot,
Commissioner Harris:
• Need a sign across the street from the Community
Center to make the entrance more visible;
• Miami -Dade County is now beginning to enforce
recycling in businesses and the ordinance should be
applied in South Miami; he asked staff to send a
letter to business owners making them aware of this
new ordinance;
• Attended the CAA meeting
new RFP for the pool; he
with the CAA Board to discu
• Would like for the City of
to endorse the legalization
Commissioner Palmer:
and informed them about the
urged setting up a meeting
ss the pool issue;
South Miami to be the first
of medicinal marijuana.
• Reported a problem with speeding motorists in her area
where her dog was killed instantly by a commercial
truck turning at high speed at SW 62nd Avenue and SW
59th Street, and that it almost hurt her husband who
was putting out the garbage; she said that something
must be done about the speeding and cut - through
traffic.
Mayor Stoddard:
• The American Heart Association is having a 5K Walk,
Saturday, October 30th at 9:00 a.m. held at the FIU
Campus on SW 8th Street;
• The Parks and Recreation Department is having an After
School Program Open House at the Community Center on
October 21St at 6:00 p.m.;
• Placing public service announcements on Channel 77 to
remind people of early voting;
• Scheduling a workshop on the South Miami Park Master
Plan for October 27th at 7:15 p.m.;
• Received a preliminary report from Professor Weisskoff
on the economy of the transmission lines on the
proposed transmission corridor; met with Pinecrest,
Palmetto Bay and the County on the alternate corridor
study and settled on a proposed route for the
alternate corridor; Professor Weisskoff said that they
need the assistance of an appraiser or an assessor at
this point. In response to Commissioner Palmer's
concern regarding possible additional costs to the
study, Mayor Stoddard explained that according to
CITY COMMISSION MINUTES
October 19, 2010
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Professor Weisskoff, the impact of transmission lines
on property value varies by location and he did not
feel comfortable generalizing and needs more specific
information; Mayor Stoddard concurred with
Commissioner Palmer's concerns, saying that when
Professor Weisskoff returns they need to discuss with
him in more detail what he will need.
• Request from merchants regarding "Safe Streets
Halloween" celebration; the merchants of the one
particular block being closed for the event were
hoping that the City could cover the cost of the
parking meters; the Commission said not having a
problem with the request; the City Manager said that
the results of the preliminary study revealed that the
cost to the City, including police, Public Works and
the meters will be $1,450.00 (without the candy); with
the candy is $1,950.00.
With no further comments this section was closed.
At this time the Mayor announced a 5- minute break.
As the meeting reconvened, items no. 5 and no. 9 were
pulled from the Consent Agenda (now nos. 8 and 9)
5
(BEGINNING OF CONSENT)
232 -10 -13266
A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to City
Commission meetings; rescheduling the City Commission
meeting of Tuesday, November 2, 2010 to Monday,
November 1, 2010, starting at 7:30 p.m.; providing an
effective date. 3/5
(Mayor Stoddard)
224 -10 -13258
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20- 4.3(N)
to permit the installation of a banner over Sunset
Drive to promote the 28th Annual Santa's Elves Parade
a community event sponsored by the City of South Miami
to be held in downtown South Miami on December 5,
2010; providing for an effective date. 3/5
(City Manager- Planning Dept.)
CITY COMMISSION MINUTES
October 19, 2010
E
1 225 -10 -13259
2 7. A Resolution of the Mayor and City Commission of the
3 City of South Miami, Florida, relating to attorney
4 fees; approving attorney fees for Squire Sanders and
5 Dempsey, LLP in the amount of $13,673.76; charging
6 account No. 001.1500.514.3410; and providing an
7 effective date. 3/5
8 (City Manager- Finance Dept)
9
10 Moved by Commissioner Beasley, seconded by Commissioner
11 Palmer, the motion to approve the Consent Agenda passed by a 5 -0
12 vote:
13
14 Commissioner Palmer: Yea
15 Vice Mayor Newman: Yea
16 Commissioner Beasley: Yea
17 Commissioner Harris: Yea
18 Mayor Stoddard: Yea
19
20
21 (END OF CONSENT)
22
23
24 RESOLUTIONS)
25
26 226 -10 -13260
27 8. A Resolution of the Mayor and City Commission of the
28 City of South Miami, Florida, authorizing the City
29 Manager to execute and issue a Purchase Order for FY
30 2010 -2011 to the firm International Data Consulting
31 (IDC) a Multimedia and Information Technology
32 Consulting Services; and providing for an effective
33 date. 3/5
34 (City Manager- Finance Dept)
35
36 Moved by Commissioner Beasley, seconded by Mayor Stoddard
37 to approve this item.
38
39 Vice Mayor Newman explained that she pulled this item from
40 the Consent for purposes of clarification regarding the $65 per
41 hour rate. She said that the Commission has expressed the desire
42 to have the ERPB, the Special Masters, important workshops and
43 COW meetings televised, and all of this might increase the cost
44 of services.
CITY COMMISSION MINUTES rj
October 19, 2010
paq
1 Mr. Riverol explained that some of the meetings mentioned
2 would be covered by in -house staff.
3
4 Vice Mayor Newman asked as to how soon we could start
5 broadcasting the ERPB and Special Master meetings. The City
6 Manager said that it will be done. The Vice Mayor also asked
7 whether the meetings would run on a set schedule. Dr. Mirabile
8 said that he would look into it, and Mayor Stoddard suggested
9 getting an intern to help with the programming.
10
11 With some further comments, the motion to approve this item
12 passed by a 5 -0 vote:
13
14 Commissioner Palmer: Yea
15 Vice Mayor Newman: Yea
16 Commissioner Beasley: Yea
17 Commissioner Harris: Yea
18 Mayor Stoddard: Yea
19
20 227 -10 -13261
21 9. A Resolution of the Senth 14ianti— Ga =:s. ='n �t
22 Mayor and City Commission
23 of the City of South Miami, Florida, approving a
24 budget for the SMCRA Agency for the Fiscal Year
25 beginning October 1, 2010 and ending September 30,
26 2011; authorizing the expenditure of funds established
27 by the budget; authorizing the Agency to submit the
28 budget to Miami -Dade County for approval; and
29 providing an effective date. 3/5
30 (City Manager - SMCRA Dept)
31
32 Moved by Commissioner Beasley, seconded by Mayor Stoddard
33 to approve this item.
34
35 Commissioner Beasley pulled this item in order to correct
36 the title of the Resolution.
37
38 Moved by Commissioner Beasley to amend this item by
39 correcting the title. Seconded by Commissioner Palmer, the
40 motion to approve this amendment passed by a 5 -0 vote:
41
42 Commissioner Palmer: Yea
43 Vice Mayor Newman: Yea
44 Commissioner Beasley: Yea
45 Commissioner Harris: Yea
46 Mayor Stoddard: Yea
47
CITY COMMISSION MINUTES 6
October 19, 2010
1 PT29
2 Mr. David referred to an amended budget with additional
3 revenues which was approved by the Board at the SMCRA budget
4 hearing, allocating additional funding for debt service. This is
5 reflected on line 87 of the budget.
6
7 Moved by Commissioner Beasley to amend line 87 of the SMCRA
8 budget. Seconded by Commissioner Palmer, the motion to approve
9 this amendment passed by a 5 -0 vote:
10
11 Commissioner Palmer: Yea
12 Vice Mayor Newman: Yea
13 Commissioner Beasley: Yea
14 Commissioner Harris: Yea
15 Mayor Stoddard: Yea
16
17 With some further comments, the motion to approve this item
18 as amended passed by a 5 -0 vote:
19
20 Commissioner Palmer: Yea
21 Vice Mayor Newman: Yea
22 Commissioner Beasley: Yea
23 Commissioner Harris: Yea
24 Mayor Stoddard: Yea
25
26 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
27
28 38 -10 -2063
29 10. An Ordinance of the Mayor and City Commission of the
30 City of South Miami, Florida amending the South Miami
31 Pension Plan, providing for an amendment to Section
32 16 -12, Definitions, to comply with current City policy
33 concerning the definitions of annual compensation,
34 final average compensation, department head, employee,
35 full time employee, participation and part -time
36 employee; amending Section 16- 14(f)(1)(b) to allow
37 retired participants to change a beneficiary up to two
38 times at the participant's cost in compliance with
39 Chapter 2009 -97, Laws of Florida; amending the City of
40 South Miami Police Officers Retirement Trust Fund to
41 provide for compliance with chapter 2009 -97, Laws of
42 Florida; amending Section 16 -171bl to eliminate the 3%
43 interest payment on return of contribution; providing
44 for severability; providing for codification; and
45 providing for an effective date. 3/5
46 (City Manager- Pension Attorney)
CITY COMMISSION MINUTES 7
October 19, 2010
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Ilayt
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Dr. Mirabile presented this item, explaining that in
reviewing the letter submitted by the PBA attorney, and after a
prolonged research on this matter he realized that there are
certain points of law that it is better to move to the labor
negotiations aspect. He said that presently we only have
statements but that we need actual facts that have to be
reviewed; once those are reviewed, he and the labor counsel will
make a determination and meet with the PBA to discuss whether or
not there is validity, and if there is then we will negotiate.
If it means a change of the terms and conditions of employment,
we are compelled by Florida Statutes to negotiate this item; we
are prepared to do so but first we have to get the facts. He
then requested that on page 3, where the final average
compensation is defined, that it stays in the current form as it
is in the current existing ordinance, and that no modifications
be made to that item.
Moved by Commissioner Beasley to amend the ordinance as per
the City Manager's instructions. Seconded by Vice Mayor Newman,
the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
At this time the public hearing was opened.
PBA Attorney James Casey addressed the Commission
expressing appreciation for listening to him and for taking the
advice of the City Manager and the labor counsel. He said he
hopes to be able to come to some sort of agreement and move
forward on this issue which has been around for a long time.
Bran Cassel said that he and the Pension Board Chairperson,
Javier Banos, both agree with the City Manager's suggestion and
would like to expedite working on this language in the future.
With no further speakers the public hearing was closed.
With no further comments, the motion to approve this item
as amended passed by a 5 -0 vote:
CITY COMMISSION MINUTES 8
October 19, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Harris:
Mayor Stoddard:
Yea
Yea
Yea
Yea
Yea
39 -10 -2064
11. 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 category from Single -
Family Residential (Two- Story) to Parks and Open Space
for the property identified as Van Smith Park
located at 7800 SW 59 Avenue (Folio No. 09- 4036 -039-
0020 and Folio No. 09- 4036 - 039- 0025) ; 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
to approve this item.
At this time the public hearing was opened.
Sharon McCain said that there was no appraisal in the
backup for this property; she urged staff to try locating an
appraisal, and wondered whether an appraisal was actually done.
With no further speakers the public hearing was closed.
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
40 -10 -2065
12. An Ordinance of the Mayor and the City Commission of
the City of South Miami, Florida relating to the fee
schedule, amending Ordinance 21 -09 -2013 as amended by
Ordinances to include a new Parking Division Fee
Schedule, increasing some parking fees, adding new
fees and deleting some fees from the schedule,
CITY COMMISSION MINUTES
October 19, 2010
E
1 providing for severability, Ordinances in conflict,
2 and providing an effective date. 3/5
3 (City Manager - Finance Dept.)
4
5 Moved by Commissioner Beasley, seconded by Commissioner
6 Palmer to approve this item.
7
8 At this time the public hearing was opened.
9
10 Sharon McCain referred to the fee for planting trees and
11 also for having a garage sale; she said that the landscape
12 permit fee should be removed.
13
14 John Edward Smith urged the Commission to defer this item
15 to allow staff to review and correct errors.
16
17 With no further speakers the public hearing was closed.
18
19 Mayor Stoddard said for clarification that all they were
20 voting on tonight was to add an item to the fee schedule which
21 would have no impact on the rest of the fee schedule. He then
22 concurred that the fee schedule needs significant revision.
23
24 With some further comments, the motion to approve this item
25 passed by a 5 -0 vote:
26
27 Commissioner Palmer: Yea
28 Vice Mayor Newman: Yea
29 Commissioner Beasley: Yea
30 Commissioner Harris: Yea
31 Mayor Stoddard: Yea
32
33 41 -10 -2066
34 13. An ordinance of the Mayor and City Commission of the
35 City of South Miami, Florida, relating to Chapter 5 of
36 the City Code, amending Sections 5 -2, 5 -2.1, 5 -2.2, 5-
37 2 -3 and 5 -2.4 and creating 5 -2.5 through 5 -2.12 of the
38 Code of Ordinances entitled "Poultry and fowl ", now to
39 be entitled "Chickens "; providing for the maintaining
40 of well - mannered chickens under certain terms and
41 conditions; creating enforcement procedures; providing
42 for severability, ordinances in conflict, and an
43 effective date. 3/5
44 (Mayor Stoddard -City Attorney)
45
46 Moved by Commissioner Beasley, seconded by Commissioner
47 Palmer to approve this item.
CITY COMMISSION MINUTES 10
October 19, 2010
t-
1 At this time the public hearing was opened.
2
3 Sharon McCain addressed the Commission in opposition to
4 this item, reading from an article in the New York Times
5 outlining all the problems relating to raising chickens in
6 backyards.
7
8 David Tucker Sr. addressed the Commission with a touch of
9 humor about the language in the Ordinance.
10
11 Vannak Stoddard addressed the Commission in support of this
12 item. She said that she watched as her cousins in Wisconsin
13 played with their chickens and that it was a lot of fun; the
14 chickens also ate all of the bugs.
15
16 With no further speakers the public hearing was closed.
17
18 The majority of the Commission spoke in support of the
19 Ordinance. Commissioner Palmer spoke against the Ordinance,
20 saying that it would create a nuisance among neighbors when
21 chickens cross properties destroying people's gardens.
22
23 Moved by Mayor Stoddard to amend this item to specify "four
24 (4) adult hens, plus five (chicks) . Seconded by Vice Mayor
25 Newman, the motion to approve this amendment passed by a 5 -0
26 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 With no further comments, the motion to approve this item
35 as amended passed by a 4 -1 vote:
36
37 Commissioner Palmer: Nay
38 Vice Mayor Newman: Yea
39 Commissioner Beasley: Yea
40 Commissioner Harris: Yea
41 Mayor Stoddard: Yea
42
43
44 42 -10 -2067
45 14. An Ordinance of the Mayor and City Commission of the
46 City of South Miami, Florida, amending the text of the
47 South Miami Comprehensive Plan, by amending the
48 Comprehensive Plan Future Land Use Element in order to
CITY COMMISSION MINUTES 1 1
October 19, 2010
m1a t�
1 adopt a new future land use map category entitled
2 "Low Density .Affordable Multiple - Family Residential
3 (Two story)" which in the future could be applied to
4 development projects and properties providing
5 multiple - family housing units or town home units in
6 transitional residential areas; providing for
7 severability, providing for ordinances in conflict;
8 and providing an effective date. 4/5
9 (City Manager- Planning Dept)
10
11 Moved by Commissioner Beasley, seconded by Commissioner
12 Palmer to approve this item.
13
14 At this time the public hearing was opened.
15
16 Sharon McCain said that this and the next two ordinances
17 should not be in the books. She said that according to the SMCPA
18 plan they cannot have the power to independently zone or rezone
19 property. She said that affordable housing will affect the
20 entire City.
21
22 Beth Schwartz said that the SMCPA Board is composed of the
23 entire City Commission, and that this and the next two
24 ordinances have every right to be on here; they have gone
25 through due process and everything has been transparent.
26
27 With no further speakers the public hearing was closed.
28
29 Vice Mayor Newman said for clarification that this is just
30 adding the category to be used at a future date as the
31 Commission deems.
32
33 Mr. Vageline said that this adds a new category to the
34 Comprehensive Plan and it does not apply to any property. We
35 currently do not have a two -story category for multi - family in
36 the Comprehensive Plan.
37
38 Commissioner Palmer expressed concern about the fact that
39 this if approved could be applied anywhere in the City. Mr.
40 Youkilis explained that in addition, anyone applying for the
41 change in the land use category will have to pay a huge fee and
42 a five -fifth vote would apply.
43
44 With some further comments, the motion to approve this item
45 passed by a 4 -1 vote:
46
47 Commissioner Palmer: Nay
48 Vice Mayor Newman: Yea
CITY COMMISSION MINUTES 12
October 19, 2010
PT
1 Commissioner Beasley: Yea
2 Commissioner Harris: Yea
3 Mayor Stoddard: Yea
4
5 43 -10 -2068
6 15. 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 map category from Mixed -
10 Use Commercial Residential (Four Story) to Mixed Use -
11 Affordable Housing (Two Story) for an area identified
12 as a part of the proposed Madison Square Development
13 Project generally located at the southeast corner of
14 SW 64th Street and SW 60th Avenue and the southeast
15 corner of SW 64th Street and SW 59th Place including
16 properties more specifically legally described in
17 Section 1 of this ordinance; providing for
18 severability; providing for ordinances in conflict;
19 and providing an effective date. 4/5
20 (City Manager - Planning Dept)
21
22 Moved by Commissioner Beasley, seconded by Mayor Stoddard
23 to approve this item.
24
25 At this time the public hearing was opened.
26
27 Sharon McCain reiterated that the Commission cannot use the
28 SMCRA to zone. She said that this pertains to the SMCRA, and
29 that the Commission is using the SMCRA to zone the rest of the
30 City.
31
32 With no further speakers the public hearing was closed.
33
34 Commissioner Beasley said for clarification that every time
35 that the Commission votes on an item it becomes their issue and
36 not the SMCRA issue.
37
38 Mr. Youkilis said that this issue is coming to the
39 Commission from the Planning Board acting as the Local Planning
40 Agency; there was a request that came in through the Planning
41 and Zoning Department to the Local Planning Agency from the
42 SMCRA.
43
44 With some further comments, the motion to approve this item
45 passed by a 4 -1 vote:
46
47 Commissioner Palmer: Nay
CITY COMMISSION MINUTES 13
October 19, 2010
m1a f t!
1 Vice Mayor Newman: Yea
2 Commissioner Beasley: Yea
3 Commissioner Harris: Yea
4 Mayor Stoddard: Yea
5
6 44 -10 -2069
7 16. An Ordinance of the Mayor and City Commission of the
8 City of South Miami Florida, amending the Future Land
9 Use Map of the South Miami Comprehensive Plan by
10 changing the future land use map category from Mixed -
11 Use Commercial Residential (Four Story) to Residential
12 / Limited Commercial District (Two Story) for an area
13 identified as all properties facing the west side of
14 SW 62 Avenue from SW 64th Street to SW 69th Street
15 including 6914 SW 62nd Avenue said properties more
16 specifically legally described in Section 1 of this
17 ordinance; providing for severability; providing for
18 ordinances in conflict; and providing an effective
19 date. 4/5
20 (City Manager- Planning Dept)
21
22 Moved by Commissioner Beasley, seconded by Mayor Stoddard
23 to approve this item.
24
25 At this time the public hearing was opened.
26
27 Sharon McCain said that when she spoke for item no. 14 she
28 included item no. 16 and that was an error on her part, saying
29 that she supports this item. However, she said for the record
30 that they should all remember that a lot of the City Attorney's
31 statements are interpretation of law, alluding to the
32 interpretations from the prior City Attorney with regard to the
33 bond for the parking garage.
34
35 Yvonne Beckman also spoke in support of this item. She said
36 that about the other items referred by Ms. McCain she will be
37 speaking at the Planning Board level where she is a member.
38
39 Beth Schwartz also expressed support for this item.
40
41 With no further speakers the public hearing was closed.
42
43 Mr. Youkilis said for the record that two properties were
44 removed from the list on first reading; all properties on the
45 west side of SW 62nd down to and including 6914 SW 62nd Avenue
46 are within the area being changed; the other two properties were
47 removed because they have a boundary line splitting them in two;
CITY COMMISSION MINUTES 14
October 19, 2010
m1a t,
1 therefore, those will be done at a later date since that is not
2 a simple land use change.
3
4 Commissioner Palmer asked how a protest from some of the
5 owners will impact any decision tonight. She also said that she
6 is in favor of 3/2.
7
8 Mr. Feingold said that he does not believe that there will
9 be any impact since they are already in litigation on these
10 issues and they filed this protest to protect their rights.
11
12 Mayor Stoddard said that before this meeting he went
13 walking through the subject area. He said that he is generally a
14 proponent of greater height because he thinks that density can
15 be done well; however, he looked at these properties very
16 carefully with an idea of 3/2 but the problem is that they have
17 a very narrow building area; consequently, he concluded that
18 three stories would have a significant impact on the properties
19 immediately to the west. He said that he now understands better
20 the sentiment of the Citizens Report.
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 The following items no. 17 and no. 18 were read
33 simultaneously and the public hearing was opened for both items
34 at the same time.
35
36 RESOLUTION (S) PUBLIC HEARING (S)
37
38
39 228 -10 -13262
40 17. A Resolution of the Mayor and City Commission of the
41 City of South Miami, Florida, authorizing the City
42 Manager to enter into an agreement with SunGard Public
43 Sector Inc., a sole source vendor for Software
44 Maintenance for the sum of $175,000.00 for a five year
45 period, with an annual maintenance fee payment of
46 $35,000.00 to be paid from account number 001 -1410-
CITY COMMISSION MINUTES 15
October 19, 2010
m1a t,
1 513 -4634 Maintenance Computer Programs; and providing
2 for an effective date. 3/5
3 (City Manager- Finance Dept)
4
5 Moved by Commissioner Beasley, seconded by Mayor Stoddard
6 to approve this item.
7
8 The public hearing was opened for this and the following
9 item.
10
11 Sharon McCain said that there should had been an RFP done
12 for this service; she said that $347,000 is a lot of money and
13 that as a member of the Budget and Finance Committee she was
14 informed that it would be $150,000.
15
16 With no further speakers the public hearing was closed.
17
18 Regarding item no. 18, Mr. Riverol explained that the
19 software is an upgrade of the current one which we have been
20 using since 1995. The sum of $172,070 is the cost of the upgrade
21 and is being financed interest free by SunGard for a 5 -year
22 period. Regarding item no. 17, he explained that we are
23 guaranteed $35,000 for the next five years.
24
25 With some 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
34 229 -10 -13263
35 18. A Resolution of the Mayor and City Commission of the
36 City of South Miami, Florida, authorizing the City
37 Manager to enter into an agreement with SunGard Public
38 Sector Inc., a sole source vendor, for Software
39 License and Services, for the sum of $172,070.00 for a
40 5 -year period, interest free, for a total amount of
41 $34,414.00 annually to be paid from account number
42 001 -1410- 513 -7110, Debt Service - Principal, and
43 providing for an effective date. 3/5
44 (City Manager- Finance Dept)
45
46 Moved by Commissioner Beasley, seconded by Mayor Stoddard
47 to approve this item.
48
CITY COMMISSION MINUTES 16
October 19, 2010
m1a t!
1 With no further comments, the motion to approve this
2 item passed by a 5 -0 vote:
3
4 Commissioner Palmer: Yea
5 Vice Mayor Newman: Yea
6 Commissioner Beasley: Yea
7 Commissioner Harris: Yea
8 Mayor Stoddard: Yea
9
10 230 -10 -13264
11 19. A Resolution of the Mayor and City Commission of the
12 City of South Miami, Florida, authorizing the City
13 Manager to execute an agreement with Digital Payment
14 Technologies, Corp.; a Canadian federal corporation
15 authorized to transact business in the State of
16 Florida to purchase thirty -eight (38) Parking Pay
17 Stations to be placed throughout the City of South
18 Miami, providing for an effective date. 3/5
19 (City Manager - Finance Dept.)
20
21 Moved by Commissioner Beasley, seconded by Mayor Stoddard
22 to approve this item.
23
24 At this time the public hearing was opened.
25
26 Sharon McCain said that this was not presented to the
27 Budget and Finance Committee. She said that in the future and on
28 an expenditure of this magnitude, the Commission should have a
29 workshop with the ability to ask questions to different
30 companies.
31
32 With no further speakers the public hearing was opened.
33
34 Dr. Mirabile said that the Charter gives the City Manager
35 the power and authority to make management decisions, and this
36 is the only way that the City can function. By involving a
37 committee in every single one of the decision making process we
38 would get nowhere. He said that what he is trying to do with
39 every other committee is to reach out to the chairperson who
40 gets the information and finally disseminates it to the entire
41 committee.
42
43 Mr. Feingold said that we have been successful in
44 piggybacking on the contract of Ft. Lauderdale, enabling us to
45 save in the process by taking advantage of a contract with a
46 large governmental entity.
47
CITY COMMISSION MINUTES 17
October 19, 2010
llaTt!
1 Vice Mayor Newman said that they had a presentation at the
2 last Commission meeting, and they also had a three -hour workshop
3 on this very item.
4
5 Mr. Riverol said that they followed the Ft. Lauderdale bid,
6 they used the evaluation, they spoke to the evaluators who
7 actually went to the presentations of the four companies, and
8 that is how they made their determination. In addition, they
9 visited the various parking meters locations of Parkeon and
10 Digital, and through that process they were able to make a
11 determination and recommendation to the Commission.
12
13 Commissioner Palmer said that it had been established that
14 the City would always go for an RFP; she then said that the
15 chairperson of a board is not the only voice; the chairperson
16 should bring the item to the board and discuss it as a body, and
17 then the chairperson would take the recommendation to the City
18 Manager.
19
20 Mayor Stoddard said that being able to piggyback on a much
21 larger bid is going to give you the kind of price you cannot get
22 on a small one.
23
24 Mr. Riverol said that another reason for not going for an
25 RFP was that in South Florida there are only two competitors
26 that people know how to use already which are Digital and
27 Parkeon. He said that they were looking for a proven system that
28 is established here in our market and those are the only two.
29
30 With some further comments, the motion to approve this item
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
40 231 -10 -13265
41 20. A Resolution of the Mayor & City Commission of the
42 City of South Miami, Florida, relating to a request
43 for a variance from Section 20- 3.5(G) of the Land
44 Development Code to allow a front setback of 23.5 feet
45 where a minimum of 25 feet is required on property
46 located at 5743 SW 76 Terrace, South Miami, Florida,
47 within the "RS -311, Low Density Residential zoning use
48 district; the purpose of the variance is to correct an
CITY COMMISSION MINUTES 18
October 19, 2010
llaTt!
1 error made when the home was constructed in 1987;
2 providing for an effective date. 4/5
3 (City Manager- Planning Dept.)
4
5 Moved by Commissioner Beasley, seconded by Mayor Stoddard
6 to approve this item.
7
8 At this time the public hearing was opened.
9
10 Sharon McCain spoke in support of this request.
11
12 With no further speakers the public hearing was closed.
13
14 Dr. Mirabile said that it was the surveyor years ago that
15 made a mistake by not measuring the front setback correctly, and
16 the buyer's mortgage company has refused to close on the
17 purchase as long as the setback violation remains.
18
19 With some further comments, the motion to approve this
20 item passed by a 5 -0 vote:
21
22 Commissioner Palmer: Yea
23 Vice Mayor Newman: Yea
24 Commissioner Beasley: Yea
25 Commissioner Harris: Yea
26 Mayor Stoddard: Yea
27
28
29 21. A Resolution of the Mayor and City Commission of the
30 City of South Miami, relating to a request pursuant to
31 Section 20-3.4(b) (4) (b) of the Land Development Code
32 for Special Use Approval to locate a general
33 restaurant at 7301 SW 57 Court (Plaza 57 Building)
34 within the "SR(HD -0V)11 Specialty Retail (Hometown
35 District - Overlay Zone); and providing an effective
36 date. 4/5
37 (City Manager- Planning Dept.)
38
39 Moved by Commissioner Beasley, seconded by Vice Mayor
40 Newman to approve this item.
41
42 Mr. Vageline explained that there was one more change to
43 the revised resolution, on page 2, item 5 (bolded and
44 underlined) which reads: "The applicant shall provide to the
45 City an affidavit that building management shall cease and
46 decease from charging a fee or lease of any kind for the use of
47 required parking spaces in the building." Mr. Vageline
CITY COMMISSION MINUTES 19
October 19, 2010
m1a t
1 recommended replacing building management with building owner,
2 7300 Investments LLC.
3
4 Moved by Commissioner Beasley, seconded by Vice Mayor
5 Newman to accept recommended amendment above by staff.
6
7 Mr. Feingold said that his only concern is that he does not
8 see a time period for providing an affidavit from the owner of
9 the building.
10
11 At this time the public hearing was opened.
12
13 Javier Fernandez addressed the Commission on behalf of the
14 applicant, saying that he agreed with the conditions on behalf
15 of the applicant and that he understands that they have to
16 satisfy these conditions before obtaining the certificate of
17 occupancy. He then urged the Commission to approve this item as
18 presented by staff.
19
20 Sharon McCain referred to the condition by Dr. Mirabile for
21 the building owner to submit the monthly leases for this
22 meeting. She urged the Commission to verify how many parking
23 spaces are available. She then continued referring to the
24 history of the building as it relates to the parking issue.
25
26 After an extensive discussion among the Commission and
27 staff, it was moved by Commissioner Harris and seconded by Mayor
28 Stoddard to defer this item until such time as staff and legal
29 can assure that all parking matters are resolved.
30
31 Commissioner Beasley said that the problem with deferring
32 this item is that there could be contractual issues that may
33 cause a problem with deferred items for a certain period of
34 time.
35
36 Commissioner Palmer urged the Commission to try to resolve
37 this matter in order to help the applicant.
38
39 The motion to defer this item failed by a 2 -3 vote.
40 Commissioner Beasley: Nay; Vice Mayor Newman: Nay; Commissioner
41 Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea.
42
43 Commissioner Palmer: Nay
44 Vice Mayor Newman: Nay
45 Commissioner Beasley: Nay
46 Commissioner Harris: Yea
47 Mayor Stoddard: Yea
48
CITY COMMISSION MINUTES 20
October 19, 2010
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With no further comments, the motion
failed by a 2 -3 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
PT
to approve this item
Yea
Nay
Nay
Yea
Nay
ORDINANCE (S) FIRST READING
22. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the City Code
by creating Sec. 2 -8.1 to authorize the use of
cooperative purchasing to acquire goods and services
required by the City; Providing for conflict and an
effective date. 3/5
(Mayor Stoddard)
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 4 -0 vote:
Commissioner Palmer: Absent
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 11:39 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
October 19, 2010
21
Approved
Philip K. Stoddard
Mayor
t<�a4
1 ^f{
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: October 19, 2010
From: Hector Mirabile, Ph.D., City Manager
Re: Manager's Report
The following is my report for the commission meeting of October 19, 2010.
I. Accomplishment.
a. New IT IDS successes:
i. Discovered the issue with the overhead microphones not working and
corrected it. The microphones are not set up for amplification of voice to
the chamber but will record the voice of speakers in the general location
around the center table. This means that the viewers will be able to hear
the conversations on and around the table.
ii. The City had a major network downfall due to a power surge which one of
the controller to become inoperative. After a 30 hours of continuous
operations IDC was able to get police back online and this past week they
were able to get most of the City departments back up.
b. FINANCE:
i. Facilitated a commission workshop on the multi -space parking stations.
Demonstration by Digital was conducted. It was identified that "pay for
plate" was not at the technical proven stage to proceed at this time. Pay
for space or pay and display was discussed and the majority of the
workshop attendants desired the pay for space. The issue of the meter
poles was determined to be an eye sore and not conducive to the ambiance
of South Miami. Thus, the City will use a number display on the curb
which is less of an eye sore.
c. CENTRAL SERVICES:
i. Transitioned the majority of the personnel from ATT to Verizon cellular
telephones.
ii. FY 2010 -2011 Budget was loaded and departments are able to spend city
funds as prescribed in the City's budget.
iii. Applications for the City's Purchasing Manager were received and the
CFO is conducting interviews for the position. We anticipate the filling of
the position by October 29, 2010.
City Manager's Report to Commission; October 19, 2010
2
d. Code Enforcement: All Code Enforcement staff attended Police Partnership &
Code Enforcement: Community policing training for their required recertification
credits.
e. Police: Contract for Chief of Police Orlando Martinez de Castro was approved.
South Miami Police Department (SMPD) is actively conducting protracted
investigations in the South Miami area in an effort to reduce violent crimes as well
as the proliferation of the narcotics trade in our area of responsibility.
f. Human Resources: Actively recruiting for approved vacancies /positions: Human
Resources Director, Purchasing Manager, Grants & Sustainable Initiatives
Administrator, Police /Public Service Aide, Police Captain, Reserve Officer, Park
Service Aide, & Park & Rec. Instructor.
g. Public Works: 1) 15 signs of the 165, 25 MPH speed limit signs and accessories
were installed; the remainder is a work in progress. 2) Asphalt removal at the old
,inspection station is completed. 3) 17 trees were trimmed. 4) Graffiti was
removed from five locations. 5) Street light inspection was conducted and faulty
lights were reported to FPL. 6) Canal inspection was performed reference 7143
SW 66 Avenue complaint of trash in the water. The area in question is at the end
of the canal and trash gets trapped and builds up at the end of the canal. Access to
that section of the canal is being work on. 7) Storm drain inspection and cleaning
in the downtown business district was performed. 8) Two traffic calming
workshops were set up for October 27 and 28, at 6pm and 6:30 pm respectively.
One workshop is for prioritizing the projects and the other for the 62nd Ave. and
42nd Street projects.
h. Parks and Recreation (Since last report):
Senior Citizen's Center:
October 11th Seniors went to the Casino for lunch and fun. Seniors paid $10.00 per person for
this field -trip; transportation was included through the Casino,
October 14th Hearing and Speech center came and distributed free phones for the hearing and
speech impaired.
October 8th Seminar held at the Senior Center —Topic "Taking control."
October 19th Care Plus brought goodies for seniors.
October 211 Blood pressure screening sponsored by Miami Dade County.
October 22 "d Massages for seniors.
Other activities which occurred during these past two weeks are: Mondays, Tuesdays and Thursdays
boot camp for seniors. Mondays and Thursdays Art class. Food shopping, Wal -Mart weekly -
transportation provided through Parks & Recreation Department.
Community
Center Activities:
•
Miami Strings Project Rehearsals:
•
Or Anna Price Universal Truth Teaching:
•
Dade Balvihar Hindu Class:
•
Pewee and 75lbs Football Practice:
•
Miami Basketball Adult League:
•
Miami Basketball Youth Coach Meeting:
•
Miami Basketball League Youth Draft:
•
South Miami Middle School Volleyball Game:
•
Jazzercise:
•
Grey Ghost Cheer Lead Training for Competition:
•
Travel Baseball Coaches Meeting:
Every Saturday
Every Saturday
Every Sunday
Weekly
Weekly
10/14/2010
10/14/2010
10/14/2010
Weekly
Weekly
10/14/2010
City Manager's Report to Commnission; October 19, 2010
Y South Miami Police Explorers Meeting: Weekly
II. Commission directives or issues:
a. Crime and drug enforcement. Complaints received are as follows- [NOTE:
Police began conducting covert protracted operations as well as normal
interdiction in conjunction with Code Enforcement to displace the drug trade].
i. 5822 SW 62 "d 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 n1 the open.
v. 5891 SW 62 Street -Sale of marijuana.
vi. 6140 SW 64d' Street - Narcotics sales.
vii. 6501 and 6500 SW 60 °i Avenue -Vacant houses, drug sales.
viii. 6620 SW 62 Ct. (Burnt down & Abandoned house, drug sales, etc.) —
Update status: CE referred property to the Building Dept. to start unsafe
structure demolition process.
b. Murray Park Pool: The three responsible proponents for the design and built of
the poll were contacted and they are all willing to downsize their proposed designs
to fit the smaller budget of 1.3 million and will resubmit their proposals.
c. Pension: A review of the methodology used by the South Miami Pension System
in determining the final average compensation will be conducted as soon as the
information is received from the South Miami Pension Board. The Pension ad hoc
Committee is still working on providing the Commission with courses of action to
improve the City's financial position in its requirements for percent of payroll
contributions caused by the current benefits and the instability of the ROI.
d. Parking reform: Parking fee and parking collection devices are before the
Commission today for your approval.
e. Green action plan -Staff reviewed the DRAFT Green Task Force Green Master
Plan dated August 20, 2010. Purchase order completed and submitted to M2E
Consulting Engineers. This project is an energy audit for City Hall.
f Master Park Plan: The South Miami Park Master Plan was resubmitted to
members of the Commission with an accompanying letter from me requesting a
review of the information and recommended a workshop on the matter to receive
guidance on the moving forward plan.
g. Traffic Calming completion: The priority of works and distribution of dollars
through the budget process brought out some citizen concerns regarding the safety
and welfare of their neighborhoods and requested expedited moves in establishing
traffic calming areas. We received various input from non professional sources as
to methods of staging the implementation. Staff is evaluating the possibility of
initiating traffic calming in various locations in stages.
h. Police neighbor relations: Chief Orlando Martinez de Castro is analyzing the
South Miami Police Department for a table of organization realignment which
would promote community oriented policing.
City Manager's Report to Commission; October 19, 2010
Dog Park: A survey of Fuchs Park neighbors was sent to 40 addresses. No
results were received as of today. 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.
j. Police - Analysis of size of the work force and associated costs - Assigned to
Police with a due date of 3 November 2010.
k. 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 fi-om 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
Ill
The Department of Public Works is 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.
1. Updating City email fist -Work in progress.
m. Dog "Pooper Scooper" Ordinance: No change. Continuing to work 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.
n. Welcome to South Miami signs: The Commission requested that Mr. John
Edward Smith take the lead on the design for the sign.
City Manager's Report to Commission; October 14, 2010
5
o. Stop Signs: No change in status. A list of requested stop sign implementation of
the following addresses was submitted by Mr. Annand to Esther Calas, Miami-
Dade County Public Works Department, on August 24, 2010:
62 Court from 64 Street to 68 Street —
62 Place from 64 Street to 58 Street —
63 Avenue from 64 Street to 58 Street —
63 Court from 64 Street to Miller Drive —
64 Avenue from Miller Dr. to 54 Street —
64 Avenue from 48 Street to 52 Street —
65 Avenue from 61 Street to Miller Dr. -
60 Avenue from 61 Street to Miller Dr. -
58 Avenue from 50 Street to Miller Dr. —
58 Avenue from 52 Terrace to 53 Terrace -
SR 10 -86479 (FP)
SR 10 -86482 (FP)
SR 10 -86484 (FP)
SR 10 -86486 (FP)
SR 10 -86487 (AS)
SR 10- 86488(AS)
SR 10 -86489 (FP)
SR 10 -86490 (FP)
SR 10- 86491(AS)
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.
END OF MEMORANDUM