09-01-09 Minutes1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Da
City of South Miami
Regular City Commission Minutes
September 1, 2009
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, September 1, 2009, beginning at
7:38 p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
Also in attendance were: City Attorney Eve Boutsis, City
Clerk Maria M. Menendez and City Manager Ajibola Balogun.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
(NONE)
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes.of Auqust 4, 2009
Moved by Mayor Feliu, seconded by Commissioner Palmer, the
motion to approve the minutes of August 4, 2009 passed by a 5 -0
vote:
CITY COMMISSION MINUTES
September 1. 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
1
playt!
1 2. City Manager's Report (25 minutes)
2
3 • Update Murray Park Swimming Pool Facility Project. A
4 workshop for this project was proposed and was
5 scheduled for September 29, 2009 at 6:00 p.m.;
6 • Target Community Grant Funding Update;
7 • Informational Report on University of Miami
8 Student Project;
9 • Modifications of adopted Master Site Plan for Red Road
10 Commons. Commissioner Sellars expressed concern
11 regarding the impact on parking spaces that the
12 proposed change or adjustment to the adopted Master
13 Site Plan would have. Clarification regarding expressed
14 concerns about any possible deficit on parking spaces
15 will be included in an agreement;
16 (Vageline /Sellars /Boutsis)
17 • Clarification of the voting requirements of the City
18 Commission regarding approval of the EAR based Text
19 Amendments. A Revised Memo was distributed to the
20 Commission tonight with a summary of the voting
21 requirements.
22 • Communication with FPL regarding transmission lines
23 routes was discussed; (Beasley /Balogun)
24
25
26 At this time Commissioner Newman moved to bring back item
27 no. 21 on the agenda (tabled 8/20/09) , relating to the
28 appointment of a law firm to act as interim city attorney.
29 Seconded by Vice Mayor Beasley.
30
31 Mayor Feliu said that the Commission had already made a
32 decision as to a course of action to table the item and proceed
33 with an RFP. He said that his decision has not changed.
34
35 Commissioner Newman said that in her view, the special
36 meeting of August 31, 2009 was not conducted according to the
37 mandates of the Charter or the City Code. Therefore, bringing
38 this item back at this time is in an effort to correct that
39 situation.
40
41 Commissioner Sellars asked as to what impact the action of
42 bringing this item back would have with regard to the ongoing
43 RFP.
44
45 Mr. Balogun said that there could be protests on the part of
46 the applicants who have already responded to the RFP.
47
CITY COMMISSION MINUTES
September 1, 2009
E
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Da
With some further comments, the motion to approve bringing
back item no. 21 on the table, and bringing the item to the front
of the agenda passed by a 3 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Nay
Moved by Commissioner Newman to allow Mr. Feingold to
distribute his resume and proposed contract to act as interim
city attorney. Seconded by Vice Mayor Beasley, the motion passed
by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
The Mayor announced a ten - minute recess at this time.
RESOLUTION (S)
139 -09 -12948
4. A RESOLUTION OF. THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPOINTING LAW FIRM TO
ACT AS INTERIM CITY ATTORNEY; APPROVING CONTRACT FOR
INTERIM LEGAL SERVICES PROVIDED BY INTERIM CITY
ATTORNEY AND LAW FIRM; PROVIDING AN EFFECTIVE DATE. 3/5
(Commissioner Newman)
Moved by Commissioner Newman, seconded by Vice Mayor Brian
Beasley to approve this item.
In presenting this item, Commissioner Newman said that we
need to broaden our search for a permanent city attorney by
advertising in key newspapers such as the Florida Bar News; this
is a very important position, and taking our time is best for the
citizens.
At this time Mr. Feingold addressed the Commission. He said
that he has been a resident of the City for the past nine years
CITY COMMISSION MINUTES
September 1, 2009
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
PT29
and that he has not been in contact with any member of the
Commission. Prior to moving to South Miami he served as city
attorney for the City of Miami Beach, and prior to that he served
on the Zoning Board for five years, and prior to that he was on
the Visiting Convention Authority for another five years.
Therefore, he said that he has a total of about fifteen active
years of municipal law. He then referred to his colleague Mark
Goldstein who had worked with him, for three and a half years in
the City of Miami Beach, and then went to serve as city attorney
for the City of Hallandale. He then said that he will not be
interested in the permanent position. He, also said that he will
be working as an in -house city attorney, requesting an office
space within City Hall.
The Commission at this time discussed the issue of the RFP
process and the hiring of the interim city attorney.
At this time Vice Mayor Beasley moved to amend the
resolution to provide hiring the service of Mr. Feingold as
interim city attorney for one month at a time, with the
understanding that this could be extended as need be. Seconded by
Commissioner Newman, the motion passed by a 4 -1 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Moved by Commissioner Newman to amend the resolution, to
replace the language of "law firm" with "Laurence Feingold," and
with "Mark A. Goldstein, assistant city attorney" all throughout
the resolution as applicable. Seconded by Vice Mayor Beasley.
Commissioner Palmer raised the concern of incurring in
additional costs by providing the interim city attorney with an
office.
With some further comments, the motion to approve the above
amendment and the resolution as a whole passed by a 4 -1 vote:
CITY COMMISSION MINUTES
September 1, 2009
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
0
I
:Ixt
1
2 3. City Attorney's Report (15- minutes)
3 (NONE)
4
5
6 PUBLIC REMARKS
7 (5- minutes)
8
9 David Tucker Sr. referred to a resolution relating to ethics
10 which he requested for the Commission to bring forward.
11
12 Yvonne Beckman with regard to the hiring of an interim city
13 attorney said that having new professionals looking at our issues
14 is a good thing; she then urged the Commission against the item.
15 on the agenda relating to the appointment of Mr. Proctor to the
16 Charter Review Committee because he is a zoning attorney which
17 would be in conflict with the interests of the residents of the
18 City.
19
20 Bob Welsh said that some of the ways to save attorney's fees
21 could be by having public remarks, invocation and pledge of
22 alliance before the attorney comes in; also, not allowing the
23 attorney to charge for conversations with private citizens. He
24 also recommended the rollover -hours concept such as the cell
25 phone companies, rolling unused hours from month to month.
26
27 Walter Harris spoke against the expenditure for the item on
28 the agenda relating to the consulting services study for the
29 alternate FPL transmission line corridor report application. He
30 also recommended against the appointment of Mr. Proctor for the
31 Charter Review Committee.
32
33 Claudia Hauri also spoke against the appointment of Mr.
34 Proctor. She then volunteered to be on the Charter Review
35 Committee.
36
37 Donna Shelley referred to the firing of the city attorney,
38 saying that she had asked for an explanation from the Commission
39 through an email. This costs us money, she said.
40
41 Beth'Schwartz reminded everyone about a meeting to be held
42 the next day by FPL.
43
44 Janet Launcelott said that she does not see any of the
45 concerns with the businesses and development at the Charter
46 Review Committee level; she said that it is not easy to find too
47 many people willing to serve on these committees.
48
CITY COMMISSION MINUTES 5
September 1, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
..
BT29 ri
Eda Harris also spoke against Mr. Proctor's appointment to
the' Charter Review Committee. She then spoke about a neighbor
living on 74th Street and 59th Place who is being bothered by
noise coming from Foxes. She also referred to the construction
site next to her studio, that stopped working and heavy equipment
is being stored on the street.
With no further speakers the public remarks section was
closed.
At this time all items, except for no. 18, were pulled from
the Consent agenda.
Commissioner Sellars explained that the reason for pulling
almost .:all of the items pertaining to board appointments was to
allow the applicants to. submit updated application to the City
Clerk.
CONSENT
140 -09 -12949
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING EDNA K. DAVIS TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley,
the motion to approve the Consent Agenda passed by A 5 -0 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
The following item was moved up
Commissioner Palmer.
CITY COMMISSION MINUTES
September 1, 2009
0
Yea
Yea
Yea
Yea
Yea
at the request of
i ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
LAND USE MAP CATEGORY ENTITLED "NEIGHBORHOOD CENTER /
MIXED USE DISTRICT" WHICH AMENDMENT WOULD ALLOW FOR THE
IMPLEMENTATION OF PLANS FOR THE MADISON SQUARE PROJECT;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. $5/5
(Commissioner Palmer)
Moved by Mayor Feliu, seconded by Vice `Mayor Brian Beasley
to approve this item.
Mr. Youkilis presented this item, explaining that the
purpose of the proposed ordinance, under the direction of
Commissioner Palmer, is to move forward the Madison Square
project by creating a compromise which will allow implementation
of the project, by proposing 30 unit - per -acre maximum in place of
60 units per acre, and the geographic delineation limiting the
use of this proposed land use category to the Madison Square
project area.
Commissioner Palmer spoke about the background leading to
this new attempt to move the Madison Square forward by providing
a compromise with the. reduction of the amount of units per acre.
It is also very important to resolve this issue so that the City
may finalize the EAR process. She said that she would welcome any
member of this Commission who would like to co- sponsor this, as
long as they can complete a final document.
At this time the public hearing was opened.
Yvonne Beckman said that the new attorneys should be allowed
to take a look at the document and see what else can be done. She
expressed concern about the possibility of having other high
density buildings near her home. She also said that she would
like to see a referendum on this.
r
Beth Schwartz said that this is the issue that is holding
the EAR. She said that this is spot zoning, and that once this is
on the books any good attorney can claim that the same density
can be applied in another area.
CITY COMMISSION MINUTES 7
September 1, 2009
Isayt
1
2 Claudia Hauri said that she was involved and worked very
3 hard on the EAR report and that she does not want to see it
4 changed.
5
6 David Tucker said that the longer it takes to be resolved
7 the harder it will be. He urged the Commission to bring this
8 matter to a conclusion.
9
10 With no further speakers the public hearing was closed.
11
12 Mayor Feliu said that he would like to go with the Planning
13 Board's recommendation for 40 units which would be a good
14 compromise to make something happen there and make it feasible at
15 the same time.
16
17 Commissioner Sellars asked about the size of the lots, and
18 CRA Director David explained. The proposed boundaries and
19 increase in density was also discussed.
20
21 Vice Mayor Beasley expressed concern, saying that by
22 allowing a number higher of 24 units is to make our code less
23 restrictive outside of the TODD district where we now allow a
24 certain maximum density. He warned that once it goes on record
25 and into the document, anyone can apply for the same category in
26 another location within the City.
27
28 Moved by Mayor Feliu to amend the proposed ordinance to
29 change the amount of units allowed from 30 to 40. The motion died
30 for lack of a second.
31
32 Commissioner Palmer said that at this time she prefers 30
33 units than having nothing; she added that if this is not sent to
34 DCA as a complete document, we will never see Madison Square, and
35 that she will never agree to anything that is not a complete
36 document. She also said that developing that property will be
37 beneficial for the entire City.
38
39 With some further comments, the motion to approve this item
40 failed by a 3 -2 vote:
41
42
Commissioner Palmer:
Yea
43
Vice Mayor Beasley:
Nay
44
Commissioner Newman:
Nay
45
Commissioner Sellars:
Yea
46
Mayor Feliu:
Yea
47
CITY COMMISSION MINUTES 8
September 1, 2009
41alfftl
1
2 RESOLUTION (S)
3 (CONrD)
4
5 141 -09 -12950
6 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ti
7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
8 COMMITTEES; RE- APPOINTING JANET F. LAUNCELOTT TO SERVE
9 ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
10 ENDING AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE
11 DATE. 3/5
12 (Mayor Feliu)
13
14 Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
15 to approve this item.
16
17 This item had been pulled from the Consent because the
18 application to the board was an outdated one. Dr. Launcelott then
19 presented an updated application at the meeting, leading to the
20 approval of the re- appointment.
21
22 With no further comments, the motion to approve this item
23 passed by a 5 -0 vote:
24
25 Commissioner Palmer: Yea
26 Vice Mayor Beasley: Yea
27 Commissioner Newman: Yea
28 Commissioner Sellars: Yea
29 Mayor Feliu: Yea
30
31
32 142 -09 -12951
33 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
34 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
35 MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT
36 AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY
37 AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC
38 CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING
39 THE AMOUNT OF FUNDING FROM $556,911.00 TO $756,911.00;
40 AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
41 (City Manager)
42
43 Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
44 to approve this item.
45
CITY COMMISSION MINUTES 9
September 1, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
lxaTt!
Mr. Balogun explained that this funding is solely intended
for the construction of the pool and that this is a reimbursement
award, they do not give us the money until we start working on
the project.
With no further comments, the motion to approve. this item
passed by a 5- 0'vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars:- Yea
Mayor Feliu: Yea
143 -09 -12952
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO CODA ROOFING, INC.
FOR THE INSTALLATION OF A NEW ROOF AT THE PUBLIC WORKS
MOTOR POOL FACILITY LOCATED AT 4795 SW 75TH AVENUE IN
AN AMOUNT OF $22,900.00 TO BE CHARGED TO MAINTENANCE
CONTRACTUAL ACCOUNT NUMBER 001 - 1760 - 519 -3450; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
and Commissioner Palmer to approve this item.
Vice Mayor Beasley said that he wanted to make sure that
both, this and the next item are in the CIP program and that they
have also been budgeted for.
Mr. Balogun said that this is something that Public Works
has prepared as an emergency to have those repairs so that there
would be no safety issue with anyone working there. He explained
that these are under the CIP program; however, in some instances
things like these come earlier than anticipated.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
September 1, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
BTEVV
144 -09 -12953
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE
A PURCHASE ORDER TO CODA ROOFING, INC. FOR THE INSTALLATION
OF NEW ROOFS AT THE DANTE FASCELL PARK PAVILIONS LOCATED AT
8500 SW 57TH AVENUE IN AN AMOUNT OF $9,700.00 TO BE CHARGED
TO PARKS MAINTENANCE CONTRACTUAL ACCOUNT NUMBER 001 -1750-
519 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Commissioner Palmer, seconded by Vice Mayor Brian
Beasley to approve this item.
The--clarification to the previous item applied to this item
as well..
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
145 -09 -12954
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH BARBABA ACKER IN
THE AMOUNT OF $6,000.00 FOR PARADE PLANNING SERVICES
FOR THE SANTA'S PARADE OF THE ELVES TO BE CHARGED TO
ACCOUNT NUMBER 001- 2100 - 519 -9910; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
Moved by Vice Mayor Brian Beasley, seconded by Mayor Feliu
to approve this item.
Mr. Balogun explained that it would not be cost effective to
have staff do this in -house because it would take more than one
person to handle it.
Commissioner Newman questioned as to why we need to hire a
consultant to do this parade when we do not have a consultant to
do the Martin Luther King parade or the 4th of July celebration.
She also said that the fees last year were $11,000 and not $6,000
CITY COMMISSION MINUTES 1 1
September 1, 2009
lxaTt�
1 as projected, plus the cost of the parade which ended costing
2 $17,000.
3
4
Mr. Balogun explained that this is
totally a different
5
planning process compared with the 4th
of July. He also
6
emphasized that it would not go over the proposal
of $6,000. He
7
then explained that the $6,000 will come from the $10,000 which
8
will be allocated -for the whole project.
9
10
At this time Commissioner Newman moved
to extend the meeting
11
passed 11:00 p.m. Seconded by Vice Mayor
Beasley, the motion
12
passed by a 4 -1 vote:
13
14
Commissioner Palmer:
Nay
15
Vice Mayor Beasley:
Yea
16
Commissioner Newman:
Yea
17
Commissioner Sellars:
Yea
18
Mayor Feliu:
Yea
19
20
21
Commissioner Palmer said that the Parade of the Elves is a
22
complicated project to be put together and
that Ms. Acker should
23
be paid for doing'it.
24
25
Moved by Commissioner Newman to remove
paragraph VII on page
26
2 of the contract. Seconded by Vice Mayor
Beasley the motion
27
passed by a 3 -2 vote:
28
29
Commissioner Palmer:
Nay
30
Vice Mayor Beasley:
Yea
31
Commissioner Newman:
Yea
32
Commissioner Sellars:
Yea
33
Mayor Feliu:
Nay,
34
35
36
With some.further comments, the motion
to approve this item
37
as amended passed by a 5 -0 vote:
38
39
Commissioner Palmer:
Yea
40
Vice Mayor Beasley:
Yea
41
Commissioner Newman:
Yea
42
Commissioner Sellars:
Yea
43
Mayor Feliu:
Yea
44
45
46
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
47
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
48
FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
CITY COMMISSION MINUTES 12
September 1, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
llaTt-
MONTALVO, P.A. IN THE AMOUNT OF $14,683.35; CHARGING
$14,683.35 TO ACCOUNT NO. 001 - 1500 - 514.34 -10; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
to approve this item.
Vice Mayor Beasley said that he pulled this item because he
wanted to go over some of the fees with Mr. Figueredo but that
had not been possible before this meeting because Mr. Figueredo
was on vacation.
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to defer this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
13. A RESOLUTION OF THE MAYOR AND
CITY OF SOUTH MIAMI, FLORIDA,
COMMITTEES; APPOINTING JERRY B.
CHARTER REVIEW COMMITTEE FOR
ENDING AUGUST 31, 2010; AND
DATE.
CITY COMMISSION OF THE
RELATING TO BOARDS AND
PROCTOR TO SERVE ON THE
A PERIOD OF ONE YEAR,
PROVIDING. AN EFFECTIVE
3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
to approve this item.
Commissioner Newman pulled this item in order to refer to a
provision in the Code of Ordinances which prohibits lobbyists to
serve on board and committees, and Mr. Proctor is a registered
lobbyist with the City.
Counselor Boutsis recommended deferral to allow for further
research.
Mayor Feliu said that the only reason that he wanted to see
Mr. Proctor on that committee is because of his expertise, and
just because of the fact that he has been paid to represent
different developers or projects it does not mean that he will
not be working towards the interests of the taxpayers since he is
also a resident of the City.
CITY COMMISSION MINUTES 13
September 1, 2009
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
B T2q`
Moved by Mayor Feliu, seconded by Commissioner Palmer, the
motion to defer this item passed by a 5 -0 vote:
Commissioner. Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING PINKY SANDS TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
to approve this item.
The Mayor explained that this and the rest of the items
relating to board appointment will be deferred to, allow the
applicants to submit new applications.
Moved by Mayor Feliu to defer this item, seconded by Vice
Mayor Beasley,.the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MICHAEL ELDER TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu to defer this item, seconded by
Commissioner Palmer, the motion passed by a 5 -0 vote:
CITY COMMISSION MINUTES
September 1, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Commissioner Sellars
Mayor Feliu:
16. A RESOLUTION OF THE MAYOR AND
CITY OF SOUTH MIAMI, FLORIDA,
COMMITTEES; RE- APPOINTING MARK
THE COMMUNITY RELATIONS BOARD
ENDING AUGUST 31, 2011; AND
DATE.
PT29 (1
Yea
Yea
CITY COMMISSION OF THE
RELATING TO BOARDS AND
A. HEBERT TO SERVE ON
FOR A TWO YEAR TERM
PROVIDING AN EFFECTIVE
3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Commissioner Sellars to
approve this item.
Moved by Mayor Feliu to defer this item, seconded by
Commissioner Sellars, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING JOYCE M. PRICE TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu to defer this item, seconded Vice Mayor
Beasley, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING LILLIE HARRIS TO SERVE ON THE
CITY COMMISSION MINUTES
September 1, 2009
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Da
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu to defer this item,. seconded by Vice
Mayor Beasley and Commissioner Sellars, the motion passed by a 5-
0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING ANITA J. JENKINS TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
t
Moved by Vice Mayor Beasley to defer this item, seconded by
Mayor Feliu, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING, TO BOARDS AND
COMMITTEES; RE- APPOINTING RODNEY WILLIAMS TO SERVE ON
THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
Moved by Vice Mayor Beasley to defer this item, seconded by
Mayor Feliu, the motion passed by a 5 -0 vote:
CITY COMMISSION MINUTES
September 1, 2009
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
M
Yea
Yea
Yea
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Da
Commissioner Sellars: Yea
Mayor Feliu: Yea
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING TENAJ DAVIS MILWARD TO SERVE
ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
Moved by Commissioner Sellars to defer this item, seconded
by Mayor Feliu, the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING SHARON KENDRICK- JOHNSON TO
SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR
TERM ENDING AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
Moved by Vice Mayor Beasley to defer this item, seconded by
Mayor Feliu, the motion passed by a 5 -0 vote:
Commissioner.Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
146 -09 -12955
23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; OFFICIALLY RE- NAMING TWIN
LAKES DRIVE AS JACK BLOCK DRIVE; AND PROVIDING AN
EFFECTIVE DATE. 4/5
CITY COMMISSION MINUTES
September 1, 2009
(Commissioner Newman)
17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Da
Moved by Vice Mayor Brian Beasley, seconded by Mayor Feliu
to approve this item.
Commissioner Newman said that she spoke with Mr. Block and
that he is very much in favor of this honor.
Moved by Vice Mayor Beasley to amend the resolution to add
the title of "mayor" to the name of the street to read "Mayor
Jack Block Drive ". Seconded by Mayor Feliu, the motion to approve
this item as amended and as a whole passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, PROVIDING THE CITY.
MANAGER TO USE THE NECESSARY AUTHORITY TO USE UP TO
$86,000.00 FROM THE UNDESIGNATED CONTINGENCY CASH
RESERVE FUND TO ISSUE A WORK ORDER TO KIMLEY -HORN AND
ASSOCIATES, INC. (KHA) FOR ENGINEERING CONSULTING
SERVICES FOR THE PREPARATION AND EVALUATION OF AN
ALTERNATE FPL TRANSMISSION LINE CORRIDOR REPORT
APPLICATION WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) IN AN AMOUNT OF
$86,000.00 TO BE CHARGED TO THE PROFESSIONAL
ENGINEERING SERVICES ACCOUNT NUMBER 001 - 1790 - 519 -3100;
PROVIDING FOR AN EFFECTIVE DATE. (Deferred 9101109) 4/5
(City Manager)
Moved by Vice Mayor Brian Beasley, seconded by Mayor Feliu
to approve this item.
Mr. Balogun presented this item, explaining the purpose of
having the proposed engineering consulting services for the
preparation and evaluation of an alternate FPL transmission line
corridor study for application with FDEP.
Vice Mayor Beasley said that
to see whether he could get other
with the funding of this study
interest. Therefore he suggested
future meeting. Counselor Boutsis
to a special meeting.
CITY COMMISSION MINUTES
September 1, 2009
i
he would like to have sometime
municipalities on board to help
since we have the same common
deferring this item to another
recommended deferring this item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26y
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Moved by Vice Mayor Beasley
at a special meeting September 8,
the motion passed by a 5 -0 vote:
D T29 fi
to defer this item to be heard
2009. Seconded by Mayor Feliu,
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXTEND A CONTRACT WITH THE CORRADINO GROUP
FOR THE PURPOSE OF PROVIDING CONTINUING PROFESSIONAL
CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE
DEVELOPMENT AND ADOPTION OF A FUTURE LAND USE MAP
CATEGORY FOR THE SW 62 AVENUE CORRIDOR IN ACCORD WITH
THE RECOMMENDATIONS SET FORTH FOR THE CORRIDOR IN THE
EVALUATION AND APPRAISAL REPORT ADOPTED BY THE CITY ON
JANUARY 6, 2006; PROVIDING THE CITY MANAGER THE
NECESSARY AUTHORITY TO USE UP TO $15,000 FROM THE
UNDESIGNATED CONTINGENCY CASH RESERVE FUND; CHARGING
PAYMENT TO ACCOUNT NO. 01- 1620 - 524 -3450, PLANNING AND
ZONING DEPARTMENT CONSULTANT SERVICES; PROVIDING AN
EFFECTIVE DATE. 4/5
(Vice Mayor Beasley)
Moved by Vice Mayor Brian Beasley, seconded by Mayor Feliu
to approve this item.
Vice Mayor Beasley said that what he would like to do is to
give directions to staff to send this item to the Planning Board.
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to withdraw this item with directions to send it back to
the Planning Board passed by a 5 -0 vote:
Commissioner Palmer:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
Mayor Feliu:
Yea
26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPOINTING THE LAW FIRM
OF TO SERVE AS SPECIAL COUNSEL FOR
CITY COMMISSION MINUTES
September 1, 2009
19
PPA
TEn
1 THE CITY COMMISSION IN THE MATTER OF W. AJIBOLA BALOGUN
2 V. CITY OF SOUTH MIAMI, CASE NO. 09 -43364 CA 01;
3 APPROVING CONTRACT FOR SPECIAL COUNSEL LEGAL SERVICES
4 PROVIDED BY SPECIAL COUNSEL FIRM; PROVIDING AN
5 EFFECTIVE DATE. 3/5
6 (Vice Mayor Beasley)
7
8 Moved by Vice Mayor Brian Beasley, seconded by Mayor
9 Feliu to approve this item.
10
11 Vice Mayor Beasley said that we have some legal cases
12 in the City that need to be resolved. Counselor Boutsis
13 recommended withdrawing this item since the interim city
14 attorneys will be handling the case anyway.
15
16 Moved by Mayor Beasley, seconded by Mayor Feliu, the
17 motion to withdraw this item passed by a 5 -0 vote:
18
19 Commissioner Palmer: Yea
20 Vice Mayor Beasley: Yea
21 Commissioner Newman: Yea
22 Commissioner Sellars: Yea
23 Mayor Feliu: Yea
24
25
26 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
27 (NONE)
28
29
30 RESOLUTION (S) PUBLIC NEARING (S)
31 (NONE)
32
33
34 ORDINANCE (S) FIRST READING
35
36 27. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
37
THE CITY
OF SOUTH MIAMI, FLORIDA RELATING
TO THE FEE
38
SCHEDULE;
AMENDING ORDINANCE 44 -08 -1979 AND
55 -08 -1990
39
AS AMENDED BY ORDINANCES TO, INCREASING
SOME FEES,
40
ADDING NEW FEES AND DELETING SOME FEES
FROM THE
41
SCHEDULE,
PROVIDING FOR SEVERABILITY, ORDINANCES IN
42
CONFLICT,
AND AN EFFECTIVE DATE.
3/5
43
(City Manager)
CITY COMMISSION MINUTES 2 0
September 1, 2009
1
2
3
,4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
BT29
Moved by Mayor Feliu, seconded by Vice Mayor Brian Beasley
and Commissioner Palmer to approve this item.
After a brief discussion regarding some of the fees, the
motion to approve this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
At this time the Commis:
special meeting that had been
September 4, 2009 to select the
an interim city attorney has
decided to cancel the September
>ion discussed the issue of the
previously scheduled for Friday,
new city attorney. However, since
just been hired, the Commission
4th meeting previously scheduled.
Moved by Vice Mayor Beasley to cancel the special meeting
scheduled for Friday, September 4, 2009. Seconded by Mayor Feliu,
the motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Newly hired Interim City Attorneys, Mr. Feingold and Mr.
Goldstein addressed the Commission at this time. The attorneys
made recommendations to the Commission regarding the new proposed
RFP for legal services, explaining that the previous RFP will be
looked at and if revised, it will be brought back before the
Commission for approval.
Each member of the Commission was afforded to make comments.
There being no further business to come before this Body,
the meeting adjourned at 12:06 p.m.
Attest Approved
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
September 1, 2009
21
Horace G. Feliu
Mayor