1mof t
1 City of South Miami
2 Regular City Commission Minutes
3 February 15, 2011
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CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, February 15, 2011, beginning at
7:16 p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
Commissioners Velma Palmer, Brian D. Beasley and Walter A.
Harris.
Also in attendance were: City Attorney Laurence Feingold,
Deputy City Attorney Mark A. Goldstein, Deputy City Clerk Nkenga
Payne and City Manager Hector Mirabile.
B. Moment of Silence: By Commissioner Beasley
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
7 Resolution :
>wners of Zi
Martin Hochman
Goods in South
Deferred to the next meeting.
Officer(s) of the Month
ime
Officer Christopher Johnson received the award of Officer
of the Month for January 2011.
Most Courteous Officer(s) of the Month
Officer Louis Fata received the award of Most Courteous
Officer of the Month for January 2011.
Employee of the Month
Deferred to the next meeting.
CITY COMMISSION MINUTES 1
February 15, 2011
Waft
1
2 With no further presentations this section was closed.
3
4 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
5
6 1. Approval of Minutes
7
8 a) Minutes of February 1, 2011
9
10 Commissioner Harris referred to item no. 24, requesting
11 that the minutes be amended to include comments from the
12 dissenting side.
13
14 Moved by Commissioner Harris, seconded by Commissioner
15 Palmer, the motion to defer the minutes of February 1, 2011
16 passed by a 5 -0 vote:
17
18 Commissioner Palmer: Yea
19 Vice Mayor Newman: Yea
20 Commissioner Beasley: Yea
21 Commissioner Harris: Yea
22 Mayor Stoddard: Yea
23
24 2. City Manager's Report (25 minutes)
25
26 (See attached report)
27
28 Vice Mayor Newman said that she is not sure whether she
29 favors red light cameras in view of all that is going on with
30 the issues with the private companies that are running them.
31
32 Commissioner Palmer said that she is not in favor of the
33 red light cameras because of ongoing litigations where they have
34 been installed.
35
36 Mayor Stoddard then recommended revisiting this issue at
37 the end of the meeting.
38
39 Commissioner Harris asked for the status of the electrical
40 recycling project.
41
42 Commissioner Beasley recommended holding a workshop on the
43 YMCA instead of a COW which was scheduled for Thursday, February
44 17th
45
46 With some further comments the City Manager's Report ended.
47
48 3. City Attorney's Report
CITY COMMISSION MINUTES 2
February 15, 2011
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llaTt
Mr. Feingold announced an Executive Session on the
Bougainvillea case for March 1, 2011 from 7:00 -8:00 p.m.;
Presentations were scheduled for 6:30 p.m.
Proposed SEC Registration of appointed board members
Dal advisors"
The SEC has come up with a proposed rule and has given
every city until February 22 "d to file an objection; this could
have a chilling effect on our citizens' volunteers in any board
making financial decisions, where the volunteer citizens would
have to register with the SEC. He has informed the League of
Cities of this matter and they are going to have a position in a
day or two; other cities through the country have objected this
proposed legislation and have prepared letters that they have
sent to cities recommending using them. Mr. Feingold then asked
for the consensus of the City Commission allowing him to work
with the Mayor to write a letter objecting to this new SEC
regulation for the reasons stated above. He then said that in
the event that the proposed legislation passes, that he will
recommend asking the SEC to exempt small towns with a population
under 20,000. The Commission unanimously agreed to allow Mr.
Feingold to write the letter to the SEC objecting to the
proposed legislation.
Mr. Feingold requested pulling item no. 9 from the Consent.
With no further comments, the City Attorney's Report ended.
PUBLIC REMA
(5 minutes)
David Tucker Sr. addressed the Commission about the
importance of ethics.
Peter Myrtetus addressed the Commission regarding an issue
with Code Enforcement due to a wooden gate that he replaced back
in November of last year. He said that he was willing to pay the
permit fee he owed but not the red tag fee. Mayor Stoddard told
Mr. Myrtetus that he had gone through the same situation
sometime ago and that he would look into the issue to see what
could be done.
Amy Doner, President of the Red Sunset Merchants
Association addressed the Commission on behalf of the downtown
merchants, asking for more cooperation and understanding towards
CITY COMMISSION MINUTES 3
February 15, 2011
wayl
I the business community when it comes to our rules and
2 regulations.
3
4 Antoinette Baldwin, representing King Mango Strut, Inc.,
5 the organization that established King Mango Strut in 1992; she
6 said for the record that they had nothing to do with the so
7 called "spontaneous event" in South Miami; she said that they
8 didn't know anything about it until the night before, as she
9 continued to tell the whole story to the Commission in order to
10 clear their name.
11
12 Rick Mattaway addressed the Commission regarding item no.
13 13 on the agenda, saying that the proposed amendments to Section
14 20 -7.6b to the Land Development Code in the Hometown district
15 potentially impacts Plaza 57.
16
17 Sharon McCain said that she was surprised by what previous
18 speaker, Amy Doner said about the City not helping the
19 merchants; she reminded about the efforts of the City to make
20 the Elves' Parade a reality even when there was no budget for
21 it. She then referred to the item on the agenda regarding a
22 request for a banner for the Farmers' Market, saying that the
23 banner is a good idea but not agreeing with waiving the fee. She
24 asked for the status on quarterly financial reports. She said
25 that we should try to get reimbursed for legal fees.
26
27 Neisen Kasdin addressed the Commission on item no. 13 about
28 the same issue referred by Mr. Mattaway above.
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30 Cal Rosenbaum said that he has no financial interest in any
31 real estate in the Hometown district. He said that he is in
32 favor of any development having a Hometown overlay just as it is
33 today; he said that the entire ordinance is wrong in the way
34 that it is written and that it gives a wrong impression to
35 everybody about this City.
36
37 Dr. Gray Read, Chair of the Green Task Force, addressed the
38 Commission about the accomplishments of the Green Task Force
39 since its inception in 2008. We have had an energy audit of City
40 Hall; we are at the point of hiring a sustainability consultant;
41 we have a website now; the City has an Urban Landscape Committee
42 working with Miami -Dade County to plant trees. She said that
43 they hope that the Green Initiative will be a part of the EAR
44 process.
45
46 Donna Shelley addressed the Commission as a member of the
47 Historic Preservation Board in support of item no. 16 on the
48 agenda regarding proposed amendments in an effort to consolidate
49 all current regulations pertaining to historic preservation.
CITY COMMISSION MINUTES 4
February 15, 2011.
2 Beth Schwartz spoke in support of the proposed amendments
3 on item no. 15. She then thanked the Police Department for
4 patrolling the streets of Cocoplum Terrace. She said that
5 something needs to be done about the cars stopping in the middle
6 of the road to drop off and pick up children at the Charter
7 School, showing no consideration for the moving traffic.
8
9 With no further speakers this section was closed.
10
11
12 4. Commission Reports, Discussion & Remarks (25 minutes)
13
14 Vice Mayor Newman
15 • Said that eleven out of the twelve ethic charges filed
16 against her have been dismissed; she has one more on
17 the issue with AT &T; all of this has cost the
18 taxpayers a lot of money and we are now planning to go
19 after the Miami -Dade County Ethics Commission to
20 recover all of the legal fees that have been spent by
21 the City;
22 • Was disturbed with the public remarks about not
23 supporting the merchants; we are very supportive of
24 the merchants in the downtown area, she said; she does
25 her shopping and her dining in South Miami; however,
26 she is also in favor of supporting our Code;
27 • Very excited that Chocolate Fashion has opened in
28 South Miami;
29
30 Commissioner Harris
31 • Suggested having a family- oriented movie once month at
32 the Community Center for families to gather - this is
33 done in other cities such as Pinecrest;
34 • Glad to hear that we are still pursuing the recycling
35 of electronic equipment.
36
37 Commissioner Palmer:
38 • Informed that there are vacancies on some of the
39 boards - applications have been submitted and hopes
40 that they can be brought forward;
41 • The Charter School is part of Miami -Dade County
42 Schools so a police should be there, and we need to
43 look into that;
44 • Has been given a lot of complaints from business
45 people and from property owners about the way things
46 are being done; she hopes that they look back at what
47 they are doing in order to be more careful because
CITY C0MMISSION MINUTES 5
February 15, 2011
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MT29
decisions made at the dais will eventually impact over
10,000 people.
Commissioner Beasley:
• Welcomed the new HR Director, LaTasha Nickle;
• Has always supported the downtown merchants both by
attending their meetings and also Art Night, and by
eating several times a week at the restaurants;
• Announced Black History Month events: February 26
(all -day event starting with breakfast) and urged
interested persons joining for support; vendor's fees
are being waived by the Black History Month Committee
- Commissioner Palmer said that they should have been
brought up before the Commission to waive the fees as
a body;
• A great event held this past Sunday in honor of
Andrew Dawson - thanked staff for all their efforts.
Mayor Stoddard:
• At the request of Mr. Tucker, an ethics seminar was
requested to be conducted by Mr. Goldstein in the near
future;
• Regarding the request for quarterly reports, the City
Manager explained that they are just a compilation of
monthly reports which are published online on a
monthly basis; he added that quarterly reports will be
much easier for the Finance Department to provide when
the new system is installed by the end of April or
May;
• Status of garage audit: the City Manager said that the
audit company has to finish its review process and
that we should be getting it soon;
• Somerset School traffic movement during drop off and
pick up - the City Manager said that he would talk to
the Police Chief in order to assess the situation to
see what can be done to alleviate the situation;
• We need to get our boards in order;
• Requested clarification as to how the Sunshine Law
applies to members of the Commission meeting with
citizens or business persons outside of Commission
meetings and COWS - Mr. Goldstein explained that the
Sunshine Law primarily applies when more than one City
Commissioner is present at a meeting; the Sunshine Law
generally prohibits discussions between two or more
members on a board on a matter that is likely to come
before the board;
CITY COMMISSION MINUTES
February 15, 2011
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O Said that he keeps hearing rumors that he favors 3-
story development on the west side of 62nd Avenue in
Cocoplum Terrace neighborhood - he then stated his
position on this matter for the record; he said that
he has to agree with the residents of 62nd Court that
the lots on the west side of 62nd Avenue are simply too
narrow to construct a building higher than 2- stories
without inflicting unwelcomed and negative impact upon
the existing single- family residents of 62nd Court; he
said that he hopes that this puts this rumor to rest.
At this time Vice Mayor Newman said to the City Attorneys
that she understands that there has been lobbying of certain
Commissioners and the Mayor regarding a possible settlement with
the developers on 62nd Avenue and that the attorneys have decided
that, legally, it would take three Commission vote to accept
such an agreement. She asked if that was correct.
Mr. Goldstein said that there are no settlement offers;
there have been settlement discussions between me and the other
side, he said, but since there are no specific settlement offers
he has not asked for an executive session on that; and about the
three votes question, he said that he has never made any such
determination one way or another.
Vice Mayor Newman asked Mr. Goldstein whether he had
actually discussed the possibility of a settlement with certain
members of this dais.
Mr. Goldstein said that he has discussed certain things
that have been going back and forth between him and the lawyers;
however, he said that there was nothing specific that he would
call a settlement offer that is right or concrete to be brought
to the Commission in a shade session.
Vice Mayor Newman stated her position saying that she is
not now and nor will she be in agreement with any kind of
settlement agreement regarding this issue.
With some further comments this section was closed and the
Mayor announced a 5- minute recess.
As the meeting reconvened, items 8, 9 and 9a were pulled
from the Consent.
CITY COMMISSION MINUTES 7
February 15, 2011
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2
3
34 -11 -13348
4
5.
A Resolution of the Mayor and City Commission of the
5
City of South Miami, Florida concerning an application
6
pursuant to Land Development Code Section 20- 4.3(N) to
7
permit the installation of a banner over Sunset Drive
8
to promote the 9th Annual Fairchild Tropical Garden
9
Orchid Festival a fund raising event to be held at the
10
gardens March 11 -13, 2011; providing for an effective
11
date. 3/5
12
(City Manager - Planning and Zoning Dept.)
13
14
35 -11 -13349
15
6.
A Resolution of the Mayor and City Commission of the
16
City of South Miami, Florida, authorizing the City
17
Manager to purchase emergency equipment and have it
18
installed on the six (6) 2011 Ford Crown Victoria
19
Police Pursuit vehicles. The emergency equipment will
20
be purchased and installed by DANA Safety Supply (DSS),
21
who was awarded the City of Tallahassee bid. As per
22
the City Charter, the City of South Miami will
23
piggyback this bid and have the emergency equipment
24
purchased and installed for a cost of $27,184.00 as
25
approved in the 2010 -2011 Budget to be charged to
26
account number 001 -1910- 521 -6440 (Vehicles), providing
27
for an effective date. 3/5
28
(City Manager - Police Dept.)
29
30
36 -11 -13350
31
7.
A Resolution of the Mayor and City Commission of the
32
City of South Miami, Florida, authorizing the City
33
Manager to purchase six (6) Ford Crown Victoria Police
34
Pursuit vehicles from Bartow Ford Inc. as approved in
35
the 2010 -2011 Budget for a total amount not to exceed
36
$158,007.00 to be charged to account number 001 -1910-
37
521 -6440 (Vehicles), providing for an effective date.
38
(City Manager- Police Dept.) 3/5
39
40
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
41
the
motion to approve the Consent Agenda passed by a 5 -0 vote:
42
43
Commissioner Palmer: Yea
44
Vice Mayor Newman: Yea
45
Commissioner Beasley: Yea
46
Commissioner Harris: Yea
CITY COMMISSION MINUTES 8
February 15, 2011
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Mayor Stoddard:
RESOLUTION(S)
1 Mrim, I
37 -11 -13351
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing a transfer
of $6,540.00 from account number 001 - 1610 - 524 -2210,
Pension Plan Contribution, to account 001- 1610 -524-
2220, ICMA Deferred Compensation for $6,540.00;
providing for an effective date. 3/5
(City Manager- Building Dept.)
Moved by Commissioner Beasley, seconded by Commissioner
Harris to approve this item.
Vice Mayor Newman pulled this item from the Consent for
clarification regarding the opt -out provision passed by
ordinance; she said that she was not sure why the funds were
being transferred from the Pension Plan Contribution. Mr.
Riverol explained that the budget was adopted before that
ordinance was adopted, and at that time anyone that worked for
the City as a fulltime employee was required to contribute to
the pension and the City had the responsibility to contribute to
the pension on behalf of that employee.
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
38 -11 -13352
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, pursuant to Chapter 8A
of the Code of Ordinances, authorizing the payment of
legal fees to Harriet R. Lewis, Esquire for services
rendered to Vice Mayor Newman, paid from account No.
001 - 1500 -514 -3410; and providing an effective date.3 /5
(City Attorney)
CITY COMMISSION MINUTES
February 15, 2011
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41alffl
1 Moved by Mayor Stoddard, seconded by Commissioner Beasley
2 to approve this item.
3
4 Mr. Feingold said that the attorneys at Harriet Lewis's
5 office have interviewed the AT &T employees and they have
6 affirmatively stated that they were not harassed in any way,
7 shape or form when Vice Mayor Newman inquired about moving the
8 boxes to be out of the way of the houses; it is not necessary to
9 take the deposition of the same AT &T employees, and that he
10 expects that this case will be over soon and that will be the
11 last charge.
12
13 Commissioner Palmer expressed concern regarding prior
14 comments from the attorneys about possibly suing the Ethics
15 Commission which could mean placing a financial burden on the
16 City; Mr. Feingold explained that they have decided that they
17 would not go ahead with that without the approval of the
18 Commission.
19
20 Commissioner Beasley referred to the charges that had been
21 brought against him which they were all dropped; however, the
22 harassment that comes with it lives on forever, he added.
23
24 With some further comments, the motion to approve this item
25 passed by a 4 -0 vote:
26
27 Commissioner Palmer: Yea
28 Vice Mayor Newman: Abstained
29 Commissioner Beasley: Yea
30 Commissioner Harris: Yea
31 Mayor Stoddard: Yea
32
33
34 39 -11 -13353
35 9a.A Resolution of the Mayor and City Commission of the
36 City of South Miami, Florida concerning an application
37 pursuant to Land Development Code Section 20- 4.3(n) to
38 permit the installation of a banner and to waive the
39 permit fee over Sunset Drive to promote a Farmers
40 Market to be held on every Saturday beginning on
41 February 19, 2011, and requesting a waiver of the
42 application fee; providing for an effective date. 3/5
43 (Commissioner Harris)
44
45 Moved by Mayor Stoddard, seconded by Commissioner Beasley
46 to approve this item.
47
CITY COMMISSION MINUTES 10
February 15, 2011
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Commissioner Harris
needs this signage which
have to come back again.
mnq
explained that the Farmers' Market
will go up for two weeks and it will
Moved by Commissioner Palmer to amend the resolution by
adding to the title: "...and to waive the permit fee..." Seconded by
Mayor Stoddard, 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
Vice Mayor Newman asked for how long the banner has been
over Sunset Drive and whether the fee has been paid. The City
Manager explained that the banner has been installed for over a
month and that the fee had been waived. Vice Mayor Newman said
that she could not support this because it had been the
agreement that Earth Learning would cover all expenses of
banners, advertising, etc.; they got a $10,000 grant from South
Miami Hospital plus a $750,000 grant to put this whole program
together, they have free space at City Hall, and we are giving
them a reduced rate at the Mobley Building.
With some further comments, the motion to approve this item
as amended passed by a 4 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Nay
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
(This item was withdrawn from the agenda)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, Co- Designating S.W. 62nd
Avenue, from S.W. 64th Street to S.W. 72nd Street
(Sunset Drive) as Marshall Williamson Avenue; Directing
the City Manager to submit this Resolution to Miami -
Dade County and to take all other necessary actions to
carry out the purpose of this Resolution; and providing
an effective date. (Deferred 02101111) 3/5
(Commissioner Beasley)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the review
CITY COMMISSION MINUTES
February 15, 2011
11
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1 and acceptance of the Annual Report of the South Miami
2 Corporation (First National Bank of South Miami) on
3 their proposed "Project Sunset" located at 5750 Sunset
4 Drive; said report required by Section 27 of a
5 Development Agreement executed between the City of
6 South Miami and the South Miami Corporation by the
7 adoption of Ordinance No. 05 -05 -1827; and providing an
8 effective date. 3/5
9 (City Manager - Planning and Zoning Dept.)
10
11 Moved by Commissioner Beasley, seconded by Commissioner
12 Palmer to approve this item.
13
14 Mayor Stoddard asked the City Attorney whether a late
15 recording date on a development agreement had any grounds for
16 reconsideration or denial of such an agreement.
17
18 Mr. Feingold said that not in this case because Florida
19 Statutes 163.3239 requires the City to record; therefore, this
20 City was entirely at fault in not recording this document. He
21 said that in his opinion, they would be voting erroneously when
22 it has been already adjudicated by this Commission.
23
24 Vice Mayor Newman said that she objected to this before and
25 that she is objecting to this again; this was adopted in June
26 14, 2005 which is absolutely not the date; it was actually
27 adopted in March of 2005, not in June of 2005 when it was
28 amended and signed by Horace Feliu who was not the Mayor at that
29 time; there are also problems with the notarization. Because of
30 all the mentioned irregularities she said that she would not
31 support this resolution.
32
33 Mr. Feingold said that the matter will be investigated by
34 Mr. Harms, but as far as I'm concerned, he said, we failed our
35 duty to record and we have an administrative Res Judicata which
36 means that we can't hear it again.
37
38 Mayor Stoddard asked if in the future some legal
39 insufficiency is found, would the Commission be able to revisit
40 the agreement at that time. Mr. Feingold said that a new
41 substantial change and circumstance must be found, then, there
42 could be grounds to revoke this agreement.
43
44 Mr. Proctor explained that Florida Statutes, when deals
45 with development agreements, it imposes a standard of good
46 faith; he said that the City acted in good faith and also the
47 .property owner is acting in good faith; the City is honoring
48 this development agreement; the rules that are set forth in the
CITY COMMISSION MINUTES 12
February 15, 2011
I rauf t
1 agreement as it was adopted by the Commission are still in
2 effect and we have to comply with those.
3
4 Commissioner Palmer said that based on what the attorney
5 stated, and if this report has met all the standards and we are
6 acting in good faith, but in the end the resolution fails, where
7 we go from there, she asked Mr. Proctor.
8
9 Mr. Proctor said that the property owner would be in a
10 situation where a valuable property right would potentially be
11 extinguished. He said that they believe very strongly that the
12 parties are in compliance with the agreement.
13
14 Mr. Feingold said that if this is voted down tonight, it
15 would not be the end of the development agreement; under Florida
16 Statute 163.3225 a local government shall conduct at least two
17 public hearings; and at those public hearings, we would have to
18 present what is called, substantial competent evidence.
19
20 With some further comments, the motion to approve this item
21 failed by a 2 -3 vote:
22
23 Commissioner Palmer: Yea
24 Vice Mayor Newman: Nay
25 Commissioner Beasley: Nay
26 Commissioner Harris: Nay
27 Mayor Stoddard: Yea
28
29 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
30 (NONE)
31
32
33 RESOLUTION (S) PUBLIC HEARING (S)
34 (NONE)
35
36
37 ORDINANCE (S) FIRST READING
38
39 12. An Ordinance of the Mayor and City Commission of the
40 City of South Miami, Florida, authorizing the City
41 Manager to finance up to six (6) new police vehicles
42 for an amount not to exceed $165,000 and accepting the
43 interest rate of 2.44% through SunTrust Bank, charging
44 Debt Service - Principal Account No. 001.1910.521.7110
CITY COMMISSION MINUTES 13
February 15, 2011
m1a f I
1 and Debt Service - Interest Account No.
2 001.1910.521.7210; providing for severability,
3 ordinances in conflict and an effective date. 4/5
4 (City Manager- Finance Dept.)
5
6 Moved by Mayor Stoddard, seconded by Commissioner Harris to
7 approve this item.
8
9 With no further comments, the motion to approve this item
10 passed by a 4 -0 vote:
11
12 Commissioner Palmer: out of room
13 Vice Mayor Newman: Yea
14 Commissioner Beasley: Yea
15 Commissioner Harris: Yea
16 Mayor Stoddard: Yea
17
18 13. An Ordinance of the Mayor and City Commission of the
19 City of South Miami, Florida, amending the Land
20 Development Code in order to clarify parking space
21 requirements in the Hometown District Overlay
22 Regulations by amending Section 20- 7.6(B) entitled
23 "Required Parking" and Section 20- 7.6(C) entitled
24 "Procedure "; providing for severability; providing for
25 ordinances in conflict; and providing an effective
26 date. 3/5
27 (City Manager- Planning Dept.)
28
29 Moved by Commissioner Beasley, seconded by Mayor Stoddard
30 to approve this item.
31
32 Mr. Vageline explained that this is to amend the Land
33 Development Code by adding the word "new" in front of the word
34 "building" when it comes to the ability to recount the amount of
35 parking that would be required in a building. He said that
36 during the Planning Board meeting there was discussion as
37 whether or not this would be necessary.
38
39 Mr. Goldstein said that Planning Board member Whitman at
40 the Planning Board meeting expressed concern that you could have
41 properties next door to each door that because of the date that
42 they were built would have different parking regulations and one
43 would be entitled to bonus and one wouldn't.
44
45 Commissioner Palmer said that this would take away the
46 fairness from property owners because setting different
47 standards for different groups of property owners it is going to
48 create problems.
CITY COMMISSION MINUTES 14
February 15, 2011
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2 Commissioner Harris concurred with Commissioner Palmer and
3 also with the recommendation for denial by the Planning Board.
4
5 Mayor Stoddard said that he had problems with the proposed
6 amendment as well. For instance, Section C5 of the existing
7 ordinance can increase requirements if the change in use
8 requires more parking, but the ordinance proposes to leave that
9 part intact and deny the ability to reduce parking if the change
10 in use calls for less.
11
12 With some further comments, the motion to approve this item
13 failed by a 0 -5 vote:
14
15 Commissioner Palmer: Nay
16 Vice Mayor Newman: Nay
17 Commissioner Beasley: Nay
18 Commissioner Harris: Nay
19 Mayor Stoddard: Nay
20
21 Moved by Commissioner Beasley to extend the meeting passed
22 11:00 p.m. Seconded by Mayor Stoddard, the motion passed by a 5-
23 0 vote:
24
25 Commissioner Palmer: Yea
26 Vice Mayor Newman: Yea
27 Commissioner Beasley: Yea
28 Commissioner Harris: Yea
29 Mayor Stoddard: Yea
30
31 14. An Ordinance of the Mayor and City Commission of the
32 City of South Miami, Florida, amending the Land
33 Development Code in order to set forth that the
34 Planning and Zoning Director is the responsible City
35 Administrator to make final interpretations of
36 regulations contained in the Land Development Code and
37 establishing an appeal procedure, by amending Section
38 20 -1.9 entitled "Interpretation" providing for
39 severability; providing for ordinances in conflict;
40 and providing an effective date. 3/5
41 (City Manager - Planning Dept.)
42
43 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
44 approve this item.
45
46 Vice Mayor Newman spoke in support of this ordinance,
47 saying that this is a good idea since this should be left up to
48 the zoning professionals.
CITY COMMISSION MINUTES 15
Cebruary 15, 2011
Bra fft!
1 Commissioner Palmer said that she had a problem with this
2 because every City Attorney should be versed in the Code for the
3 city that they serve. She said that the City Attorney should be
4 part of the decision in the interpretation of the Code.
5
6 Mayor Stoddard said that should there be an issue with the
7 Planning Director's opinion on any matter, then the Commission
8 may seek the counsel of the City Attorney for advice when the
9 matter comes before the Commission. Therefore, the City Attorney
10 would not be excluded from the process.
11
12 With no further comments, the motion to approve this item
13 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
22 15. An Ordinance of the Mayor and City Commission of the
23 City of South Miami, Florida amending the Land
24 Development Code Section 20- 8.9(B)(1) entitled
25 "Special exceptions" in order to reduce the time limit
26 for commencing and completing a development project
27 which has been granted a special exception in a
28 Transit Oriented Development District (TODD);
29 providing for severability; providing for ordinances
30 in conflict; and providing an effective date. 3/5
31 (City Manager- Planning Dept.)
32
33 Moved by Mayor Stoddard, seconded by Commissioner Beasley
34 to approve this item.
35
36 Commissioner Palmer expressed concern about the proposed
37 time limit, saying that it should be taken into consideration
38 the difficult economic times we are experiencing and how
39 difficult it is to obtain loans.
40
41 Mayor Stoddard clarified that this would not apply to
42 residential properties.
43
44 Commissioner Beasley said that a small fee would have no
45 impact on the multi - million dollars developments in the TODD and
46 that they could always come before the Commission for special
47 exception consideration.
48
CITY COMMISSION MINUTES 16
February 15, 2011
1 Mr. Vageline explained that there is a provision in the
2 ordinance that allows for a request for substantial completion
3 that may be extended by the Commission upon an application filed
4 before it expires. He said that we have already changed this to
5 read similarly in the Hometown Overlay District so the shorter
6 timeframe now exists for special exceptions there.
7
8 With some further comments, the motion to approve this item
9 passed by a 5 -0 vote:
10
11 Commissioner Palmer: Yes
12 Vice Mayor Newman: Yea
13 Commissioner Beasley: Yea
14 Commissioner Harris: Yea
15 Mayor Stoddard: Yea
16
17 16. An Ordinance of the Mayor and City Commission of the
18 City of South Miami, Florida, amending the Land
19 Development Code to place in one article all current
20 regulations pertaining to historic preservation by
21 amending Section 20 -6.1 (D)(1)(a) entitled "Historic
22 Preservation Board Establishment and Membership" in
23 order to require that one member be a licensed
24 attorney; and by creating new Article XI, "Historic
25 Preservation Regulations" including Section 20 -11.1 to
26 be entitled "Historic Preservation Standards "; Section
27 20 -11.2 to be entitled "Designation of Historic Sites ";
28 Section 20 -11.3 to be entitled "Historic Designation
29 Reports"; Section 20 -11.4 to be entitled "Demolition of
30 designated sites; demolition by neglect and
31 certificates of appropriateness "; Section 20 -11.5 to be
32 entitled "Special Provisions Applicable to Designated
33 Historic Sites" and making revisions to update current
34 wording and to modify certain provisions related to the
35 demolition delay period; and deleting from the Land
36 Development Code regulations pertaining to historic
37 preservation including Sections 20 -4.9, 20 -4.11, 20-
38 5.17, 20 -5.18. 20- 5.19,; providing for severability;
39 providing for ordinances in conflict; and providing an
40 effective date. 3/5
41 (City Manager- Planning Dept.)
42
43 Moved by Commissioner Palmer, seconded by Commissioner
44 Beasley to approve this item.
45
46 Mr. Goldstein explained that the 18 -month would apply to a
47 new application.
CITY COMMISSION MINUTES 17
February 15, 2011
wayl
1
2 Mr. Vageline explained that the Historic Board proposed to
3 substitute the word "and" with the word "or "; the Planning Board
4 recommended leaving the word "and" in.
5
6 Commissioner Beasley thanked the board members for their
7 efforts in trying to preserve the character of our City. He then
8 said that he needed further information on this proposal in
9 order to be better prepared to vote on second reading.
10
11 With some further comments, the motion to approve this item
12 passed by a 5 -0 vote:
13
14 Commissioner Palmer: Yes
15 Vice Mayor Newman: Yea
16 Commissioner Beasley: Yea
17 Commissioner Harris: Yea
18 Mayor Stoddard: Yea
19
20 At this time the Commission discussed the red light cameras
21 issues.
22
23 Mayor Stoddard referred to the increasing amount of lawyers
24 challenging in court the red light cameras tickets while the
25 companies dealing with the charges have been closing the
26 loopholes along the way.
27
28 Vice Mayor Newman said that a hundred percent of the cases
29 that are contested in court are dismissed. She added that it all
30 depends on the objectives of the Commission, whether it be
31 revenue or public safety.
32
33 Dr. Mirabile said that from the staff's point of view, the
34 purpose of the red light cameras is strictly for preserving the
35 life and property of the individuals by preventing accidents.
36
37 Commissioner Palmer expressed concern in the event that the
38 cameras at some point are declared unconstitutional and we are
39 left with the burden of the investment.
40
41 Vice Mayor Newman said that if the person that runs the red
42 light is ticketed by an officer is not treated in the same
43 manner that one that runs the red light and is caught by the red
44 light camera; the person that is stopped by an officer has
45 points applied to their license and they have a much larger
46 fine; while the one ticketed by the red light camera is
47 basically a parking infraction, and this speaks to the
48 constitutionality of the program.
49
CITY COMMISSION MINUTES 18
February 15, 2011
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Vice Mayor Newman also said that it is her understanding
that if we implement this program we have to incur the costs of
installing the equipment and the cameras, and in the event that
they are declared unconstitutional we might not be able to
recover our costs.
Dr. Mirabile said not to be sure about being able to recover
the costs but that he would be looking into it.
The consensus of the Commission was to support legislation
for the red light cameras.
There being no further business to come before this Body,
the meeting adjourned at 11:34 p.m.
Attest Approved
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
February 15, 2011
19
Philip K. Stoddard
Mayor
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: February 15, 2011
From: Hector Mirabile, Ph.D., City Manage
Re: Manager's Report
The following is my report for the commission meeting of February 15, 2011
As we move forward in improving the quality of life of our citizens the City is positioning itself
by applying current criminal and zoning laws in an effort to rid the City of abandoned houses
which are used by persons for the purpose of illegal activities. These abandoned houses harbor
addicts which use the houses as a refuge. Chief Orlando Martinez De Castro has taken the lead
with the use of code enforcement, through Carmen Baker and her team, and the South Miami
Police Department to identify the houses and once declared an unsafe structure are scheduled for
demolition. A lien of the property is then placed to recuperate the cost of the demolition.
Additionally, the Department of Parks and Recreation continues providing excellent services to
include the Super Bowl watched by many on a grand screen TV as well as honoring one of South
Miami's favorite sons, Andre Dawson.
In a continued effort to improve efficiencies, the issuance and processing of Business Tax
Receipts (BTR's) formerly known as Occupational licenses, lien searches, valet and outdoor
seating permits were moved from the Finance Department and placed under Code Enforcement.
The expected improved efficiencies include a reduction of processing time for new applicants
and renewals, increased BTR enforcement and compliance thus an increase in revenues.
I would also like to thank Mr. Thomas Vageline, outgoing Planning and Zoning Director, for his
excellent work and tireless effort in assisting in the transformation of our zoning code towards
one that is in conformity with the desire of the citizens. The City's Planning and Zoning
Department improved under his leadership and we wish hire well in his new employment as the
Director of Community Development for the City of Hallandale. During the absence of a
director.I am appointing Lourdes Cabrera -Hem as the acting director until such time as a new
director is approved and hired.
The City is in receipt of a request for letter of interest regarding technical assistance for
Sustainable Communities Building Blocks which is due on February 23, 2011. 1 submitted an
email with attachments to each of the Commission for their input. Staff is recommending tool #2
Parking Audit and tool # 6 Using Smart Growth to Produce Fiscal and Economic Health. We
City Manager's Report to Commission; February 15, 2011
vi. Finance submitted to the Florida Department of Environmental Protection a
reimbursement package of approximately $620,000 which represents long
outstanding reimbursable balance, bringing our grants management up to
date.
c. Central Services:
Lobbying Services: A total of three (3) proposal submittals were received by
the closing date and time of this past Friday, February 11`i', 2011, at 10:00
AM. The proposals will be reviewed during the following week and a firm
will be recommended during the next Commission Meeting March ls` 2011
—just in time for commencement of the next Legislative Session.
ii. EAR 2012 Planning Consultant: A total of eight (8) proposal submittals
were received by the closing date and time of this past Friday, February 11 `h
2011, at 10:00 AM. The proposals will be reviewed during the following
week and a firm will be recommended, if at all possible, by next Commission
Meeting, March 1", 2011.
Towing Services: An initial draft of the RFP was completed and sent to
Police for their review and approval. Please note that this RFP is governed
by the Towing Ordinance which, in turn, is currently under review by the
City Attorney and may be subject to amendment.
iv. Tennis Court Operation: Parks provided a copy of the prior contract as a
starting point for developing the scope of work and qualifications and, once a
draft is available, it will be sent to both Parks and the City Attorney for their
review and approval.
Landscaping: A detailed scope of work and a map reflecting those areas to
be serviced was requested of Parks and Public Works and, upon receipt of the
same, a draft will be sent to both departments and the City Attorney for their
review and approval.
vi. Debt Collection Services: Research resumed for a debt collection service the
City can utilize. Once all necessary documentation is provided, the firm and
its supporting information will be brought before Commission for its review
and approval.
vii. Parking Services: The manager, as specified in a previous Commission
meeting will meet with the recommended vendor and a contract negotiated
for Commission approval.
viii. Red Light Cam_erta We are following for a possible piggyback off another
municipality's contract and we are going to include "Most Favored Nation"
language which would assure the City receiving the most competitive pricing
the vendor may ever offer for this system. We are also going to have an
internal meeting to assure we're all on the same page concerning these
particulars and the City's needs.
City Manager's Report to Commission; February 15, 2011
controlled telephone call was made. The sisters were called by their older
sister of 24 years of age, who was coached in what to say because the two
juveniles refused and had no intentions on returning home. The juveniles
were convinced to meet with the older sister for lunch. G.I.U. detectives
responded posing as friends of the family. After coaching and counseling,
both young girls agreed to return home to their grief stricken father. The
girls were taken home fifteen hours after their disappearance.
Code Enforcement:
i. Special Magistrate: Began process to appoint or re- appoint a Special
Magistrate. Current agreement expired in January 2011.
ii. Conducted the investigation of the sequence of events leading to an
unpermitted, unscheduled King Mango Strut parade down Sunset Drive
during the permitted Volksblast Annual VW Auto Show. Final
disposition of the report is pending review by the Chief of Police.
iii. Reviewed the Rotary Arts & Craft Festival application along with the
Special Events coordinator.
iv. Actively working to resolve identified right of way violations by utility
companies. Proceeding to per /Diem fines.
v. Continuously working on graffiti. No Change.
vi. Code Enforcement with IDC's assistance is working on developing and
implementing and E- recording process for the City's Liens. Pending
agreement revisions.
vii. The CE Manager was interviewed by Channel 4's Gregg Nelson to report
on blighted homes in relation to the "Broken Window" project. The
interview was aired on Friday, February 11, 2011, at 6pm.
viii. Met with the Farmer's Market organizers to review and ensure compliance
with their contract.
e. Human Resources:
i. The Grants & Sustainable Initiatives Administrator was appointed;
Jennifer Korth brings to us the talent and dedication which we were
looking for in order to revitalize and improve our grants admunistration as
well as liaison with other agencies and our City's Green Task Force on
sustainable initiatives.
ii. Police /Public Service Aide, Reserve Officer, and Communications
Officer: The South Miami Police Department brought on board one full
City Manager's Report to Commission; February 15, 2011 7
V. Every Wednesday, Thursday, and Friday - seniors are taken to grocery
stores and retailers for their weekly shopping.
vi. Every weekday - seniors participate in board games, cards, dominoes, and
exercise at the Senior Center 8:30 -1:30.
vii: Monday and Thursday - Social Worker comes to teach Arts & Crafts from
1:00pm — 3:00pm
viii. Every Monday, Tuesdays and Thursdays exercise classes 10:15 -11:00
ix. Monday and Wednesday English classes 9:30- 11:30am
X. Tuesday and Thursday Spanish classes 9:30 — 11:30am
xi. Monday thru Thursday Computer classes 12:15- 2:30pm (Community
Center)
xii. Monday and Thursday Art class 1:00- 3:00pm
xiii. Friday Citizenship Class 9:00 — 2:00pm
xiv. Last Wednesday of every month seniors go to Helen Bentley for Breakfast
Parks Landscape Division:
a. All parks are on schedule with general maintenance
b. "Invasive clean up" work day at All Veteran's Park on Saturday, February
26, 2011.
c. Dante Fascell Park FRDAP Grant — renovations of the restrooms to
being in mid - February.
Special Events:
February 24, 2011 — State of the City Address — South Miami/Coral Gables
Elks Club 6:00 P.M. — 9:00 P.M.
February 26, 2011 — Work day — All Veteran's Park — "Invasive Clean up
Day."
February 26, 2011 — South Miami Rotajy — Arts & Craft Festival — 10:00 a.m.
— 6:00 p.m.
February 27, 2011 — Animal Services — Mobley Bldg. — 7:00 a.m. — 7:00 p.m.
ii. Dog Park: No change
City Manager's Report to Commission; February 15, 2011
City Manager's Report to Commissioners
Public Works Attachment A
i. Repaired lights at the CAA Headstart building.
ii. Began a project involving the cleaning, sanding and painting of litter waste
receptacles.
iii. Repair water fountain at Police Department by contractor.
iv. Met with electrical contractor for estimate at CAA building.
V. Assisted carpet contractor in the installation of carpet at Police Department's
Major's office.
vi. Cleaned the fish pond and fed the fish at City Hall.
vii. Repair outside flag at City Hall.
viii. Repair wall at Commission Chambers, damaged due to electrical upgrades.
ix. Repair wall at Building and Zoning department and installed two base boards.
X. Replaced damaged ceiling tiles at the Commission Chambers.
xi. Repair hole at Commission Chambers dais, due to replacement of a panic
button.
xii. Met with energy audit representative reference A/C at City Hall.
xiii. Installed new water fountain at City Hall.
xiv. Began project involving the re- keying of Police Department's doors.
xv. Installed computer key board at City Hall Human Resources department.
xvi. Installed 3 toilet paper holders at CAA men's and women's bathroom.
xvii. Began improvements at the CAA Headstart Center involving electrical,
plumbing, painting, and light replacement.
xviii. Supervised installation of new water pump at the fish pond.
xix. Cleaned and painted hand rails by Police Department back door.
xx. Met with plumbing company for estimate at the CAA building.
xxi. Install floor tile underneath refrigerator at the CAA building.
xxii. Repair main entrance door at Public Works office.
xxiii. Troubleshoot electrical problem with Laser printer at Public Works office.
xxiv. Serviced / repaired 28 vehicles and heavy equipment at the Motor Pool.
xxv. Picked up 1 excess trash pile.
xxvi. Delivered 6 new garbage containers to residents.
xxvii. Filled (23) crane trash holes
xxviii. Performed pick up of garbage and trash routes.
xxix. Performed daily power street sweeping.
xxx. Performed daily cleaned up & watered pots downtown.
xxxi. Pressure cleaned sidewalks downtown on Wednesday's.
xxxii. Dumped litter cans throughout the City three times a week.
xxxiii. Filled 29 pot holes
xxxiv. Inspected 556 storm drains as per NPDES MS -4 permit.
xxxv. Processed three permits for work in the right -of -way.
xxxvi. Repaired bricks at Dorn Avenue after the removal of old parking meters.
xxxvii. Trimmed trees in the areas of 59 Place, (10) trees in the Parking Area in front
of the Police Station, (6) trees in the areas of SW 64th Street, (1) next to meter
pay station in front of SW 58 and 72nd Street.
xxxviii. Began planting of Gold Mound plants in the decorative pots downtown.
xxxix. Pressured cleaned City Hall entrance and sidewalks near City Clerk's office.
A. Began landscaping and drainage project at Central Service walkway.
City Manager's Repoli: to Commission; February 15, 2011
I1
Electrical Equipment Recycling: EQ Florida's (The Environmental Quality Company)
has submitted a proposal letter to the City of South Miami offering the same services
and pricing presently provided to Miami Dade County.The Public Works department is
presently reviewing the proposal and finalizing the logistics before presenting to
purchasing and the City Manager for consideration.
Pump Station 177: Milian, Swain & Associates, Inc. has submitted construction
documents to the City of South Miami Building Department for review and approval.
Shops at Sunset Place/ SW 57th Court: Sent notification /inquiry to Shops at Sunset
Place regarding construction work at the entrance of the Shops, as per permit number.
10- 10000031. Received revised drawings for proposed changes to entrance work.