03.02.10 minutes�i
City of South Miami
Regular City Commission Minutes
March 2,2010
CALL TO ORDER:
The City Commission of the City
I
n regular session on Tuesday, March
in the City Commission Chambers,
p.m.,
A. Roll Call:
The folio
Mayor Philip
Commissioners
Harris.
Also in
Deputy City
Menendez and
wing members
K. Stoddard,
Velma Palmer
of South Miami, Florida met
21 2010, beginning at 8:07
6130 Sunset Drive.
of the City
Vice Mayo
Brian D.
attendance were: Ci
Attorney Mark A.
Acting City Manager
Commission were pr
r Valerie Newman,
Beasley and Walt
ty Attorne
Goldstein,
Roger M.
B. Moment of Silence: By Mayor Stoddard.
C. Pledge of Allegiance:
The Pledge of Allegi
D. Presentations (s )
y Laurence
City Cle
Carlton&
ance was recited in unison.
esent:
and,
er A.
Feingold and
rk Maria M.
Recoqnition for Commissioner Palmer receiving her
Doctorate' s Degree
Mayor Stoddard
recently achieving her
congratulated Commissioner
goal by obtaining her Doctor
Palmer for
ate' s Degree.
Recoqnition for Dr. Joyce Price organizing the MLK Parade
At this
organization
honoring Dr.
Because
the meeting,
sent to them.
time Mayor
for putting
Martin Luther
Stoddard thanked Dr. Price and her
together such a wonderful Parade
King, Jr.
none of the MLK Pa
the certificates of
rade organizers were present at
appreciation were deferred to be
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
CITY COMMISSION MINUTES 1
March 2, 2010
1. Approval of Minutes
Minutes of Februar
10, 2010
Moved by Commissioner Palmer
Beasley, the motion to approve the
passed by 4 eyes and 0 nays. Vice
Room.
Minutes of February 16, 2010
seconded by Commissioner
minutes of February 10, 2010
Mayor Newman was Out of the
Moved by Commissioner Palmer, seconded by Commissioner
Beasley, the motion to approve the minutes of February 16, 2010
passed by 4 eyes and 0 nays.
Room.
At this juncture Mr
2f) were being deferred,
items no. 8 and no. 14 on
Mr. Carlton further
added on the agenda (se
Newman, and item no. 9 sp
Vice Mayor Newman was Out of the
. Carlton announced that items 2c) and
item 2g) would be withdrawn, as well as
the agenda.
announced that there would be two items
e item no. 8 sponsored by Vice Mayor
onsored by Commissioner Harris) .
2. City Manager's Report ( 2 5 minutes)
a) Annual Report required by the First on Sunset Pro
Project Sunset) Development Agreement submitted
Proctor, Esq. representing pro
owner South Miami Corporation.
ject developer and
This report is more
know as the 1" National Bank of South Miami Si te.
b) Annual Report required by the Red Road Commons
Agreement submitted by Jerry Proctor, Esq,
project developer, RRC 57th Avenue, LLC .
c) Annual Affordable
Red Road Commons
by Jerry Proctor,
57 th Avenue, LLC .
j e ct ( aka
by Jerry
property
commonly
Development
representing
Housing Compliance Report required by the
Development Agreement (Sec. 2f), submitted
Esq. representing project developer, RRC
(Deferred 3/02/1 0)
d) Miami -Dade County Days in Tallahassee, April 21 -22,
Discussion. (Verbal)
2010
Mr. Carlton informed the Commission about the need to know
who is planning to attend Dade Days so that staff can meet the
deadlines; Vice Mayor Newman and Commissioner Beasley said they
will be attending. Vice Mayor Newman then suggested bringing a
CITY COMMISSION MINUTES 2
March 2, 2010
resident in place of the Mayor who will not be able to attend;
Mayor Stoddard then asked for anyone interested to call him and
let him know.
e) Pension Actuary Selection Process. This item relates to the
work of the Pension Ad Hoc Committee. (Verbal)
Mr. Carlton explained that it had been the unanimous view of
the Committee that they need its own actuary, independent of the
actuary that the Pension Board has in order to provide the
Commission with the best possible advice about what position to
take on Dension reform.
three firms were
from them. The
selection and we
Commission by the
He said that this is a very limited field,
contacted and that we will be getting proposals
Pension Ad Hoc Committee will be making the
may tentatively be able to bring it before the
first meeting in April.
f) Report on South Miami Hospital Minor Change to 2002 Approved
PUD: Explanation of Parking Minor Change. (Deferred 3102110)
Mr. Carlton explained that he deferred this item at the
request of the Mayor who had asked to look at this in more detail.
g) Clarification of City of South Miami Charter provision in
Art. IV, Sec. 4D; this item relates to a Charter provision
requiring contracts of more than one year duration requiring
a single public hearing before adoption . (Verbal)
(withdrawn 3102110)
Mr. Carlton explained that he was very concerned about the
Charter provision requiring a public hearing on a multi - annual
contract, in particular regarding entering into the three -year
lease for a Tl line; after consultation with the City Attorney it
was determined to withdraw that matter and look at each situation
individually in order to comply with the Charter.
h) Discussion of Code Enforcement Manager, Carmen Quinn's Charge
memo. This item relates to the first year priorities for the
new Code Enforcement Manager and seeks City Commission input.
i ) City towing solutions; need for an RFP . (Verbal)
Mr. Carlton explained that he will be bringing an RFP on this
soon.
j ) City Health, Life and Dental programs; renewal discussion for
insurance carriers and agent of record. (Verbal)
Mr. Carlton said that it is a good practice every f ive years
to determine whether we should have a new agent of record; he said
that he will be meeting with the current agent of record and that
CITY COMMISSION MINUTES 3
March 2, 2010
he will be reporting
recommendation.
back to the Commission with his
k) Report on Atlantic Broadband Public Hearing. (Verbal)
Mr. Carlton
franchise agreeme
the residents
years ago, the
explained that it is the requirement of our
nt to hold an annual public meeting to listen to
about Atlantic Broadband services. About a couple of
Florida Leg
over cable companies away
Department of Agriculture
islature pulled the regulatory authority
from municipalities and gave it to the
and Consumers Services. He said that
after proper advertising it, we held the hearing anyway and the
only two people in attendance were the two representatives of the
company.
1) People's Transportation Plan Municipal Share Distribution:
Discussion
Mr. Carlton, after briefly explaining
do everything in his power to protect the
this said that he will
City's share.
With no further comments the City Manager's Report ended.
3* City Attorney's Report (15 minutes)
Mr. Feingold said that Deputy City Attorney, Mr. Goldstein
was successful in getting a new pickup truck for the City from
the forfeiture fund. He added that we have a very active Police
Department in bringing in significant forfeitures. Mr. Carlton
added that at a future Committee of the Whole he will be
presenting a report to the Commission on the forfeiture fund.
Vice Mayor Newman
include how much money
years.
said that she assumed
has been confiscated
that the report will
during the last two
With no further comments the City Attorney's Report ended.
PUBLIC REMARKS
( 5 minutes)
David Tucker Sr. at the request
Commission regarding the Constitution
Tucker, a History teacher for many
background information on the subject,
CITY COMMISSION MINUTES 4
March 2, 2010
of the Mayor, addressed the
and the Bill of Rights. Mr.
years, eloquently provided
starting with Roman law.
Javier Banos referred to item no. 10 on the agenda relating
to the union contract, explaining that an amendment to the
pension ordinance will follow to take care of the two point
reduction in the employee contribution for the
2010. He then spoke in favor of Mr. Carlton
position as city manager for at least the next
Mr .
prof ect
Report.
fiscal year 2009 -
for the permanent
twelve months.
Jacobson, managing partner of the Red
addressed the Commission regarding the Affo
After briefly explaining the procedure for
Road Commons
rdable Housing
certification,
he said that the Affordable Housing Committee had requested
further backup information to check compliance of income levels
that are listed on their certification form. He said that what
they want is a request by a taxpayer to the IRS for a certified
copy of their tax return. He said that they cannot request that
from the residents since that is a personal matter and that he
believes that no resident would like for his /her tax record to
become public. Mr. Jacobson asked for directions and Mayor
Stoddard told him to contact him by email.
Dick Ward referred to an abandoned house
of 80th Street. He then concurred with the
spoke in support of Mr. Carlton.
Cal Rosenbaum
doctorate's degree,
officials. He then
Mr. Carlton.
She
Daisy Harrell
on the north side
prior speaker who
congratulated Commissioner Palmer
• he also congratulated all new
concurred with previous speakers in
also congratulated all
then asked for clarification as to
about "having
with
every
in any way
the City back ". She said
new
Commission
and that she
she possibly can.
on her
elected
favor of
new elected officials.
a statement she heard
that she has always worked
has always tried to help
John Edward Smith provided some trivia regarding a list of
past elected officials who by coincidence happened to live on
64th Court. He then referred to possible construction of bike
lanes on Sunset Drive. He said that FDOT now has presented new
drawings for Sunset Drive, from 69th Avenue west to 84th Street.
ith the City Manager to determine how we
He suggested working w
can adapt our future construction from 64th Court out to 69th, and
at least make accommodations for bike lanes there.
Mr. Carlton at this time informed the Commission about some
good news regarding a bike path on 62nd Avenue. He said that he
met with the County's Public Works director and they have agreed
to redesign 62nd Avenue in order to narrow the median a little,
CITY COMMISSION MINUTES 5
March 2, 2010
and having two bike lanes along the whole distance, and that will
be at no additional cost to the City.
Brad Cassel referred to item no. 10
to the union contract, saying that the
missing from the language. He had other
on the agenda relating
current multiplier is
questions regarding the
same item and the City Manager said that those concerns would be
addressed as the item came up on the agenda.
Bob Welsh made comments regarding 64th Court and some of the
past elected officials that had lived there.
Sharon McCain spoke against the starting salaries
been advertised for
then referred to the
that have
the new vacant positions in the City. She
parking garage and the contract between the
Citv and Mr. Richman; she read from the provision in the contract
mandating the tenant
She then referred to
to include automated collection procedures.
the Charter school and the two residential
homes used by officers from the Charter
school. She then
to the Charter Review Committee saying that
Committee has not been handled correctly.
With no
closed.
further speakers the public
she believes
remarks
COMMISSION REPORTS DISCUSSION
AND REMARKS
(25 minutes)
ref
that
rred
the
section was
Discussion of need for expanded homeless assistance effort.
(Commissioner Harris)
Commissioner
one of the boards
the Homeless Task
getting 4 out of
in Homestead. He
Force.
Harris urged the residents to apply to serve on
. He then referred to the challenges faced by
Force, adding that they had been successful in
5 homeless people to willingly go to a shelter
also urged people to join the Homeless Task
Commissioner Harris then asked the City Manager
arrangements to designate a location for the residents
Miami to be able to dispose of old batteries.
to make
in South
Vice Mayor Newman said that one of the priorities of the
Commission is reviewing the boards and committees, particularly
the Charter Review Committee, saying that perhaps the City
CITY COMMISSION MINUTES 6
March 2, 2010
Attorney could provide some direction as to how to proceed with
that Committee.
Mayor Stoddard recommended th
citizens to the boards, that they
they can proceed because that
at before they begin nominating
establish a procedure by which
would produce a more
process and a more equitable outcome.
orderly
Commissioner Beasley announced the Community Meeting to be
held Saturday, March 6, 2010 from 11:00 a.m. to 1 :00 p.m.
Commissioner Beasley also announced a fundraising event for
South Miami Drug Free Coalition at Splitsville, Sunday, March 21,
2010 from 5:00 - 8:00 p.m.
Mayor Stoddard said that Florida Power and Light is
interested in beginning dialogue with the Commission on a number
of issues and that he is happy to open this dialogue up with
them, provided that he has the consent of the Commission.
At this
position as
Light to Mayo
time Commissioner Beasley offered to turn over his
liaison for the Commission with Florida Power and
r Stoddard.
Mayor Stoddard said that he is
his appointment there by 10 percent
to the City of South Miami.
proposing to FIU to
to make time for his
reduce
service
Mayor Stoddard then explained that as an environmental
and as a Mayor, he has been increasingly asked to supp
environmental organizations and their various causes, but that
would not want to make any commitments without the approval
the Commission. There is a particular item that he has
by the National Parks Conservation Association to
ist
ort
he
of
been asked
endorse
Mayor, and that is the buyout of farmland in the Everglades bas
in order to protect the watershed.
as
in
Mayor Stoddard then informed that Officer Guzman caught an
individual during a robbery and the residents contacted him to
express their appreciation for Officer Guzman once more. He also
echoed his appreciation to Officer Guzman.
With no further comments this section was closed.
Moved by Mayor Stoddard, seconded by Commissioner Harris to
move out of order item no. 10 on the agenda (now item no. 4). The
motion passed by 5 yeas and 0 nays.
At this time,
asked the question,
CITY COMMISSION MINUTES
March 2, 2010
and for the benefit of Commissioner Palmer who
Mayor Stoddard explained that Dr. Marvin Dunn
is not representing the Commission, but will merely be moderating
the Community Meeting on Saturday. He further explained that Dr.
Dunn will not be answering any questions but only be handling the
mechanics of the meeting.
At this time SMCRA Board Member, Rodney Williams asked for
clarification regarding the Community meeting to be held
Saturday, March 6th, saying that he had not been officially
notified.
RESOLUTION (S)
42 -10 -13076
4. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, approving and authorizing
the Acting City Manager to execute a one -year agreement
between the American Federation of State, County and
Municipal Employees, AFL -CIO; Local 3294 (hereinafter
referred to as AFSCME) and the City of South Miami
providing for an effective date, 3/5
(Acting City Manager)
Moved by Mayor Stoddard, seconded by Commissioner Beasley to
approve this item.
Mr. Carlton presented this item, explaining that through
various sessions with the union and our labor counsel, and in
good faith, arms length negotiation a conclusion was reached. He
said that they agreed to the one -year contract; also instead of
receiving the usual COLA and merit increase, they agreed to the
two -point reduction for their pension contribution. He said that
he was very much in opposition to deferring this item since the
two -point reduction is contingent to an amendment to the pension
ordinance. He urged the Commission to approve this item so that
the employees could get their money as soon as possible.
At this time Mr. Cassel was allowed to address the
Commission with his concerns regarding differences between the
union contract and the pension ordinance.
Our labor attorney, Mr. Jim Crossland explained that the
provisions in the contract that Mr. Cassel referred to are just
historical data. In the current negotiations which led to this
agreement, he said that what he proposed to the union was that
whatever the multiplier was back in 1995 or 1996, etc, it is what
it is today and we have no dispute about what it is today. If
there is something missing in that historical data we can enter
into a Memorandum of Understanding (MOU) , or we can just agree in
CITY COMMISSION MINUTES 8
March 2, 2010
consultation with the union negotiator, to delete
historical provisions, and that is not changing the
because that is not a current provision. He then
recommended the Commission ratifying the agreement be f
and that he will be correcting any scrivener's
agreement later on.
Javier Banos
and to forward the
Attorney later on
With some
passed by a 5 -0
urged the Commis s
amendment to the
for review.,
the old
contract
strongly
ore them
errors in the
I
on to approve the
pension ordinance
resolution
to the City
further comments, the motion to approve this item
vote
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris:
Mayor Stoddard:
(BEGINNING OF CONSENT)
43 -10 -13077
Yea
Yea
Yea
Yea
Yea
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to enter into Mutual Aid Agreement with
the City of Miami Beach Police Department for general
and specific law enforcement duties on behalf of the
City of South Miami Police Department pursuant to
Section 23.1225 (3), Florida Statutes; providing an
effective date. 3/5
(Acting City Manager)
44 -10 -13078
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20- 4.3(n) to
permit the installation of a banner over Sunset Drive
to promote the 8:h Annual Fairchild Tropical Garden
Orchid Festival a fund raising event to be
gardens March 12 -14, 2010; providing for
date.
(Acting City Manager)
45 -10 -13079
CITY COMMISSION MINUTES 9
March 2, 2010
held at the
an effective
3/5
7. A Resolution of the Mayor and City Commission
City of South Miami, Florida, urging the
Congressional Delegation to support the Jobs f
Street Act, which is known as the HR 2847 Jok
and providing for an effective date.
(Acting City Manager)
Moved by Commissioner Beasley, seconded
Palmer, the motion to approve the Consent Agenda
vote:
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
(END OF CONSENT)
RESOLUTION (S)
8. A Resolution of the
City of South Miami,
the City Attorney to
to discus
providing
the
in
in
(Cont'd)
of the
Florida
:)r Main
s Bill;
3/5
by Commissi
passed by a
Yea
Yea
Yea
Yea
Yea
46 -10 -13080
10 a
Mayor and City Commission of the
Florida, authorizing the Mayor and
meet with the Acting City Manager
his employment for a one -year
an effective date,
(Vice Mayor Newman)
period; and
Moved by Commissioner Beasley, seconded by Mayo
motion to add this item on the agenda passed by a
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
Vice Mayor Newman
explained that there
place a permanent city manager in order
the City,
directors. She
that the
period of
particularly after the loss
then said that for
Mayor and th.e City Atto
one year with the City
Yea
Yea
Yea
Yea
Yea
3/5
one r
5 -0
r Stoddard,
5 - 0 vote •
I
s urgency
to have some
of a few
this reason she
is re
rney negotiate a
Manager. Mr. Car
CITY COMMISSION MINUTES 10
March 2,'2010
in putting
stability
department
commending
contract
lton has
for a
shown
du
le
re
th
th
ring
ad in
-eva
at t
e ne
his tenure with th
g the City for the n
luate their decision
.he City Manager will
gotiation will be con
Attorney with the City Manager. She said that the twelve -month
period is to begin with the date of the contract.
e City that he is quite capable of
ext twelve months, and that they can
at the end of that period. She said
not lobby any Commissioner and that
ducted only by the Mayor and the City
a
Commissioner Palmer said that the traditional way to select
city manager has been through a selection committee that
brought recommendations to the
not being done correctly
Mayor not to be involved
vote in the process.
Mayor Stoddard
has the advantage
negotiating team.
said
of
Commissioner Beasley
negotiated with the prior
said that this is to move
amend the proposal as the
that it is brought
and
with
that
putt
forward
Mayor Stoddard
Commission. She said that this is
she further recommended for the
the negotiations because he has a
including him in the negotiations
ing an elected person into the
said that
in the past the Commission
city manager on an individual basis. He
the City forward and the Commission may
result of the negotiations at the time
and presented to them.
said that
everyone would be happier with
he
an
understands that in general,
open search that would allow
for residents' input. At the same time,
budget coming up and
need to
now.
allo
He
wed .
we have a pers
handle this professi
also indicated that
Vice Mayor Newman
of eliminating public i
With
passed by
some
a 4 -1
onally
public
on with
and we
I
nput
he added, we have a
unusual experience; we
need to handle it right
on this matter will be
said that this is not with the intention
nput; this is just starting a process.
further comments, the motion to approve this item
vote :
Comm]. s
Vice M
Commis
Commis
Mayor
s
a
s
s
S
ioner Pal
yor Newma
loner Bea
I
oner Har
toddard:
9. A Resolution of the Mayor and
City of South Miami , Florida,
committees; appointing Yvonne
CITY COMMISSION MINUTES
March 2, 2010
11
mer:
n•
s ley :
r .i s
Nay
Yea
Yea
Yea
Yea
City Commission of
relating to boards
Beckman to serve on
the
and
the
Charter Review
ending March 1,
Committee for
2011; and prov
(Commissioner
a period of one year,
idinq an effective date.
Harris) 3/5
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
Mayor Stoddard said that before they continue to make
appointments, he would like to recommend that they have a
workshop to discuss the process by which they will be appointing
citizens to the boards, and also to be able to review all of the
applications. For these reasons he then recommended deferring
this item until they have a workshop on this issue.
Vice
until they
and Mayor
be meet
of the
Mayor
get a
Newman recommended putting
chance to restructure it
on hold the Committee
and provide direction,
Stoddard concurred. Mr. Carlton then said that he will
ing with the Cha
it of the Committee to convey the message
Commission since they have done a lot of work already.
Moved
the motion
by Commissioner Harris, seconded by Mayor Stoddard,
to defer this item passed by a 5 -0 vote:
Comm iss
Vice Ma
Comm iss
Comm 18 s s
Mayor S
i
Y
i
i
t
w
w
w
w
ner P
r New
ner B
ner H
ddard
a
M
e
a
lm
an
as
rr
e
1
i
r•
ey4
s•
Moved by Commissioner Beasley, seconded
Newman, the motion to extend the meeting for
11:00 p.m. passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
47 -10 -13081
Yea
Yea
Yea
Yea
Yea
by Vice Mayor
30 minutes of ter
Yea
Yea
Yea
Yea
Yea
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the procedure
for transmitting resolutions, urging the State or
Federal legislators to act on behalf of the City;
providing an effective date. 3/5
(Mayor Stoddard)
CITY COMMISSION MINUTES 12
March 2, 2010
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to approve this item with few comments passed by a 5 -0
vote*
Commissioner
Vice Mayor Ne
Commissioner
Palmer:
wman:
Beasley:
Commissioner Ha
Mayor Stoddard.
rris.
Yea
Yea
Yea
Yea
Yea
11. A Resolution of the Mayor and City Commission of the
City of South Miami , Florida, authorizing the City
Attorney to verify that Article II , Section 6.1 of the
City' s Charter conforms with the amendment adopted by
voters on November 4 2008o and providing an effective
date. 3/5
Moved
Harris to
by Commiss
approve this
(Commissioner Harris)
loner
item.
Beasley,
Commissioner Harris said that
is for clarification and for the
overwhelmingly passed the Charte
development much
the Commission.
Moved
Beasley, the
more difficult by
by Commi s s i one r
seconded
the purpose
benef it of
r amendment
requiring a
Harris, seconded
motion to defer this item passed by
by Commissioner
of this resolution
the residents who
making excessive
five -fifth vote of
12. A Resolution
City of South
provide legal
Commissioners
performance
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
by Commissioner
a 5 -0 vote:
Yea
Yea
Yea
Yea
Yea
of the Mayor and City Commission
It Florida, authorizing the
representation for the Mayor
of the
Ci ty to
on any matter arising out of
. . .
and /or
their
of his /her official duties as a duly
elected official of the City; and providing
effective date.
(Mayor Stoddard)
(This item was withdrawn from the agenda)
CITY COMMISSION MINUTES
March 2, 2010
48 -10 -13082
13
an
3/5
r�
Moved by Commissioner Beasley, seconded by Mayor Stoddard,
the motion to approve this item with few comments passed by a 5 -0
vote*
Commissioner
Vice Mayor Ne
Commissioner
Palmer:
wman:
Beasley:
Commissioner Ha
Mayor Stoddard.
rris.
Yea
Yea
Yea
Yea
Yea
11. A Resolution of the Mayor and City Commission of the
City of South Miami , Florida, authorizing the City
Attorney to verify that Article II , Section 6.1 of the
City' s Charter conforms with the amendment adopted by
voters on November 4 2008o and providing an effective
date. 3/5
Moved
Harris to
by Commiss
approve this
(Commissioner Harris)
loner
item.
Beasley,
Commissioner Harris said that
is for clarification and for the
overwhelmingly passed the Charte
development much
the Commission.
Moved
Beasley, the
more difficult by
by Commi s s i one r
seconded
the purpose
benef it of
r amendment
requiring a
Harris, seconded
motion to defer this item passed by
by Commissioner
of this resolution
the residents who
making excessive
five -fifth vote of
12. A Resolution
City of South
provide legal
Commissioners
performance
Commissioner Palmer.
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
by Commissioner
a 5 -0 vote:
Yea
Yea
Yea
Yea
Yea
of the Mayor and City Commission
It Florida, authorizing the
representation for the Mayor
of the
Ci ty to
on any matter arising out of
. . .
and /or
their
of his /her official duties as a duly
elected official of the City; and providing
effective date.
(Mayor Stoddard)
(This item was withdrawn from the agenda)
CITY COMMISSION MINUTES
March 2, 2010
48 -10 -13082
13
an
3/5
13. A Resolution of the Mayor and City
City of South Miami, Florida,
Commission of the
authorizing the City
Manager to issue a purchase order
Visual Solutions for installation of
Medial Channel Encoder. in order for
to Xerox Audio
a V -brick Windows
AT &T U -Verse to
transmit the City Channel 77 as part of their regular
schedule, as per AT &T engineering documentation
requirements, charging Video Encoder and installation
in the amount of $9,197.00 to account 001- 2100 -519-
9920, entitled General Contingency, with a current
balance of $36,546.89* providing for an effective
date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard to
approve this item.
Mayor Stoddard requested information as to
in South Miami are currently using AT &T U- Verse.
how many people
Mr. Carlton said that after being asked the
before, he went ahead and contacted AT &T to find
corporate policy they do not release the number
because that would give competitive information
then said that by going on U- Verse, we will be the
same question
out that as a
of subscribers
to others. He
first city in
Miami -Dade County, including the County; in addition, by going on
U- Verse, everybody in the surrounding counties will be able to
access our meetings .
they had been able
$9,200 and that the r
He said that after negotiations with AT &T
to bring the cost of
ecurrent charge will be
I
nstallation down to
$3,600 a year.
With some further comments, the motion to approve this item
passed by a 5-O vote :
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris.
Mayor Stoddard.
Yea
Yea
Yea
Yea
Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (8)
(NONE)
RESOLUTION (S) PUBLIC HEARING (S)
CITY COMMISSION MINUTES 14
March 2, 2010
(NONE)
ORDINANCE (S) FIRST READING PUBLIC NEARING (S)
14. An Ordinance of the Mayor and the City Commi s s ion of
the City of South Miami, Florida, adopting the
Evaluation and Appraisal Report (EAR) Based Text
Amendments to the South Miami Comprehensive Plan; the
amendments are to the goals, objectives, and policies
for the following Comprehensive Plan Elements: Future
Land Use; Transportation; Housing; Infrastructure;
Conservation;
governmental
providing for
providing an
Moved
Harris to
mod
dif
the
"Re
mod
uni
i
f
s
i
t
Mr.
f ied
erent
ne
*dent
fied
s per
Recreation and Open Space; Inter -
Coordination; and Capital Improvements;
severability, ordinances in conflict, and
effective date. 4/5
(Commissioner Beasley)
by Commissioner
approve this item.
Youkilis presented
ordinance to adopt
from the
a Future
ial /Limitec
to reduce
acre versL
Beasley, seconded by Commissioner
this item explaining that this is a
the revised EAR; this ordinance is
ordinance considered in January 2010
Land
Commercial
Use Map
District
the residential town
six units per acre.
category
in that
entitled
(Two Story) " has been
house density to five
At this time the public hearing was opened.
Rodney Williams, SMCRA Board Member
by referring to the Madison Square prof
document would affect the project.
Mr.
project
16 -17 of
addressed the Commission
ect and how this amended
Youkilis explained that the provision referring to
was taken out of the document in 2009 as shown on
this document.
Mayor Stoddard explained that there
that could be imposed on the City for not
however, we have the opportunity twice a
to the EAR. Therefore, at
for Madison Square, there
would prevent putting in
allow for that project to
CITY COMMISSION MINUTES
March 2, 2010
such time when
are a
moving
year t
we get
. •
that
pages
lot of penalties
the EAR forward;
o make amendments
a good proposal
is absolutely nothing in our way that
place a land use category that would
go forward.
15
Ir
(NONE)
ORDINANCE (S) FIRST READING PUBLIC NEARING (S)
14. An Ordinance of the Mayor and the City Commi s s ion of
the City of South Miami, Florida, adopting the
Evaluation and Appraisal Report (EAR) Based Text
Amendments to the South Miami Comprehensive Plan; the
amendments are to the goals, objectives, and policies
for the following Comprehensive Plan Elements: Future
Land Use; Transportation; Housing; Infrastructure;
Conservation;
governmental
providing for
providing an
Moved
Harris to
mod
dif
the
"Re
mod
uni
i
f
s
i
t
Mr.
f ied
erent
ne
*dent
fied
s per
Recreation and Open Space; Inter -
Coordination; and Capital Improvements;
severability, ordinances in conflict, and
effective date. 4/5
(Commissioner Beasley)
by Commissioner
approve this item.
Youkilis presented
ordinance to adopt
from the
a Future
ial /Limitec
to reduce
acre versL
Beasley, seconded by Commissioner
this item explaining that this is a
the revised EAR; this ordinance is
ordinance considered in January 2010
Land
Commercial
Use Map
District
the residential town
six units per acre.
category
in that
entitled
(Two Story) " has been
house density to five
At this time the public hearing was opened.
Rodney Williams, SMCRA Board Member
by referring to the Madison Square prof
document would affect the project.
Mr.
project
16 -17 of
addressed the Commission
ect and how this amended
Youkilis explained that the provision referring to
was taken out of the document in 2009 as shown on
this document.
Mayor Stoddard explained that there
that could be imposed on the City for not
however, we have the opportunity twice a
to the EAR. Therefore, at
for Madison Square, there
would prevent putting in
allow for that project to
CITY COMMISSION MINUTES
March 2, 2010
such time when
are a
moving
year t
we get
. •
that
pages
lot of penalties
the EAR forward;
o make amendments
a good proposal
is absolutely nothing in our way that
place a land use category that would
go forward.
15
Beth Schwartz urged the Commission
so that we can
Square project.
move forward and then w
to approve this ordinance
e can work on the Madison
With no further speakers, the public hearing was closed.
Commissioner Beasley said that this EAR document is way
overdue and that we need to move our City forward and prevent
getting sanctions for not acting. This is also important in order
to start with the next EAR, and he asked the Commission for their
support.
Commissioner Harris said that during his campaign he
promised that he would work to get the Madison Square project off
the ground but that he would vote for the EAR process first.
Commissioner Palmer said that she attempted several times to
compromise during the several times that the EAR came before the
Commission. She said that when the EAR failed for the last time
in January 2010, she instructed the City-Manager to prepare a new
compromise for the Commission
request was completely ignored.
to work on. She said that her
She added that she will continue
to maintain her position and that she would not vote for the EAR
unless the Madison Square project is included in the document.
Vice Mayor Newman said that she has said enough about this
matter and that she is supporting it.
Mayor Stoddard said that he is entirely in favor of
the Madison Square project back on track but that he does
that the EAR is the biggest
believes that the land
project work is someth
that this will not
hurdle at this point. He said
use category
ing that they
get in the way.
getting
not see
that he
that they need to make that
can add in an amendment and
Commissioner Beasley said that they all
Square project to become a reality and that he
on the second reading of this item.
want
will
the Madison
be speaking
With no further comments, the motion to approve this item
passed by a 4 -1 vote.
Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley.
Commissioner Harris.
Mayor Stoddard.
CITY COMMISSION MINUTES 16
March 2, 2010
Nay
Yea
Yea
Yea
Yea
UNFINISHED BUSINESS
ORDINANCE (S) FIRST READING
15. An ordinance of the Mayor and City Commi s s ion of the
City of South Miami, Florida, relating to amendments
to Land Development Code: Section 20 -2.3 entitled
"Definitions" in order to provide a definition of
"Liquor Store" ; Section 2 0 -3.3 (D) entitled "Permitted
Use Schedule" in order to change drinking place and
liquor store from a Permitted use in commercial zoning
use districts to a Special use in commercial zoning
use districts; Section 20 -3.4 entitled "Special use
conditions" in order to provide regulations allowing
for a revocation of a special use approval; providing
for severability; providing for ordinances in
conflict; and providing for an effective date.. 3/5
(Acting City Manager)
END OF UNFINISHED BUSINESS
16. An Ordinance of the Mayor and City Commi s s ion of the
City of South Miami, Florida amending the South Miami
Code of Ordinances Chapter 15, Article III by creating
a new Section 15 -101 entitled "Prohibition of right -of-
way vendors, peddlers and solicitors on certain roads";
and Section 15 -102 "Aggressive or Obstructive
Panhandling Prohibited" ; limiting right-of-way vendors
and solicitors on certain City roadways and
intersections; prohibiting aggressive panhandling
citywide ; providing for severabi 1 i ty ; providing for
ordinances in conflict; and providing for an effective
date. 3/5
(Acting City Manager)
(This item was withdrawn from the agenda)
There being no further business to come before this Body,
the meeting adjourned at 11:28 p.m.
Attest
CITY COMMISSION MINUTES
March 2, 2010
17
Approved