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City of South Miami
Regular City Commission Minutes
October 6, 2009
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, October 6, 2009, beginning.at 7:10
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 Attorneys Laurence Feingold
and Mark A. Goldstein, 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)
Professor Stoddard and Thomas Saporito
Professor Stoddard made a presentation regarding concerns
with various health risks from exposure to nuclear reactors and
power lines. Studies reveal that these can cause leukemia,
Alzheimer's disease and senile dementia among others. He also
cautioned about possible nuclear accidents. Professor Stoddard's
presentation was informational and an eye opener.
Mr. Saporito also presented additional information regarding
the new nuclear reactors proposed by Florida Power and Light.
Commissioner Newman asked that Vice Mayor Beasley, as
liaison to the Commission, to work with Professor Stoddard and
bring back to the Commission recommendations as to what will be
needed to file with the federal government.
CITY COMMISSION MINUTES
October 6, 2009
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Presentation of Certificates of Appreciation
The Mayor, Vice Mayor and Commissioners presented a
proclamation to Dr. Paul Young as Chairman of the 2009 -2010
Budget and Finance Committee.
Presentation of Proclamation to Park and Recreation Board
members: Anthonv L Tolavcsi and Patrick Flood
Park and Recreation Board members Mr. Tolgycsi and Mr. Flood
were presented with proclamations for their outstanding
contribution to the sports programs.
Dr. Scott with the South Miami Children's Clinic
This presentation was postponed for a later date.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:.
1. Approval of Minutes
Minutes of September 1, 2009
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars, the motion to approve the minutes of September 1, 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 September 8, 2009 (1St Budget Hearin
Moved by Commissioner Sellars, seconded by Vice Mayor
Beasley, the motion to approve the minutes of September 8, 2009
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
October 6, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
K
:Ira f t
1 At this time Mr. Feingold presented Mr. James Lynn from
2 Tallahassee, as a recognized pension expert of the Florida League
3 of Cities representing municipalities. Mr. Lynn addressed the
4 Commission with clarification as to the autonomy of the Pension
5 Board. Upon the conclusion of his presentation, Mr. Lynn provided
6 clarification to the various questions from the Commission.
7
8 Following Mr. Lynn's presentation, Commissioner Newman said
9 that she would like to establish a panel for ,the purpose of
10 bringing recommendations to the Commission with alternatives to
11 the current pension plan.
12
13 Mayor Feliu said that he also would like to transition to
14 the Florida Retirement System in a way that it will be done
15 gradually, and in a manner that would not compromise our current
16 negotiating position.
17
18 Labor attorney Crossland said that the proper place for
19 discussing the issues regarding collecting bargaining
20 negotiations would be during an executive session.
21
22 2. City Manager's Report (25 minutes)
23
24 • Frequently Asked Questions & Misconceptions Part 4-
25 Questions and response for Second Budget Hearing
26 submitted by Commissioner Sellars; (Red folder
27 information)
28 • Request from Art Night for a two -month extension to
29 hold another event on Oct. 9 and Nov. 13. Mr. John
30 Edward Smith addressed the Commission regarding this
31 request; (Red folder information)
32 • Thelma Gibson Health Initiative Presentation regarding
33 the continuation of their. services for the Seniors'
34 Center;
35 • Somerset Elementary Charter School Roof -top Recreation
36 Area.
37 • Traffic Congestion /Updated Signage outside of the Shops
38 at Sunset Place.
39 • SW 62nd Ave. /SW 56th St. (Miller Rd.) Traffic Light
40 Signalization (Turn Signals).
41 • Public Right -of -Way Permit for the Use of the Crane.
42 Applicant: 64 Development Corporation- Oxford Universal
43 (5966 S. Dixie Highway).,
44 • Summary of Senate Bill 360.
45 • Murray Park Playing Field Closure
46 • Homeless Trust - Meters
47
CITY COMMISSION MINUTES 3
October 6, 2009
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1
With no
further comments, the City Manager's
Report ended.
2
3
At this
time Commissioner Newman moved to
take item no. 10
4
out of order
on,the agenda relating to the Thelma
Gibson Health
5
Initiative. Seconded by Vice Mayor Beasley the motion passed by a
6
5 -0 vote:
7
8
Commissioner Palmer:
Yea
9
Vice Mayor Beasley:
Yea
10
Commissioner Newman:
Yea
11
Commissioner Sellars:
Yea
12
Mayor Feliu:
Yea
13
14
15 RESOLUTION (S)
or
17 162 -09 -12971
18 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
20 MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH
21 THELMA GIBSON HEALTH INITIATIVE (TGHI) FOR SOCIAL WORK
22 SERVICES TO THE SENIORS IN AN AMOUNT OF $45,000.00; AND
23 PROVIDING FOR AN EFFECTIVE DATE. 3/5
24 (City Manager)
25
26 Moved by Mayor Feliu, seconded by Vice Mayor Beasley, with
27 no further comments the motion to approve this item passed by a
28 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 3. City Attorney's Report (15 minutes)
38
39 a) Pension issues by Commissioner Newman
40
41 Commissioner Newman spoke about the concern relating to the
42 problems with the pension, urging the Commission to work together
43 towards resolving the issues with possible shortfalls. She then
44 proposed holding a workshop at 6:30 p.m. before the October 20th
45 meeting to hear from former Pension Board Chairman Brad Cassel
46 and present Chairman Javier Banos. She then said that she would
47 like to establish an independent panel to provide recommendations
CITY COMMISSION MINUTES 4
October 6, 2009
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1 for different options to the Commission, and that she would like
2 to nominate Commissioner Sellars as its liaison.
3
4 Mr. Crossland said that the- responsibility of the Pension
5 Board is to administer the current pension system, not, to make
6 proposals to this Commission to either alter the benefits within
7 the existing system, nor is its function to recommend changing
8 the pension system.
9
10 Commissioner Palmer said that she was not too sure about the
11 Commission requesting a pension workshop instead of having the
12 Pension Board calling the workshop. She also said that the
13 employees will be impacted by any changes and that they should
14 have a say on this issue. She added that she does not think that
15 this is a resident's issue and that it is something that can be
16 resolved between the attorneys, the board and the Commission.
17
18 Mayor Feliu said that there is already a- Pension Board that
19 is comprised of City employees representing the different
20 departments and that they could also bring recommendations to the
21 Commission. He also said that they could benefit from obtaining
22 information from other cities that may have already gone through
23 the same thing.
24
25 Mr. Crossland said that by statute, the function of the
26 existing Pension Board is to implement and administer whatever
27 pension system the Commission, in connection with bargaining with
28 the unions, directs the Pension Board to implement; they cannot
29 create different or new benefits for the employees; neither can
30 they change the pension system.
31
32 After further discussion among the Commission regarding the
33 creation of a pension panel, Mayor Feliu asked each member of the
34 Commission to choose one member to serve under that panel. He
35 then said' that Commissioner Newman will be sponsoring a
36 resolution to establish a pension ad hoc committee.
37
38 Commissioner Newman then said that they will need to hold an
39 executive session relating to collecting bargaining units within
40 the next two weeks.
41
42 b) Bullet train issue by Vice Mayor Beasley
43
44 Vice Mayor Beasley referred to an initiative that went to
45 Tallahassee some years ago, for a bullet train from Miami to
46 Orlando, and for some reason such initiative did not go through.
47 There is now a project to use those funds, originally designated
48 to the Miami - Orlando project, and to derail them to a bullet
49 train going Orlando -Tampa instead. He said that he wants to send
CITY COMMISSION MINUTES 5
October 6, 2009
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1 a message to the Governor saying that we want to use that funding
2 to continue with the Miami - Orlando project. He said that people
3 voted for this project in great numbers.
4
5 At this time Vice Mayor Beasley moved to add a resolution
6 addressing the bullet train issue on the agenda. Seconded by
7 Commissioner Newman, the motion passed by a 4 -0 vote:
8
9 Commissioner Palmer: Yea
10 Vice Mayor Beasley: Yea
11 Commissioner Newman: Yea
12 Commissioner Sellars: Yea
13 Mayor Feliu: Out of the Room
14
15 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, URGING GOVERNOR CRIST AND
17 THE FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY
18 KOPELOUSOS TO PRIORITIZE THE MIAMI - ORLANDO HIGH -SPEED
19 RAIL PROJECT AS PART OF THE FEDERAL ECONOMIC STIMULUS
20 .PACKAGE FOR THE STATE OF FLORIDA; PROVIDING FOR AN
21 EFFECTIVE DATE. 3/5
22 (Vice Mayor Beasley)
23
24 Moved by Vice Mayor Beasley, seconded by Commissioner
25 Newman, with no further comments the motion to approve this item
26 failed by a 2 -2 vote:
27
28 Commissioner Palmer: Nay
29 Vice Mayor Beasley: Yea
30 Commissioner Newman: Yea
31 Commissioner Sellars: Nay
32 Mayor Feliu: Out of the Room
33
34 At this time the "Add On" item relating to reformatting the
35 agenda was discussed. Commissioner Palmer argued that by adding
36 the proposed new section on the agenda for Commissioners'
37 discussion before the public remarks section, the people waiting
38 to speak would have to wait much longer to address the Commission
39 with their concerns, and that it would also make it very hard to
40 finish with City's business.
41
42 Mayor Feliu concurred with Commissioner Palmer, saying that
43 the Commission has a chance to convey to the City Manager under
44 the section of his report any concerns or directions. on any
45 items. He added .that there is already a mechanism in place
46 whereby they Commission can request to place an item on the
47 agenda in the form of a resolution.
48
CITY COMMISSION MINUTES 6
October 6, 2009
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Vice Mayor Beasley said that in different instances he has
requested the City Manager to place something on the agenda which
he did not see to be carried out.
Mr. Balogun said that in the past, requests from the
Commission would be placed on the agenda either by resolution or
ordinance, as applicable. He said that the reason for the
proposed agenda reformatting is to accommodate the requests of
the Commission in a more effective manner.
Commissioner Sellars asked for clarification as to the
proper way to have an item placed on the agenda. It was explained
that a member of the Commission may place his /her request through
the City Attorney, the City Manager and /or the City Clerk.
Moved by Vice Mayor Beasley, seconded by Commissioner
Newman, the motion to add an item on the agenda, relating to
reformatting 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, seconded by Vice Mayor Beasley
to place the "Add On" item relating to reformatting the agenda
after public remarks passed by a 3 -2 vote:
Commissioner Palmer: Nay
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Nay
PUBLIC REMARKS
(5- minutes)
Dick Ward urged the Commission to abide by the Robert's
Rules of Order.
David Tucker Sr. referred to audio problems experienced
during the televised budget workshop on September 16tH
Walter Harris urged the Commission to author a resolution
allowing pets into parks.
CITY COMMISSION MINUTES
October 6, 2009
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1 Brad Cassel referred to the pension, urging the Commission
2 to have it properly audited..Pension Chairman Banos said that his
3 biggest concern is that some of the financial information that
4 was audited by the current auditor they know for a fact to be
5 wrong.
6
7 Lenora Tompkins addressed the Commission about an incident
8 with the police and her son. Mayor Feliu said that he has
9 requested for the Police Chief to conduct an investigation on
10 this matter.
ii.
12 Donna Fritz addressed the Commission regarding the
13 importance of following Robert's Rules.
14
15 John Edward Smith said to concur with the previous speaker,
16 urging the Commission to do all the changes they need to make on
17 the agenda at the beginning of the meeting.
18
19 George Milian addressed the Commission with concerns about
20 any increase in density on the SW 62nd Avenue corridor.
21
22 Patrick Flood, as member of the Parks and Recreation Board,
23 addressed the Commission about the most successful soccer program
24 they are running. He said that they are in need of temporary
25 lighting at South Miami Park; they do not have a place to secure
26 all the new equipment that they purchased; they are inundated
27 with requests for schedule changes and other administrative
28 functions. He urged the Commission to allow the Parks and
29 Recreation Department to hire an administrative person.
30
31 Bob Welsh said that our parks should be used for South Miami
32 children and not for children from other cities. He then referred
33 to the pool workshop where the presentation conducted by
34 consultants projected that the operational expenses would be
35 higher than the revenues, leaving the residents of the City with
36 a tax burden.
37
38 Beth Schwartz addressed the Commission regarding item no. 14
39 on the agenda relating to the EAR and SW 62nd Avenue corridor.
40 She said that the residents of Cocoplum Terrace are very grateful
41 for the Planning Board's recommendation for two stories, and
42 urged the Commission to support the residents.
43
44 _Dr. Alex Zakharia, owner of various properties on SW 62nd
45 Avenue addressed the Commission. He said that owners have rights
46 to benefit from their properties. He also said that down zoning
47 ruins the property values of not only his properties but all the
48 surrounding properties as well. He added that the City would also
49 benefit from improvements on 62nd Avenue.
CITY COMMISSION MINUTES 8
October 6, 2009
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PEA]
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Chris Cooke - Yarborough said in reference to the 62nd Avenue
properties that when they were purchased, they were zoned two -
story neighborhood residential, therefore, there was a risk in
purchasing those properties with the hope that the zone would
change in the future. He added that there is no justification to
increase the zoning in that area, and urged the Commission to
think of the long -term picture of the City.
With no further speakers the public remarks section was
closed.
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
8. 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 FOR THE SW 62nd AVENUE CORRIDOR
WHICH AMENDMENT WOULD BE BASED UPON THE RECOMMENDATIONS
CONTAINED IN THE 2006 SOUTH MIAMI EAR REPORT AND WOULD
BE APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars to approve this item.
Vice Mayor Beasley said that this item should have been
sponsored by the City Manager. He said that this was just the
first reading of this item, the residents have expressed their
feelings, the owner has also spoken, and that he did not want to
go through the full detail of the issue at this time.
Commissioner Newman said that this item has been discussed
for the last ten years with which she has been involved; with
countless meetings, the voice of the people have been heard and
basically ignored. She then read a memo dated April 23, 2007 from
the late Commissioner Jay Beckman addressed to the former
Planning and Zoning Director, Julian Perez, the former City
Manager, Yvonne McKinley, and former City Attorney Luis
Figueredo, regarding the EAR process.
CITY COMMISSION MINUTES 9
October 6, 2009
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1 Commissioner Sellars said that he is still reading and
2 trying to get up to speed on all of the issues, and two weeks
3 from now he will be able to form an opinion.
4
5 Mayor Feliu said that in the past the people have spoken on
6 several issues and their voices were not heard, but there is no
7 reason for him to do the same towards the neighbors on this
8 particular issue. He said that he is being consistent with the
9 same way he felt about Madison Square and the higher density, as
10 they liked it; he said that he will act the same way with those
11 individuals who are here today who have voiced their concerns and
12 whom might be impacted by future projects there.
13
14 At this time the public hearing was opened.
15
16 Dr. Zakharia addressed the Commission saying that at the
17 Planning Board meeting there were some serious amendments made
18 for recommendations without the owners being present, so he has
19 had no time to look into them or to have his legal counsel to
20 review them; therefore, he said that they are infringing on the
21 due process by having a vote at this time. He said that voting
22 should be postponed until such time that these amendments
23 approved by the Planning Board have been reviewed by his legal
24 counsel.
25
26 At this junction, and at the request of Mayor Feliu, Mr.
27 Youkilis explained that the public hearing before the Planning
28 Board was September 29th, and staff sent notice to all property
29 owners, including persons in the corridor and 500 feet around,
30 advising that the hearing was the 29th and also October 6th. He
31 also said that copy of the report was given to Dr. Zakharia on
32 October lst. He added that the complete agenda can now be
33 downloaded from the City's website on the Friday preceding the
34 Commission meeting.
35
36 Chris Cooke - Yarborough talked about the two configurations
37 of properties on the 62nd Avenue Corridor. He then said that the
38 buffer that Dr. Zakharia is referring to consists of several
39 homes that he has purchased and knocked down, and those empty
40 properties is what he is referring to as the buffer and is still
41 residential zoning and it is not a buffer that is on the
42 commercial side. He then cautioned about the impact of setting
43 precedents.
44
45 Beth Schwartz said that the neighbors are anxious for this
46 issue to be resolved so that.they can see some development there
47 where there are just vacant lots now, adding that Dr. Zakharia
48 has had the opportunity, as everybody else, to attend all the
49 meetings pertaining to this issue.
CITY COMMISSION MINUTES 10
October 6, 2009
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1 For the record, Commissioner Newman asked Mr. Youkilis
2 whether Dr. Zakharia was present at the Planning Board meeting
3 when the said amendments were made.. Mr. Youkilis responded yes,
4 Dr. Zakharia was present at that meeting.
5
6 Walter Harris said that it was already 10:30 p.m., urging
7 the Commission to approve the item on first reading, and to
8 continue studying it for the next two weeks.
9
10 As per directions from Mr. Feingold and Mayor Feliu, all
11 comments made from speakers earlier during the public remarks
12 section will be considered as part of this public hearing.
13
14 Mayor Feliu suggested deferring this item as a courtesy to
15 Dr. Zakharia's request. Vice Mayor Beasley said that it would not
16 be necessary since this is just first reading and that they have
17 two weeks to review it.
18
19 With no further comments, the motion to approve this item
20 passed by a 4 -0 vote:
21
22 Commissioner Palmer: Absent
23 Vice Mayor Beasley: Yea
24 Commissioner Newman: Yea
25 Commissioner Sellars: Yea
26 Mayor Feliu: Yea
27
28 At this time Mr. Feingold reminded the Mayor about the
29 pending motion regarding the following item.
30
31
32 RESOLUTION (S)
33 (CONT'D)
34
35
163 -09 -12972
36
5. A RESOLUTION
OF THE MAYOR & CITY COMMISSION
OF THE
37
CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
38
COMMISSION AGENDA; APPROVING THE REFORMATTING
OF THE
39
CITY
COMMISSION AGENDA; AND PROVIDING AN EFFECTIVE
40
DATE.
3/5
41
(City Manager)
42
43
Moved
by Vice Mayor Beasley; seconded by
Commissioner
44
Sellars to
approve this item.
45
46
This
item was discussed earlier, therefore
Commissioner
47 Sellars offered an amendment at this time.
CITY COMMISSION MINUTES 1 1
October 6, 2009
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1 Moved by Commissioner Sellars, seconded by Vice Mayor
2 Beasley to amend the resolution to place the Commission Remarks
3 section after Public Remarks. The motion passed by a 4 -0 vote:
4
5 Commissioner Palmer: Absent
6 Vice Mayor Beasley: Yea
7 Commissioner Newman: Yea
8 Commissioner Sellars: Yea
9 Mayor Feliu: Yea
10
11 Moved by Mayor Feliu, seconded by Commissioner Sellars, to
12 amend the resolution to change the Commission Remarks section
13 from the proposed 45 minutes to 25 minutes. The motion passed by
14 a 4 -0 vote:
15
16 Commissioner Palmer: Absent
17 Vice Mayor Beasley: Yea
18 Commissioner Newman: Yea
19 Commissioner Sellars: Yea
20 Mayor Feliu: Yea
21
22 With some further comments, the motion to approve the
23 resolution as amended and as a whole passed by a 4 -0 vote:
24
25 Commissioner Palmer: Absent
26 Vice Mayor Beasley: Yea
27 Commissioner Newman: Yea
28 Commissioner Sellars: Yea
29 Mayor Feliu: Yea
30
31 At this time Commissioner Sellars directed the City Attorney
32 to prepare an ordinance amending the Charter for the next agenda,
33 adding Section 8 (a ) under Article II to be placed on the ballot
34 for the February 2010 election. The second ordinance will be
35 amending the Charter by adding Section 8(4) under Article II,
36 making a Finance Director an employee that reports not only to
37 the City Manager but to the City Commission as well, also to be
38 placed on the ballot for the February 2010 election. The next
39 request has to do with the City Attorney and his title, since
40 there is no provision in the Charter that defines an acting or
41 interim City Attorney.
42
43 Mr. Feingold said that he would leave when the Commission
44 asks him to do so. However, while he is serving as the City
45 Attorney, he needs to make it clear that he does have the power
46 to give legal opinion to the Commission. In addition, the Charter
47 does not have a provision for acting or interim city attorney.
48
CITY COMMISSION MINUTES 12
October 6, 2009
Ina t
1 Moved by Commissioner Newman to add on the agenda the
2 following resolution relating to City Attorney. Seconded by Vice
3 Mayor Beasley the motion passed by a 4 -0 vote:
4
5 Commissioner Palmer: Absent
6 Vice Mayor Beasley: Yea
7 Commissioner Newman: Yea
8 Commissioner Sellars: Yea
9 Mayor Feliu: Yea
10
11
12 164 -09 -12973
13 6. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE
14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INTERIM CITY
15 ATTORNEY; REQUESTING THAT THE TERM "INTERIM" BE DROPPED
16 AND THAT LAURENCE FEINGOLD BE DECLARED THE CITY
17 ATTORNEY OF THE CITY OF SOUTH MIAMI; AND PROVIDING AN
18 EFFECTIVE DATE. 3/5
19 (City Manager)
20
21 Moved by Vice Mayor Beasley, seconded by Commissioner
22 Sellars to approve this item.
23
24 With no further comments, the motion to approve this item
25 passed by a 4 -0 vote:
26
27 Commissioner Palmer: Absent
28 Vice Mayor Beasley: Yea
29 Commissioner Newman: Yea
30 Commissioner Sellars: Yea
31 Mayor Feliu: Yea
32
33
34 At this time, it was moved by Vice Mayor Beasley, seconded
35 by Commissioner Newman to terminate the City Manager effective
36 immediately. Vice Mayor Beasley requested not to prolong a
37 discussion about this motion out of respect for the City Manager.
38
39 Mayor Feliu said that this was disingenuous to the public
40 and to the residents of the City who would have had an
41 opportunity to read about this on a resolution as it should have
42 been done. He also regretted that Commissioner Palmer, who had to
43 leave earlier, would not have the chance to express her opinion
44 on this.
45
46 Commissioner Newman said that they could either go through a
47 lengthy discussion on this, because she said that she certainly
48 has her reasons, or they can put out there exactly what their
CITY COMMISSION MINUTES 13
October 6, 2009
a t
1 reasons are. She then asked the City Attorney as to whether she
2 would be entitled to make a decision on this issue. Mr. Feingold
3 responded yes.
4
5 Commissioner Sellars said that he would support the motion
6 by Vice Mayor Beasley and Commissioner Newman.
7
8 With no further comments, the motion to terminate the City
9 Manager passed by a 3 -1 vote:
10
11 Commissioner Palmer: Absent
12 Vice Mayor Beasley: Yea
13 Commissioner Newman: Yea
14 Commissioner Sellars: Yea
15 Mayor Feliu: Nay
16
17 Moved by Commissioner Newman to appoint Finance Director
18 Matilde Menendez as Acting City Manager. The Finance Director
19 declined the offer.
20
21 Moved by Commissioner Newman to appoint Planning Consultant
22 Sandy Youkilis as Acting City Manager. Mr. Youkilis declined the
23 offer.
24
25 At this time Mayor Feliu left the room and Vice Mayor
26 Beasley announced that there was no quorum and before adj6urning
27 he called a special meeting for Thursday at 7:00 p.m.
28
29
30
31
32 (UNFINISHED BUSINESS)
33
34 CONSENT
35
36 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING A STATE BAN ON
38 TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE, OR
39 ALTERNATIVELY SUPPORTING STATE LEGISLATION PERMITTING
40 LOCAL MEASURES TO BAN TEXT MESSAGING WHILE OPERATING A
41 MOTOR VEHICLE; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
42 (Vice Mayor Beasley)
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44 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
45 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
46 MANAGER TO EXECUTE AN AGREEMENT WITH M. VILA &
CITY COMMISSION MINUTES 14
October 6, 2009
Wf t!
ASSOCIATES FOR CONSTRUCTION OF AMERICAN RECOVERY &
REINVESTMENT ACT (ARRA) SUNSET DRIVE IMPROVEMENTS PHASE
IV PROJECT IN AN AMOUNT OF $271,482.22 TO BE CHARGED TO
ARRA GRANT AND THE 2008 -2009 PEOPLE'S TRANSPORTATION
PLAN ACCOUNT NUMBERS 106 - 1770 - 541 -6310 AND 124 -1730-
541- 3450 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE.
3/5
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A WORK ORDER TO TYLIN INTERNATIONAL -
HJROSS FOR CONSTRUCTION PHASE SERVICES FOR THE AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA) SUNSET DRIVE
IMPROVEMENTS PHASE IV PROJECT IN AN AMOUNT OF
$38,000.00 TO BE CHARGED TO THE 2008 -2009 PEOPLES
TRANSPORTATION PLAN' ACCOUNT NUMBER 124 -1730- 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
12. 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 4TH ANNUAL WATERFORD 5K RUN /WALK RACE TO
BENEFIT AUTISM SPEAKS TO BE HELD NOVEMBER 13, 2009:
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
13. 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 FAIRCHILD TROPICAL BOTANIC GARDEN EDIBLE
GARDEN FESTIVAL A FUND RAISING EVENT TO BE HELD AT THE
GARDENS OCTOBER 24-25, 2009; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
MONTALVO, P.A. IN THE AMOUNT OF $8,417.33; CHARGING
$8,417.33 TO ACCOUNT NO 001 - 1500 - 514 - 3410;
AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
CITY COMMISSION MINUTES 15
October 6, 2009
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15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A LETTER TO RODRIGUEZ, TRUEBA & CO.,
P.A. CONFIRMING A ONE -YEAR EXTENSION OF THE NOVEMBER 6,
2007 AUDIT CONTRACT, PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
16. 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)
17. 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
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)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
18. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
CITY COMMISSION MINUTES
October 6, 2009
16
is a
DEVELOPMENT CODE SECTION 20-4.4 (F) (2) (c) ENTITLED
"SPACES LOCATED OFF- SITE" IN ORDER TO REMOVE PROVISIONS
ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A
METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20-
7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO
MODIFY SECTION 20-7.6(C) (2) (b) BY REMOVING THE OPTION
OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO
PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(City Manager)
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 20 -2.3 ENTITLED "DEFINITIONS" BY ADDING A
NEW DEFINITION OF "LAND USE REGULATIONS "; AND ADDING A
NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY
MODIFYING THE EXISTING DEFINITION OF "REGULATIONS ";
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE SOUTH MIAMI
CODE OF ORDINANCES IN ORDER TO REMOVE EXISTING CHAPTER
10A ENTITLED "FLOODS" AND TO REPLACE SAID CHAPTER WITH
A NEW CHAPTER 10A ENTITLED "FLOOD DAMAGE PREVENTION"
WHICH CONTAINS THE FOLLOWING SECTIONS; PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND
OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING LANDS TO WHICH THIS ORDINANCE
APPLIES; PROVIDING A BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD; PROVIDING A DESIGNATION OF
FLOODPLAIN ADMINISTRATOR; PROVIDING FOR ESTABLISHMENT
OF DEVELOPMENT PERMIT; PROVIDING FOR COMPLIANCE;
PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS;
PROVIDING FOR INTERPRETATION; PROVIDING A WARNING AND A
DISCLAIMER OF LIABILITY; PROVIDING PENALTIES FOR
VIOLATION; PROVIDING ADMINISTRATION; PROVIDING PERMIT
PROCEDURES; PROVIDING DUTIES AND RESPONSIBILITIES OF
THE FLOODPLAIN ADMINISTRATOR; PROVIDING PROVISIONS FOR
FLOOD HAZARD REDUCTION; PROVIDING GENERAL STANDARDS;
PROVIDING SPECIFIC STANDARDS; PROVIDING STANDARDS FOR
A -ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY
FLOODWAYS; PROVIDING STANDARDS FOR AO- ZONES; PROVIDING
FOR VARIANCE PROCEDURES; PROVIDING DESIGNATION OF
CITY COMMISSION MINUTES 17
October 6, 2009
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VARIANCE AND APPEALS BOARD; PROVIDING THE DUTIES OF
VARIANCE AND APPEALS BOARD; PROVIDING FOR VARIANCE
PROCEDURES; PROVIDING THE CONDITIONS -FOR VARIANCES;
PROVIDING FOR VARIANCE NOTIFICATION; PROVIDING FOR
HISTORIC STRUCTURES; PROVIDING FOR STRUCTURES ON
REGULATORY FLOODWAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(City Manager)
COMMISSION REMARKS
Each member of the Commission was afforded to make comments.
There being no further business to come before this Body,
the meeting adjourned at 11:00 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
October 6, 2009
Approved
Horace G. Feliu
Mayor