09-15-09 MinutesDa
1 City of South Miami
2 Regular City Commission Minutes
3 September 15, 2009
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, September 15, 2009, beginning at
9 7:07 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Brian D. Beasley, and,
14 Commissioners Velma Palmer, Valerie Newman and Lew Sellars.
15
16 Also in attendance were: City Attorneys Laurence Feingold
17 and Mark A. Goldstein, City Clerk Maria M. Menendez and City
18 Manager Ajibola Balogun.
19
20 B. Invocation: The invocation was delivered by Mayor Feliu.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentations(s)
26
27 Proclamation to Tim Hardaway
28
29 A proclamation was presented by the Mayor, Vice Mayor and
30 Commissioners to Mr. Hardaway, recognizing him for his
31 outstanding professional career in the, National Basketball
32 Association that endured 14 years.
33
34 South Miami Drug Free Coalition
35
36 Margaret Prinzavalli Sotham, Director of the South Miami
37 Drug -Free Coalition addressed the Commission, by conducting a
38 visual presentation with data from a survey on four key substance
39 use indicators.
40
41 At the conclusion of the presentation, Mayor Feliu
42 emphasized that we need to prevent drug and alcohol abuse,
43 indicating that he would like to start a Mayor's task force to
44 work a little closer with the Coalition, and also to reach out to
45 the schools.
46
CITY COMMISSION MINUTES 1
September 15, 2009
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:I=
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of Auaust 18, 2009
Moved by Mayor Feliu, seconded by Commissioner Palmer, the
motion to. approve the minutes of August 18, 2009 passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Minutes of Auaust 20, 2009
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to approve the minutes of August 20, 2009 passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Officers of the Month
At this time Major Mills presented the Officers of the
Month:
Officer Kevin Lantigua for the months of April and July 2009
Det. Joe Mendez for the month of May 2009
Det. Lisa King for June 2009
In addition, the following Officers of the Month were
presented a special Unit Citation Award:
Detectives Lisa King, Henry Guzman and Michael Weissberg.
Det.'Mike Vargas who was absent, was also awarded.
CITY COMMISSION MINUTES 2
September 15, 2009
Da
2. City Manager's Report (25 minutes)
• Changes to Item #22, relating to the fee schedule —pages
20, 26,27,31 and 32; (red folder information)
• Notice from the County regarding construction project
on SW 62nd Avenue and SW 56th Street, announcing
commencement of the work tentatively 9/22/09 with
tentative completion date of 10/30/09; (red folder
information)
• Town Hall meetings schedule to inform residents about
the H1N1 Swine Flu. The South Miami meeting is
scheduled to take place 10/08/09 in the Commission
Chamber, from 6:00 -7:00 p.m.; (red folder information)
• *Letter from LAZ Parking withdrawing their protest
regarding the RFQ process. Therefore, the City Manager
informed that he would be withdrawing item #2F under
his report; (red folder information)
• Proposed Revised Schedule for Review of Site
Certification Application for FPL; (red folder
information)
• Scheduling & Completion Concern for Construction
Projects with the City (Item 2.a)
• Construction status of 'Office Building' being
developed by Oxford Universal at 5966 South Dixie
Highway. The Commission discussed this issue with
staff, resulting in a motion by Commissioner Newman to
send a letter to the developer stating that when their
permit expires on October 7, 2009, the crane and the
barricade be removed if they have not begun
construction. Mayor Feliu seconded the motion,
concurring with Commission Newman. With some further
discussion, the motion passed by .a 5 -0 vote. (Item 2.b)
• Requested status of renaming street after Mayor Jack
Block. Request was sent to the County for
implementation; (Newman /Balogun)
• Announced unveiling of Cambridge Lawns Historic Marks,
October 10, 2009 at 10:00 a.m., to be advertised on
Channel 77; (Beasley /Balogun)
• Requested status on traffic signals for SW 62nd Avenue
and SW 56th Street. County undergoing study of
modification of signals; (Palmer /Olivo)
• Reported about attendance to Homeless Trust meeting,
informed about charity meters and the 'possibility of
installing some throughout the City. Homeless Awareness
Day will be November 18 -19, 2009. City Manager to look
into it; (Palmer /Balogun)
CITY COMMISSION MINUTES 3
September 15, 2009
BTEq,
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• Regarding Somerset School, seeing children playing on
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the roof. Staff to conduct research. As per the
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original plan, there is an 8 -ft chain link fence
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surrounding the entire perimeter of the roof and they
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have the approval of the School Board. Staff to look
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into details of the plan and report by next meeting;
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(Palmer /Citarella /Balogun)
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• Public Right -of -way Permit for use of crane at 5966 S.
9
Dixie Highway; (Item 2.c)
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• Notice of unveiling of Cambridge Lawns Historic Marks;
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( Item 2 . d)
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• Status of placing the parking restrictions for Red Road
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Common's Minor change into development agreement; (Item
14
2.e)
15 • *Requesting the City Commission to rule on the RFQ
16 Protest submitted by LAZ Parking regarding RFQ#
17 FNO9O3O3. (This item (Item 2.f) was withdrawn by the
18 City Manager)
19
20 At this time, and at the request of Commissioner Palmer, the
21 City Clerk read into the record a letter from Commissioner Palmer
)22 addressed to the Miami Herald.
23
24 With no further comments, the City Manager's Report ended.
25
26
27 3. City Attorney's Report (15 minutes)
28
29 At this time Mr. Feingold referred to the new drafted RFP
30 for the position of a permanent city attorney. He explained the
31 proposed changes to the original RFP: one of the changes pertains
32 to the concept of seeking a full -time city attorney, and that
33 both, an in house city attorney or a law firm will be considered.
34 Then he explained that he added under the guidelines, that any
35 proposal maybe computed either hourly, or on a flat total fee
36 basis akin to a salary position; and, all proposal that quote a
37 flat rate rather than an hourly rate will be given priority.
38
39 Following some discussion among the Commission, the
40 following motion was made.
41
42 At this time Commissioner Sellars moved to amend paragraph 2
43 (d) under the Guidelines of the RFP, to read: Preparation and
44 review of contracts, interlocal agreements, RFQs /RFPs, employment
45 agreements and other documentation. Seconded by Vice Mayor
46 Beasley.
47
CITY COMMISSION MINUTES 4
September 15, 2009
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� a
At this time Commissioner Palmer left the Chamber
momentarily; therefore, voting on the above motion was postponed
until later when the whole Commission would be present.
With no further comments, the City Attorney's Report ended.
PUBLIC REMARKS
(5- minutes)
David Tucker Sr. addressed the Commission regarding the
importance of ethics and moral values.
Eda Harris referred to the crane issue and the danger it
represents since cranes have been repeatedly in the news because
they tend to collapse without any warning. She then cautioned
about possible liability if anyone is injured.
At this time Commissioner Newman referred to Senate Bill 360
and the fact that various municipalities have joined in a class
suit against the Bill. She then directed the City Attorney to
bring back a report to this Commission about what would entail
joining this class suit and whether it is not too late to join.
Michael Kesti addressed the Commission regarding the
stimulus package, saying that the State of Florida has been
earmarked $13.4 billion for the municipalities.
At this time the Commission discussed the possibility of
contracting a lobbyist, and perhaps doing it through an RFP, for
pursuing funds from the stimulus package.
Bob Welsh referred to the South Miami Hospital that is going
before the Special Master to determine whether they are in
violation regarding certain retail spaces.
Walter Harris spoke about the danger of the two nuclear
reactors proposed by Florida Power and Light, which will be even
more dangerous than the proposed transmission lines going through
our City.
Dick Ward referred to our cable provider, saying that a lot
of people now have AT &T U- verse, and asking whether we could
explore this for broadcasting our meetings. Commissioner Newman
said that she had done some research on this, and that she found
that we basically need to ask AT &T to provide our local access
channel. Mr. Balogun said that he will look into it.
CITY COMMISSION MINUTES
September 15, 2009
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BT29
John Edward Smith referred to .charity meters among other
things. He also urged the Chair to enforce the clause at the end
of the agenda as the circumstances may call for it.
With no further speakers the public remarks section was
closed.
.At this time items no. 4, 5, 11, 15 and 20 (now nos. 16, 17,
18 and 20)
CONSENT
147 -09 -12956
4. 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)
148 -09 -12957
5. 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)
149 -09 -12958
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARK A. HEBERT 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)
150 -09 -12959
7. 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)
CITY COMMISSION MINUTES
September 15, 2009
PT2q,
151 -09 -12960
8. 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
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
AUGUST 31, 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
152 -09 -12961
-9. 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)
153 -09 -12962
10. 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)
154 -09 -12963
11. 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)
155 -09- 12964
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, URGING THE FLORIDA
DEPARTMENT OF EDUCATION TO MAINTAIN CURRENT TRAINING
REQUIREMENTS FOR READING TEACHERS OF ENGLISH LANGUAGE
LEARNERS; PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
156 -09 -12965
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
CITY COMMISSION MINUTES 7
September 15, 2009
:Ixayt!
1 PURSUANT TO LAND DEVELOPMENT CODE SECTION 20 -4.3 (N) TO
2 PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
3 TO PROMOTE THE 14TH ANNUAL 5K RUN /WALK RACE FOR THE
4 CURE TO BENEFIT BREAST CANCER TO BE HELD OCTOBER 17,
5 2009: PROVIDING FOR AN EFFECTIVE DATE. 3/5
6 (City Manager)
7
8 -157 -09 -12966
9 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
10 CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
11 PURSUANT TO LAND DEVELOPMENT CODE SECTION 20-4.3(N) TO
12 PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
13 OVER SUNSET DRIVE TO PROMOTE THE CITY'S SAFE STREET
14 HALLOWEEN EVENT TO BE HELD ON OCTOBER 31, 2009:
15 PROVIDING FOR AN EFFECTIVE DATE.. 3/5
16 (City Manager)
17
18 158 -09 -12967
19 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
21 MANAGER TO EXECUTE A GRANT AGREEMENT FOR CONTRACT
22 RENEWAL WITH THE CHILDREN'S TRUST FOR THE AFTER SCHOOL
23 HOUSE IN THE AMOUNT OF $127,938.00; AND PROVIDING FOR
24 AN EFFECTIVE DATE. 3/5
25 (City Manager)
26
27 Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
28 motion to approve the Consent Agenda passed by a 5 -0 vote:
29
30 Commissioner Palmer: Yea
31 Vice Mayor Beasley: Yea
32 Commissioner Newman: Yea
33 Commissioner Sellars: Yea
34 Mayor Feliu: Yea
35
36
37 RESOLUTION (S)
-wool
39 159 -09 -12968
40 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING THE
42 CURRENT MONTH -TO -MONTH CONTRACT WITH LAZ PARKING INC.
43 FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT
44 SERVICES; AND PROVIDING AN EFFECTIVE DATE. 3/5
45 (City Manager)
46
CITY COMMISSION MINUTES 8
September 15, 2009
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Moved by Mayor Feliu, seconded by
approve this item.
D a
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Commissioner Palmer to
The Commission discussed Commissioner Sellars'
recommendation amending the contract.
Moved by Commissioner Sellars to amend 'the contract for a
month -to -month period ending January 31, 2010. 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
The Commission(- further discussed this item and the
possibility of upgrading the parking system.
With some further comments, the motion to approve this item
as amended passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
At this time the Commission resumed the discussion initiated
earlier in this meeting regarding the new RFP for legal services,
and voting on the motion made to amend and approve the proposed
RFP.
While discussing the RFP, the issue of the extension of the
Interim City Attorney came up, and the following motion was made.
Moved by Vice Mayor Beasley, seconded by Commissioner Newman
to extend Interim City Attorney's contract until a permanent city
attorney is hired.
The Commission discussed the above proposed motion, and
Commissioner Palmer said that she wished to establish a
termination date for the Interim City Attorney. After a
discussion on the extension of the Interim City Attorney's
contract, the above motion was withdrawn in order to allow for
the previous motion regarding the RFP to be finalized.
CITY COMMISSION MINUTES 9
September 15, 2009
I ant
1 At this time the question was called on the motion to amend
2 paragraph 2 (d) under the Guidelines of the RFP, .to read:
3 Preparation and review of contracts, interlocal agreements,
4 RFQs /RFPs, employment agreements and other documentation. The
5 motion to approve the RFP as amended passed by a 5 -0 vote:
6
7 Commissioner Palmer: Yea
8 Vice Mayor Beasley: Yea
9 Commissioner Newman: Yea
10 Commissioner Sellars: Yea
11 Mayor Feliu: Yea
12
13
14 160 -09 -12969
15 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE RANKING OF
17 THE SELECTION COMMITTEE AND AUTHORIZING THE CITY
18 MANAGER TO COMMENCE A SEALED BIDDING PROCESS WITH THE
19 THREE QUALIFIED VENDORS FOR THE OPERATIONS, MAINTENANCE
20 AND MANAGEMENT OF THE CITY'S PARKING SYSTEM; AND
21 PROVIDING AN EFFECTIVE DATE. 3/5
22 (City Manager)
23
24 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
25 approve this item.
26
27 Commissioner Sellars asked for further clarification
28 regarding this bid.
29
30 Mr. Balogun explained that with the initial process we asked
31 them to qualify, and at that time, we did not have funding
32 available for the implementation, of a new system. We now have
33 more funding and it would be more economical having a bidding
34 process separately for management, and later we can install the
35 system in- house.
36
37 Commissioner Newman asked for further information as to the
38 cost of the new parking system.
39
40 Commissioner Sellars said that it .'might be in our best
41 interest to ask for both options. He said that he would like the
42 two numbers: one being, what we currently have (the management
43 contract); the other being, the management contract with the
44 installation of the paying display and the meters.
45
46 Moved by Commissioner Sellars to amend Section 2 of the
47 resolution by adding the language furnish and installation.
48 . Seconded by Mayor Feliu, the motion passed by a 5 -0 vote:
CITY COMMISSION MINUTES 10
September 15, 2009
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Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars
Mayor Feliu:
Yea
Yea
Yea
Yea
Yea
At this time Commissioner Newman proposed to further amend
the resolution by deleting Section 3.
Mr. Balogun explained that the reason for having that clause
in is because we went through a qualification process where we
qualified three bidders, and we want to avoid having a contest
from any conflict with the ranking.
Moved by Commissioner Newman, seconded by Vice Mayor Beasley
to amend the resolution by deleting Section 3.
Commissioner Newman said that she has a problem with the
ranking; she said that she does not want to base a decision on a
Powerpoint presentation, with the second largest revenue -
producing stream of the City.
Mayor Feliu said that the Commission will be able to review
how the company was chosen, and that it has nothing to do with
the ranking.
Commissioner Palmer said that the Commission makes the final
decision, that she does not like to take the responsibility from
the City Manager, or whoever is supposed to evaluate the
applicants. She said that she is in favor to look at it after it
is done.
At this time Mr. Feingold recommended the language for
amending Section 3.
Commissioner Newman withdrew her prior motion to delete
Section 3, and made a new motion.
Moved by Commissioner Newman to amend the language on
Section 3: "That the selection of a qualified vendor will be the
decision of the City Manager and the City Commission." Seconded
by Vice Mayor Beasley the motion passed by a 5 -0 vote:
CITY COMMISSION MINUTES
September 15, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
11
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Da
Commissioner Sellars: Yea
Mayor Feliu: Yea
With no further comments, the motion to approve this item as
amended 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 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)
Moved by Mayor Feliu to table this item, seconded by Vice.
Mayor Beasley and Commissioner Palmer, 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 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 Commissioner Palmer and
Vice Mayor Beasley to table this,item, the motion passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
CITY COMMISSION MINUTES 12
September 15, 2009
PA
1 Commissioner Sellars: Yea
2 Mayor Feliu: Yea
3
4 161 -09 -12970
5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
7 FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
8 MONTALVO, P.A. IN THE AMOUNT OF $14,683.35; CHARGING
9 $14,683.35 TO ACCOUNT NO. 001 - 1500 - 514.34 -10; AND
10 PROVIDING AN EFFECTIVE DATE. 3/5
11 (City Attorney)
12
13 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
14 approve this item.
15
16 Vice Mayor Beasley said that the files that were requested
17 to be sent from Figueredo Boutsis & Montalvo to the Interim
18 Attorneys had not been received yet.
19
20 Mr. Feingold informed the Commission that the files had just
21 been received by the City Clerk but that he had not yet had the
22 chance to look at them. He then requested a 24 -hour window to
23 look at the files and make sure that they could handle those
24 cases and that they have all the information that they need.
25
26 Moved by Commissioner Newman, to pay the attorneys' fees
27 pending confirmation that the files are all there. Seconded by
28 Commissioner Sellars, the motion passed by a 5 -0 vote:
29
30 Commissioner Palmer: Yea
31 Vice Mayor Beasley: Yea
32 Commissioner Newman: Yea
33 Commissioner Sellars: Yea
34 Mayor Feliu: Yea
35
36 With no further comments, the motion to approve this item as
37 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 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
47 CITY OF SOUTH MIAMI, FLORIDA, PROVIDING THE CITY
48 MANAGER TO USE THE NECESSARY AUTHORITY TO USE UP TO
CITY COMMISSION MINUTES 13
September 15, 2009
Imayt
1 $86,000.00 FROM THE UNDESIGNATED CONTINGENCY CASH
2 RESERVE FUND TO ISSUE A WORK ORDER TO KIMLEY -HORN AND
3 ASSOCIATES, INC. (KHA) FOR ENGINEERING CONSULTING
4 SERVICES FOR THE PREPARATION AND EVALUATION OF AN
5 ALTERNATE FPL TRANSMISSION LINE CORRIDOR REPORT
6 APPLICATION WITH THE FLORIDA DEPARTMENT OF
7 ENVIRONMENTAL PROTECTION (FDEP) IN AN AMOUNT OF
8 $86,000.00 TO BE CHARGED TO THE PROFESSIONAL
9 ENGINEERING SERVICES ACCOUNT NUMBER 001 - 1790 - 519 -3100;
10 PROVIDING FOR AN EFFECTIVE DATE. 4/5
11 (City Manager)
12
13 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
14 approve this item.
15
16 Vice Mayor Beasley said that the date was changed from
17 October 8th to November 12th; therefore, since there is more time
18 to get more information about the involvement of other
19 municipalities, and proceeded to request that this item be tabled
20 to allow him to hear from other municipalities.
21
22 Moved by Vice Mayor Beasley, seconded by Mayor Feliu to
23 table this item.
24
25 Commissioner Sellars asked again for a breakdown of just the
26 underground portion which was provided the last time that the
27 item was presented.
28
29 Commissioner Newman said that according to some information
30 in the code, she believes that the franchise agreement with FP &L
31 is about to expire in 2014. She then said that if that is the
32 case, and she asked the City Attorney to look into this, and no
33 agreement has been brought before the Commission in 30 years, we
34 may be able to negotiate for our portion of South Miami that they
35 bury the lines. She then directed the City Attorney to research
36 and make sure that no contract has been brought before the
37 Commission to extend the agreement for another 30 years, and, to
38 advise us as to whether in those negotiations we can negotiate
39 burying those lines through the South Miami portion.
40
41 With some further comments, the motion to table this item
42 passed by a 5 -0 vote:
43
44 Commissioner Palmer: Yea
45 Vice Mayor Beasley: Yea
46 Commissioner Newman: Yea
47 Commissioner Sellars: Yea
48 Mayor Feliu: Yea
CITY COMMISSION MINUTES 14
September 15, 2009
Ilayt
1
2 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
3
4 21 -09 -2013
5 22. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE FEE
7 SCHEDULE; AMENDING ORDINANCE .44 -08 -1979 AND 55 -08 -1990
8 AS AMENDED BY ORDINANCES TO,' INCREASING SOME FEES,
9 ADDING NEW FEES AND DELETING SOME FEES FROM THE
10 SCHEDULE, PROVIDING FOR SEVERABILITY, ORDINANCES IN
11 CONFLICT, AND AN EFFECTIVE DATE. 3/5
12 (City Manager)
13
14 Moved by Commissioner Palmer, seconded by and Vice Mayor
15 Beasley and Commissioner Sellars to approve this item.
16
17 Mr. Balogun presented this item.
18
19 Commissioner Sellars referred to page 20 of 33, asking
20 clarification as to how the amount of $25,000 (DRI) was reached
21 . He also said that he wanted to know what impact fees, other
22 than the DRI. impact fees, have to do with SB 360, and what will
23 be the impact on the City.
24
25 Mr. Balogun said that he has asked Mr. Vageline to give us a
26 synopsis in writing on the Senate Bill, which will be provided to
27 the Commission at the next meeting.
28
29 At this time Mr. Vageline referred to changes in some of the
30 fees pertaining to the Planning and Zoning Department which were
31 not reflected in the ordinance. With regard to SB 360, he
32 explained that a DRI can apply to a city and they can ask the
33 city under SB 360 to be exempted from that process. He then
34 estimated that the exemption was worth as much as the application
35 was worth, so they used $25,000 for the City to acknowledge an
36 exemption from the DRI process.
37
38 At this time the public hearing was opened and closed with
39 no speakers.
40
41 Moved by Commissioner Sellars to amend the exemption fee for
42 the DRI by increasing it to $50,000. Seconded by Vice Mayor
43 Beasley.
44
45 Mr. Feingold said that the underlying problem is that the
46 state statute pre -empts our laws. He said that if we impose a
CITY COMMISSION MINUTES 15
September 15, 2009
71faTt-
1 real big fee it may appear that we are trying to circumvent the
2 relief that the state government is trying to give developers. He
3 then cautioned that the fees have to be the same reasonable fees
4 that would exist if the Senate Bill didn't exist.
5
6 Mr. Balogun then suggested moving the fees under line 49
7 (DRI) to place them under line 54 .(DRI exemption request).
8
9 Moved by Commissioner Sellars, seconded by. Vice Mayor
10 Beasley to amend lines 50 and 51 of the inserted changes
11 submitted to the Commission this evening, that we add the word
12 "plus" in front of non - residential, and "plus" in front of Mixed
13 use. Then there will be a new line 55, a new 56 and a new 57, and
14 now'the exemption will mimic what a DRI would be. The motion
15 passed by a 5 -0 vote:
16
17 Commissioner Palmer: Yea
18 Vice Mayor Beasley: Yea
19 Commissioner Newman: Yea
20 Commissioner Sellars: Yea
21 Mayor Feliu: Yea
22
23 Commissioner Sellars then pointed to pages 2 and 3 where the
24 unit of measurement (per sq. ft) had been dropped which needed to
25 be placed back in so that the document would be consistent.
26
27 Moved by Commissioner Sellars to amend the ordinance to be
28 consistent with all existing units of measurement (sq. ft).
29 Seconded by Mayor Feliu, The motion passed by a 5 -0 vote:
30
31 Commissioner Palmer: Yea
32 Vice Mayor Beasley: Yea
33 Commissioner Newman: Yea
34 Commissioner Sellars: Yea
35 Mayor Feliu: Yea
36
37 Moved by Commissioner Sellars, to amend the ordinance as it
38 relates to residential properties, any permitting fees the
39 minimum fee will remain at $100. Seconded by Mayor Feliu, The
40 motion passed by a 5 -0 vote:
41
42 Commissioner Palmer: Yea
43 Vice Mayor Beasley: Yea
44 Commissioner Newman: Yea
45 Commissioner Sellars: Yea
46 Mayor Feliu: Yea
47
48 At this time the public hearing was opened and closed with
49 no speakers.
CITY COMMISSION MINUTES 16
September 15, 2009
1
:11ayt-
2 Moved by Vice Mayor Beasley to amend page 14, lines 211 and
3 212 by adding the language: thirty (30) day period. Seconded by
4 Commissioner Newman, The motion passed by a 5 -0 vote:
5
6 Commissioner Palmer: Yea
7 Vice Mayor Beasley: Yea
8 Commissioner Newman: Yea
9 Commissioner Sellars: Yea
10 Mayor Feliu: Yea
11
12 Moved by Vice Mayor Beasley to amend page 19, line 22 by
13 deleting "Administrative Waiver." Seconded by Commissioner
14 Palmer, The motion passed by a 5 -0 vote:
15
16 Commissioner Palmer: Yea
17 Vice Mayor Beasley: Yea
18 Commissioner Newman: Yea
19 Commissioner Sellars: Yea
20 Mayor Feliu: Yea
21
22 Moved by Mayor Feliu to extend the meeting beyond 11:00 p.m.
23 Seconded by Vice Mayor Beasley the motion 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 Vice Mayor Beasley recommended that the outdoor dining fees
32 should be made part of the schedule of fees.
33
34 With some further comments, the motion to approve this item
35 as amended passed by a 5 -0 vote:
36
37 Commissioner Palmer: Yea
38 Vice Mayor Beasley: Yea
39 Commissioner Newman: Yea
40 Commissioner Sellars: Yea
41 Mayor Feliu: Yea
42
43
44 RESOLUTION (S) PUBLIC NEARING (S)
45 (NONE)
CITY COMMISSION MINUTES 17
September 15, 2009
44 RESOLUTION (S) PUBLIC NEARING (S)
45 (NONE)
CITY COMMISSION MINUTES 17
September 15, 2009
PA
TEV�
i ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
2 (NONE)
3
4
ORDINANCE (S) FIRST READING
23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
TO THE LAND DEVELOPMENT CODE BY MODIFYING SECTION 20
4.4(I) AND REMOVING SECTION 20- 4.4(M) "ENTITLED "VALET
PARKING PERMITS" IN ORDER TO PLACE THE SAME PROVISIONS
IN SECTION 15(C) OF THE SOUTH MIAMI CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by Commissioner Sellars to
approve this item.
Mr. Vageline presented this item. He explained that the
purpose of this item is removing a section of the Land
Development Code (LDC) as above indicated. This item deals with
the operation of valet parking permits, including the fees for
taking away meter parking spaces by bagging them in order to use
them. He then explained that the purpose of the following item is
taking the section that is being removed from the LDC and placing
it in the City's Code of Ordinances. Mr. Vageline said that the
provision dealing with valet parking falls more under an
operational category than a development category.
With some 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
24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
TO THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING NEW
SECTION 15(C) TO BE ENTITLED "VALET PARKING PERMITS FOR
USE OF PUBLIC PROPERTY" IN ORDER TO PLACE THE
PROVISIONS OF PREVIOUS LAND DEVELOPMENT CODE SECTION
CITY COMMISSION MINUTES 18
September 15, 2009
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:Iyayt�
20- 4.4(M) INTO THE CODE OF ORDINANCES AND FURTHER TO
INCREASE THE FEES CHARGED FOR RENTAL OF ON- STREET
CURBSIDE SPACES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Mr. Vageline again said that this item takes the section of
the code that was just removed from the Land Development Code,
placing it into Section 15C of the Code of Ordinances-, and makes
an adjustment in the rate for rental fees for public, and site
curve side spaces to a daily rate of $18 per day.
With some 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
COMMISSION REMARKS
Each member of the Commission was afforded to make comments.
Mayor Feliu referred to the backup traffic that exists in
front of Dan Marino's when parents are dropping off their kids.
Sometimes they wait for their kids to come out, causing traffic
backup. He said that we need to install a signage saying
"dropping off and picking up inside the Mall.
Vice Mayor Beasley said that he had talked to the City
Manager about the same problem, and Mr. Balogun said that he has
instructed the police to strictly enforce the rules there.
There being no further business to come before this Body,
the meeting adjourned at 11:18 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
September 15, 2009
19
Approved
Horace G. Feliu
Mayor