1aDa
1 City of South Miami
2 Regular City Commission Minutes
3 November 16, 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, November 16, 2010, beginning at
9 7:42 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: City Attorney Laurence Feingold,
18 City Clerk Maria M. Menendez and City Manager Hector Mirabile.
19
20 B. Moment of Silence: Invocation by Commissioner Palmer.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
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25 D. Presentations(s)
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27 Officers of the Month
28
29 Major Landa presented awards to Officers of the Month:
30 Henry Guzman, Lisa King and Joe Mendez as recognition for their
31 individual accomplishments.
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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 October 5, 2010
42 Minutes of October 8, 2010
43 Minutes of October 19, 2010
44
CITY COMMISSION MINUTES 1
November 16, 2010
m1a t!
1
Moved by Mayor Stoddard, seconded by
Commissioner Palmer,
2
the
approval of the minutes of October 5,
8 and 19, 2010 passed
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by a
5 -0 vote:
4
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Commissioner Palmer:
Yea
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Vice Mayor Newman:
Yea
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Commissioner Beasley:
Yea
8
Commissioner Harris:
Yea
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Mayor Stoddard:
Yea
10
11
Moved by Mayor Stoddard, seconded by
Commissioner Palmer,
12
the
motion to withdraw items 14, 15 and
16 from the agenda
13
passed
by a 5 -0 vote:
14
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Commissioner Palmer:
Yea
16
Vice Mayor Newman:
Yea
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Commissioner Beasley:
Yea
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Commissioner Harris:
Yea
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Mayor Stoddard:
Yea
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2.
City Manager's Report (25 minutes)
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(See attached report)
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27
With some further comments the City Manager's
Report ended.
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3.
City Attorney's Report
31
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• Regarding the issue of the CRA Resolution
to pay $20,558
33
to Southern Asphalt street repair
of 59 Place from 66
34
Street to 68 Street, Mr. Feingold
explained that this
35
was a contribution under an agreement
between the CRA
36
and the City. He said that it is
important to separate
37
the issues pertaining to the
CRA and the City
38
Commission.
39
40
With no further comments the City Attorney's
Report ended.
41
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43
PUBLIC REMARKS
44
(5 minutes)
45
CITY COMMISSION MINUTES 2
November 16, 2010
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David Tucker Sr, addressed the
American Legend ", which he prepared
celebration of Veterans' Day.
PT2
Commission regarding "An
with the occasion of the
Sharon McCain spoke about the City Attorney's Report above.
She then referred to the contract with The Mercer Group, saying
that she is still waiting for answers regarding the issue with
payment. She also referred to the item on the agenda regarding
hiring a company to do the signage for the new parking system
and that this is not in the budget.
Bob Welsh referred to the construction trailer that used to
be located on the eastern side of the intersection of SW 74th
Street and 63rd Avenue and that has now been removed, saying that
there are some neighbors wanting to know what would be going in
that site now that is vacant. He then said that he has a small
tree - planting project going on in the Manor Lane neighborhood;
he is getting live oaks for $10 each, and he would like to
donate to the City those trees that he is unable to sell.
A couple of girl scouts announced a food drive that would
be held Saturday, November 20th in the parking lot in front of
City Hall for the purpose of helping 150 needy families during
the holidays.
Pat Shields addressed the Commission regarding items no.
14, 15 and 16 that have been removed from the agenda, requesting
that the public be advised when they will be back; she then
spoke in support of items no. 13 and 19 on the agenda. She also
requested looking into the traffic signage around Brewer Park to
make the area safer for drivers.
Dick Ward, Chairman of the Parks and Recreation Board
referred to complaints that have been received against the
lighting on the South Miami Park field and also about parking;
he then said that the soccer program is one of the best the City
has ever had.
With no further speakers this section was closed.
4. Commission Reports, Discussion & Remarks (25 minutes)
Commissioner Harris
• Recycling electrical appliances - Mr. Armand said that
he would be forwarding this information to the
Commissioner;
CITY COMMISSION MINUTES
November 16, 2010
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• The pooper scooper ordinance
of the ordinance is to make
picking up after their pets;
• We need to have a COW about
PT
- He said that the purpose
people conscientious about
the pool;
Vice Mayor Newman
• Would like to rename the "All America Park" as `All
America Veterans Memorial Park ", having plaques
inserted in the coral rock with the veterans' names
from the different wars.
Commissioner Beasley:
• Thanked the City Manager and all of staff who worked
very hard towards making the Veterans' Day event a
real success.
Mayor Stoddard:
• Alerted the public about the presence of the yellow
fever mosquito now in our County, urging residents to
avoid any standing water from accumulating, together
with other. recommendations;
• The League of Cities has requested the support from
South Miami for the newly incorporated cities to be
part of the County's share of the CITT - then asking
the Commission for their permission for him to sign a
letter to Mayor Carlos Alvarez supporting the League
of Cities on this effort, as well as bringing forward
a resolution for the same cause;
• Port of Miami Deep Dredge Project which will allow
bigger ships to come in - they are also requesting to
accept a draft resolution, urging to support this at
the Federal level and a letter to the President; he
also asked for permission to support this cause;
• Miami -Dade Animal Services Department through County
Commissioner Carlos Gimenez, wishes to sponsor a
Mobile Veterinary Clinic in our City to spay and /or
neuter stray cats; what they need from us is about 800
sq ft of indoor floor space with a /c; they would like
to do this on Sunday, February 27, 2011 from 6:00 a.m.
until 8:00 p.m., and no staff assistance from us is
required;
• There will be a hearing Friday, November 19th, 9:00
a.m. to 5:00 p.m. before the Nuclear Regulatory
Commission and the Atomic Licensing Board concerning
Turkey Point 6 & 7; he has been preparing material for
this hearing concerning inadequacy in the safety plan
CITY COMMISSION MINUTES
November 16, 2010
n
BT29
1 - hearing will be held at Homestead City Hall 790
2 North Homestead Boulevard;
3 • Casaideas is opening in South Miami on US1 and the
4 Beacon Council is requesting that we give them a Key
5 to the City on December 9th.
6
7 With no further comments this section was closed.
8
9 At this time the Mayor announced a 5- minute break.
10
11 As the meeting reconvened, the Commission discussed
12 scheduling a workshop for Tuesday, November 23rd at 7:00 p.m. for
13 reviewing the pool bids and making recommendations to the
14 Commission.
15
16 Regarding the Volkswagen request, Vice Mayor Newman
17 proposed waiting until they could look into it further and see
18 exactly what the numbers are. This is not until February and
19 perhaps the City Manager can bring something forward at the next
20 Commission meeting.
21
22 (BEGINNING OF CONSENT)
all
24 238 -10 -13272
25 5. A Resolution of the Mayor and City Commission of the
26 City of South Miami, Florida concerning approval of an
27 application pursuant to Land Development Code Section
28 20- 4.3(n) to permit the installation of a banner on
29 Sunset Drive to promote the 60u' Annual Beaux Arts
30 Festival sponsored by the Lowe Art Museum a
31 fundraising event to be held on the campus of the
32 University of Miami, January 8 -9, 2011: and providing
33 for an effective date. 3/5
34 (City Manager- Planning Dept.)
35
36 239 -10 -13273
37 6. A Resolution of the Mayor and City Commission of the
38 City of South Miami, Florida, relating to the final
39 amendment of the 2009 -2010 fiscal year budget;
40 approving and adopting the recommendations of the City
41 Manager to transfer line items as set forth in the
42 attached itemized list within each City department
43 pursuant to Article IV F(1) of the City Charter and
44 Florida Statue 166.241(3) for the budget year ending
45 September 30, 2010; and providing an effective date.
46 (City Manager - Finance Dept.) 3/5
CITY COMMISSION MINUTES 5
November 16, 2010
2 240 -10 -13274
3 7. A Resolution of the Mayor and City Commission of the
4 City of South Miami, Florida, relating to attorney
5 fees; approving attorney fees for Squire Sanders and
6 Dempsey, LLP in the amount of $7,701.35; charging
7 account No. 001.1500.514.3410; and providing an
8 effective date. 3/5
9 (City Manager- Finance Dept.)
10
11 241 -10 -13275
12 8. A Resolution of the Mayor and City Commission of the
13 City of South Miami, Florida, relating to multimedia
14 and information technology support service fees;
15 approving fees for International Data Consultants
16 (IDC) in the amount of $6,868.12 for services
17 rendered September 15 through September 30, 2010;
18 charging account No. 001.1340.513.3450; and providing
19 an effective date. 3/5
20 (City Manager- Finance Dept.)
21
22 242 -10 -13276
23 9. A Resolution of the Mayor and City Commission of the
24 City of South Miami, Florida, authorizing the City
25 Manager to execute a contract agreement with Miami -
26 Dade County's Safe Neighborhood Parks Bond Program
27 for the Dison Park Improvements in the amount of
28 $60,000; and providing for an effective date. 3/5
29 (City Manager- Finance Dept.)
30
31 Moved by Commissioner Beasley, seconded by Commissioner
32 Palmer, the motion to approve the Consent Agenda passed by a 5 -0
33 vote:
34 Commissioner Palmer: Yea
35 Vice Mayor Newman: Yea
36 Commissioner Beasley: Yea
37 Commissioner Harris: Yea
38 Mayor Stoddard: Yea
39
40
41 (END OF CONSENT)
42
43
44
CITY COMMISSION MINUTES 6
November 16, 2010
llaTt!
1 RESOLUTION(S)
I
3 243 -10 -13277
4 10. A Resolution of the South Miami City Commission
5 authorizing temporary placement of a series of six (6)
6 foot tall fiberglass manatee statues in South Miami,
7 as part of the "South Miami Manatee Fest ", a public -
8 private arts exhibit with proceeds that will support
9 community local charities; subject to applicable
10 permitting requirements,, indemnification and hold
11 harmless agreements, as approved by the City Manager,
12 and City Attorney; and providing an effective date.3 /5
13 (Mayor Stoddard)
14
15 Moved by Commissioner Beasley, seconded by Mayor Stoddard
16 to approve this item.
17
18 Vice Mayor Newman said that she wants to make sure that
19 they have some sort of control over this project; she wanted to
20 make it clear that they were approving only six statues on
21 public property.
22
23 Commissioner Beasley said that in order to be consistent
24 this project should go before the ERPB for approval.
25
26 Mr. Vageline said that staff has been reviewing the Code
27 with regard to requirements; Mr. Armand said that the statutes
28 have been inspected and it is in compliance with ADA.
29
30 With some further comments, the motion to approve this item
31 passed by a 4 -1 vote:
32
33 Commissioner Palmer: Yea
34 Vice Mayor Newman: Nay
35 Commissioner Beasley: Yea
36 Commissioner Harris: Yea
37 Mayor Stoddard: Yea
38
39
40 244 -10 -13278
41 11. A Resolution of the Mayor and City Commission of the
42 City of South Miami, Florida, accepting an anonymous
43 donation of $1000 in fruit trees for location in City
44 parks; and providing an effective date. 3/5
45 (Mayor Stoddard)
CITY COMMISSION MINUTES 7
November 16, 2010
1 Moved by Commissioner Beasley, seconded by Commissioner
2 Palmer to approve this item.
3
4 Commissioner Palmer asked for clarification as to whether
5 it would be legal to accept this anonymous donation. Mr.
6 Feingold said that this is a legitimate question; however, the
7 donor may not want other cities asking him to donate trees so he
8 has the right to remain anonymous.
9
10 With some further comments, the motion to approve this item
11 passed by a 5 -0 vote:
12
13 Commissioner Palmer: Yea
14 Vice Mayor Newman: Yea
15 Commissioner Beasley: Yea
16 Commissioner Harris: Yea
17 Mayor Stoddard: Yea
18
19 245 -10 -13279
20 12. A Resolution of the Mayor and City Commission of the
21 City of South Miami, Florida, pursuant to Chapter 8A
22 of the Code of Ordinances, authorizing the payment of
23 legal fees to Harriet R. Lewis, Esquire for services
24 rendered to Vice Mayor Newman; and providing an
25 effective date. 3/5
26 (Mayor Stoddard)
27
28 Moved by Commissioner Beasley, seconded by Commissioner
29 Palmer to approve this item.
30
31 Mr. Feingold explained that this is a continuation of prior
32 payments; this is a lawsuit without merit and the League has
33 agreed to pay 75 percent of these legal fees.
34
35 With some further comments, the motion to approve this item
36 passed by a 4 -0 vote:
37
38 Commissioner Palmer: Yea
39 Vice Mayor Newman: Recused
40 Commissioner Beasley: Yea
41 Commissioner Harris: Yea
42 Mayor Stoddard: Yea
43
44 246 -10 -13280
45 13. A Resolution of the Mayor and City Commission of the
46 City of South Miami, Florida, related to City
47 Commission meetings; establishing a policy regarding
CITY COMMISSION MINUTES 8
November 16, 2010
1 invocations before meetings of the South Miami City
2 Commission; making findings; and providing an
3 effective date. 3/5
4 (Commissioner Palmer)
5
6 Moved by Commissioner Beasley, seconded by Mayor Stoddard
7 to approve this item.
8
9 Mr. Feingold referred to the Veterans' Day celebration
10 organized by our City Manager, where the invocation by Reverend
11 Graham served as an inspiration for many people present, and
12 Commissioner Palmer certainly was one of them.
13
14 At this juncture the Mayor presented a proposed amendment
15 to the resolution, essentially removing the City Clerk from the
16 responsibilities indicated in the resolution. These were the
17 proposed changes: striking Section 4 and replacing it, with the
18 following language:
19 "At each regularly scheduled meeting of the city Commission, a member
20 of the City Commission will be responsible for delivering or delegating
21 the delivery of an invocation in a manner or tradition such as he or
22 she sees fit. Following a regular election of the Commission, the Mayor
23 .shall give or select the first invocation, followed at subsequent
24 meetings by other members of the Commission in alphabetical order of
25 last name following the Mayor's last name. Should the ordained member
26 be absent without arranging for an invocation in his or her absence,
27 the officer presiding at that meeting shall deliver the invocation
28 without forfeiting his or her place in the regular order. In
29 recognition that the City Business is the priority of the City
30 Commission, it is recommended that no invocation shall exceed two
31 minutes (120 seconds) in length. Should a "moment of silence" be
32 requested as an invocation, in order to permit silent prayer or
33 meaningful reflection by any of those assembled, its duration shall not
34 be less than 30 seconds."
35
36 Commissioner Palmer only objected to the two - minute
37 limitation for the invocation; therefore, Mayor Stoddard
38 proposed including ...it is recommended that no invocation shall
39 exceed two minutes... Commissioner Palmer agreed with the
40 proposal.
41
42 The Mayor also said striking Sections 6, 7 and 11 of the
43 proposed resolution.
44
45 Moved by Commissioner Harris, seconded by Vice Mayor
46 Newman, the above amendment passed by a 5 -0 vote:
47
48 Commissioner Palmer: Yea
4.9 Vice Mayor Newman: Yea
50 Commissioner Beasley: Yea
51 Commissioner Harris: Yea
CITY COMMISSION MINUTES 9
November 16, 2010
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Mayor Stoddard:
1 Mri, a.'
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
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(This item was withdrawn from the agenda)
14. 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 Multi -
Family Residential (Four Story) to Low Density
Affordable Multiple- Family Residential (Two Story) for
an area identified as the Lee Park Condominiums
located within the block bounded on the north by SW 68
Street, on the east by SW 59 Place, on the south by SW
69 Street and on west by SW 62 Avenue 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.)
(This item was withdrawn from the agenda)
15. 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 Multi -
Family Residential (Four Story) to Low Density
Affordable Multiple - Family Residential (Two Story) for
properties identified as the Red Road Apartments
located at and specifically legally described as 6404
SW 57 Avenue (Folio No. 09- 4025 - 015 - 0010) and 6504 SW
57 Avenue (Folio No. 09- 4025 -015 -0020) providing for
severability; providing for ordinances in conflict;
and providing an effective date. 4/5
(City Manager- Planning Dept.)
CITY COMMISSION MINUTES
November 16, 2010
10
1 (This item was withdrawn from the agenda)
2 16. An Ordinance of the Mayor and City Commission of the
3 City of South Miami Florida, amending the Future Land
4 Use Map of the South Miami Comprehensive Plan by
5 changing the future land use map category from Multi -
6 Family Residential (Four Story) to Low Density
7 Affordable Multiple - Family Residential (Two Story) for
8 properties identified as the South Miami Gardens
9 Apartments located at and specifically legally
10 described as 5949 SW 68 Street (Folio No. 09- 4025 -063-
11 -0010) and 5961 SW 68 Street (Folio No. 09- 4025 -063-
12 0020) ; providing for severability; providing for
13 ordinances in conflict; and providing an effective
14 date. 4/5
15 (City Manager- Planning Dept.)
16
17 RESOLUTION (S) PUBLIC HEARING (S)
IE:'
19 247 -10 -13281
20 17. A Resolution of the Mayor and City Commission of the
21 City of South Miami, Florida, authorizing the City
22 Manager to execute an agreement piggybacking the City
23 of Fort Lauderdale multi -year agreement for an initial
24 three years with two one year options to renew with
25 Verrus Mobile Technologies, Inc. to provide cell phone
26 or equivalent technology as payment method for multi -
27 space parking stations within the City of South Miami,
28 and providing an effective date. 3/5
29 (City Manager- Finance Dept.)
30
31 Moved by Commissioner Palmer, seconded by Commissioner
32 Harris to approve this item.
33
34 At this time the public hearing was opened.
35
36 Sharon McCain said that this was not budgeted for the
37 fiscal year 2010. She added that this system is great; however,
38 she said to disagree with the process of how it was done.
39
40 With no further speakers the public hearing was closed.
41
42 Mr. Feingold said that this is an entirely logical process
43 because of the fact that we are piggybacking on Ft. Lauderdale
44 which is a much larger community.
45
CITY COMMISSION MINUTES 17_
November 16, 2010
I With some further comments, the motion to approve this item
2 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 ORDINANCE (S) FIRST READING
lei
12 (This item was withdrawn from the agenda)
13 18. An Ordinance of the Mayor and City Commission of the
14 City of South Miami, Florida, amending Chapter 5 of
15 the City Code to require removal and proper disposal
16 of animal fecal matter; providing definitions;
17 providing for enforcement and penalties; providing for
18 severability, conflicts, and an effective date. 3/5
19 (Commissioner Harris)
20
21 19. An Ordinance of the Mayor and City Commission of the
22 City of South Miami, Florida, amending Chapter 2,
23 Article I, Section 2 -2.1 (G) (5) of the Code of
24 Ordinances to require motions for reconsideration to
25 be made only during the same meeting at which the item
26 is considered; providing for severability, conflicts
27 and an effective date. 3/5
28 (Vice Mayor Newman)
29
30 Moved by Commissioner Beasley, seconded by Commissioner
31 Palmer to approve this item.
32
33 Vice Mayor Newman said that she sponsored this ordinance
34 mainly because the language in our Code is very vague as to what
35 the procedures are and Robert's Rules is very clear.
36
37 Commissioner Palmer said that sometimes you make a decision
38 on the spur of the moment and later you realize that you have
39 made a mistake; however, there is a waiting period to bring an
40 item back and that she would like to have the flexibility to
41 bring an item back if necessary.
42
43 Commissioner Harris concurred with Commissioner Palmer.
44
CITY COMMISSION MINUTES 12
November 16, 2010
1 Mayor Stoddard said that he supported the resolution,
2 essentially because this will make our Code consistent with
3 Robert's Rule.
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 20. An Ordinance of the Mayor and City Commission of the
15 City of South Miami, Florida, amending the South Miami
16 Land Development Code by amending Section 20 -10,
17 entitled "Siting Regulations for Telecommunications
18 and Antennas" in order add a new Section 20- 10(11) to
19 be entitled "Collocation Exceptions to Required
20 Regulations" which as required by Florida State
21 Statutes will exempt from review telecommunication
22 facilities which are collocated on existing
23 facilities; providing for severability, providing for
24 ordinances in conflict; and providing an effective
25 date. 5 -3/5
26 (City Manager- Planning Dept.)
27
28 Moved by Commissioner Beasley, seconded by Vice Mayor
29 Newman to approve this item.
30
31 The Commission discussed holding a workshop on this subject
32 prior to bringing it back to the Commission.
33
34 With no further comments, the motion to defer this item
35 passed by a 5 -0 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Newman: Yea
39 Commissioner Beasley: Yea
40 Commissioner Harris: Yea
41 Mayor Stoddard: Yea
42
43 At this time the Mayor announced a 5- minute recess.
44
45 21. An Ordinance of the Mayor and City Commission of the
46 City of South Miami, Florida, amending the Land
47 Development Code Section 20 -7.51 entitled "Special
CITY COMMISSION MINUTES 13
November 16, 2010
t-
1 exceptions" in order to revise the wording in Section
2 20- 7.51(D) to replace the word "development" with the
3 word "new construction" for the purpose of .clarifying
4 when the time limitation begins for development
5 projects which have been granted a special exception
6 in the Hometown Overlay Zone (HD -OV) ; providing for
7 severability; providing for ordinances in conflict;
8 and providing an effective date. 3/5
9 (City Manager- Planning Dept.)
10
11 Moved by Commissioner Palmer, seconded by Commissioner
12 Harris to approve this item.
13
14 Mr. Youkilis explained that the word that has been taken
15 out is "development" because this word does not clearly express
16 what would occur.
17
18 Regarding Senate Bill 360, Mr. Feingold said that it has
19 not been declared unconstitutional in the City of South Miami.
20 Until it is resolved by the State's Supreme Court or by our
21 appellate courts, Senate Bill 360 is constitutional.
22
23 With some further comments, the motion to approve this item
24 passed by a 5 -0 vote:
25
26 Commissioner Palmer: Yea
27 Vice Mayor Newman: Yea
28 Commissioner Beasley: Yea
29 Commissioner Harris: Yea
30 Mayor Stoddard: Yea
31
32
33 22. An Ordinance of the Mayor and City Commission of the
34 City of South Miami, Florida, amending the Land
35 Development Code Section 20- 3.3(D) entitled "Permitted
36 Use Schedule" in order to permit a community garden
37 as a "S" Special Use in all the TODD()" Transi
38 Oriented Hevelepment District - -(Light industrial 4)
39 zoning use district; and amending Section 20 -2.3
40 entitled "Definitions" to provide a definition of a
41 community garden; providing for severability;
42 providing for ordinances in conflict; and providing an
43 effective date. 53/5
44 (City Manager- Planning Dept.)
45
46 Moved by Commissioner Beasley, seconded by Mayor Stoddard
47 to approve this item.
CITY COMMISSION MINUTES 7.4
November 16, 2010
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Mr. Youkilis explained the amendments recommended by staff.
The Planning Board recommended that all of the TODD districts be
allowed to have a community :garden as special. use. He also
advised the Commission that this item will require a five -fifth
vote by the Charter since it will be relaxing the Code.
Moved by Commissioner Beasley to amend this item as
recommended by the Planning Board, seconded by Mayor Stoddard
and Commissioner Harris,. the motion to amend 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
23. An Ordinance of the Mayor and City ,Commission of the
'City of South Miami, Florida, to amend Section 20 -3.3
(D) of the Land Development Code entitled "Permitted
Use Schedule" in order to ,change the Group Home II use
category from a "P" Permitted Use category to the "S"
Special Use category for zoning use. districts; and
amending Section 20- 3.4(B)(15) entitled "Special use
conditions" in order to .include Group Home II as
subject to the same special requirements currently
applicable to Group Home I uses; providing for
severability; providing for ordinances in conflict;
and providing an effective date. 3/5
(City Manager- Planning Dept.)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES 15
November 16, 2010
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor. Stoddard:
Yea
Yea
Yea
Yea
Yea
24. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20 -4.4
(D) of the Land Development Code entitled "Required
Handicapped Spaces" in order to revise current wording
to indicate that all required handicapped parking
spaces are regulated by the Florida Building Code;
providing for severability; providing for ordinances
in conflict; and providing an effective date. 3/5
(City Manager- Planning Dept.)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Commissioner Palmer asked whether there are handicap spaces
at the clinic, indicating that this has been a long standing
issue. Ms. Stout -Tate said that she did not recall seeing any
handicap signs at the clinic.
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
At this time Vice Mayor Newman referred to the item on the
agenda relating to .reimbursement of her legal fees. She thanked
the Commission for their support, adding that she is getting
tired of the length the issue has taken, and that, she will be
requesting a COW in the future in order to answer any questions
so that this may be put to rest.
There being no further business to come before this Body,
the meeting adjourned at 11:49 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
November 16, 2010
16
Approved
Philip K. Stoddard
Mayor
Ut ly
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: November 16, 2010
From: Hector Mirabile, Ph.D., City Manager /�✓�
Re: Manager's Report
The following is my report for the commission meeting of November 16, 2010.
Accomplishment.
a. New IT IDS successes:
i. AS -400 Financial System: The process of upgrading the financial system
has started. We are working with IBM to complete some of the pre-
requisites. The first set of hot -fixes were applied this past Saturday (AS-
400 has not been updated since 2008). A complete system backup was
possible due to these hot -fixes. We are waiting for a second set of disks to
arrive that will take us through additional hot -fixes that are required.
Once these hot -fixes are applied we can proceed adding the disks for
additional space and install the final set of updates.
ii. Police Department Software Upgrade: This is set for Nov 29 and 30,
contingent on receiving confirmation from USA Software that the
installation process for all future laptop /desktop installations are
streamlined. Any troubleshooting required with the current installations
requires too many different fixes and is too time consuming.
iii. Directories and Files: The organization of files and folders is a
continuing effort so that the City has a standardized set of data being
saved while simultaneously removing duplicates.
iv. Inventory: The cleanup of equipment continues. Bismarck's old office
was turned into a storage room so that we can store and organize the IT
equipment.
v. Wireless: New Cisco wireless access points were configured and we are
waiting to receive switches so they can be mounted. This will extend the
wireless capabilities to the Police Department allowing connection from
outside the building as well. These connections will be secured.
b. Finance:
i. Continue working on the adjustments of the City's financials in an effort
to have the financials ready for the auditors.
ii. Working with all departments on revising the existing schedule of fees
expected to be completed by December 2010.
City Manager's Report to Commission; November 16, 2010
iii. Parking: the new parking website is up and operational, providing
residents, businesses, and visitors with a place to obtain South Miami
parking information. Special appreciation goes to Mr. Von Gundlach for
his support with the update of the web page. The installation of the banner
announcing the coming of the New Pay -by- Number is scheduled to be
installed on Friday by public works.
iv. The majority of the meters within the City have been changed to reflect
the new $1.50 hourly rate.
v. FIU Performance Audit is complete with the final version being generated
this week for presentation in December to Commission.
c. Central Services:
i. Tennis Court RFP: Met with Parks for a site visit of the Dante Fascell Park
Tennis Courts and to discuss the RFP for these operations. Parks is
seeking a fee for use of the tennis courts and office, as well as having the
awarded vendor install lighting for activities and operation thereafter
sunset. Parks was advised that the lighting installation requirement would
involve increasing the initial tern considered from a possible three (3) to
five (5) year initial term and may also involve receipt of a smaller monthly
fee than initially sought. Parks is obtaining additional information on the
monthly return from comparable tennis court operations and is also
seeking approximate pricing for such lighting to then be able to proceed
with development of the RFP and its related dates.
ii. Murray Park Pool Operator RFP: Met with the Public Works Director and
reviewed the RFP that Public Works will soon advertise with the aim of
having the awarded vendor on board to provide critical input on the
Murray Park Pool construction project once it commences.
iii. Pension Investment Consulting Services RFP: Currently reviewing this
Pension Board RFP, which shall be re- advertised in the hope of receiving
better responses from which, ultimately, the best firm possible shall be
recommended for these needs.
iv. Solicitation Templates: Currently working on a potential RFP template to
be used as a framework for future solicitations. Once reviewed and
approved, templates for other solicitations such as an Invitation for Bid
(IFB) and an Invitation for Quotation (IFQ) shall be prepared as well.
v. Commenced the familiarization process with the City's AS 400 System
used for address of its requisitions and purchase orders.
d. Code Enforcement: Established, the first code enforcement association for the
SE region, the South Florida Association of Code Enforcement (SFACE) to
strengthen the CE profession, network and create standard code certification
training possibilities for local municipalities; negotiated with a lender an
outstanding $500 fine with accumulated penalties — the City will receive $15,000;
Identified two commercial parking lots operating without the proper Business Tax
Receipts and cited accordingly; finalized pooper scooper ordinance.
City Manager's Report to Commission; November 16, 2010
e. Police: The following were the accomplishments by the City of South Miami PD
during the time period of November 1, 2010 thru November 14, 2010.
i. A total of 27 arrests consisting of 11 misdemeanors, one traffic, and 6
warrants served. Of those 27 arrests, 8 were narcotics: 3 for possessions
of cocaine, 4 for possession of marijuana, and 1 for sale within 1000' of a
school or place of worship.
ii. Patrol units made contact with 3 subjects that were casing vehicles in the
area of the YMCA located at 4300 SW 58`" Ave. The investigation led to
the discovery of property belonging to a victim of a car burglary which
occurred moments prior. These subjects were subsequently arrested and
charged and are believed to be responsible for several other car burglaries
in the City of South Miami which may have occurred over the past several
weeks.
iii. Patrol units assisted MDPD with the arrest of a subject who committed a
residential burglary within their jurisdiction. The subject was living in a
residence in South Miami which was under foreclosure. The investigation
revealed that he was using the residence to store stolen property. The
investigation is ongoing to determine his possible involvement in other
burglaries in South Miami or outside jurisdictions.
E Human Resources: Actively recruiting for approved vacancies /positions:
Human Resources Director (29 apps. - open), Grants & Sustainable Initiatives
Administrator (11 apps.), Police /Public Service Aide (16 apps), Reserve Officer
(16 apps), Park Service Aide (1 filled /3 open; 13 apps.), Communications Officer
(24 apps.); Code Enforcement Officer (P /T) & Park & Rec. Instructor.
g. Public Works: 1) 102 out of 165, 25 MPH signs installed, the remainder of the
signs will be completed in two weeks. 2) Installed 7 "No Parking" signs and one
"No Dumping" and accessories. 3) Removed two dead trees, relocated one and
planted one new tree. 4) Planted new plants at City Hall and Motor Pool area. 5)
Repaired 21 potholes. 6) Fixed metal grate in front of 5855 SW 72nd Street. 7)
Cleaned stonn drains on 60'h Avenue between SW 64 and 66`x' Street. 8) Handed
out recycling and garbage survey flyers. 9) Removed 9 shopping carts from the
CRA area. 10) Installed and Removed Art Festival banners in downtown area.
11) Delivered 4 new garbage containers and one recycling container to residents.
12) Repaired 12 crane- holes. 13) Cleaned tree planters in downtown in
preparation for Art Festival. 14) Set barricades for Art Festival. 15) Reset time in
City's clocks. 16) Relocated thermostat to Chief of Police office. 17) Repaired
water fountain and kitchen sink, men and ladies bathroom at the CAA. 18)
Completed rug cleaning and painting in one PD office. 19) Repaired water
fountain at Community Center. 20) Completed furniture relocation at various
locations at Police Department. 21) Completed relocation of furniture from
building and zoning to the Sally Port. 22) Cleaned fish pond in front of City Hall.
23) Repaired water leak at Motor Pool building. 24) Pressure- cleaned sidewalk
downtown. 25) Painted curbs, pressure- cleaned sidewalk and cleaned -up planted
area at entrance of City Hall in preparation of Veteran's Day event.
Murray Park Pool: Two of the three responsible proponents resubmitted revised
proposal on November 4`t', 2010. At this juncture, the evaluation committee
City Manager's Report to Commission; November 16, 2010
unanimously recommends setting -up a COW meeting where both proponents will
make a presentation to the commission.
Traffic Calming completion: Staff is preparing a design built RFP in order to
fast -track implementation of traffic calming based on the priorities that were
established. All funds allocated for this FY regarding traffic calming projects for
the various areas of the City will be used this FY.
Miscellaneous Items:
City Hall Energy Survey is in process. The consultant will complete review of
the existing drawings this week. Next week they plan to conduct assessment of
the building.
Larkin Hospital applied for a permit for the 701h Street closure.
Public Works met with the Assistant Director of Public Works for Miami -Dade
County and the owners of properties located within the construction area of 62nd
Avenue including Dr. Zacharias. The meeting concluded with Miami -Dade
County standing firm in their position that the current design of 62nd Avenue is
the result of the Charrette held with residents of South Miami as well as a late
request for the addition of bike lanes.
h. Parks and Recreation (Since last report):
Senior Center's Activities:
November
9:OOam-
Voting Transportation
2, 2010
1:OOprn
November
9:OOam-
Blood Pressure Screening
5, 2010
1:00 pm
November
10:00am-
Free Massage
12, 2010
12:00 pm
November
10:00am-
Glaucoma and Cataracts
12, 2010
1:00 m
I Screening
November
6:OOpm-
Spanish Comedy Play
14, 2010
9:OOpm
November
11:30ap-
S.M. Hospital Turkey
16, 2010
1:OOpm
Delivery
➢ Every Monday and Friday- seniors get picked -up to walk at Dadeland Mall
(DADELAND WALKERS) 9:00- 10:30am.
➢ Every Monday and Wednesday there is asocial worker on site from 9:00 am to 2:00 pm
to consult with our seniors.
Every Wednesday, Thursday, and Friday - seniors are taken to grocery stores and
retailers for their weekly shopping.
City Manager's Report to Commission; November 16, 2010
➢ Every weekday - seniors participate in board games, cards, dominoes and exercise at the
Senior Center 8:30 -1:30.
➢ Monday through Thursday - Social Worker comes to work with the Seniors 9:00
am -2:00 pm.
• Every Monday, Tuesdays and Thursdays exercise classes 10:15 -11:00
• Monday and Wednesday Spanish classes 9:30- 11:30am
• Tuesday and Thursday Computer classes 12:15- 2:OOpm (Community Center)
Recreation Division:
Exciting weekend for the Grey Ghosts Football Teams:
Playoffs: 75 lbs defeated South Kendall Gators
90 lbs defeated West Kendal Dolphins
120 lbs defeated West Kendal Dolphins
140 lbs defeated Kendal Hammocks Warriors
(Commissioner Beasley was present at this game and was able to give a hand shake to the
whining Coach, Coach Obie Dunn, Sr.).
The teams will advance to the Extreme Championship Games next week; played at
Milander Park, Hialeah, Florida
Our Basketball Teams have started playing; we have 6 teams (ages 5 to 14) in the
MiamiBasketball.net League which uses our facilities. They play Monday — Friday &
Saturdays.
Special Event: Veterans Day Celebration: Held at City Hall on Thursday, November 11,
2010, approximately 60 people attended. Members of the Commission attended and the
event was historic in nature, being that it was the first veterans celebration for South
Miami.
Dog Park: No change since last update.
Planning and Zoning: A letter was sent to all commercial property owners (see
attached) regarding notice concerning illegal charging of fees for required
parking.
II. Commission directives or issues:
a. Crime and drug enforcement. The SMPD is continuing its counter narcotics
operations with some protracted cases still pending. I already mentioned some
minor arrests regarding narcotics.
b. Pension: No change in status
c. Parking reform: No change in status.
d. Master Park Plan: Pending action as discussed in last week's workshop ineeting
on the subject. Proposed action date is projected to be in December 2010.
City Manager's Report to Commission; November 16, 2010
0
d. Master Park Plan: Pending action as discussed in last week's workshop meeting
on the subject. Proposed action date is projected to be in December 2010.
e. Police- Analysis of size of the work force and associated costs - Assigned to
Police with an extended due date of December 15, 2010.
f. Road repair schedule: No changes from last report.
g. Welcome to South Miami signs: The Commission requested that Mr. John
Edward Smith take the lead on the design for the sign. No change in status.
h. Stop Signs: No change since last report. The study results are scheduled to be
available in late November 2010.
i. Santa Parade of Elves: No change since last report. Staff projects the City's
costs associated with this project to be $4,000. Last year it was $3,940.
j. Farmers Market Contract: Completed, sent today to vendor for signing.
END OF MEMORANDUM