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1aBT a1 1 City of South Miami 2 Regular City Commission Minutes 3 May 26, 2011 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Thursday, May 26, 2011, beginning at 7:12 9 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, and Walter A. Harris. Commissioner 15 Brian D. Beasley was absent. 16 17 Also in attendance were: City Attorney Thomas F. Pepe, 18 Deputy City Clerk Nkenga Payne and City Manager Hector Mirabile. 19 20 B. Moment of Silence: By Commissioner Harris 21 22 C. Pledge of Allegiance: 23 The Pledge of Allegiance was recited in unison. 24 25 D. Presentations(s) 26 27 Outstanding Officer(s) of the Month 28 29 Detectives Edgardo Bartra and Junior Vijil received the 30 awards. 31 32 Employee of the Month 33 34 A Certificate of Appreciation was presented to Rudy de la 35 Torre who retired after being with the City of South Miami for 36 over 15 years, serving in various capacities in the Public Works 37 Department. 38 39 US Pedestrian Study 40 41 Ramon Sierra, with the Florida Department of Transportation 42 presented the results of the Pedestrian Mobility Study. 43 44 Public Works Month Proclamation Presentation 45 46 Ludlam Elementary Earth Day Art Exhibitors Presentation CITY COMMISSION MINUTES 1 May 26, 2011 t- 1 Stroke Awareness Month Proclamation 2 3 Civility Month Proclamation 4 5 6 ITEM (S) FOR THE COMMISSION'S CONSIDERATION: 7 8 1. Approval of Minutes 9 10 Minutes of May 3, 2011 (Special) 11 12 Moved by Mayor Stoddard, seconded by Commissioner Beasley, 13 the motion to approve the minutes of May 3 2011 passed by a 4 -0 14 vote: 15 16 Commissioner Palmer: Yea 17 Vice Mayor Newman: Yea 18 Commissioner Beasley: Absent 19 Commissioner Harris: Yea 20 Mayor Stoddard: Yea 21 22 Minutes of May 3, 2011 23 24 Moved by Mayor Stoddard, seconded by Commissioner Beasley, 25 the motion to approve the minutes of May 3, 2011 as amended 26 passed by a 4 -0 vote: 27 28 Commissioner Palmer: Yea 29 Vice Mayor Newman: Yea 30 Commissioner Beasley: Absent 31 Commissioner Harris: Yea 32 Mayor Stoddard: Yea 33 34 35 2. City Manager's Report (25 minutes) 36 37 (See attached report) 38 39 With some further comments the City Manager's Report ended. 40 41 3. City Attorney's Report 42 43 Attorney- Client Session (8:00 p.m.) 44 45 With some further comments, the City Attorney's Report 46 ended. CITY COMMISSION MINUTES 2 May 26, 2011 MT29 1 PUBLIC REMARKS 2 (5 minutes) 3 4 Fred Truby addressed the Commission with concerns regarding 5 the South Miami Hospital plans for its emergency room expansion, 6 adding that the Hospital has a history of treating its neighbors 7 abusively. 8 9 James Campo spoke with concerns about the recent incidents 10 relating to the halfway homes located in his neighborhood. 11 12 Bob Welsh spoke about emails that have been circulating 13 recently. He then referred to the provisions in the Code 14 regarding nuisance, questioning whether the hospital may have 15 designed a drop -off area for the ambulances that will become a 16 nuisance. 17 18 Beth Schwartz referred to the two unsafe houses on 62nd 19 Court, saying with concern that she understands that there is no 20 funding for one of those houses to be demolished, requesting for 21 the needed funds so that both houses could be demolished for the 22 safety of the neighborhood. She then referred to the west side 23 of 62nd Avenue, just north of 64th Street, where the brick wall 24 is broken on many places. (Dr. Mirabile said that Code 25 Enforcement will be looking into it). 26 27 Marice Chael addressed the Commission regarding the bike - 28 friendly city petition, saying that they have collected nearly 29 500 signatures, and that they now have a Facebook page where 30 they are taking signatures online. She said that there is no 31 cost involved when enrolling in the bike - friendly city program. 32 33 Sharon McCain spoke highly of the job performance of Rudy 34 de la Torre throughout the years that he worked in the Public 35 Works Department, saying that she will be missing him. As 36 president of the N &M Townhouse Association, Ms. McCain asked the 37 Commission for a $1,600 waiver for a permit they had to pull to 38 remove some invasive trees affecting the property. She then 39 spoke against the item on the agenda relating to a request for 40 waiving fees. 41 42 With no further speakers this section was closed. 43 44 4. Commission Reports, Discussion & Remarks (25 minutes) 45 46 Commissioner Harris CITY COMMISSION MINUTES 3 May 26, 2011 llaTt- 1 • Thanked Rudy de la Torre for his fine performance 2 through all of his years with the City, saying among 3 other things that he will be missed; 4 • Reminded about the free movie night provided at the 5 Community Center on the last Saturday of every month; 6 • Shared ideas to encourage people to use their 7 bicycles, such as restaurants giving a discount to 8 patrons coming by bicycle; 9 • Urged the Commission to finish filling vacancies for 10 the ERPB board; 11 • Referred to the conference he recently attended in 12 Palm Beach where he learned of the Energy Systems 13 Group which could do a total energy efficiency 14 analysis of our buildings at no cost; he then 15 recommended inviting said Group to speak to the 16 Commission. 17 18 Mayor Stoddard: 19 • Referred to the pool project, with the City Manager 20 and the Commission interjecting with comments; the 21 Mayor then asked staff to inform the Commission as 22 soon as possible about how much it would the cost for 23 the City to go with a 30K or a 60K performance bond - 24 and if that were a reasonable number I would ask the 25 Commission to move forward with the project, he added; 26 • At this juncture the City Manager recommended 27 continuing with the discussion of the pool at another 28 meeting in order to give him directions on how to 29 proceed. 30 31 UNFINISHED BUSINESS ICY: 33 ORDINANCE (S) FIRST READING giI 35 5. An Ordinance of the Mayor and City Commission of the 36 City of South Miami, Florida, amending the Land 37 Development Code by deleting Section 20- 3.1(E) 38 entitled "Business Outside a Building ", inserting new 39 Section 20 -3.6 (V) to be entitled "Commercial Activity 40 Conducted Outside of a Building" in order to provide 41 regulations for allowing for outside merchandise 42 display on private property and public sidewalks; 43 establishing limitations on type, location and extent 44 of outside merchandise display; providing a process 45 for obtaining permits; and providing for exceptions CITY COMMISSION MINUTES 4 May 26, 2011 1 for certain permitted uses; providing for 2 severability; providing for ordinances in conflict; 3 and providing an effective date. 5/5 4 (City Manager- Planning Dept.) 5 6 Moved by Mayor Stoddard, seconded by Commissioner Palmer to 7 defer this item, the motion passed by a 4 -0 vote: 8 9 Commissioner Palmer: Yea 10 Vice Mayor Newman: Yea 11 Commissioner Beasley: Absent 12 Commissioner Harris: Yea 13 Mayor Stoddard: Yea 14 15 �. i • : -, 14.1.1 17 18 At this time items no. 9 and no. 10 were pulled from the 19 agenda (now items no. 10 and no. 11 respectively). 20 21 22 BEGINNING OF CONSENT 25 77 -11 -13391 26 6. A Resolution of the Mayor and City Commission of the 27 City of South Miami, Florida, relating to Special 28 Magistrate Services; appointing Bruce A. Blitman, 29 Esquire, as Special Magistrate for the City of South 30 Miami at the rate of $100 per hour; authorizing 31 expenses to be charged to account #001 -1640- 524 -3111 32 entitled "Code Enforcement Professional Services 33 Special Magistrate account; and providing an effective 34 date. 3/5 35 (City Manager - Code Enforcement) 36 37 78 -11 -13392 38 7. A Resolution of the Mayor and City Commission of the 39 City of South Miami, Florida, authorizing the City 40 Manager to execute an Interlocal Agreement to perform 41 Traffic Engineering Functions (AGREEMENT) between the 42 City of South Miami (CITY) and Miami -Dade County 43 (COUNTY) , to assume the installation and maintenance 44 responsibilities of three speed tables located within CITY COMMISSION MINUTES 5 May 26, 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 36 37 38 39 40 41 42 43 44 BT29n the Pinecrest Villas Neighborhood; providing for an effective date. 3/5 (City Manager - Public Works Dept.) 79 -11 -13393 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing a transfer of $8,220.00 from account number 001- 1330 -513 -1210, Salaries, to account number 001- 1330 -513 -3450, Contractual Services for $5,120.00 and to account number 001 - 1330 - 513 -5210, Supplies for $3,100.00; providing an effective date. 3/5 (City Manager -Human Resources Dept.) 80 -11 -13394 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Michael Lax as the Assistant City Attorney; providing for an effective date. 3/5 (City Attorney) Moved by Commissioner Palmer, seconded by Mayor Stoddard, the motion to approve the Consent Agenda passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea r • - - 61,,N�"iI RESOLUTION(S) 81 -11 -13395 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to permit Team FootWorks Educational and Fitness Corporation, a non - for - profit organization to hold its' 23rd Annual Twilight 5K Run event on June 5, 2011, in the downtown South Miami area; providing for an effective date. 3/5 (City Manager -Parks & Recreation Dept.) CITY COMMISSION MINUTES May 26, 2011 0 71laTt- 1 Moved by Commissioner Palmer, seconded by Mayor Stoddard to 2 approve this item. 3 4 Vice Mayor Newman asked staff whether the fee for this 5 organization had been waived in the past. Mr. de la Torre 6 informed that last year was the first time when the fee was 7 waived. 8 9 After a discussion among the Commission and staff about the 10 request for waiving the fees, the Vice Mayor proposed an 11 amendment. 12 13 Moved by Vice Mayor Newman to amend the resolution by 14 deleting Section 2 providing for waiving the $10,000 fee. 15 Seconded by Commissioner Harris. 16 17 Staff provided further clarification regarding the fees and 18 also the cost of services provided by the Police and Public 19 Works departments. 20 21 With some further comments, the motion to approve this item 22 as amended passed by a 4 -0 vote: 23 24 Commissioner Palmer: Yea 25 Vice Mayor Newman: Yea 26 Commissioner Beasley: Absent 27 Commissioner Harris: Yea 28 Mayor Stoddard: Yea 29 30 82 -11 -13396 31 11. A Resolution of the Mayor and City Commission of the 32 City of South Miami, Florida, directing the Finance 33 Director to pay Luis Reiter, with the firm of Squire 34 Sanders and Dempsy LLP the sum of $ 8,677.28 for 35 services rendered for the month of April 2011; and 36 providing an effective date. 3/5 37 (City Attorney) 38 39 Moved by Commissioner Palmer, seconded by Commissioner 40 Harris to approve this item. 41 42 Commissioner Harris requested information regarding the 43 accomplishments of the firm since they were hired last year by 44 the Commission. 45 46 Mayor Stoddard said that their job was to negotiate with 47 the SEC and the IRS to get the City out of trouble, and that CITY COMMISSION MINUTES 7 May 26, 2011 71, Iris I Tili [t-1 1 they have been negotiating with the IRS to come up with a 2 solution that is reasonable and advantageous to us. 3 4 With some further comments, the motion to approve this item 5 passed by a 4 -0 vote: 6 7 Commissioner Palmer: Yea 8 Vice Mayor Newman: Yea 9 Commissioner Beasley: Absent 10 Commissioner Harris: Yea 11 Mayor Stoddard: Yea 12 13 14 83 -11 -13397 15 12. A Resolution of the Mayor and City Commission of the 16 City of South Miami, Florida, authorizing the City 17 Manager to enter into a settlement with the Internal 18 Revenue Service concerning certain parking garage 19 indebtedness involving payment of a settlement amount 20 and defeasance and redemption, as applicable, of a 21 portion of said indebtedness, and to execute a 22 settlement agreement; authorizing the City's financial 23 advisor to request proposals from banks for a loan to 24 finance such defeasance and redemption and payment of 25 the settlement amount; and authorizing necessary 26 actions for implementation of these matters. 3/5 27 (City Manager) 28 29 Moved by Commissioner Palmer, seconded by Mayor Stoddard to 30 approve this item. 31 32 Mr. Pepe said that he believes that Mark Richman Properties 33 will be required to share the costs, at least to the extent of 34 the repayment of the bonds. 35 36 Dr. Mirabile advised that the blank line under Section 1 37 would have to be filled in with the amount of $325,000, 38 constituting the threshold for the City Manager to negotiate, 39 provided that it is approved by the Commission. 40 41 With no further comments, the motion to approve this item 42 as amended as per the advice of the City Manager to fill in the 43 blank under Section 1 with the amount of $325,000 passed by a 4- 44 0 vote: 45 46 Commissioner Palmer: Yea 47 Vice Mayor Newman: Yea CITY COMMISSION MINUTES 8 May 26, 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 36 37 38 39 40 41 42 43 44 Commissioner Beasley Commissioner Harris: Mayor Stoddard: pnq Absent Yea Yea ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) RESOLUTION (S) PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 13. An Ordinance of the City of South Miami, Florida, amending Section 15 -63 of the Code of Ordinances of the City of South Miami, Florida regarding mobile street sales restrictions by clarifying the prohibition against sales during a special event, such as an exhibition, exposition, art show and /or festival; providing for severability, ordinance in conflict, and an effective date. 3/5 (City Manager -Code Enforcement) Moved by Commissioner Palmer, seconded by Mayor Stoddard to approve this item. Dr. Mirabile clarified that special events will be exempted. With some further comments, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea 14. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget; authorizing an increase of appropriations to accounts 111 -1730- 541 -3450 (Stormwater Drain Trust Fund CITY COMMISSION MINUTES May 26, 2011 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Contractual Services) in the amount of $22,595, and 111 -1730- 541 -7100 (Stormwater Drain Trust Fund Debt - Principal) in the amount of $27,036and 111- 1730 -541- 7200 (Stormwater Drain Trust Fund Debt- Interest) in the amount of $4,034 and 111 -1730- 541 -5205 (Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance, providing for severability, ordinances in conflict and an effective date. 3/5 (City Manager - Public Works Dept.) Moved by Commissioner Palmer, seconded by Vice Mayor Newman to approve this item. With no further comments, the motion to approve this item passed by a 4 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Absent Commissioner Harris: Yea Mayor Stoddard: Yea Mayor Stoddard • Directed the City Clerk to work on scheduling three items that will require workshops and /or COWS in the near future: 1) South Miami Park /YMCA Lease; 2) Welcome to South Miami Signs; and 3) a COW on the PACE Districts; • Asked the City Manager about the status on the 74th Street closure; • Went over the proper procedure by Robert's Rules for calling the question which would mean to end debate, and that will require a two - thirds majority vote; • Visited an amazing affordable housing project in Opa- Locka recently; Ann Manning, formerly with Habitat for Humanity is now involved with these projects, and they are interested in working with our CRA, and if anybody would like a tour it can be arranged. Commissioner Palmer • Spoke highly of Rudy de his tenure with the Department, saying among missed; • Referred to the annual been celebrated every ye CITY COMMISSION MINUTES May 26, 2011 10 la Torre's performance during City in the Public Works other things that he will be Public Works picnic which has ar where families get together 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Mf for a day of fun; she regretted that t is year it a been reduced to a simple lunch and that she missed participating in it and hopes to get back to the tradition next year; • Spoke of the need to fill vacancies on the Affordable Housing Committee, urging everyone to join this or any other board; she then thanked everyone who serves on a board or committee. There being no further business to come before this Body, the meeting adjourned at 10:46 p.m. Attest Maria M. Menendez City Clerk CITY COMMISSION MINUTES May 26, 2011 11 Approved Philip K. Stoddard Mayor r �N CITY OF SOUTH MIAMI OFFICE MEMORANDUM To: Honorable Mayor and City Commission Date: May 26, 2011 From: Hector Mirabile, Ph.D., City Manager Re: Manager's Report The following is my report for the commission meeting of May 26, 201 L The City began its FY 2012 Budget process which includes a risk analysis of the City's exposure to internal and external factors. This risk analysis is limited in scope in that it does not include all active legal cases against the City. The following risk synopsis is provided to the Commission as information as we proceed through the remainder of the budget cycle: The City is currently in negotiations with the IRS and expects reaching a settlement before September 2011. However, there are a few other outstanding issues in relation to the refinancing of the FLMC 2002a & 2006 Bonds and the SunTrust loan. Please find below the details of the issues: a. The City is not in negotiations or discussions with the SEC at this time, which also has the administrative powers to impose fines, penalties and interest. The City's strategy is to complete the negotiations with the IRS and then proceed with the negotiations with the SEC. b. The Florida League of City may request the City to reimburse the League for any out of pocket expenses, which were incurred due to the required refinancing of the bonds. The Florida League of Cities acquired the services of the Law Firm Holland & Knight to help guide them through the negotiation process with the IRS and possibly the SEC. c. The refinancing of the Bonds is being calculated with certain assumptions which may or may not be accurate. No one can provide with any certainty what banks will be submitting as the interest rate or term until the competitive bid process is complete. d. Mark Richmond Properties (MRP) currently contributes 83.36% towards the principal and interest of the 2002a and 2006 bond series. Furthermore, MRP also provides 70% reimbursement for the principal and interest payments of the SunTrust 1 million - dollar loan. The City and MRP will be impacted by the change in interest rate and term of the loan. 2. Pension continues being an issue nationwide as well as to our City. Currently the City is in the beginning stages of negotiations with the labor unions. Until the negotiations are finalized, certain payroll and fringe benefit calculations will remain estimates. Health Insurance benefit costs continue being an issue. As mentioned, the City is in the beginning stages of labor negotiations with the unions. Last year the City incurred a 14% increase from the FY 10 policy amount. Increased health insurance policy costs continue being a nationwide trend and until the City is able to modify the plan design through negotiations, obtains competitive bid proposals, and an agreement with the carrier is executed, the City will not be able to make reasonable savings nor accurately determine the cost for health benefits. It should be noted that though not specifically stated in the Collective Bargaining Agreements (CBAs) the modification of the health plan does change the terms and conditions of employment by possibly reducing benefits or increasing the employee cost. Additionally, changes to federal laws requires an analysis of our current plan, which is grandfathered, versus the costs associated with moving away from the grandfather security when amending the plan. 4. Due to the present status of the national and local economy compounded by the situation in the Middle East, the price of the fuel is on an upward steady trend. At the present time the City is paying an average of 63% more per gallon on the fuel versus the original price estimated for the 2011 budget. Fuel was estimated at $2.25 per gallon versus the present cost of $3.67 per gallon. The $2.25 per gallon price was the average price being paid by the City for fuel at the time when the budget was prepared, increased by a conservative percentage. Finance with the assistance of Public Works will continue monitoring this situation closely and be, on the alert for any corrective action as might be needed. In the mean time, we are requiring that the usage of city vehicles be limited only to the essential activities. No city vehicle should be left running idle when not necessary (K -9 vehicle is an exemption); furthermore, all take home cars should be used strictly pursuant to policy which stipulates that the vehicles will NOT be for personal use. 5. The majority of the funds obtained for the Murray Park Pool Project were provided by Community Development Block Grant (CDBG) funds. As of May 23, 2011, the City received $191,550 in reimbursement from Miami -Dade County for the first design produced by the engineering firm of C3TS. Assuming the City does not build the pool, hence the City not meeting the national objective of the project, the City may be required to reimburse the Federal Housing & Urban Development Agency (HUD) the $191,550. Additionally, since the project would be identified as a failed the City's ability to receive future CDBG money would be greatly compromised. The City and Swim Gym, the second option pool operator, are at an impasse with regards to the $60 -$30 thousand bond or escrow they would be required to obtain or deposit. I requested guidance but did not receive a majority clear guidance from the Commission. I am therefore requesting that the Commission discuss the situation today and provide me with guidance. Time is of the essence since the CDBG funding expires on December 31, 2011. 1. Accomplishment. a. New IT IDC successes: i. Re -built and installed 2 desktop systems ii. Re -built 4 laptops iii. Set up 4 machines for ongoing training for OneSolution. iv. Repaired 2 desktops and 2 UPS Systems. v. Migrated Public Works to CSMI domain. vi. Installed new OCR camera system for Police vii. Resolved 6 connectivity issues viii. Resolved 8 USA Software issues b. Finance: Finance continues working with Public Works GIS in an effort to have a complete and accurate list of properties for the stormwater billing. GIS is having issues with the current GIS computer workstation, hindering the process, however, Finance and Public works continues to try to work through the issues. Finance obtained a DRAFT of the CAFR and anticipates having the FINAL audit complete before May 25, 2010. iii. Finance completed a pension benefit analysis and will be working with GRS on impact statements related to such. iv. Finance and the City Manager continue meeting with department directors to discuss their respective budget worksheets. The Budget and Finance Committee met two weeks ago and each member will be obtaining a copy of the budget workbook once the City Manager made the preliminary adjustments with all departments. v. Finance and all City Departments continue training on the new OneSolution Financial System. Finance anticipates going live with the finance module in early July. vi. Finance completed all bank reconciliations for the month of April and the regular financial monthly report for the month of April is online. It can be viewed at http://wv,rw.soutlu-niamifl.gov/clieiitL'Plo Js/Monthly Fin Report APRIL F Yl l.pdf c. Grants and Sustainable Initiatives: i. Requested time extension from Florida Department of Transportation's grant for Sunset Drive - Phase IV; . ii. Requested a time extension from Miami Dade County, Department of Housing and Economic Development to extend CDBG SW 66h Street, Phase II; iii. Closed -out DEP's Florida Recreation and Development Assistance Program grant that upgraded Dante Fascell Park amenities — bathrooms, basketball court, ADA trail; iv. Attended Staff Working Group under the Amended and Restated Interlocal Agreement; v. Attended ThinkBike Workshop, where a team of Dutch bicycling experts worked with local transportation engineers, planners and bicycling advocates to develop biking in Miami; vi. Attended the Children's Trust SAMIS (Services and Activities Management Information Systems ) training. SAMIS is a web -based reporting system that aims to increase the efficiency of the information exchange between The Children's Trust and the funded Agencies; vii. Submitted photos, poster and summary of Earth Day activities to the Earth Day Network — Day of Conversation; viii. Applying for the Office of Community Oriented Policing Services (COPS)'s FY 2011 COPS Hiring Program (CHP) grant, which has just over $200 million for the hiring and rehiring of additional career law enforcement officers. d. Central Services: Murray Park Community Pool Operator RFP: Work towards finalization of the draft operations agreement is ongoing but it appears that the negotiation is at an impasse with Swim Aquatics not desiring to place a $60,000 nor $30,000 escrow or bonding the amount. I am requesting guidance from the Commission as to how the body desires to proceed since my previous inquiry provided me with no majority direction. ii. Purchasing Ordinance: The City Attorney conducted an initial review of the Purchasing Ordinance and has certain clarifications /revisions that he wants to incorporate and further review and discuss before bringing it before Commission for consideration and approval. iii. Public Works Solicitation Template: The City Attorney revised and approved an initial working template that is currently being applied to the first of solicitations to be issued for the several pending Public Works projects. iv. Auction of Surplus: The City continues working with PropertyRoom.com on coordinating the auctioning of the City vehicles and other tangible items approved for surplus. Central Services is actually coordinating with Public Works for obtaining the corresponding titles for the surplus vehicles and for the required coding and manifesting of the tangible surplus items which PropertyRoom.com will pick up and place on auction for the City. Once finalized, another Agenda Item will be brought before Commission for the approval for surplus of other additional tangible items. v. Tennis.Court Operator RFP: In the hope of further facilitating and expediting the RFP draft review and approval process, the aforementioned City Attorney approved solicitation template will be utilized for the issuance of this solicitation as well. Once the pertinent dates for the same are available, they will be provided to Commission. vi. Landscaping: Much like the Tennis Court Operator RFP, in the hope of further facilitating and expediting this RFP draft review and approval process, the aforementioned City Attorney approved solicitation template will also be utilized for the issuance of this solicitation as well. Once the pertinent dates for the same are available, they will be provided to Commission. vii. Towing Services RFP: No change pending a revised Towing Ordinance. e. Police: Uniform Patrol Division i. A total of 27 arrests: 9 felonies, 10 misdemeanors, 4 traffic and 4 warrants served; of those 27 arrests, 3 were narcotics related; ii. On Friday May 6th, 2011, Patrol units were dispatched to 7611 S W 67 Avenue in reference to a burglary in progress. The first responding unit arrived on the scene within a minute and was advised by the complainant of a suspicious vehicle parked in front of the residence. He further stated that he observed a male removing items from the residence and placing them into this vehicle. The subject had fled the area on foot prior to the unit's arrival and a BOLO was issued. Units saturated the area and spotted a subject matching the description. Upon the units attempting to make contact with the subject, he fled from them. A perimeter was quickly established and with the assistance of the South Miami K -9 unit, the subject was located and taken into custody; iii. The Patrol Division currently has a D.U.I. checkpoint scheduled for Friday, May 27, 2011. The checkpoint will be set up at the Fellowship Church of Miami, located at 6767 Sunset Drive. Criminal Investigation Division i. On Friday 05 -06 -11 (under Case # 1101583), Uniformed Patrol Officers and G.I.U. Detectives responded to a burglary in progress at a residence (7611 SW 67th Ave.). Witnesses on the scene advised Officers that the subject fled east bound from the location. A B.O.L.O. of the subject's description (white male wearing a white cut off sleeved shirt and blue jeans) was issued over the Kendall frequency. Detectives and Officers saturated the area in search of the subject. Sergeant Wagner - observed a subject matching the description of the B.O.L.O. walking south bound on SW 65th Place from SW 76h Terr. Sergeant Wagner called to the subject, who then dropped a bag he was carrying and fled, west bound through the various residential yards. A perimeter was then established. The subject was last seen in the rear of 6540 SW 76 Street, but was hiding and it was also unknown if he was armed. K -9 Bono was deployed by Officer Castro, who located the subject hiding underneath a tarp behind a shed. The subject (Enrique Suarez, D.O.B. 12/29/1974) was taken into custody and transported to S.M.P.D. from where the subject received a text message on his cell phone from his girlfriend, advising that she had the property. G.I.U. Detectives interviewed Suarez post Miranda warnings. The subject provided a verbal and written statement as to his involvement in the burglary. G.I.U. Detectives then contacted his girlfriend by telephone and allowed Suarez to talk her into cooperating by returning the stolen property. The subject's girlfriend returned the property and also wrote a written statement as to what had happened. Suarez was positively identified as the offender. Chief Martinez also spoke with Suarez and asked him if he committed any additional Burglaries in the area. The subject advised that he was a professional (in Burglaries) and that he in fact did. The subject fully cooperated and led G.T.U. and S.I.U. Detectives to seven additional locations (residences) where he committed burglaries, two were in South Miami, one was in Unincorporated Miami -Dade County and four were in the City of Miami. He provided dates, property taken, his M.O. and what he did with the property. He also provided narcotics intelligence to S.I.U. Detectives. Both Miami P.D. and Miami -Dade P.D. were contacted regarding their burglary cases. All police departments involved were able to successfully close their open burglary cases. Additionally, we were able to return our latest victim's property back to them. ii. On Monday 05 -09 -11 (under Case 91101.612), S.I.U. Detectives responded to a residence after receiving information that the residents were planting and growing marijuana. Upon the detectives' arrival at the residence, they observed two subjects sitting next to two live marijuana plants (7.44 grams) which were located on the north side of the residence's yard. A consent search of the residence revealed another 1.7ounces of processed marijuana, numerous baggies, $52.00 dollars, 4 digital scales and a Winchester shotgun with 4 slugs, 1 spent cartridge in the tube but with an empty chamber. One arrest was made. This subject is a convicted felon and was charged with Possession of a Firearm by a Convicted Felon, Felony Possession of Marijuana, Possession of Marijuana with Intent to Distribute and Possession of Drug Paraphernalia. A.T.F. was also contacted. The subject is possibly facing 15 years in a federal prison if found guilty. iii.On Friday 05- 13 -11, S.I.U. Detectives detached to D.E.A.'s H.I.D.T.A. concluded a two day operation. The operation consisted of surveillances, intelligence gathering and interviews. The results of the operation were as follows; the dismantling and the impounding of a Marijuana Grow House Laboratory, the seizure of 194 plants. The weight of the contraband has not been determined yet. However, it is estimated to weigh anywhere from 100 lbs. to 200 lbs. and has a street value of anywhere from $400,000.00 to $800,000.00. There were also three arrests made. All three subjects are facing federal charges of Cultivating Marijuana and Conspiracy /Possession of Marijuana with intent to Distribute. All three subjects are facing anywhere from 5 to 30 year prison sentences if found guilty. Parking Enforcement The Parking Enforcement Unit issued a total of 2,725 citations from the time period of May 1" thru May 16th. Total fine amount for these citations: $53,277.00. ii. There was 1 citation issued for trucks unlawfully parked or willfully obstructing traffic. Code Enforcement Division: i. The red fence in disrepair on 71 & 65 Avenue was re- inspected with the property owner; the property owner found that the fence is not salvageable and will therefore need to.be totally replaced. A two week extension to comply was requested and granted. ii. Resolved complaint regarding unsightly orange mesh fence on vacant property; property owner applied and obtained the permit for a construction fence. The permit was expedited and the fence was installed within two days. iii. A meeting between Dr. Mirabile, Chief of Police Martinez DeCastro, Acting P & 7 Director L. Cabrera and staff Marcus Lightfoot, and Carmen Baker, Code Enforcement Director and her staff Flector Rabi was convened to review and ensure, throughout all stages of the process, accountability , transparency, and efficiency of the Certificate of Use application process; the timeline to process was reduced from 2 — 4 weeks to 7 business days thereby improving efficiency performance measures and improved customer service delivery. iv. Code met with IT and began a long needed charting of departmental processes and work flows. The charting will result in increased performance efficiencies. v. Carmen Baker, Code Enforcement, and Keith Ng and Rudy DeLaTorre from Public Works met with AT &T to address on -going work without permits issues. The meeting resulted in the issuance of two $1,000.00 fines and the issuance of a formal letter to AT &T establishing clear protocols regarding work conducted on utilities within the city's boundaries. vi. The asbestos study report on the three (3) unsafe and unsecure CRA shotgun homes pending demolition reported that 2 of the 3 homes have asbestos. This project is thereby delayed as the removal of the asbestos increases the cost by at least $5,000.00. vii. Thirty (32) lien search requests were received and processed expeditiously. CE collected $2,940.00 for lien search requests. viii. Attended and participated during the CM's South Miami Hospital ER Construction Project Open meeting. ix. Responded to complaint regarding traffic cutting thru parking lot on 62'd and Sunset Drive. The chain to block the exit on to Manor Lane is re- instated. x. Coordinated and facilitated an intra departmental training for the newly hired City's Receptionist, Valencia Hill. This training was designed to address quality of service delivery to our citizens and business owners. xi. CE received and responded within 24 hrs. to 11 citizen complaints. xii. CE received, processed and issued 30 Business Tax Receipts (licenses) and collected $6,740.63 for the business tax. xiii. CE conducted 75 Business Tax Receipt/Certificate of Use Inspections. e. Human Resources: i. We are in the process of a complete overhaul of the filing system for inactive employees and general operational files within the Department. ii. We continued the process of conducting job analysis and position audits and concluded the first phase /interview process for CRA. Reviews will continue on a per department basis until completion. iii. We are still accepting applications for the Office Support position in the Human Resources Department. The position will close on May 20, 2011, and interviews will begin shortly thereafter. iv. We are selecting candidates for eight Summer Recreation Aides to work with the Parks & Recreation Department's Summer Program. The position closed on Monday, May 16, 2011. Interviews will begin soon. v. We are actively recruiting for the South Miami Police Department's Reserve Police Officer Program. Applications may be submitted to the Human Resources Office. Only Certified Officers are eligible for this position. Recruitment will continue until all available slots are filled. f. Public Works: See Attachment A. g. Parks and Recreation: See Attachment B. h. Planning and Zoning Department: i. EAR Consultant for 2012: On April 18, 2011 the Planning and Zoning Department received a signed contract from Henry ller. Land Development Code Amendments: The Planning and Zoning Department together with the Planning Board continued its program of updating the Code. iii. Planning Board: On Tuesday, May 10, 2011, the Planning Board held an advertised public hearing (quasi judicial) and is recommending approval for a special use application for the operation of a Buffalo Wild Wings Grill and Bar Restaurant at the Shops at Sunset Place. This item will be forwarded to the City Commission on June 7, 2011. iv. Environmental Review and Preservation Board (ERPB): On May 17, 2011, the second regular meeting Agenda of the month consisted of four items reviewed by the ERPB. One item was for a new construction project for the City National Bank of South FL, located at 6388 South Dixie Highway, (previous Thai restaurant occupied this existing one -story building painted green facing Dixie). On Tuesday, May 3, 2011 the ERPB meeting was cancelled due to lack of quorum. A full Board consists of nine (9) members who reside or work in the City, and which shall require that at least one member be from the landscape architecture profession. Currently, there are four (4) vacancies on the ERPB. 2 V. Historic Preservation Board: On Monday, April 25, 2011 the Historic Preservation Board meeting was cancelled due to lack of quorum. A full Board consists of nine (9) members who reside or work in the City. Currently, there are four (4) vacancies on the HPB. On April 4, 2011, the City Commission deferred amendments to historic preservation provisions in the Land Development Code and is now being forwarded to the Historic Preservation Board meeting on Monday, June 20, 2011 (tentative). On April 22, 2011, the Planning and Zoning Department received a letter, dated April 19, 2011 from Ruth Wiesen, Director, of The Thomas Armour Youth Ballet ( "TAYB "), requesting the withdrawal for historic designation of the property at 5818 SW 73 Street in downtown South Miami and that this building be removed from the list of consideration by the Historic Preservation Board. On Monday, May 23, 2011 the Historic Preservation Board motioned not to designate historic The Thomas Armour Youth Ballet ( "TAYB "), located at 5818 SW 73 Street in downtown South Miami. vi. Comprehensive Plan Amendments: On Tuesday, April 12, 2011 during an advertised workshop, the Department presented the status of text amendments and Future Land Use Map amendments (aka Large Scale Amendments) of the 2010 Amendment Cycle 2 process to the City Commission. As a result, five (5) of the items listed below were forwarded to the Local Planning Agency (LPA) on 4/26/11 and were then forwarded to the City Commission for first reading on May 3, 2011. At such time, three items were approved and two items were withdrawn by the City Commission. Resulting, in the five (5) items being forwarded to the Local Planning Agency (LPA). Clarification — Line Item 8 of Comprehensive Plan 2010 Cycle 2 Chart Prior to the Workshop held on April 12, 2011, the Planning Department inquired to the Department of Community Affairs (DCA) on the status of all of the Comprehensive Plan Amendments listed below. Due to further inquiry by the Planning Department to DCA an e -mail was sent on April 14, 2011 from DCA stating that Ordinance No. 43 -10 -2068 was found to be complete and filed by our agency on November 2, 2010 so no further action was necessary. Another e -mail was sent from DCA inquiring if the City of South Miami has an established future land use category named "Mixed Use Affordable Housing (Two Story)." The City's adopted EAR based amendments and adopted Future Land Use Map do not show this land use category which was adopted by Ordinance No. 43 -10- 2068 and submitted as a small scale amendment. Hence, the future land use category will be resubmitted as a large scale amendment (text and map amendments are large scale amendments). Once again, another confirmation that the item contains a text change was been received from DCA. On May 9th the Planning and Zoning Dept., received a letter, dated May 4, 2011, stating that the amendment package received on November 1, 2010 and adopted by Ordinance No. 43 -10 -2068 on October 19, 2010 fails to qualify as a small scale development amendment pursuant to Section 163.3187(1)(c), Florida Statues and to disregard the acknowledgement letter sent to us dated November 2, 1011. As a result, a large scale amendment (text change) was presented to the Local Planning Agency on Tuesday May 24 2011 and will be forwarded to the City Commission on June 14, 2011. Vii. Commission directives or issues: a. Pension: Research on our two pensions is conducted and we are obtaining actuarial analysis of potential recommended modifications. b. Parking reform: No change in status. c. Master Park Plan: No change in status. d. Welcome to South Miami signs: Requesting from the Commission for a COW or workshop so the design could be shown and other ideas explored. Post the design discussion an engineering firm would have to be hired and a cost analysis conducted. END OF MEMORANDUM City Manager's Report to Commissioners Public Works Attachment A i. Performed thorough cleanup of the fish pond and fed the fish at City Hall. ii. Serviced / repaired (23) vehicles and heavy equipment at the Motor Pool. iii. Delivered (4) new garbage containers to residents. iv. Filled (15) crane trash holes. V. Performed pick up of garbage and trash routes. vi. Performed daily power street sweeping, please note that two sweepers were used most of this time in order to keep up with the fallen leaves. vii. Performed daily clean up & watered pots downtown. viii. Pressure cleaned sidewalks downtown on Wednesday's. ix. Dumped litter cans throughout the City three times a week. X. Pruned trees at 61 Court SW 66th Street to SW 68th Street and 7 trees in different areas of the city. xi. Removed and delivered banners to Parks and Recreation Department. xii. Removed tree branches from trees on SW 72 "d Street from 63`d Avenue to 65 Avenue. xiii. Re- installed traffic sign at 72 "d Street SW 63`d Avenue. xiv. Picked up bus bench from 72 "d Street SW 58th Avenue NE corner and took it to JAM Welding for repairs. Re- installed bench. xv. Removed two (2) recycling containers from gas pump area at City Ball. xvi. Straightened signs on 57th Ave from SW 62 "d Avenue to 56th Street. xvii. Installed 25 MPH sign at 72nd Street SW 57`h Avenue. xviii. Picked up damaged light pole and crossing sign from the sidewalk at 7070 SW 59d' Place. xix. Picked up barricades from 5975 SW 58'h Avenue. xx. Grinned sidewalk at 7070 SW 59h Place. xxi. Installed sign post base at 72 "d Street SW 61" Court. xxii. Removed graffiti from electrical box in front of 5601 SW 64h Avenue. xxiii. Repaired two 25 miles per hour signs. xxiv. Installed traffic circle sign at 6300 SW 68h Street. xxv. Performed street light inspection. xxvi. Installed crosswalk sign at 72nd Street S W 61St Court. xxvii. Replace lights at Motor Pool. xxviii. Replace lights at Marshall Williamson Park. xxix. Met with electrical contractor to seek estimate for light covers at Marshall Williamson Park. xxx. Replaced light bulbs in CAA boys bathroom. xxxi. Assisted alarm contractor with Key Pad installation and codes at the Building Maintenance Bay. xxxii. Completed TV installation at the Motor Pool Assembly Room. xxxiii. Cut concrete down light pole at 72nd Street SW 615i Court. xxxiv. Changed A/C belt at the Commission Chamber xxxv. Human Resources office furniture move. xxxvi. Changed A/C filter rolls at the Police Department. xxxvii. Repaired 3 electrical boxes and outlets on 72 "d Street. xxxviii. Relocate time clock at City Hall. xxxix. Septic Tank project at City Hall. xl. Replace lights Central Services Engineering and Construction Division Sunset Drive Improvements Repairs: No changes since the last report Sunset Drive Improvements Repairs: Notice was sent to the contractors to proceed with the repair of concrete curbs and striping for all phases of the project. A completion schedule was requested by the PWD. SW 66th Street Improvements Phase 11: Applied for time extension of the project. The general conditions were approved and provided by the City Attorney. Preparing contract documents and initiating bidding process. Bid documents were forwarded to the County's CDBG for review and approval. ARRA Bus Shelter: Additional locations are being evaluated for future construction of bus shelters in accordance with the proposed budget. SW 64th Court Drainage: General conditions approved and provided by the City Attorney. The project was announced for public bidding. Pinecrest Villas: Public Works continues to receive survey responses, with 36% percent received thus far. Of the responses received, 83% are in favor of the speed tables. A second round of mail -out surveys were circulated to residents that did not responded. In lieu of the concurrence from the affected resident/property owners, the City may elect to have their commission vote on the proposed speed tables after a public hearing and may submit the resolution to the County's PWD for approval. Cocoplum Terrace: A conceptual plan of on street parking on SW 68th Street and SW 69th Street, just west of SW 62nd Avenue was submitted to MDC PWD for their review. We are waiting their reply for further instructions. Manor Lane: No changes since the last report. Mango Terrace: Miami -Dade County approved traffic devices proposed in the Study Report. Initiating design phase to include but limited to workshops for public participation and assigning a design consultant. Shops at Sunset Place/ SW 57th Court: The pit was properly filled with asphalt and the barricades removed. Roadway Resurfacing and Sidewalk Repairs: Bid documents were prepared and is being forwarded to Central Services and Finance Department for review and to initiate announcement for public bidding. City Hall Sewer Connection: Pending an exploratory site evaluation, a resolution for design consultant services will be prepared for Commission approval. City Manager's Report to Commissioners Parks and Recreation Attachment B i. Recreation: Track and Field — 28 participants ages 5 -15 years began competing. (Competition on Saturday, May 5, 201) The followinlz are team rankings and points: 3 Midget Division — Female Team Scores, 51h Place South Miami Grey Ghosts 30 Points; 3 Midget Division — Male Team Scores, 3`d Place South Miami Grey Ghosts 50 Points 4 Youth Division - Male Team Scores, 4th Place South Miami Grey Ghosts 38 Points 5 Intermediate Division -Male Team Score, 6th Place South Miami Grey Ghosts 10 Points 6 Young Division - Male Team Scores, 2 "d Place South Miami Grey Ghosts 47 Points 7 Primary Division — Female Team Scores, 61h Place South Miami Grey Ghosts 5 Points Male Team Scores -61h Place South Miami Grey Ghosts 151 Points The following are individual rankings: 3 Midget Division — Male 5Tn Place Jeremy Tooks, 20 Points 6 Young Division — Male -3`d Place William Reed, 18 Points -6th Place Eric Evans, 14 Points -8th Place Keir Moss, 11 Points 7 Primary Division Female 7 th Place Kanaria Cox, 5 Points ii. Recreation; Football and Cheerleading Registration -June 16 2011. Early Registration at the Gibson - Bethel Community Center with various activities, music and refreshments beginning at 5:00 p.m. — 7:00 p.m. Summer Camp Registration has began. Summer Camp runs from June 13 - August 19 2011. Cost $30.00 per week for South Miami Residents, and $75.00 per week for non- residents. Limited spaces available. Age groups: Kindergarten to 8th Grade. Partnership with South Miami Middle School by providing a location for the Girl's and Boy's Basketball Team to play in the indoors gymnasium against Centennial and Carver Middle School on 5/11 and 5/13/2011. B. Senior Center Calendar ACTIVITIES MAY 20II Date Time Activity May 1, 2011 5:30 m -9:00 m Spanish Play Field Trip May 6, 2011 10:00am -1:00 m Mother's Day Party May 7, 2011 9:OOam- 11:30am Mother's Day Breakfast at South Miami Senior Center May 13, 2011 11:OOam- 12:OOpm Diabetes Seminar May 17, 2011 9:OOam- 11:OOam Free Blood Pressure Testing May 20, 2011 9:00am -2:00 m Health Fair at South Miami Senior Center May 20, 2011 10:00am- 12:00 pm Free Massage May 25, 2011 10:30am- 11:30am Osteoporosis Seminar May 27, 2011 1:00pm -4:00 m Free Movies at Sunset Place Mall May 31, 2011 9:00am- 11:00am Free Blood Pressure Testing ➢ Every Monday, Wednesday and Friday- seniors get picked -up to walk at Dadeland Mall (DADELAND WALKERS — a walking club for senior citizens) 9:00- 10:30am. ➢ Everyday there is asocial worker on site from 9:00 am to 3:00 pm to consult with our seniors. ➢ Every Wednesday, Thursday, and Friday - seniors are taken to grocery stores and retailers for their weekly shopping. ➢ Every weekday - seniors participate in board games, cards, dominoes and exercise at the Senior Center 8:30 -1:30. ➢ Monday and Thursday - Social Worker comes to teach Arts & Crafts from 1:00pm — 3:00pm • Every Monday, Tuesdays and Thursdays exercise classes 10:15 -11:00 • Monday and Wednesday English classes 9:30- 11:30am • Tuesday and Thursday Spanish classes 9:30 — 11:30am • Monday thru Thursday Computer classes 12:15- 2:30pm (Community Center) • Monday and Thursday Art class 1:00- 3:00pm • Friday Citizenship Class 9:00 — 2:00pm • Last Wednesday of every month seniors go to Helen Bentley for Breakfast Parks Landscape Division: i. All parks are on schedule with general maintenance and repairs. Various park fields will be closing in a few months for repairs. Park location(s) and time will be announced prior to closing. ➢ Special Events: NEW THINGS HAPPENING AT THE PARKS: o Free Movie At the Park — "How to Train Your Dragon" at Murray Park — Gibson - Bethel Community Center — 5800 SW 66"' Street, on Saturday, May 27 2011 7:30 p.m. — 10:00 p.m. Sponsored by Providence Road Church Baptist Health South Florida the City of South Miami & the Parks & Recreation Department. o Families First - Baby and Me Classes — Has started on Tuesday mornings at the Gibson - Bethel Community Center at 10:00 a.m., for 10 week session. Ages Newborns to 6 month olds. Free of charge. For more information, please call the Parks & Recreation Department at 305- 668 -7232. iv. Dog Park: No change