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City of South Miami
Regular City Commission Minutes
April 3, 2012
5 The following members of the City Commission were present: Commissioner Harris,
6 Commissioner Welsh, Commissioner Newman, Mayor Stoddard, Vice Mayor Liebman
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8 Also in attendance were: City Attorney Thomas F. Pepe, Esq., City Manager Hector
9 Mirabile, Ph.D, and City Clerk Maria M. Menendez, CMe.
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A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
e. ROLL CALL
D. MOMENT OF SILENCE
By Mr. Olive Church Pastor Rodney James.
21 Vice Mayor Liebman addressed the audience with the sad news of a young friend
22 who had lost her battle against cancer.
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f:. PLEDGE OF ALLEGIANCE
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
G. PRESENTATIONS
a) Employee of the Month
32 This presentation was cancelled.
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hl South Miami Drug-Free Coalition presentation to the South Miami Police
Explorers
CITY COMMISSION MINUTES
April 3, 2012
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1 Director of South Miami Drug-Free Coalition, Margaret Sotham, conducted a
2 presentation recognizing the good work of the Explorers
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fl Legislative Report by Fausto Gomez
City Lobbyist Fausto Gomez presented the End-of-Session Legislative Report.
H. APPROVAL OF MINUTES
a) Minutes of March 20, 2012
12 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to defer
13 APPROVAL OF MINUTES passed by a 5 -0 vote:
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Yea:
Nay:
I. CITY MANAGER'S REPORT
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Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
18 The City Manager's Report is posted on the City's website under the City Manager's
19 Department.
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J. CITY ATTORNEY'S REPORT
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Regarding the Moya case-discoveries almost complete;
Engaged on arbitration concerning the dismissal of a police officer.
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K. PUBLIC REMARKS
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28 Javier Banos referred to the pool issue, saying that there are already enough pools
29 in the surrounding neighborhoods, and urged the commission to make informed decisions.
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31 Yvonne Beckman referred to issues the City has with the YMCA; she then spoke
32 about the community pool project.
CITY COMMISSION MINUTES
April 3, 2012
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2 Former city attorney John de la Gloria addressed the Commission regarding a
3 pension issue that a couple of former police officers that he is representing have.
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5 Hector Fernandez referred to the pool item requesting clarification, adding that he
6 is concerned with the fact that there is no design for the project.
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8 South Miami Homeowners' Association Vice President Jim Dundorf also addressed
9 the pool issue.
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11 Former City of South Miami Police Chief Perry Turner who worked for the City for
12 numerous years, addressed the Commission with various comments, and thanked Mr. Ward for
13 bringing up the issue with the pension.
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15 David Romine, also former City of South Miami Police Officer who served the city
16 for 26 years, urged the Commission for help with his pension issue.
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18 Claudia Hauri said that these are not the right economic times for the construction
19 of a community pool; she also said to be against the Hole in the Wall restaurant which would be
20 too close to residential.
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22 Bill Gautman, also a former city employee addressed the Commission with the
23 same pension issue as previous speakers.
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25 Brad Cassel, as a former pension board member addressed the issues with the
26 pension; he then spoke against the construction of the pool.
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28 Sharon McCain spoke against the pool, urging the Commission to be fiscal
29 responsible.
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31 Chris Cook-Yarborough said that he believes that the problem with the pool project
32 is the way in which it has been presented.
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Antoinette Fischer spoke against the pool.
36 Teresa Burke spoke against the pool.
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38 Fiona Kelleghan spoke against the item relating to the Hole in the Wall restaurant.
39 She then spoke in favor of the pool
CITY COMMISSION MINUTES
April 3, 2012
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2 Marcelo Fernandez referred to the item on the agenda relating to the 64
3 Development project assignment.
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5 John Edward Smith made remarks on items 4, 11 and 13. He added that the ERPB
6 should be renamed as the "design review board".
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8 Doris Hall addressed the Commission about the pool.
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10 John Anderson addressed the Commission with issues relating to the absence of a
11 water hydrant in his neighborhood; he also spoke about the problem with traffic.
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13 The following speakers addressed the Commission in support of the pool: Fred
14 Truby, Michael Miller, Dick Ward, Mt Olive Pastor Rodney James, Deltravis Williams, Sally
15 Philips, Pam Lahiff, Marice Chael, Simon Codrington, and Anick Steinberg.
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L. COMMISSION REPORTS, DISCUSSION & REMARKS
M. CONSENT AGENDA
1. A Resolution re-appointing Javier Banos to serve on the Pension Board for a
two-year term ending April 17, 2014.
3/5 (Commissioner Newman)
23 Moved by Commissioner Newman, seconded by Mayor Stoddard, the motion to
24 approve Resolution No. 70-12-13627 re-appointing Javier Banos to serve on the Pension Board
25 passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
2. A Resolution appointing Claudia Hauri to serve on the Planning Board for an
unexpired term ending March 1, 2013.
3/5 (Commissioner Harris)
CITY COMMISSION MINUTES
April 3, 2012
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1 Moved by Commissioner Newman, seconded by Mayor Stoddard, the motion to
2 approve Resolution No. 71-12-13628 appointing Claudia Hauri to serve on the Planning Board
3 passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
3. A Resolution supporting the repeal of the Florida Statute section 776.012,
commonly known as the "Stand Your Ground" statute.
3/5 (Commissioner Welsh)
8 Moved by Commissioner Newman, seconded by Mayor Stoddard, the motion to
9 approve Resolution No. 73-12-13630 supporting the repeal commonly known as the "Stand
10 Your Ground" statute, which was amended by Commissioner Welsh to add the word "alleged"
11 on line 22, passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
4. A Resolution for the creation of a City of South Miami Business Improvement
Liaison Commissioner.
3/5 (Commissioner Harris)
The Commission discussed this item and the majority was not in favor.
18 Moved by Commissioner Harris, seconded by Commissioner Newman, the motion to
19 approve the Resolution for the creation of a City of South Miami Business Improvement Liaison
20 Commissioner failed by a 2 -3 vote:
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Yea:
CITY COMMISSION MINUTES
April 3, 2012
Commissioner Harris
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Nay:
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
2..:. A Resolution relating to the review and acceptance of the Annual Report of the
RRC 57 Avenue LLC [Red Road Commonsl,on their mixed-use development
project located at 6700 SW 57 Avenue, pursuant to the Development
Agreement between the City of South Miami and RRC 57 Avenue LLC.
3/5 (City Manager-Planning & Zoning)
4 Jerry Proctor, attorney representing the owner addressed the Commission
5 providing further information and answering questions of concern.
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7 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to
8 approve Resolution No. 74-12-13631 relating to the review and acceptance of the Annual
9 Report of the Red Road Commons project located at 6700 SW 57 Avenue passed by a 4 -1
10 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
Commissioner Welsh
6. A Resolution consenting to the attached Assignment marked as Exhibit 1,
relating to the Annual Report ofthe 64 Development Corporation.
3/5 (City Manager-Planning & Zoning)
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15 Moved by Commissioner Newman, seconded by Mayor Stoddard, the motion to
16 approve Resolution No. 72-12-13629 consenting to the attached Assignment marked as Exhibit
17 1 passed by a 5 -0 vote:
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Yea:
CITY COMMISSION MINUTES
April 3, 2012
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
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Nay: None
N. RESOLUTIONS
7. A Resolution providing the City Manager with instructions on how the City
Commission desires the City Manager to proceed with regard to the proposed
Murray Park Community Pool.
3/5 (City Manager)
6 The Commission discussed this item, finally deciding on the following motion.
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8 Moved by Mayor Stoddard, seconded by Commissioner Welsh: the City Commission
9 commits to $50,000 per year for operating the pool for ten weeks, and that we seek for
10 supplemental funds from the CRA budget to extend the weeks of operation beyond that. The
11 motion passed by a 4-1 vote (Newman Nay). Vice Mayor Liebman approved with the condition
12 that taxes will not be increased.
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14 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approved
15 as amended Resolution No. 75-12-13632 providing the, City Manager with instructions on how
16 to proceed with regard to the proposed Murray Park Community Pool passed by a 4 -1 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Vice Mayor Liebman
Mayor Stoddard
Commissioner Newman
O. RESOLUTION(S) PUBLIC HEARING(S)
8. A Resolution relating to a request for two variances from Section 20-3.5 of the
City's Land Development Code requesting a variance of ten (10) feet from the
required sixty (60) foot lot frontage and a variance of 125 square feet to
minimum lot size of 6,000 square feet, to construct LEED Certified affordable
housing on a nonconforming lot of record in an RS-4 zoning district, 6457 SW
60th Avenue, within the City's Community Redevelopment Area.
4/5 (City Manager-Planning & Zoning)
CITY COMMISSION MINUTES
April 3, 2012
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1 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
2 Resolution No. 76-12-13633 requesting a variance on property located at 6457 SW 60th Avenue
3 passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
9. A Resolution relating to the request for requesting a variance from Section 20-
3.5 of the City's Land Development Code; requesting a variance of six (6) feet
from the required sixty (60) foot lot frontage, to construct LEED Certified
affordable housing on a nonconforming lot of record in an RS-4 zoning district,
6501 SW 60th Avenue, within the City's Community Redevelopment Area.
4/5 (City Manager-Planning & Zoning)
8 Moved by Commissioner Newman, seconded by Mayor Stoddard, the motion to
9 approve Resolution No. 77-12-13634 requesting a variance on property located at 6501 SW
10 60th Avenue passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
10. A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the
Land Development Code for Special Use Approval to locate a general
restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning
district. 4/5 (City Manager-Planning & Zoning)
15 This item remained as Unfinished Business and will be brought back before the
16 Commission at the next regularly scheduled meeting.
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P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S)
CITY COMMISSION MINUTES
April 3, 2012
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11. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(l)(a)
and (b) and (3)(b) concerning membership and powers and duties of the
Environmental Review and Preservation Board.·
3/5 (Commissioner Harris)
4 This item remained as Unfinished Business and will be brought back before the
5 Commission at the next regularly scheduled meeting.
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12. An Ordinance amending South Miami Code of Ordinances, Article I, Chapter 2,
Sec. 2-2.1(K)(1) prohibiting the sending and receiving of electronic
communication by a Commission member while the member is sitting on the
dais during a Commission meeting.
3/5 (Commissioner Welsh)
9 This item remained as Unfinished Business and will be brought back before the
10 Commission at the next regularly scheduled meeting.
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Q. ORDINANCE(S) FIRST READING
13. An Ordinance amending the South Miami Code of Ordinances, Article I, Section
2-2.1(G)(2), to authorize the Mayor to participate in the discussion and debate
of all issues. (Commissioner Welsh)
3/5
16 This item remained as Unfinished Business and will be brought back before the
17 Commission at the next regularly scheduled meeting.
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14. An Ordinance amending South Miami Land Development Code, article VI, section 20-
6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or
appeals from the decisions of the Environmental Preservation and Review Board. 3/5
(Commissioner Harris)
21 This item remained as Unfinished Business and will be brought back before the
22 Commission at the next regularly scheduled meeting.
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R. ADJOURNMENT
CITY COMMISSION MINUTES
April 3, 2012
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Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
April 3, 2012
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Approved
Philip K. Stoddard
Mayor