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City of South Miami
Regular City Commission Minutes
August 2, 2011
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, August 2, 2011, beginning at 7:17
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission
Mayor Philip K. Stoddard, Vice Mayor Valerie
Commissioners, Brian D. Beasley and Walter
Commissioner Velma Palmer was absent.
were present:
Newman, and,
A. Harris.
Also in attendance were: Assistant City Attorney Michael H.
Lax, City Clerk Maria M.
Mirabile.
Menendez and City Manager Hector
B. Moment of Silence: Invocation was conducted by Commissioner
Harris.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Dr. Helen Blanch, School Board of Miami-Dade School
Dr. Blanch addressed the Commission with an overview of the
Academy for International Education Charter School. She also
distributed informational material and announced the upcoming
Open House at J.R.E. Lee on August 3 rd at 6:30 p.m.
With no further presentations this session was closed.
38 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
39
40 1. Approval of Minutes
41
42 Minutes of July 19 and July 26, 2011
43
CITY COMMISSION MINUTES
August 2, 2011
1
[])~~OO
1 Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the
2 motion to approve the minutes of July 19 and 26, 2011 passed by
3 a 4-0 vote:
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
2. City Manager's Report (25 minutes)
(See attached report)
Absent
Yea
Yea
Yea
Yea
With some further comments the City Manager's Report ended.
3. City Attorney's Report
Mr. Lax said that there was nothing to report at this time.
With no further comments, the City Attorney's Report ended.
PUBLIC REMARKS
(5 minutes)
John Edward Smith said to be really appreciative of finally
having French drain installed on 64 th Court.
Sharon
understand
loan. She
restaurants
it would be
McCain, among other things, said that she did not
why we are waiting until 2013 to pay back the bond
then pointed out the fact that there are no
along Sunset Drive on the west side of USI and that
a good idea.
Grey Read informed about an informational film that the
Green Task Force will be presenting on Wednesday, August 3 rd
during their regular meeting held at City Hall.
With no further speakers this session was closed.
4. Commission Reports, Discussion & Remarks (25 minutes)
• List of Priorities -Example (Mayor Stoddard)
Mayor Stoddard
CITY COMMISSION MINUTES
August 2, 2011 2
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• Spoke about exploring the possibility of working
with the YMCA and about the construction of a pool
in that facility;
• Also requested scheduling a workshop with the
Commission and the public to review the proposed
designs for the "Welcome to South Miami" signs by
John Edward Smith;
• He referred to Castle Madell and how the neighbors
unanimously oppose the project; Dr. Mirabile asked
for directions from the Commission as to how they
would like to proceed: the majority of the
Commission said that based on all the opposition
that we should decline on the offer; however,
Commissioner Beasley said that he would like to
explore some other alternative and the Commission
agreed to give him the opportunity to do so;
• The Mayor then went over some of the list of
priorities and the mission statement he had
prepared, inviting the rest of the Commission to
add to his document with their thoughts and ideas.
Commissioner Harris
• Encouraged everyone about attending Family Movie
Night which is held at the Community Center on
the last Saturday of every month;
• He then urged those listening to think about
starting a softball league in South Miami for
everyone, asking those interested to call the
Parks and Recreation Department;
• He also said that we should start thinking about
annexation in different areas of the City. Mayor
Stoddard recommended waiting until they can
present a stable budget.
Commissioner Beasley:
staff for all • Expressed deep appreciation towards
their efforts to reduce the millage
balanced budget;
and to have a
• He then pointed out that there
activities scheduled for Wednesday
time in the evening and recommended
the future;
• He also explained what the Second
offers.
CITY COMMISSION MINUTES
August 2, 2011 3
were too many
around the same
avoiding this in
Chance Program
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Vice Mayor Newman:
• Asked for the status on her question
ownership; Dr. Mirabile said that
results of the research shows that
that property.
about J.R.E. Lee
the preliminary
Miami-Dade owns
With no further comments this section was closed.
no.
At this time item no. 6 was pulled from the Consent (now
9)
BEGINNING OF CONSENT
122-11-13436
5. A Resolution appointing Eduardo
Historic Preservation Board for
August 1, 2013.
Ferro to serve on the
a two-year term ending
3/5
(Vice Mayor Newman)
123-11-13437
6. A Resolution relating to budget; authorizing a transfer
of $2,200.00 from account No. 001.1320.513.5210,
Central Services Supplies, settlements to account No.
001.1320.513.5205, Central Services Computer Equipment.
(Ci ty Manager-Finance Dept.) 3/5
124-11-13438
7. A Resolution authorizing a transfer of $3,600.00 from
account number 001-1620-524-3450, Contractual Services, to
account number, 001-1620-524-5205, Computers. 3/5
(City Manager-Planning & Zoning Dept.)
125-11-13439
8. A Resolution to elect and vote on the proposed traffic
flow modification pursuant to a public hearing, the
installation and maintenance responsibilities of three
speed tables located within the Pinecrest Villas
Neighborhood. 3/5
(City Manager-Public Works Dept.)
Moved by Commissioner Harris, seconded by Commissioner
Beasley, the motion to approve the Consent Agenda passed by a 4-
o vote:
CITY COMMISSION MINUTES
August 2, 2011
Commissioner Palmer:
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Absent
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Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
(END OF CONSENT)
RESOLUTION(S)
126-11-13440
Yea
Yea
Yea
Yea
9. A Resolution authorizing the City Manager to approve a
purchase in the amount of $8,233 for the . installation
of an irrigation system at Dison Park funded by the SNP
grant through Tropical Wells and Sprinkler. 3/5
(City Manager-Parks & Recreation Dept.)
Moved by Commissioner Harris, seconded by Commissioner
Beasley to approve this item.
The Commission proposed some changes to the resolution as
presented; however, Dr. Mirabile explained that the scope of
service for this park has been previously approved and cautioned
about making any modifications to the present plan.
With some further comments, the motion to approve this item
passed by a 4-0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Absent
Yea
Yea
Yea
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. An Ordinance of the Mayor and City Commission of the
Ci ty of South Miami, Florida authorizing a loan in a
principal amount not to exceed $7,900,000 to refund
certain of the City's outstanding indebtedness, to pay
the Internal Revenue Service
certain settlement agreements
and to pay the costs of
amounts owed pursuant to
and related costs thereof
issuance of such loan;
CITY COMMISSION MINUTES
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approving the form of a taxable revenue note, Series
2011 and loan agreement; authorizing certain officials
of the City to take any actions required and to enter
into any documents necessary for the prepayment of its
loans with SunTrust Bank and the Florida Municipal Loan
Council including, if necessary, executing on behalf of
the City one or more escrow deposit agreements; and
providing an effective date. 5/5
(City Manager-Finance Dept.)
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to defer this item to be considered at a Special
Meeting scheduled for Tuesday, August 9, 2011 at 7:30 p.m.
passed by a 4-0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Absent
Yea
Yea
Yea
Yea
RESOLUTION (5) PUBLIC HEARING (5)
(NONE)
ORDINANCE (5) FIRST READING
29 11. An Ordinance amending Chapter 13, License, creating
30 Article II, Section 13-31 titled "Use of City's Name"
31 and restricting the expressed or implied use of the
32 City of South Miami or its name by anyone for any
33 purpose. 3/5
34 (Vice Mayor Newman)
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36 Moved by Mayor Stoddard, seconded by Vice Mayor Newman to
37 approve this item.
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39 Mayor Stoddard recommended an amendment to split out
40 Section C of the ordinance into two parts.
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42 Mr. Lax explained that the proposed modification even
43 though it clarifies the intent it does changes the language;
44 therefore he recommended approving the ordinance as first
45 reading again.
CITY COMMISSION MINUTES
August 2, 2011 6
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Moved by Mayor Stoddard to amend Section C of the ordinance
for the purpose of clarification. Seconded by Vice Mayor Newman.
Upon the reading of the proposed amendment into the record,
the motion to approve this item as amended and as first reading
of the ordinance passed by a 4-0 vote:
Commissioner Palmer: Absent
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
12. An Ordinance amending Chapter 15B entitled "Parks and
Recreation" for the regulation of Special Events
including the establishment of requirements for public
hearings, providing a process for permitting, the
payment of fees for permits and associated costs,
requiring compliance with City laws, and providing for
penalties. 3/5
(City Manager-Parks & Recreation Dept.)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
Mayor Stoddard recommended the following changes to the
ordinance: on page 1, line 37, adding a space before the word
"syndicate"; line 38, striking an extra comma and an extra space
in front of the word "estate"; and, to change the word "sponsor"
to "presenter" throughout the ordinance.
With no further comments, the motion to approve this item
as amended passed by a 4-0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Absent
Yea
Yea
Yea
Yea
13. An Ordinance amending the Land Development Code by
deleting Section 20-3.1(E) entitled "Business Outside a
Building", inserting new Section 20-3.6 (V) to he
entitled "Commercial Activity Conducted Outside of a
Building" in order to provide regulations for allowing
CITY COMMISSION MINUTES
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for outside merchandise display on private property and
public sidewalks; establishing limitations on type,
loca tion and exten t of outside merchandise display;
providing a process for obtaining permi ts ; and
providing for exceptions for certain permitted uses.S/S
(Deferred 5/26/11; 6/14/11); (7/19/11)
(City Manager-Planning Dept.)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to defer this item.
Mayor Stoddard suggested some changes to the ordinance,
such as on page 3, lines 36-38 to change the word "automobile"
to "vehicle".
Mr. Brimo then recommended adding another letter in order
to include "bicycle, rental, sales and service", as a recognized
outside use. Mayor Stoddard concurred with Mr. Brimo's
recommendation.
With some further comments, the motion to defer this item
passed by a 4-0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Absent
Yea
Yea
Yea
Yea
There being no further business to come before this Body,
the meeting adjourned at 9:24 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
August 2,. 2011 8
Approved
Philip K. Stoddard
Mayor
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission
Date: August 2, 2011
From: Hector Mirabile, Ph.D., City Manager
Re: Manager's Report
As we move forward with the FY 2012 budget we continue reviewing for internal efficiencies and
external forces having a wide variety of possible impacts. Staff will be prepared to discuss the various
issues, provide recommendations, and receive input on the final stages of the budget development.
Regarding the Murray Park Pool project Miami Dade County did not grant the extension that we
requested stating that they are concerned with the ongoing delays and expects the City of South Miami
to complete the project in an expeditious manner. To further compound the situation they are requesting
that the City provide the Department of Housing and Urban Development (DHUD) with a series of
documents for their final review of the procurement process for the project (see the third letter from
Miami Dade County which is attached). Additionally, they are requesting a breakdown of the sources
and uses for all phases of the project and an updated timeline, detailed scope of work and budget to
include the total project cost, and the procurement process documents for the DesignlBuild. They desire
these documents by Monday, August 8, 2011. It should be pointed out that the City already furnished
the aforementioned information previously. Since Miami Dade County did not extend the CDBG grants
as requested it is the recommendation from staff to declare the project failed and reimburse the DHUD
the already expended dollars of $191,550.23. The rationale for requesting this declaration of the project
failing is that construction will not be completed in any substantive form before the grants expire. If
Miami Dade County does not extend the CDBG grants on December 2011, then the City would have a
partially completed pool which we would have to complete using our general fund dollars and also pay
back the County the dollars used from the grant up to date. This is a risk that staff feels should not be
taken. I should also point out that declaring the pool project a failure may have negatiye consequences
in our ability to receive future CDBG grants.
Lastl y, the Commission directed the city manager to engage an external auditor to conduct an
independent audit of the South Miami Municipal Parking Garage as it relates to the arrangements
between the City of South Miami and Mark Richman Properties, Inc. (MRP). Attached please find the
auditor's report. Our external auditors, Keefe, McCullough & Co., LLP did not identifY fmdings.
City Manager's Report to the Commission for Augnst 2, 2011
1. Accomplishment.
a. New IT IDC snccesses:
i. Helpdesk handled two after hour calls due to the following issues:
1. Mobile Data Server was down
2. Swap out of two laptops for Police Officers
ii. 16 laptops were rebuilt in preparation for the OneSolution Training. Installation of
operating system, updates, and installation of One Solution 10.21 version.
iii. Continue experiencing issues with USASoftware. Current open issues:
1. 11 tickets for missing reports ( some are still missing)
2. E-arrest-foITlls not working. (2nd report ticket to USA on this, 1 st report
ticket submitted 3 months ago.
3. Several open tickets with USASoftware pending resolution for various
issues.
iv. FDLE computer was down three times and discOIDlected from mobile data.
Contacted FDLE regarding these disconnects and FDLE acknowledges the
disconnections but can't see a reason for them. Also contacted USASoftware on this
but they claim no control on this coIDlection. Internal network issues were ruled out.
v. Rebuilt 4 D Series laptops for reserve officers.
vi. Sound System in Chambers: The Synmet in chambers behind the City Clerk lost
configuration. Eprom blew out and would not take programming. DVS was called
out to flash system.
vii. Granicus: An issue with Live Manager was discovered. When Live Manager opens,
it opens 4 windows within the program. These windows cannot be re-arranged while
the Live Meeting is tunning. Moving them causes the Live Meeting to crash and
then requires re-installation of the software. Granicus acknowledges this to be an
issue and is working on a solution.
viii. Handled resetting 3 user passwords on the network.
ix. The cabling in Public Works was reviewed. Cables were traced and marked. Cables
that were improperly terminated we corrected. The fuel pump station could not be
done as the connectors on the station of proprietary and require the vendor to work
on them.
x. Received and prepared 7 new laptops for SMPD.
City Manager's Report to the Commission for August 2,2011
Xl. New GIS system is on hold pending receipt of software that is required to be loaded.
There is a list of software that this machine requires as per S Kobola but the software
is not in the possession ofIT. S Kobola will be providing all disks and licenses to be
installed.
xii. Assisted SMPD with surveillance video that was grainy and required still shots.
Cleaned up video and obtained still shots and provided them to SMPO.
xiii. Upgraded 3 workstations to 10.21 version of OneSolution and installed Office 2007.
These workstations also work with Granicus.
xiv. Exchanged laptops for Commissioner Palmer due to her assigned computer having a
cracked screen.
b. Finance:
i. Finance continues updating and providing needed budget FY 12 revisions before the
August 10 budget workshop at 1 PM.
ii. Finance continues working with the City's legal team and financial advisor to
complete the IRS refinancing agreement. The second reading for the refinancing of
the required bonds is scheduled for August 9, 2011.
iii. Finance is in the final stages in working with Public Works GIS on the property
study, making sure that the stormwater billing calculations are complete and
accurate.
iv. Continue preparing financial models as needed for union negotiations, as requested
by the City Manager.
v. Finance continues working and meeting with the Budget and Finance Committee in
providing the requested information.
vi. All City Depaltments continue training on the new OneSolution Financial System.
Due to a required software update, the revised go-live date for OneSolution is
August 2011.
c. Grants and Sustainable Initiatives:
i. Applying for Miami-Dade County FY 2012 Community Development Block Grant
(COBG) funds for Public Service for the City of South Miami's After-School and
Summer Camp Program.
City Manager's Report to the Commission for August 2, 2011
ii. Applying for Miami-Dade County FY 2012 Community Development Block Grant
(CDBG) funds for Economic Development for the City of South Miami's Business
Incubator Program.
iii. Requested a reimbursement in the amount of$9,745.45 from Miami-Dade County
for Safe Neighborhood Parks grant used for Dison Park.
iv. Miami-Dade County, Department of Housing and Community Development, did not
grant an extension past December 3 J, 20 J 1 for the SW 66th Street Aquatic Center
funded by the Community Development Block Grant.
v. Miami-Dade County, Department of Housing and Community Development, did not
grant an extension past December 31, 2011 for the Murray Park Aquatic Center
funded by the Community Development Block Grant.
d. Central Services:
i. Murray Park Community Pool Operator RFP: No change since July 19th report.
ii. Purchasing Ordinance: No change since July 19th report.
iii. Landscaping RFP: The Landscaping RFP received two responses. The City is
currently reviewing the responses and will be providing a recommendation to the
City Manager.
iv. Towing Services RFP: No change since July J 9th report.
v. Insurance Broker RFP: No change since July 19th report.
vi. Central Services is currently soliciting two construction projects; the SW 66th Street
Improvements Projects Phase II and Citywide Road Resurfacing Project. The
mandatory pre-bid was conducted and the City is currently waiting for the bid
opening date.
Vll. Central Services is working with Windstream to install the new Telephone PRJ,
which will help reduce the cost of the City's telephone system.
e. Police:
i. On 07/25/2011 a Weed and Seed Enforcement Detail was conducted from 1000-
1400 hours netting 9 arrest, 9 Field Interviews, and 9 code enforcement violations.
This operation was conducted utilizing Weed and Seed funding.
City Manager's Report to the Commission for August 2, 2011
ii. On 07/27/2011 Operation-Slow Your Roll detail was conducted from 1600-0000
hours netting 2 arrests, 17 citations. This operation focuses on S. Dixie Hwy traffic
enforcement.
iii. During identified period the Patrol Unit made 3 Felony arrest, 8 misdemeanor
alTests,4 traffic arrest and 2 warrant arrests along with issuing 155 citations.
iv. During this period training was given to Sergeants and Acting Supervisors regarding
job description, responsibilities and expectations.
v. On Tuesday, 07-26-11 S.LU. Detectives arrested and charged an individual with
possession of controlled substances with intent to distribute, possession of Marijuana.
with Intent to distribute and possession of drug paraphernalia. Being held for
possible forfeiture is the subject's 2009 Nissan Maxima and the $720.00 in U.S.
currency.
vi. On Wednesday, 07-27-11 S.LU. Detectives spotted a subject that they were
looking for after being given information that he was involved in the illegal sales of
narcotics. (See Case # Il026l2)They requested that a marked police vehicle make a
traffic stop. The subject however refused to stop and fled from the uniformed police
officer's cruiser. A short time later, the subject was spotted again and this time
arrested. He was charged with Fleeing and Eluding
vii. On Friday, 07-29-11 five vehicles were burglarized, over night and within the smne
neighborhood. Prior to that on Tuesday, 07-12-11 six vehicles were burglarized also
over ni ght and within another neighborhood but in the smne area. The modus
operandi was the same. The subject sought out vehicles in which the owner left the
vehicle's doors unlocked. The subject would then enter the vehicle and remove U.S.
currency or loose change. The subject would also remove items such as jewelry;
anything small enough to fit in one's pocket. There were only a few cases in which
the subject broke the vehicle's window, ransacking the vehicle's interior also taking
loose change and jewelry. One of our victims fumished us with video surveillance
footage which was captured by her driveway cmnera. We had a face and a mode of
transportation (a bicycle). We also observed the crime as it occurred. Whereas, the
Chief nmned him "The Bike Bandit". A plan was formulated by the Chief to utilize
both G.l.U. and S.LU. Detectives to search the area surrounding these two
neighborhoods for the suspect in the video. Another strategy was implemented to
inform the affected area residents of what was occurring in their neighborhood.
Information. Flyers were produced and delivered in. the impacted area. These flyers
had pertinent information on how to safeguard their property, by securing their
vehicles and not leaving any valuables visible. Police Explorers were used to hand-
deliver these flyers. That smne afternoon an S.LU. Detective located the suspect in
the video. The suspect was detained and brought in for questioning. The suspect was
City Manager's Report to the Commission for August 2,2011
interviewed and arrested for Breaking and Entering of a motor vehicle. A search
warrant was then executed for the suspect's residence and two cigar boxes full of
jewelry were impounded. Detectives also contacted the victims and advised them to
come in to view the property impounded. Cases are pending the victims' positive
LD. of their property. Other Police agencies such as Miami-Dade P.D. and Pinecrest
P.D. have been contacted and advised of the above so that they to can attempt to
close out their open cases. The events leading to the arrest of this suspect was team
work at its best.
Code Enforcement Division
i. CE and PD conducted an inspection of an unlicensed rehab home in response to a
citizen's complaint. A notice of violation was issued.
ii. CE conducted seven (7) work without permit inspections.
iii. Six (6) lien search requests were received and processed in a timely manner.
$670.01 was collected in revenue for these searches.
iv. CE received, processed, and issued 9 new Business Tax Receipts (licenses) and
collected $1,421.18 in business tax revenue. The new BTR's are a direct result of
proactive field inspections. Twenty-eight (28) field inspections were conducted
within the timeframe of July 25, 2011 to July 29,201 l.
v. CE reviewed, processed, and returned nineteen (19) building permits in a timely
manner.
vi. CE received and responded to twelve (12) citizen complaints within 24 hours.
vii. CE issued 30 notices, removed 8 snipe signs, and successfully closed 26 cases.
Accreditation
No change.
f. Human Resources:
i. We are pleased to announce that we finished interviewing candidates for the Weed &
Seed/CRA Second Chance Program and have extended conditional employment
offers to the selected candidates. Our targeted start date for the new employees is
Monday, August 8, 2011.
ii. We completed interviews for the Chief Superintendent of Public Works. Final
selection will be announced in the near future.
iii. We are screening applications and scheduling interviews to select a Purchasing
Manager. Interviews will take place later this week.
iv. We are actively recruiting for the South Miami Police Department's Reserve Police
Officer Program. Only Certified Officers are eligible for this position. Applicants
City Manager's Report to the Commission for August 2, 2011
must submit the City Application with copies of all certifications to the Human
Resources Office. Recruitment will continue until further notice.
v. The City's Vision plan has increased its provider network to include several retail
establishments. Employees are encouraged to take advantage of the expansion to
receive quality services at a discounted rate.
vi. The Human Resources Department will continue its expanded hours. The Office
will be open every Wednesday from 6:00 a.m. to 10:30 p.m. to accommodate the
needs of the employees of the South Miami Police Department assigned to the
midnight shift and employees who begin work at 7:00 a.m. All employees are
encouraged to come by for assistance.
g. Public Works: See Attachment A.
h. Parks and Recreation: See Attachment B.
1. Planning and Zoning Department:
1. Meeting with Henry lIer (ller Planning). The Department will be
meeting with Her Planning on July 26, 2011 to discuss modifications to
the EAR planning scope of services, to address recent legislative changes
and redirect the planning effort to con-ect deficiencies in the
comprehensive plan and land development codes.
2. Submittal of Comprehensive Plan Amendments to the Department of
Community Affai~ (DCA).
The most recent group of comprehensive plan amendments that
went before the City Commission on June 14, 2011 has not been
transmitted to the DCA. The Department requested that all the
amendments be transmitted as a package, rather than individually.
They further indicated that we are still within the acceptable
timeline.
The amendments that were adopted on first reading on July 19,
2011 will be added to the previous anlendments and transmitted as
one package to the DCA.
3. South Flol"ida Regional Planning Council (RPC)
Staff met with the representatives on the RPC and Miami-Dade
County Planning to further discuss the implications of the recent
City Manager's Report to the Commission for August 2, 2011
legislative changes to Chapter 163, Florida Statutes, and it impact
on local concurrency.
Concurrency for transportation, schools, and parks and recreation
facilities are now optional for local governments. The burden of
maintaining and coordinating adequate facilities is in the hands of
local governments through inter-local agreements.
4. Zoning
Staff is preparing to submit the first of a series of proposed land
development code (LDC) amendments to the Planning Board for
review and public hearing, at their August 9th regular meeting.
Staff will be submitting a proposed revision to the Planning Board
at the request of the Mayor and Commission to address the
creation of a "MU-3 -Transitional" zoning district. This Item will
come before the City Commission following the Planning Board
public hearing and recommendation.
5. Schools
Staff met with representatives of the Miami-Dade County School
Board, the Academy for International Education Charter School
and Vice-Mayor Newman to discuss the county's proposal for the
JRE Lee School. Discussions are ongoing with the City elected
officials.
Representatives from Miami-Dade County are tentatively
scheduled to address this issue with the City Commission at their
August 2nd regular meeting.
6. Miscellaneous
Department staff is actively engaged in training to use the new
Granicus system for document posting and retrieval.
Templates for Planning Department board agendas were modified
and submitted for inclusion in the conversion process.
Department staff continues to participate in the OneSo]ution
training.
j. Commission directives or issues:
1. Pension: No changes since the July 19t11 report.
ii. Parking reform: No change in status.
iii. Master Park Plan: No change in status.
iv. Welcome to South Miami signs: No change since the July 19th report.
v. Hiring project for South Miami residents with certain criminal pasts:
Interviews began this past Monday, July 25, 2011.
City Manager's Report to the Commission for August 2, 2011
vi. South Miami Hospital permits. No change since the July 19th report.
END OF MEMORANDUM
Ci1y Manager's Report to the Commission for August 2, 2011
Public Works Attachment A
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xxxiii.
Swept the streets, cleaned up downtown, dump the litter cans through out the city for the Solid
Waste Division, mowed City Hall and right of ways, pressure cleaned sidewalks downtown,
and cleaned up downtown.
Pnmed fallen tree in traffic circle at 61 st Terrace SW 65 Avenue.
Lifted 17 trees along the wall at 64'h Street SW 58'h Place on the NW corner.
Lifted tree blocking sidewalk on 64th Street SW 67'h Avenue.
Cut off branch blocking the sidewalk on 6400 SW 58tl1 Place
Mowed right of ways,
Repaired pot holes at 64 Street SW 60 th Avenue
Trained an employee on the crane
Installed "No Dumping" sign at 6301 SW 67'h Court.
Installed "No Parking Any Time" sign on SW 74th Street by South Miami Hospital Emergency
Room.
Repaired damaged wheels on a resident's garbage container
Delivered (I) new garbage containers to resident.
Filled (10) crane trash holes.
Performed pick up of garbage and trash routes.
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.
Performed daily clean up & watered pots downtown.
Pressure cleaned sidewalks downtown on Wednesday's.
Dumped litter cans throughout the City three times a week.
Performed thorough cleanup of the fish pond and fed the fish at Ci1y Hall.
Serviced Irepaired (32) vehicles and heavy equipment at the Motor Pool.
Reorganization of supply closet at PW Office (shelves and light fixture installation)
Met with contractor to obtain door access estimate for doors at City Hall.
Human Resources window repair.
Changed light fixture at PD Sergeants and Conference room.
Completed Dante Fascelllighting project.
Troubleshoot NC problem at Communication in Police Department.
Adjust door aIm second floor at the Community Center.
Adjusted all door knobs throughout all City buildings.
Installation of soap dispenser men's bathroom at Palmer Park.
Installation of picture frame at City Manager's Office.
Troubleshoot NC at Finance Department
Installation oftoiJet seat men's bathroom at the Communi1y Center.
Met with contractor to obtain estimate for repair of garage door at the Motor Pool.
City Manager's Report to the Commission for August 2, 2011
Engineering and Construction Division
SW 66 th Street Improvements Phase II: The bid opening is scheduled for August 3, 2011, at
10 a.m.
Constructiou of ADA Handicapped Spaces at the South Miami Clinic located at 6701 SW
58th Place: The Notice to Proceed was issued. Public Works Department coordinated with the
Contractor and the Clinic and work commenced on August 1, 2011.
SW 64 th Street Corridor Sidewalk Repair Project: No changes since the last report.
ARRA Bus Shelters: The support for the shelter portion was installed. The contractor is waiting
for the roof structure.
SW 64th Court Drainage: The contract was executed. A Notice to Proceed was issued to the
contractor to commence with the work for Augnst 3, 20 II.
Pinecrest Villas: A resolution is presented to the City Commission for the approval of the
installation ofthe speed tables along SW 76 th Street and SW 78 th Street. If approved, the
resolution provides concurrence to the installation of the three speed tables in the neighborhood.
A copy of this resolution will be transmitted to the County's Public Works Department for
permit review and processing.
SW 62 nd Avenue Miami-Dade County Road Improvement Project: On July 25, 2011, the
County responded to the City's inquiry. Tree planting within the corridor consists of Pigeon
Plum trees and Orange Geiger as the City's preference for native species. However, locating and
obtaining the requested Black Ironwood trees that meet the specifications for street tree planting
may be difficult. The County also stated that proposed project expenditures, including the tree
planting on 62 Avenue require approval through the Mayor's office. This is a recently instituted
procedure and a definite time-line for approval cannot be determined. Pursuant to concurrences,
the County assured is that the completion ofthis project will be expedited.
Cocoplum Terrace Traffic Calming Project: An RFP is drafted to select a vendor to complete
the remaining road resurfacing activities along the above-mentioned streets. Public bidding of
this project is scheduled to for next week. .
Manor Lane Traffic Calming: No changes since the last report.
Mango Terrace: A meeting with residents is scheduled for Augnst 3, 2011 between 6:30pm to
8:30 pm. The meeting place is at the intersection ofSW 68 th Avenue and SW 75 th Terrace.
Announcements were placed in the City's Webpage section of "Upcoming Events" and flyers
were circulated in the neighborhood.
Citywide Roadway Resurfacing Project: The bid opening is scheduled for August 3, 2011 at
10 a.m.
City Manager's Report to the Commission for August 2, 2011
Citywide Sidewalk Repair Project: The City's Public Works Department conducted a pre-
construction meeting with MAGGOLC Inc. (pronounced as "Ma-go-Iic") on August 1, 2011 to
discuss and coordinate construction activities. A Notice to Proceed will be issued pursuant to
contract execution.
64 Development Road Resurfacing: An MOT pennit application was submitted to the Police
Department for final review.
MDC SW 57th Drainage Improvements: No changes since the last report.
City Manager's Report to the Commission for August 2, 2011
Parks and Recreation Attachment B
i. Recreation: Football and cheerleading registration is in progress. For more information call
the Parks & Recreation Department 305-668-7232, between 4:00 pm.-8:00 pm.
ii. Recreation: Registration for the new summer NBA Youth Basketball League sponsored by
South Miami Youth Flag Lea!fue and Parks & Recreation Department began. Season runs
from July 18 th-September 24", 2011, age groups 7-13.
B. Senior Center Calendar
>-Every Monday, Wednesday and Friday-seniors get picked-up to walk at Dadeland Mall
(DADELAND WALKERS -a walking club for senior citizens) 9:00am -10:30 am.
>-Everyday there is a social 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 am.-l:30 pm.
>-Monday and Thursday -Social Worker comes to teach Arts & Crafts from 1 :00 pm -3 :00 pm.
iii. All parks are on schedule with general maintenance, repairs and seasonal renovations.
):> Special Events: Free Movie at the Park last Saturday of the month, located at Munay Park,
Gibson-Bethel Community Center 5800 SW 66 th Street, from 7:45 p.m. -10:00 p.m. This event
is sponsored by Providence Road Church, Baptist Health South Florida, and City of South Miami
Parks & Recreation Department.
iv. Dog Park: No change
" '~'.
Housing and Community Development
701 N.W. 1st Court, 14th Floor
Miami, Florida 33136
T 786-469-2100 F 786-469-2236
.miamid.ad~.gov "
Aug US! t, 2:011
Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive
"', City Hall 1st Floor
South Miami, Florida 33143
. Re: Request for an Extension to the CDBG FY 2009 City of South Miami -Murray Park Aquatic
Center pr.0ject . .
Dear Mr. Mir';liile:
This is in response to the City of South Miami's (the City) leiter dated 'June 7, 2011, for a request for an
extension t6 complete the Murray Park Aquatic Center (to include Swimming Pool) project
The Department of Housing and Community Development CDHCD) will not extend the contract at this time
as discussed in our meeting with the City on May 23, 2011. The County is concerned about the ongoing
delays with this project and expects the City to complete the project in an expeditious manner.
Additionally, at a meeting with the US Housing and Urban Development (US HUD) on June 27, 2011, the
South Miami Community Advisory Committee (CAC) representative raised concerns about the ongoing
delays with the' project and the County's inability to effectuate the completion of the project.
On August 20, 2010 a letler was sent to the Acting City Manager approving the Design/Build Request for'
Proposal bid package. Consistent with your contract and Federal rules, please provide DHCD with the
following documents to finalize the review of the procurement process for the project:
Complete bid package from the selected Design/Build team
• Bid tabulation for all the proposals received by the City
• Recommendations by Ine City's staff regarding selection of Design/Build team
'. The City's minutes or re.solution approving selection of Design/Build team
• Certificate Regarding Lobbying Form from the selected general contractor
• Form, W-9 Request for Taxpayer Identification Number of the generai-contractor
• Copy of proposed unexecuted agreement .
'. Copy of the actual bid advertisement
Enclosed Is a breakdown of the soutces and uses for ali phases of the project. Please prepare and
submit the updated timeline, detailed scope of work and budget to include ti)e total project cost and the
procurement process documents for the Design/Build by Monday, August 8, 2011. Failure to submit the
required documentation may result in the recapture of funds and cancellation of the contract.
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.: Mr. Hector M!rablle, Ph.D,
City of South MiamI
July 13, 2011
Page 2
Also, monthly meetings beginning Tuesday. August 23,2011, will be held between DHCD staff and the
City, at 701 NW 1" Court, 14th Floor (North Conference Room 14-01), to discuss the progress or address
any problems the City may be encountering in completing this project.
Should you have any questions or concerns, please contact Mr. Clarence Brown, Community and
Housing Division Director or me at 786-469-2100.
~~
.. Rowena Crawford ~
Assistant Director
RC:lg
Enclosure
c: Alfredo Riverol, Finance Director, City of South Miami
Keith Ng, Public Works & Engineering Director, City of South Miami
Clarence Brown, Community and Housing Division ~irector -DHCD
Colleen Brown, Manager, Project Management Unit -DHCD
Central File: City of South Miami-COBG FY 2008, 2009 and 2010-Murray Park Aquatic
Center (10 include Swimming Pool) .
'The remaining balance of 590,463 from the Design Phase will be programmed to the Construction Phase of the project.
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CITY OF SOUTH MIAMI
MUNICIPAL PARKING GARAGE
.AGREED UPON PROCEDURES
. Inception through September 30, .2010
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Keefe, McCullough & Co., LLP
Certified Publ ic Accou nta nts
INDEPENDENT ACCOUNTANTS' REPORT
ON APPLYING AGREED-UPON PROCEDURES
To the Honorable Mayor, Members of the City Commission,
and City Manager
City of South Miami, Florida
We have performed the procedures enumerated below, which were agreed to by the City of South
Miami, Florida (the "City") solely to assist you with respect to the arrangements between the City and
Mark Richman Properties, Inc. ("MRP"). Such arrangements are related to the South Miami
Municipal Parking Garage (the "Garage") capital outlays and related expenditures and revenues from
its inception through September 30, 2010. .
The City and MRP's management are responsible for the accounting records. This agreed-upon
procedures engagement was conducted in accordance with attestation standards established by the
American Institute of Certified Public Accountants. The SUfficiency of these procedures is solely the
responsibility of. those parties specified in the report. Consequently, we make no representation
regarding the sufficiency of the procedures described below either for the purpose for which this
report,has been requested odor any other purpose.
Our procedures and findings are as follows:
Step 1: Review all of the agreements approved andlor amended between the City and Mark
Richman Prol?erties, Inc., associated with the coostrnction and design of the South
Miami MuniCipal Parking Garage.
Procedures·f1J1d FiJldmgs:
OUf procedures inclnded the review of agreements between the City and MRP, as
presented to us by the City of South Miami's Finance Department, and other related docnments
that came to our attention during the various stages of our engagement. Our review was solely
in connection with the Garage's capital outlays and related expenditures and revennes from its
inception through Seprember 30, 2010, as described in the procedures performed and
enumerated below.
Our procedures did not incJnde an evaluation or review of those matters under investigation
by the Securities and Exchange' Commission and the Internal Revenne Service regarding the
legality of the bond structure. Therefore, we express no opinion or conclusion regarding these
matters and their possible financial impact to the City.
Except as noted in step 6 below, we fonnd no exceptions as a result of the procedures.
6550N. Federal H1ghwoy "5uil';410" Fort lauderdale. FL 33308 ro 954.771.0896 ~ 954.93B.9353 (F) III www.kmccpo.com
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City of South Miami, Florida
Step 2:· Review all construction draws', including change orders, as presented to the City,
for proper supporting documentation.
Procedures and FYl1diJJgs:
We reviewed all construction draws, including change orders, as presented to the City, for
proper documentation. Capital outlay disbursements were funded primarily through finanCing
arrangements with the Florida Municipal Loan Council (Series 2002A and 2006A) and one
other note payable with a financial institution.
We found no exceptions as a result of the procedures.
Step 3: Review aU reimbursement requisitions for proper supporting documentation with the
following lenders:
a. Two bond indentores issued by the Florida Municipal Loan Council.
b. One promissory note issued by SunTrust and refinanced by Balik of America.
Procedures and FicuJil1gs:
We reviewed all reimbursement requisitions and activity processed through Project Loan
Fund accounts established with the Florida Municipal Loan Council ("FLMC") and those
funds made available by SunTrust, and subsequently refinanced by Bank of America. Total
funds drawn under these indebtness agreements are summarized as follows:
FLMC FLMC Note
Series 2002A Series 200M Payable Toml
Original Debt Amount $ 6,500,000 $ 5,625,000 $ 1,000,000 $ 13,125,000
Plus: Interest Earned 457,765 144,854 602,619
Less: Financing Costs (98,053) (122,121) (2,500) (222,674)
Less: Requisit)ons (1) (6,859,712) (5,647,733) (997,500) (13,504,945)
$ $ $=== $
(1) requisitions included approximately $1,740,000 to satisfy debt service payments of the
City.
We found no exceptions as a result of the procedures.
Step 4: Meet with personnel of Mark Richman Properties, Inc. and review accounting
procedures for the billing and collection of operational revenues.
Procedures and Fil1dmgs:
We met with various personnel of Mark Richman Properties, Inc. to review their
accounting procedures for the billing and collection of operational revenues such as: self
service, pay-by-station; monthly passes; flat-rate parking; and valet parking (terminated in June
2009),
Except as noted in step 6 below, we found no exceptions as a result of the procedures ..
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Step 5: Analyze the accuracy and timeliness of scheduled (debt repayment) cash receipts, to
the City of South Miami, Florida -
a. confirm outstanding balances as of September 30, 2010,
b. and consider additional interest accumulated on late payments, if any.
Procedures and Findings:
We analyzed the accuracy and timeliness of scheduled debt repayments to the City of South
Miami. Since inception and through September 30, 2010, MRP has repaid the City
approximately $ 2,944,000, including principal and interest, in connection with the financing
of the South Miami Municipal Parking Garage.
As of September 30, 2010, the aggregate outstanding balance payable to the City by MRP,
at interest rates ranging from 3.25% to 5.50%, is approximately $ 9,724,300. l\1RP has
provided executed Promissory Notes to the City evidencing the financing arrangement. In
addition, the City and MRP's books and records are in agreement in regards to the amount
receivable and payable between both parties. Finally, we obtained a written confirmation
letter, at September 30,2010, from l\1RP, to further acknowledge the outstanding balance.
Future principal and interest payments due to the City under the financing arrangement as
of September 30, 2010 are approximately as follows:
September 30, Principal Interest
2011 $ 266,900 $ 323,800
2012 280,000 450,300
2013 291,000 438,300
2014 306,300 424,900
2015 321,800 410,100
2016-2020 1,516,900 1,368,900
2021-2025 2,662,400 1,518,100
2026-2030 2,012,400 1,029,800
2031-2035 1,524,800 482,500
2036-2040 541,800 51,500
$ 9,724,300 $ 6,498,200
AU principal and interest payments payable to the City by MRP are current and no past due
amounts are outstanding; therefore, we found no exceptions as a resnlt of the procedures.
Step 6: Determine the propriety of reported operational revenues .
Procedures and Findings:
Our procedures to determine the propriety of operational revenues included observation and
inquiry of MRP's staff and the inspection of their books and records not limited to: corporate
tax returns, accountant prepared reviewed financial statements, bank statements, and deposit
books.
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City of South Miami, Florida
Amounts owed and paid to the City of South Miami by MRP, iu connection with the
Garage's gross revenues, are summarized as follows:
Renton
Excess
-Year Base Rent (1) ReceiEts (2) Total
2007 $ 6,333 $ $ 6,333
2008 $ 75.996 $ 31.657 $ 107,653
2009 $ 75,996 $ 46,387 (3) $ 122,383
2010 $ 75,996 $ 48,216 (4) $ 124,212
(1) $ 6, 333 per month commencing in December 2007.
(2) Represents 12.50% of all gross parking receipts, as defined in the lease agreement
between the City and MRP, iu excess of $ 150,000 realized each year.
(3) Amount paid to the City was reduced by $ 38,438 representing the City's ad valorem
assessed taxes on the subject property for 2008 and 2009,
(4) Amount paid to the City was reduced by $ 47,290 representing the City's ad valorem
assessed taxes on the subject property for 2010.
We found no exceptions as a result of the procedures, However, dUring our procedures,
we noted that the operations of the parking garage include the collection of a flat rate parkiug
fee on Friday and Saturday evenings and duriug certaiu special events. This revenue source
has been collected in cash by an employee who is stationed at the entrance ramp of the garage.
In accordance with Section 19.3.9 of the lease agreement between the City and Mark Richman
Properties, Jnc., and dated March 11, 2005, the tenant shall ensure that the paI*ing structure
operations include automated collection procedures to ensure accurate reporting Of gross
parking revenues.
Although internal controls currently exist surroundiug the collection of the flat rate parking
fee and no material financial exceptions were noted as a result of our procedures, we concur
with City's management that MRP should provide additional controls to include an, "automated
system" to comply with. the existing terms of the lease agreement. An automated system
would also help to remove the appearance of possible improprieties.
Enhanced internal control procedures should be evaluated to determine the cost and
anticipated benefit to both parties. We recommend that the City and MRP consider the
following alternatives: 1) reprogram all existiug automated parking meter equipment to allow
for the collection of the flat rate parking fee, or 2) the construction of a parking booth and gate
arm, where the attendant has the ability to utilize a cash register and perhaps even accept other
methods of payments. We have had discussions with both City management and MRP
management regarding these potentiallmprovements to the current system.
We would like to thank those who participated and provided their assistance duriug the
performance of these procedures and the preparation of this report. A special thank you goes to
Hector Mirabile, City Manager; Alfredo Rivero!, City's Chief Financial Officer; Mark Richman,
President of Mark Richman Properties, Inc. and Jerrold 1. Horwitz, Treasurer of Mark Richman
Properties, Inc.
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City of South Miami, Florida
We were not engaged to, and did not, conduct an audit, the objective of which would be the
expression of an opinion on the accounting records. Accordingly, we do not express such an opinion.
Had we perfurmed additional procedures, other matters might have come to our attention that would
have been reported to you.
This report is intended solely for the information and use of the City Commission and City's
management and is not intended to be and should not be used by anyone other than those specified
parties.
Fort Lauderdale, Florida
July 28, 2011
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KEEFE, MCCULLOUGH & CO., LLP