1MT29
1 City of South Miami
2 Regular City Commission Minutes
3 January 4, 2011
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, January 4, 2011, beginning at
9 7:31 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 Deputy City Attorney Mark A. Goldstein, City Clerk Maria M.
19 Menendez and City Manager Hector Mirabile.
20
21 B. Moment of Silence: Invocation by Vice Mayor Newman.
22
23 C. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 D. Presentations(s)
27
28 Outstanding Officer(s) of the Month Award
29
30 This award for Outstanding Officer for the month of
31 November 2010 was presented to Detective Vargas, consisting of a
32 plaque and a complimentary dinner from Trattoria de Sole.
33
34 Most Courteous Officer(s) of the Month Award
35
36 This award for Most Courteous Officer of the Month was
37 presented to Officer Rodriguez. Major Landa stated that this
38 award has been implemented by Chief Martinez.
39
40 With no further presentations this section was closed.
41
42 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
43
44 1. Approval of Minutes
45
46 a) Minutes of December 7, 2010
CITY COMMISSION MINUTES 1
January 4, 2011
m1a I
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b) Minutes of December 13, 2010
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3
Moved
by Mayor Stoddard, seconded
by Commissioner Palmer,
4
the approval
of the minutes of December
7 and December 13, 2010
5
passed by
a 5 -0 vote:
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7
Commissioner Palmer:
Yea
8
Vice Mayor Newman:
Yea
9
Commissioner Beasley:
Yea
10
Commissioner Harris:
Yea
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Mayor Stoddard:
Yea
12
13
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2. City
Manager's Report (25 minutes)
15
16
(See
attached report)
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19
With
some further comments the City
Manager's Report ended.
20
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3. City
Attorney's Report
22
23
Mr.
Feingold referred to the
old inspection station
24
property,
saying that the rezoning
of that property will
25
increase
its value; therefore, it is in
the best interest of the
26
City to have
this property rezoned;
27
28
Mr.
Feingold informed the Commission
about a new lawsuit;
29
this is
from former City employee,
Christian Moya and Mr.
30
Goldstein
will be defending the City on
this lawsuit.
31
32
With
some further comments, the
City Attorney's Report
33
ended.
34
35 PUBLIC REMARKS
36 (5 minutes)
37
38 Resident Paige Teasdale addressed the Commission about the
39 need of having a park for the benefit of all children who live
40 in her neighborhood. She then provided the address of a vacant
41 house located at 7709 SW 67 Avenue, urging the Commission to
42 look into the possibility for the City to purchase that property
43 for the purpose of turning it into a park.
44
45 Other neighbors joined the above resident with the same
46 request to the Commission, including Mary Teasdale, Nick Truby,
47 and John Palenchar.
48
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January 4, 2011
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Resident of Manor Lane, James
Commission with a number of issues he
neighbors face everyday, such as noise
pickup at 5:30 in the morning among other
PT29
Campo addressed the
said that he and his
originated by garbage
issues.
Former Public Works Director, Fritz Armand thanked the
Commission for the opportunity of working for the City; he said
that he enjoyed his tenure here, and that it had been his choice
to resign; he also mentioned the valuable help of Rudy de la
Torre, and recommended considering Mr. de la Torre for the
position of Public Works Director.
Resident of Pinecrest Villas, Lisa Yoss addressed the
Commission regarding the traffic calming project and the need
for the traffic tables for her area; she wanted to know the
status of the project.
Sharon McCain addressed the Commission regarding various
issues relating to disagreements she has with the City Manager.
She spoke about the new positions in the Police Department. She
also presented a picture of her mother's wheelchair that could
not go through between two FPL poles.
At this time Chief Martinez de Castro addressed the
Commission to clarify the records, explaining that a major was
released, and captain positions were demoted, he then brought in
two majors with those savings. Also for the records, he said
that in the Public Works Department where he worked for five
years as a director, except for management employees, all other
employees are paid by the hour.
With no further speakers this section was closed.
3. City Attorney's Report (Cont'd)
As the meeting reconvened, Mr. Feingold referred to the old
inspection station property possible rezoning, explaining that
there is urgency on that item because the procedure begins by
bringing the item before the Planning Board, but even before
that they need the authorization of the Commission to do that.
At this juncture Cal Rosenbaum requested to address the
Commission in order to object to this.
Mr. Feingold clarified that the City has stepped forward
and let the applicant know from day 1 that there is no special
privilege in Carlisle.
CITY COMMISSION MINUTES
January 4, 2011
3
1 Moved by Vice Mayor Newman to authorize bringing this item
2 to the Planning Board. Seconded by Commissioner Beasley.
3
4 Commissioner Palmer said that she could not vote for this
5 until she has full knowledge of what is being done.
6
7 Mr. Feingold suggested for the City to apply for the zoning
8 change, because after all, the zoning change is in the best
9 interest of the City since it will increase the value of the
10 property.
11
12 With some further comments, the motion to allow this item
13 to go before the Planning Board passed by a 4 -1 vote:
14
15 Commissioner Palmer: Nay
16 Vice Mayor Newman: Yea
17 Commissioner Beasley: Yea
18 Commissioner Harris: Yea
19 Mayor Stoddard: Yea
20
21 Mr. Feingold at this time referred to his meeting with Mr.
22 Mataway on his SW 62 n" Avenue vacant lot which has been used as a
23 parking lot for many years. Mr. Mataway is asking, as part of
24 the settlement, to pay the annual fee that they pay for the
25 present parking lot for the next three years, as an interim
26 parking. Mr. Feingold said that he agrees with the $2,500 fine,
27 but that he is hesitant about agreeing on a settlement that
28 involves the future.
29
30 Moved by Commissioner Harris, seconded by Mayor Stoddard to
31 agree with the proposed settlement by Mr. Mataway.
32
33 Moved by Commissioner Palmer, seconded by Vice Mayor Newman
34 to defer to the next meeting. There was no vote, but the
35 Commission and staff agreed to bring this issue back at the next
36 meeting.
37
38 4. Commission Reports, Discussion & Remarks (25 minutes)
39
40 Commissioner Harris
41 • Asked for approval of waiving the Fees for another
42 Farmers' Market sign; staff said that this was already
43 done;
44 • Said that he would not support the Hospital with their
45 request to tear down the wall to replace it with a
46 gate;
47 • Urged the public to recycle their batteries;
CITY COMMISSION MINUTES 4
January 4, 2011
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Bnq
• Announced Saturday's event with regard to the street
naming Rick O'Barry, at 11:00 a.m. in Jean Willis
Park.
Commissioner Palmer:
• Thanked the Police Department for checking on her
property while she was away during the holidays;
• Reported a demonstration by the Metrorail against the
Mexican Consulate; Dr. Mirabile explained that the
demonstration was peaceful and that the consulate
notified us ahead of time and arrangements were made
so that it would not have an impact particularly on
traffic.
Vice Mayor Newman
• Regarding Larkin Hospital - the barricade on 70t"
Street is not only unsightly but it is also a hazard;
it seems that there was never an intention to put a
permanent structure there;
• Regarding South Miami Hospital - wants to make sure
that every single term of the agreement has been met
and carried out; it is questionable whether they are
really a nonprofit organization - she asked the
support of the Commission in asking the City Manager
to come back at the next meeting with whatever we need
to do to start the process to get payment in lieu of
taxes;
• Regarding trees in All America Park, she said that we
cannot have individuals deciding to take out trees in
our parks - she said that there is a landscape plan
for our parks and we need to make sure that we follow
what is in place.
Commissioner Beasley:
• Thanked Mr. Armand for his services to our City;
• Regarding the residents' request for a park, he said
that they will be looking into that to see if it will
be possible to acquire the property through grant
money;
• Regarding the Manor Lane residents he said that the
Commission will follow up on the issues and that they
will protect them.
Mayor Stoddard:
• Scheduling
Commission
priorities;
CITY COMMISSION MINUTES
January 4, 2011
COW and workshop meetings
meetings - we need to
the next COW meeting was
5
in between
review our
scheduled for
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Tuesday, January 11, 2011 at 7:30 p.m. to discuss the
old inspection station property;
• Requesting staff to look into park funds that may be
available, together with finance options to see how
much it would cost us to acquire this park; the
Commission agreed to direct the City Manager to send a
letter of intent to the owner of the property;
• Scheduling the State of the City - the date was set
for Thursday, February 24, 2011 in the Commission
Chambers;
• About the legislative agenda - asked the Commission to
mark individual priorities on the draft sent by Fausto
Gomez, so that they can come up with a coherent agenda
that they can vote on and send to our legislators in
Tallahassee;
• Joined a statewide working group of City Officials and
State Drug Treatment Officers and officials who are
working on the sober house problem - we have this in
the Manor Lane area where private entities have
purchased houses for recovering alcohol and drug
addicts and they are absolutely unregulated by the
State, and they have extraordinary protection under
the ADA; our ordinance is not strong enough; however,
we can pursue a vigorous course of code enforcement;
he is working on trying to get some legislation at the
State level for some needed regulations;
With some further comments this section was closed.
At this time item no. 11 was pulled from the Consent
Agenda (now item no. 12)
(BEGINNING OF CONSENT)
01 -11 -13315
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the City
Manager to permit South Miami Rotary, a non - profit
organization to hold its 27th Annual South Miami Rotary
Art Festival on February 26 & 27, 2011, in the
downtown South Miami area on Sunset Drive; providing
for an effective date. 3/5
(City Manager - Parks & Rec Dept.)
02 -11 -13316
6. A Resolution of The Mayor And City Commission Of The
City Of South Miami, Florida Authorizing The City
CITY COMMISSION MINUTES
January 4, 2011
S
1
Manager To Enter Into Mutual Aid Agreement With The
2
City Of North Miami Beach Police Department For
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General And Specific Law Enforcement Duties On Behalf
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Of The City Of South Miami Police Department Pursuant
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To Section 23.1225 (3), Florida Statutes; providing
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for an effective date. 3/5
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(City Manager - Police Dept.)
8
9
03 -11 -13317
10
7.
A Resolution of the Mayor and City Commission of the
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City of South Miami, Florida, authorizing The City
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Manager to expend and pay Florida Power and Light, for
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providing electric utility services to the City in
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order to maintain street lighting throughout the City,
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the amount of up to $110,000.00, and charged to
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Account Number 001 - 1730 -541 -4650; providing for an
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effective date. 3/5
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(City Manager - Public Works Dept.)
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04 -11 -13318
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8.
A Resolution of the Mayor and City Commission of the
22
City of South Miami, Florida, authorizing The City
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Manager to expend and pay Florida Power and Light, for
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providing electric utility services to the City in
25
order to maintain electricity to all City buildings
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and parks infrastructure, up to the amount of
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$111,840.82, and charged to Account Number 001 -1710-
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519 -4310; providing for an effective date. 3/5
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(City Manager - Public Works Dept.)
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05 -11 -13319
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9.
A Resolution of the Mayor and City Commission of the
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City of South Miami, Florida, authorizing the City
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Manager to expend up to $27,326.75 for the utilization
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of water and sewer from Miami -Dade County Water and
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Sewer, to be charged to Account Number 001- 1710 -519-
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4320; providing for an effective date. 3/5
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(City Manager - Public Works Dept.)
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40
06 -11 -13320
41
10.
A Resolution of the Mayor and City Commission of the
42
City of South Miami, Florida, authorizing the City
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Manager to amend the agreement with Miami -Dade
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County's Department of Housing and Community
45
Development (DHCD) to extend the expiration date from
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December 31, 2010 to December 31, 2011 of the fiscal
CITY COMMISSION MINUTES 7
January 4, 2011
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year 2009 grant agreement amendment
Street Improvements Project -Phase II;
effective date.
D�a
for the SW 66
and providing an
3/5
(City Manager - Finance Dept
07 -11 -13321
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget,
authorizing a transfer of $2,938.68 from account no.
1200 -512 -4920 (Elections), to account no. 1200 -512-
3450 (Contractual); and providing an effective date.
(City Manager - Finance Dept.) 3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to approve the Consent Agenda passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
(END OF CONSENT)
RESOLUTION(S)
08 -11 -13322
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to
appropriations for the November 2, 2010 Special
Election for the City of South Miami; approving the
expenditure of $5,061.32 for election costs; charging
account no. 1200- 512 -4920; and providing an effective
date. 3/5
(City Manager - Finance Dept.)
This item was pulled from the Consent Agenda in order to
amend the balance.
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to amend line 22 of the resolution to show a balance
of $8,000.00 and to approve the resolution as a whole passed by
a 5 -0 vote:
CITY COMMISSION MINUTES
January 4, 2011
Commissioner Palmer: Yea
s
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Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
m1a I
Yea
Yea
Yea
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
01 -11 -2074
13. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to the budget;
authorizing an increase of expense line item 615 -1910-
521 -5205 (Federal Forfeiture Computer Equipment) in
the amount of $56,336.80, and 615 -1910- 521 -4960
(Federal Forfeiture Special Investigations) in the
amount of $7,000.00 from Federal Forfeiture Fund with
a balance of $125,725.00, providing for severability,
ordinances in conflict and an effective date. 3/5
(City Manager - Police Dept.)
Moved by Commissioner Palmer, seconded by Commissioner
Harris to approve this item.
The public hearing was opened and closed with no speakers.
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
RESOLUTION(S)
(CONT'D)
09 -11 -13323
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to purchase communications and computer
equipment for the police department, to upgrade the
current system which is obsolete, for a total cost of
$56,336.80 being charged to account number 615 -1910-
521 -5205 (Federal Forfeiture Computer Equipment) and
CITY COMMISSION MINUTES
January 4, 2011
E
m1a t
1
expend up to $7,000 as "flash money" for use in
2
protracted narcotics investigations charged
to account
3
number 615- 1910 -521 -4960 (Federal Forfeiture
Special
4
Investigations), providing for an effective
date. 3/5
5
(City Manager - Police Dept.)
6
7
Moved by Commissioner Beasley, seconded
by Vice Mayor
8
Newman to approve this item.
9
10
With no 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
20 ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
al
22 02 -11 -2075
23 15. An Ordinance of the Mayor and City Commission of the
24 City of South Miami, Florida, amending the Land
25 Development Code Section 20 -7.51 entitled "Special
26 exceptions" in order to revise the wording in Section
27 20- 7.51(D) to replace the word "development" with the
28 word "new construction" for the purpose of clarifying
29 when the time limitation begins for development
30 projects which have been granted a special exception
31 in the Hometown Overlay Zone (HD -OV) ; providing for
32 severability; providing for ordinances in conflict;
33 and providing an effective date. 3/5
34 (City Manager- Planning Dept.)
35
36 Moved by Commissioner Beasley, seconded by Vice Mayor
37 Newman to approve this item.
38
39 The public hearing was opened and closed with no speakers.
40
41 With no further comments, the motion to approve this item
42 passed by a 5 -0 vote:
43
44 Commissioner Palmer: Yea
45 Vice Mayor Newman: Yea
46 Commissioner Beasley: Yea
47 Commissioner Harris: Yea
CITY COMMISSION MINUTES 10
January 4, 2011
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Mayor Stoddard:
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONrD)
16. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20- 3.3(D) entitled "Permitted
Use Schedule" in order to permit a community garden
as a "S" Special Use in -the all TODD (L! 4)" Transit
Oriented Development District (Light industrial 4)
zoning use district; and amending Section 20 -2.3
entitled "Definitions" to provide a definition of a
community garden; providing for severability;
providing for ordinances in conflict; and providing an
effective date. (Deferred 12107110) 5/5
(City Manager- Planning Dept.)
Moved by Commissioner Harris, seconded by Mayor Stoddard to
approve this item.
At this time Mayor Stoddard proposed the following
amendment to the ordinance substituting Section 1, regarding the
definition of the community garden, as follows:
"Community garden. Shall mean an area in which 800 of the
land is open space primarily devoted to garden plots provided
with fair and equal access to the public for growing food or
ornamental crops; these crops may be sold on site as part of a
farmers market which is permitted by the city."
Vice Mayor Newman expressed concern with the language in
the proposed amendment in terms of liability: ...provided with
fair and equal access to the public...
Mayor Stoddard then proposed amending the language as
follows: "...with fair, equal, and regulated access..."
Commissioner Beasley said that he is not sure that the TODD
district is the right place for allowing community gardens.
At this time the public hearing was opened.
CITY COMMISSION MINUTES
January 4, 2011
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Sharon McCain said that community gardens should not be
allowed in residential areas where it could increase the
traffic.
With no further speakers the public hearing was closed.
Mayor Stoddard referred to the "...800 of the land..." as part
of the language in the definition of community garden. Mr.
Youkilis explained that this was specifically referring to one
specific lot. Therefore, Mayor Stoddard recommended leaving the
"800" out of the language.
Moved by Mayor Stoddard to extend the meeting after 11:00
p.m. Seconded by Commissioner Beasley, the motion passed by a 5-
0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
After further discussion, Mayor Stoddard revised the
proposed amendment as follows:
"Community garden. Shall mean an area in iMieh SO& e.6: the land
primarily devoted to garden plots provided with
fair, a-nd equal, and regulated access to the public for growing
food or ornamental crops." ; these er-eps may=be ;geld on site as
Moved by Mayor Stoddard to substitute the definition with
the above amendment. Seconded by Commissioner Harris, the motion
to approve this amendment 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 Dr. Mirabile said that once a property becomes
farm land it changes the taxing capability on that property.
Mr. Goldstein said that the City Manager's concern is real
and in fact this zoning change may cause a decrease in taxes;
once the property is considered agricultural, nothing could be
done about it under the special use provision.
CITY COMMISSION MINUTE$
January 4, 2011
12
i mal
1 Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
2 motion to defer this item passed by a 3 -2 vote:
3
4 Commissioner Palmer: Nay
5 Vice Mayor Newman: Yea
6 Commissioner Beasley: Yea
7 Commissioner Harris: Nay
8 Mayor Stoddard: Yea
9
10
11 03 -11 -2076
12 17. An Ordinance of the Mayor and City Commission of the
13 City of South Miami, Florida, relating to a request to
14 amend the official zoning map of the City of South
15 Miami Land Development Code by designating a
16 commercial building located at 5875 Sunset Drive (aka
17 The Dowling Building) as an historic site and by
18 placement of an Historic Preservation Overlay Zone
19 (HP -OV) over the existing zoning use district for
20 this property; providing for severability; providing
21 for ordinances in conflict; and providing an effective
22 date. 3/5
23 (City Manager- Planning Dept.)
24
25 Moved by Commissioner Beasley, seconded by Mayor Stoddard
26 to approve this item.
27
28 The public hearing was opened at this time.
29
30 Ryan Bailine addressed the Commission on behalf of the
31 property owner in support of this ordinance.
32
33 With no further speakers the public hearing was closed.
34
35 With no further comments, the motion to approve this item
36 passed by a 5 -0 vote:
37
38 Commissioner Palmer: Yea
39 Vice Mayor Newman: Yea
40 Commissioner Beasley: Yea
41 Commissioner Harris: Yea
42 Mayor Stoddard: Yea
43
44
45 18. An ordinance of the Mayor and City Commission of the
46 City of South Miami, Florida, to amend Section 20 -3.3
47 (D) of the Land Development Code entitled "Permitted
48 Use Schedule" in order to: change the existing
CITY COMMISSION MINUTES 13
January 4, 2011
1 "School, Elementary or Secondary" use category and the
2 existing "School, Vocational" use category from "P"
3 Permitted use category to "S" Special Use category; to
4 create a new use type entitled "School, Private or
5 Charter" with all development in the new "School,
6 Private or Charter" use category being classified as
7 an "S" Special Use; and amending Section 20 -3.4
8 entitled "Special Use Conditions" in order to set
9 forth general and special requirements applicable to
10 all three school use categories; providing for
11 severability; providing for ordinances in conflict;
12 and providing an effective date. 3/5
13 (City Manager- Planning Dept.)
14
15 Moved by Commissioner Beasley, seconded by Mayor Stoddard
16 to approve this item.
17
18 The public hearing was opened at this time.
19
20 Jose Biton addressed the Commission and Mayor Stoddard
21 before he began speaking asked the gentleman whether he would be
22 considered a lobbyist, and he responded he is not. Mr. Biton
23 spoke against this ordinance, saying that it is anti - consumer,
24 anti - parent, and eliminates competition. Before he finished,
25 Vice Mayor Newman referred to the definition of lobbyist,
26 requesting that Mr. Biton be asked to stop addressing the
27 Commission because he did fall under the City's definition of
28 lobbyist.
29
30 Sharon McCain spoke in support of the ordinance, adding
31 that she thinks that it is neither anti - consumer nor anti -
32 parent.
33
34 Cal Rosenbaum urged the Commission to conduct an in -depth
35 study before taking away his rights as a permitted use for his
36 building located at 7040 SW 61St Avenue which was used as a
37 school before Hurricane Wilma damaged it about five years ago.
38 He recommended bringing professionals from various area
39 universities to address the Commission on this subject. He urged
40 the Commission to table this item.
41
42 Brad Cassel concurred with Mr. Rosenbaum, urging the
43 Commission to table this item until further study is done.
44
45 With no further speakers the public hearing was closed.
46
47 Commissioner Palmer said that by imposing so many
48 restrictions no more schools will be coming into our City.
CITY COMMISSION MINUTES 14
January 4, 2011
m1a I
1
2 Mayor Stoddard said that items one and two, dealing with
3 the number of students per acre, and also parking, seem to be
4 the most controversial items in the ordinance.
5
6 Commissioner Beasley said that they are not saying that
7 they do not want schools here, the only thing this is doing is
8 to require that they apply for special use.
9
10 Moved by Mayor Stoddard, seconded by Commissioner Harris,
11 the motion to defer this item passed by a 4 -0 vote:
12
13 Commissioner Palmer: Yea
14 Vice Mayor Newman: Absent
15 Commissioner Beasley: Yea
16 Commissioner Harris: Yea
17 Mayor Stoddard: Yea
18
19
20 04 -11 -2077
21 19. An Ordinance of the Mayor and the City Commission of
22 the City of South Miami, Florida relating to the fee
23 schedule; amending ordinance 21 -09 -2013 as amended by
24 ordinances to, increasing some fees, adding new fees
25 and deleting some fees from the schedule, providing
26 for severability, ordinances in conflict, and an
27 effective date. 3/5
28 (City Manager - Finance Dept.)
29
30 Moved by Mayor Stoddard, seconded by Commissioner Beasley
31 to approve this item.
32
33 The public hearing was opened.
34
35 Sharon McCain referred to the residential parking decal
36 fees; she spoke against the notarization fee that is added to
37 the application; she also said that it should not be for a
38 maximum of two; every person living in the household with a
39 driver's license and the address on it was entitled to a decal.
40
41 With no further speakers the public hearing was closed.
42
43 Mayor Stoddard recommended passing this ordinance as
44 presented and bringing it back at a future meeting for
45 addressing any further amendments.
46
47 With some further comments, the motion to approve this item
48 passed by a 4 -0 vote:
CITY COMMISSION MINUTES 15
January 4, 2011
1
2 Commissioner Palmer:
3 Vice Mayor Newman:
4 Commissioner Beasley:
5 Commissioner Harris:
6 Mayor Stoddard:
7
M1
Yea
Absent
Yea
Yea
Yea
8 RESOLUTION (S) PUBLIC HEARING (S)
9
10 10 -11 -13324
11 20. A Resolution of the Mayor and City Commission of the
12 City of South Miami, Florida, authorizing the City
13 Manager to purchase mapping software from USA Software
14 Inc. for a total cost of $15,000.00 to be paid at
15 $5,000.00 per year for three years and charged to
16 account number 608 - 1910 -521 -3450 (State Forfeiture
17 Contractual Services) providing for an effective
18 date. 3/5
19 (City Manager - Police Dept.)
20
21 Moved by Commissioner Palmer, seconded by Commissioner
22 Beasley to approve this item.
23
24 The public hearing was opened and closed with no speakers.
25
26 With no further comments, the motion to approve this item
27 passed by a 4 -0 vote:
28
29 Commissioner Palmer: Yea
30 Vice Mayor Newman: Absent
31 Commissioner Beasley: Yea
32 Commissioner Harris: Yea
33 Mayor Stoddard: Yea
34
35
36 11 -11 -13325
37 21. A Resolution of the Mayor and City Commission of the
38 City of South Miami, Florida, authorizing the City
39 Manager to issue a Purchase Order to Sun Recycling,
40 LLC for the recycling of the City's yard waste in the
41 amount up to $135,714.75 to be charged to Public Works
42 Refuse Disposal Fee - Recycling Account Number 001 -1720-
43 534 -4341; providing for an effective date. 3/5
44 (City Manager - Public Works Dept.)
45
46 Moved by Commissioner Beasley, seconded by Mayor Stoddard
47 to approve this item.
CITY COMMISSION MINUTES 16
January 4, 2011
m1a t
2 The public hearing was opened.
3
4 Sharon McCain addressed the Commission about the Christmas
5 lights that were not installed downtown this year.
6
7 With no further speakers the public hearing was closed.
8
9 With no further comments, the motion to approve this item
10 passed by a 4 -0 vote:
11
12 Commissioner Palmer: Yea
13 Vice Mayor Newman: Absent
14 Commissioner Beasley: Yea
15 Commissioner Harris: Yea
16 Mayor Stoddard: Yea
17
18
19 12 -11 -13326
20 22. A Resolution of the Mayor and City Commission of the
21 City of South Miami, Florida, authorizing the City
22 Manager to finance up to thirty eight (38) multi -space
23 parking stations for an amount not to exceed $420,000
24 and accepting the interest rate of 2.355% with no
25 prepayment penalty through SunTrust Bank, charging
26 Debt Service - Principal Account No. 001 - 1410 -513 -7110
27 and Debt Service - Interest Account No. 001- 1410 -513-
28 7210; and providing an effective date. 4/5
29 (City Manager - Finance Dept.)
30
31 Moved by Commissioner Palmer, seconded by Commissioners
32 Beasley and Harris to approve this item.
33
34 The public hearing was opened.
35
36 Sharon McCain addressed the Commission to confirm whether
37 these machines will solely run on solar, and she also requested
38 information regarding the name of the company installing the
39 machines.
40
41 With no further speakers the public hearing was closed.
42
43 With no further comments, the motion to approve this item
44 passed by a 4 -0 vote:
45
46 Commissioner Palmer: Yea
47 Vice Mayor Newman: Absent
48 Commissioner Beasley: Yea
CITY COMMISSION MINUTES 17
January 4, 2011
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
DTI
Commissioner Harris: Yea
Mayor Stoddard: Yea
(This item was withdrawn from the agenda)
23. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute an attached agreement with the firm
of Gila, LLC d /b /a/ Municipal Services Bureau (MSB)
providing debt collection services for a fee
constituting twenty -two percent (22 %) of the principal
amount owed to the City and collecting said fee in
addition to the whole of said principal as part of the
total payment due from the debtor. This agreement
shall be for the duration of an initial one (1) year
period with four (4) one (1) year option to renew
periods for a possible total term of five (5) years,
and providing an effective date. 3/5
(City Manager - Finance Dept.)
Mr. Goldstein explained that legal requested withdrawing
this item for further review.
ORDINANCE (S) FIRST READING
(NONE)
There being no further business to come before this Body,
the meeting adjourned at 11:58 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
January 4, 2011
WE
Approved
Philip K. Stoddard
Mayor
✓'\ gqE f � r F
1
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: January 4, 2011
From: Hector Mirabile, Ph.D., City Manager
Re: Manager's Report
The following is my report for the commission meeting of January 4, 2011
In an effort to improve operational efficiencies and interoperability Code Enforcement and
Parking Enforcement were moved from the City Manager's Office and Finance Department
respectively and placed under the Police Department. This move enhances unity of effort and
unity of command in the area of enforcement actions. Additionally, since the City is moving into
a Community Oriented Team strategy the unification of the police, code enforcement, and
parking under one department permits a focused strategy at dealing with the "Broken Window"
effects generally encountered in unattended areas. The expected results are reduction of crime,
improved code compliance, and parking.
In an effort to ensure a high degree of quality service to our citizens and patrons of downtown
South Miami, we are implementing a pilot program at the City's parking lot located at
The pilot implementation of the Pay Stations /Pay by space will have a soft commencement on
Thursday and a full commencement on Friday of this week. The City will have each of the
meter heads removed this Wednesday and replaced with signs alerting patrons to remember then
space number and pay at the station. The signs will be up to educate our public for a period of
30 days and then we will have three additional weeks to remove specified signs and
corresponding poles.
As some in the Commission may know, there are certain citizens spreading disinformation
regarding an email published in the Community Newspapers by Mr. Michael Miller, Executive
Editor. Ms. Sharon McCain has been personally attacking certain elected officials and me where
she disparagingly makes accusations and erroneously makes assumptions that it is my desire to
begin charging residents for then civic duty of reporting violations of the code or law. This is
totally false! The email specifically addresses my intent and Mr. Miller was kind enough to
reprint the email in an attempt, I hope, to clear the disinformation being communicated by Ms.
McCain. We admire our citizens who take personal pride and interest in ensuring our City
remains the beautiful and pleasant place we come to enjoy and under no circumstances would I
or any of my staff advocate that we start charging citizens for doing then civic duty. The
City Manager's Report to Commission; January 4, 2011
Park Pool Design /Build RFP is on standby pending resolution of the Murray Park
Pool Operator RFP.
vi. Paving RFP: Former Public Works Director Armand Fritz was also at the
forefront of this solicitation and had recently provided me a draft for my review
and suggestions — I will be meeting with Interim Director Rudy de la Torre later
today to brief him on this matter as well in an effort to assist him in moving
forward.
vii. Red Light Camera RFP: Collecting further information work will proceed towards
the preparation and finalization of a draft with a tentative opening date of next
week.
viii. Tennis Court RFP: Purchasing met with the Parks Director and consideration is
now being given to the City addressing, for itself, the lighting of the tennis courts
as a separate matter from what is in the RFP for the facilities management.
There is a very rough, preliminary draft RFP requiring additional review and
address for issuance.
ix. Other Pending RFP's: Lobbyist, Purchasing Card, Motor Pool, Insurance and
Bus Bench Advertising.
The following are other matters I'm for the immediate future:
x. Auction (of Surplus): Currently in communication with PropertyRoom.com, the
same online auction company used by the City of Coral Gables, concerning
certain aspects of their contract and other additional information they've provided
— such as the percentage we would receive dependent on the value of the item in
question; the particular plan needed is a cost/benefit differential, if any, that may
be involved; and, the criteria and reporting for what is unsold and designated as
"disposable:" Once finalized, a draft memo, resolution and agenda item will need
to be prepared.
xi. Appraisal /inventory of Assets: Awaiting the final of three (3) different proposals
received for these services in an effort to assist Finance with the GASB 34
compliance. Once finalized, a draft memo, resolution and agenda item will need
to be prepared.
xii. Preparation of a Purchasing Ordinance: information was gathered and work
on a draft ordinance is now pending. Once a draft is available the same will be
provided for review and approval.
d. Police:
Uniform Patrol Division:
i. Total of 33 arrests: these arrests were composed of 6 felonies, 16
misdemeanors, 6- traffic, and 5 warrants served. Of those 33 arrests, 7
were narcotics related;
ii. During the month of December 2010, Officer Lantigua was assigned to the
"Downtown Holiday Patrol." This assignment was initiated to enhance
visibility and enforcement in the downtown shopping area during the
holiday season. Officer Lantigua made a total of 7 arrests, issued 18 traffic
citations, and completed 2 field interviews;
City Manager's Report to Commission; January 4, 2011
v. Code Manager personally conducted a downtown inspection from 5 pm to
1:30 am and addressed various businesses noise complaints.
vi. Actively working to resolve identified right of way violations by utility
companies.
vii. Continuously working on graffiti.
viii. Code Enforcement and Police met with 74 "' Street business /property
owners to review the noise ordinance.
ix. With Planning and Zoning various permitting deficiencies with local
restaurant were addressed and permit issued.
e. Human Resources:
i. HR Director: From a total pool of 34 candidates two candidates emerged
having the knowledge, skills, and abilities as well as the appropriate
experience. HR Department is currently working on their backgrounds
and once cleared I will nominate the best candidate for the position to the
Commission.
ii. Grants & Sustainable Initiatives Administrator: We requested writing
samples from the top candidates and will be reviewing them this week.
City will then bring in the top three for interviews and a selection will be
made then.
iii. Police /Public Service Aide, Reserve Officer, and Communications
Officer: Conducted numerous interviews for the positions and many are
in the process which is lengthy.
iv. Code Enforcement Officer (PT), Park & Recreation Instructor, and Public
Works Maintenance Worker.
f. Public Works: See Attachment A.
Miscellaneous Items:
City Hall Energy Survey is in process. See Attachment A.
Larkin Hospital See Attachment A.
SW 66 Street Improvements Phase II: Copy of Bid Package is sent to Miami
Dade County HCD for review. Upon completion of I4CD review, this project will
be advertised forbids.
City Manager's Report to Commission; January 4, 2011
Hospital) submitted a major change to their property's future land use map category,
in order to allow for future new development on their site. "
II. Commission directives or issues:
a. Crime and drug enforcement. Continued efforts in protracted cases are
maturing.
b. Pension: Staff is conducting research on potential strategies for the purpose of
achieving stability and affordability. This is a major segment of the bargaining
with AFSCME and PBA unions.
c. Parking reform: No change in status.
d. Master Park Plan: No Change.
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: No change
h. Stop Signs: No Change
i. Farmers Market Contract: Amended contract signed by all parties.
END OF MEMORANDUM
City Manager's Report to Commission; January 4, 2011
replaced with green space. Their acceptance would provide a large amount of "good will" and would be greatly
appreciated by the citizens and Commission. Final inspection is pending.
Pinecrest Villas Traffic Calming Speed Tables: The process to obtain bids for the design phase is ongoing.
SW 66 "' Street Improvements Phase I: Concrete damages around manholes were corrected by Budget
Construction under warranty.
Sunset Drive Improvements: A settlement was reached with M. Vila during a pre - litigation meeting held
December 13, 2010. M. Vila agreed to complete the repairs starting January 11, 2010.
City Hall Energy Survey: Consultant completed the walkthrough assessment of the buildings and expects to
complete the report by next week.
Traffic Calming completion: No change since last report.
Murray Park Pool: No change since last report.
SW 66th Street Improvements Phase I1: Copy of the bid package was submitted to MDC HCD for their review.
PLANNING and ZONING DEPARTMENT
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
Tel: 305- 663 -6326
Fax: 305-669-7356
Please feel fie6jo contact me should you have any questions.
Sincerely
T fnas J. Vageline, D• • ctor
Planning and Zoning Department
C: Matthew S. Greer, Carlisle Development Manager
Hector Mhabile, City Manager
Larry Feingold, City Attorney
X:\Letters45890 SW 69 Street Carlisle Affordable 12- 30- 2010.doc