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City of South Miami
Regular City Commission Minutes
October 20, 2009
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, October 20, 2009, beginning at
7:23 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 Acting
City Manager Roger Carlton.
B. Invocation: The invocation was delivered by Ms. Sarah
Tompkins.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Non - Violence Protect USA Inc.
Executive Director Diane Landsberg addressed the Commission
regarding the Weed and Seed Program which has been made possible
in part for a grant received of $25,000, and from the efforts of
the Non - Violence Project USA Inc. She then presented a
Certificate to the Commission from the U.S. Department of Justice
- Community Capacity Development Office, declaring South Miami as
a Weed and Seed Community.
Breast Cancer Awareness Week
Representatives were not present.
CITY COMMISSION MINUTES
October 20, 2009
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1 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
2
3
4 1. Approval of Minutes
5
6 Minutes of September 15, 2009
7
8 Moved by Vice Mayor Beasley, seconded by Commissioner
9 Palmer, the motion to approve the minutes of September 15, 2009
10 passed-by a 5 -0 vote:
11
12 Commissioner Palmer: Yea
13 Vice Mayor Beasley: Yea
14 Commissioner Newman: Yea
15 Commissioner Sellars: Yea
16 Mayor Feliu: Yea
17
18
19 2. City Manager's Report (25 minutes)
20
21 • Murray Park Pool Facility Update - Mr. Carlton
22 asked for directions as to the number of lanes for
23 the pool; he explained that we have not done hard
24 construction, but there is money available and
25 allocated to do that and finish the design ready
26 to go to bid. The rough estimate for the base lane
27 pool and a one -story building is probably within
28 the money that we have already allocated which is
29 approximately $800,000; for another $400,000,
30 which we will probably get, it will give us a
31 second floor. He also asked for directions to wrap
32 up the design and get it ready for bid. His
33 recommendation is to do eight lanes.
34 i. It was the consensus of the Commission to
35 allow the City Manager to go ahead with the
36 completion of the design for eight lanes.
37 • South Miami Park Temporary Improvements
38 i. Park and Recreation Board Member, Anthony
39 Tolgycsi addressed the Commission thanking
40 them for their endorsement of their
41 accomplishments in the soccer program; he
42 said that they need some assets in the park.
43 They have raised enough funds to purchase
44 some- equipment and temporary lighting, as
45 well as a construction trailer. He asked
46 permission for using some of the funds for
47 these improvements. He said that there is no
CITY COMMISSION MINUTES 2
October 20, 2009
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structure for storage facility and for
keeping the equipment.
ii. There was no objection to Mr. Tolgycsi's
request but the Mayor recommended bringing it
back in the form of a resolution.
• Commissioner Newman at this time requested an
update on where we stand with the contract that we
have with the YMCA, if possible by the next
meeting.
• Expenditures Over $5,000 - Mr. Carlton asked Mr.
Feingold to address this item, saying that it
would be up to the Commission as to what procedure
to follow regarding these expenditures. Mayor
Feliu said that every time that there is a
purchase over $5,000 it comes before the
Commission as a resolution. Commissioner Palmer
said that she does not see the need for a change
at this time since there is already a structure in
place and it would be in our best interest to keep
what we have. Commissioner Newman said that every
year we have an annual report that is based on our
audit and for the past two years, the manager's
statement in the back has recommended that we
revisit this procedure because there were some
questions as to whether this was being abused; for
this reason she said that she believes that the
procedure should be revisited.
• Mayor Feliu said that he would like to begin with
a resolution with a timeline to begin the process
of moving forward with the Florida Retirement
System, pending the negotiations of the unions, by
creating a gradual transition for the employees.
• Mayor Feliu recommended that in the spirit of
helping our merchants and also our residents,
specially the day after Thanksgiving "Black
Friday ", by having a courtesy notice for people
that have over stayed the parking meter.
With no further comments, the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
At this time Commissioner Palmer referred to the case of
former City Manager Balogun, asking the City Attorney whether the
"declaratory opinion" issue had gone before a judge. Mr. Feingold
said that the answer is no, because of an intervening
circumstance. He said that an event occurred under Mr. Balogun's
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contract, where the Manager's attorney asked for mediation which
that contract provides for, and we have selected the former Chief
Justice of the Florida Supreme Court, Gerald Kogen. When he
invoked that clause, he tied our hands because mediation is a
pre- requisite to litigation.
At this time Commissioner Palmer requested for the Public
Remarks section to be brought to the front of the agenda for the
benefit of those waiting to address the Commission.
i'
(PUBLIC REMARKS)
David Tucker Sr. spoke about civility and caring for one
another.
The following speakers addressed the Commission regarding
the termination of former City Manager Ajiboja Balogun during the
previous meeting of the Commission: Levy Kelly, Joe Gibson, Viola
Brown, Sarah Tompkins, Kimber Mariani, Simon Codrington, Bob
Welsh, Beth Schwartz, Bill Stickly, Kimber Mariani.
Julie Brown, a resident of Pinecrest Vilas, referred to
traffic problems around her neighborhood which she said has
become really dangerous for pedestrians, urging the Commission to
implement some type of traffic calming devices and some
sidewalks.
Walter Harris urged the Commission to look for honesty and
integrity when it comes to bringing people on board. He then
referred to the RFP for legal services.
Chris Cook - Yarborough said that the City is polarized. He
then spoke about the people he trusts who are those who do not
have a hidden agenda and who want to do the right thing.
With no further speakers the public remarks section was
closed.
At this time items no. 6 and no. 10 were pulled from the
Consent (now nos. 9 and 10)
CITY COMMISSION MINUTES
October 20, 2009
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CONSENT
167 -09 -12976
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING A STATE BAN ON
TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE, OR
ALTERNATIVELY SUPPORTING STATE LEGISLATION PERMITTING
LOCAL MEASURES TO BAN TEXT MESSAGING WHILE OPERATING A
MOTOR VEHICLE; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
168 -09 -12977
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH M. VILA &
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.
(Acting City Manager) 3/5
169 -09 -12978
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION
PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO
PERMIT THE INSTALLATION OF A BANNER OVER SUNSET DRIVE
TO PROMOTE THE 4TH ANNUAL WATERFORD 5K RUN /WALK RACE TO
BENEFIT AUTISM SPEAKS TO BE HELD NOVEMBER 13, 2009:
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
170 -09 -12979
7. 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
(Acting City Manager)
CITY COMMISSION MINUTES CJ
October 20, 2009
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1 171 -09 -12980
2 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
4 FEES; APPROVING ATTORNEYS' FEES FOR FIGUEREDO BOUTSIS &
5 MONTALVO, P.A. IN THE AMOUNT OF $8,417.33; CHARGING
6 $8,417.33 TO ACCOUNT NO. 001 - 1500 - 514 -3410; AND
7 PROVIDING AN EFFECTIVE DATE. 3/5
8 (Acting City Manager)
9
10 Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
11 motion to approve the Consent Agenda passed by a 5 -0 vote:
12
13 Commissioner Palmer: Yea
14 Vice Mayor Beasley: Yea
15 Commissioner Newman: Yea
16 Commissioner Sellars: Yea
17 Mayor Feliu: Yea
18
19
20 RESOLUTION (S)
21
22 172 -09 -12981
23 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
25 MANAGER TO ISSUE A WORK ORDER TO TYLIN INTERNATIONAL -
26 HJROSS FOR CONSTRUCTION PHASE SERVICES FOR THE AMERICAN
27 RECOVERY AND REINVESTMENT ACT (ARRA) SUNSET DRIVE
28 IMPROVEMENTS PHASE IV PROJECT IN AN AMOUNT OF
29 $38,000.00 TO BE- CHARGED TO THE 2008 -2009 PEOPLES
30 TRANSPORTATION PLAN ACCOUNT NUMBER 124 - 1730 - 541 -3450;
31 PROVIDING FOR AN EFFECTIVE DATE. 3/5
32 (Acting City Manager)
33
34 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
35 approve this item.
36
37 Commissioner Sellars asked for clarification as to the
38 reason why the City hires consultants all the time which end up
39 costing the City_ a substantial amount of money over time
40 throughout a given fiscal year.
41
42 Mr. Carlton explained that it is more economical hiring a
43 consultant for this type of service than having a fulltime
44 employee to do this. However, he said that in this case the cost
45 of the consulting service seems a little too high since it
46 represents 14 percent of the construction cost. He then
47 recommended approving this in an amount not to exceed what the
CITY COMMISSION MINUTES 6
October 20, 2009
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resolution states, while he negotiates a reduction of the asking
price and will be reporting back to the Commission.
Commissioner Newman said that she hopes that this is the
final phase of this project because the priority of the residents
is traffic calming in all of the neighborhoods. She then
requested the support of the Commission in directing the City
Manager that money from the People's Transportation Tax be
directed to traffic calming in the neighborhoods.
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
10. 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
(Acting City Manager)
Moved by Vice Mayor Beasley, seconded by Mayor Feliu to
approve this item.
Commissioner Sellars said that this item is in conflict with
item no. 23 on the agenda relating to the RFP to hire a new
auditor, and that is why he pulled it from the Consent.
Mr. Feingold informed the Commission that the Vice Mayor
would be withdrawing item no. 23 because we first need to create
an audit committee and go through other processes in order to
comply with Florida Statutes.
Mr. Carlton explained that the process of the audit
committee will take time and will delay the current audit
process; therefore, he recommended approving this resolution so
that this firm may go ahead and start the audit, while the audit
committee may work on formulating an RFP for the future firm, and
they would also have plenty of time to come back with a report.
Moved by Vice Mayor Beasley, seconded by mayor Feliu, the
motion to defer this item passed by a 5 -0 vote:
CITY COMMISSION MINUTES 7
October 20, 2009
71 ant
1
2 Commissioner Palmer: Yea
3 Vice Mayor Beasley: Yea
4 Commissioner Newman: Yea
5 Commissioner Sellars: Yea
6 Mayor Feliu: Yea
7
8 At this time Mayor Feliu requested moving out of order,
9 items no. 26, plus items 1 and 2 under Commission Reports.
10 Seconded by Commissioner Newman, the motion passed by a 5 -0 vote:
11
12 Commissioner Palmer: Yea
13 Vice Mayor Beasley: Yea
14 Commissioner Newman: Yea
15 Commissioner Sellars: Yea
16 Mayor Feliu: Yea
17
18
19
20 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
21
22 24 -09 -2016
23 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE 2007 SOUTH
25 MIAMI EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT
26 AMENDMENT DOCUMENT ADOPTED BY THE CITY COMMISSION ON
27 AUGUST 23, 2007, BY AMENDING THE COMPREHENSIVE PLAN
28 FUTURE LAND USE ELEMENT IN ORDER TO ADOPT A NEW FUTURE
29 LAND USE MAP CATEGORY FOR THE SW 62nd AVENUE CORRIDOR
30 WHICH AMENDMENT WOULD BE BASED UPON THE RECOMMENDATIONS
31 CONTAINED IN THE 2006 SOUTH MIAMI EAR REPORT AND WOULD
32 BE APPLICABLE ONLY TO THE SW 62nd AVENUE CORRIDOR;
33 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
34 PROVIDING AN EFFECTIVE DATE. 3/5
35 (Acting City Manager)
36
37 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
38 approve this item.
39
40 Mr. Youkilis presented this item, explaining that the
41 purpose of this item is to create a new land use category to be
42 included in the EAR document. He referred to page two of the
43 staff's report, indicating that in the 2006 EAR the City
44 Commission set forth a specific direction for the future land use
45 category for the SW 62nd Avenue Corridor. Upon approval of this
46 ordinance, the new category will be placed in the EAR based
CITY COMMISSION MINUTES 8
October 20, 2009
Da
amendment document and it will eventually be placed on the land
use map.
At this time the public hearing was opened.
Chris Cook - Yarborough addressed the Commission, saying that
this is a good opportunity to put this issue to rest. We need
some development there, together with street improvements which
will help revitalize the area.
Former Planning and Zoning Director, Don O'Donniley
addressed the Commission as a consultant representing
Southeastern Investment Group Corporation. As a point of order,
he said that this ordinance addressed a text amendment to the
EAR, but attached to it is a map which states that it
demonstrates a proposed change to the FLUM; therefore, he said,
this ordinance covers two subjects which is barred by law and is
not proper before this Commission. He then added that if by any
chance this is not barred, the matter regarding singling out a
property is by implication an amendment to the map. Under state
law, if an amendment is going to be considered to a geographic
area, you must provide adequate public notice and advertise it as
such. He said that this would not be proper before this body
either. He then said, as his third point of order, that contrary
to what staff stated, the Planning Board did not recommend this
amendment, and that the language recommended by the Planning
Board was never presented to this Commission, and that is
required by state law.
Mr. Youkilis said that the Planning Board's recommendation
is attached to the item before the Commission. Mr. O'Donniley
said that what was advertised on the agenda does not match the
amendment; all reference to 62nd Avenue was stricken by a 5 -0
vote by the Planning Board.
After further presentation by Mr. O'Donniley, providing a
different opinion regarding the amount of votes required on this
ordinance, Mayor Feliu turned to the City Attorney for
clarification.
Mr. Goldstein said that in the context of land use law, one
can always make creative arguments and maybe a year from now a
judge will sort all this out; however, he said that he was there
for the- Planning Board and the Commission can go forward with
this in his opinion. Mr. O'Donniley said that, respectfully, he
disagrees with the City Attorney's analysis.
Mayor Feliu asked for clarification with regards to the
five -fifth vote requirement referred by Mr. O'Donniley earlier.
CITY COMMISSION MINUTES 9
October 20, 2009
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1
2 Mr. Youkilis said that this document is the EAR text base
3 amendment; we are not actually acting on a Comprehensive Plan
4 change; that will be when we act on the EAR document as a whole.
5
6 At this time Mr. O'Donniley also said that the proposed
7 amendment is not consistent with the Miami -Dade County plan, nor
8 with the South Florida Council adopted plan, nor with state
9 policy.
10
11 Commissioner Newman said that it is her understanding that
12 the EAR was'actually approved and transmitted to Tallahassee, and
13 that they found no problems with the two -story designation. Mr.
14 Youkilis said that this was correct. The argument continued as to
15 whether there are four -story buildings next to single family
16 homes in the City.
17
18 Beth Schwartz said that this category is two stories mixed -
19 use, is not just residential, and the residents have come time
20 and time again to voice their opinion on this issue. She then
21 referred to the time when administrative waivers were in place
22 which were approved administratively and without public input.
23 She said that during the Charrette, the neighbors expressed their
24 opinions in favor of two stories as they were promised.
25
26 Dr. Zakharia said that the previous speaker's own house is
27 adjacent to a four -story building parking lot.
28
29 With no further speakers the public hearing was closed.
30
31 At this time the Mayor announced a five - minute break.
32
33 As the meeting reconvened, Vice Mayor Beasley said that
34 people have for a long time asked to have this resolved and that
35 is the reason why it is on the agenda. He said that the
36 Commission has a responsibility towards the residents and that
37 they need to act on this.
38
39 Commissioner Sellars referred to the January 2006 Commission
40 Meeting where the Commission said what they wanted on this
41 particular matter. He said that he would not want four stories
42 close to where he lives, and when he was running he stated that
43 he would be speaking to the people which resolutions affected
44 them the most. He has met with both sides on this particular
45 issue and listened to what they had to say; he said that he will
46 be supporting this amendment to the text amendment on 62nd Avenue
47 corridor because if he lived in that area he would not like to
48 have four stories next to his home.
49
CITY COMMISSION MINUTES 10
October 20, 2009
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1 Commissioner Palmer referred to the EAR process and
2 throughout many meetings and discussions where a recommendation
3 that was made at a later date was that we should look at 62nd
4 Avenue. She said that she does not have a clear explanation but
5 would love to have one; we now have this in two pieces; that is
6 the Madison Square with the rest of the EAR process. She said
7 that she wants to see that process completed, and then they can
8 go on all other recommendations that were made. She said that
9 Madison Square was taken out and now they are discussing other
10 things. She then asked staff for further clarification.
11
12 Mr. Youkilis said that the City Commission in 2006 adopted
13 the basic framework for this land use recommendation as part of
14 the EAR: two stories and a proposed mixed -use, and that is what
15 we have to follow. A detailed study is required when we change
16 the map; this is just creating a category.
17
18 Commissioner Palmer spoke of a possible compromise by
19 allowing three stories in the front and two in the rear with a
20 good buffer. She said that time goes by with no decision made
21 while those properties are seating there and everybody is losing.
22
23 Mayor Feliu said that he would like a solution that would
24 accommodate everybody; a win -win for the residents who want the
25 two stories and a win -win also for the investor who realistically
26 speaking has to depend on what is being financed. He said that
27 they all agreed that there would be a mixed component where
28 residents would have some stores there from which they could
29 benefit. He then said that he favors the idea of allowing for the
30 three stories in the front and two stories in the back with a
31 buffer that would separate the commercial from the residential.
32
33 With some further comments, the motion to approve this item
34 passed by a 3 -2 vote:
35
36 Commissioner Palmer: Nay
37 Vice Mayor Beasley: Yea
38 Commissioner Newman: Yea
39 Commissioner Sellars: Yea
40 Mayor Feliu: Nay
41
42 At this time Commissioner Palmer asked staff for
43 clarification as to the voting requirements for the EAR document.
44 Mr. Youkilis explained that the EAR based text amendment document
45 that is seating in Tallahassee has now been amended; it now
46 includes a category for 62nd Avenue, and the next step may be to
47 make a final vote to adopt the document as a whole. As to how
48 many votes it will require, Mr. Youkilis deferred to the City
49 Attorney. Mr. Goldstein said that he does not believe that it
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would be a five -fifth vote; what the Charter amendment referred
to was lessening or less restricting a category, such as going
from two to four stories. Between now and then, he said that they
will have a chance to research that question further.
Mr. Youkilis further explained that in order to adopt the
whole document would definitely require at least four -fifth
votes. The other decision that has to be made would be as to
whether the amended document makes it less restrictive, but that
would be decided probably by the City Attorney at that time.
COMMISSION REPORTS, DISCUSSION
AND REMARKS
(25 minutes)
1) Rescheduling a Pension Workshop. (Commissioner Newman)
Commissioner Newman explained that the workshop which was
originally scheduled to have before this meeting was postponed
due to the intensity of this particular agenda. Mayor Feliu
suggested re- scheduling the workshop through the City Clerk.
2) Scheduling an Executive Session. (Commissioner Newman)
Commissioner Newman explained that this will be a session to
discuss collective bargaining issues. This also was said to be
scheduled through the Clerk.
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
extend the meeting after 11:00 p.m. in order to finish all time -
sensitive items, the motion 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 item no. 19 was pulled from the Consent (now
item no. 18)
CITY COMMISSION MINUTES
October 20, 2009
12
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CONSENT
(CONrD)
173 -09 -12982
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
ADVERTIZING THE 26' ANNUAL SOUTH MIAMI ROTARY ART
FESTIVAL TO BE HELD FEBRUARY 27 -28, 2010: PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(Acting City Manager)
174 -09 -12983
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SALMAN
LANDSCAPE SERVICES, FOR LANDSCAPING MAINTENANCE
SERVICES IN AN AMOUNT OF $37,628.00 TO BE CHARGED TO
ACCOUNT NUMBER 001- 1730 - 541 -3450; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
175 -09 -12984
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING THE SOUTH
MIAMI DRUG -FREE COALITION AS AN ADVISORY COMMITTEE TO
THE MAYOR'S OFFICE AND APPOINTING A SPECIAL LIAISON
FROM THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
176 -09 -12985
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI; APPROVING A BUDGET FOR THE SMCRA
AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009
AND ENDING SEPTEMBER 30, 2010; AUTHORIZING THE
EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
AUTHORIZING THE AGENCY TO SUBMIT THE BUDGET TO MIAMI -
DADE COUNTY FOR APPROVAL; PROVIDING SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
CITY COMMISSION MINUTES 13
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1 177 -09 -12986
2 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION
4 OF THE ACTING CITY MANAGER AS SIGNATORY IN CITY BANK
5 ACCOUNTS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
6 (Acting City Manager)
7
8 178 -09 -12987
9 17. 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 ADVERTIZING THE 1ST ANNUAL SOUTH MIAMI CITY WIDE EAT
14 TOGETHER FESTIVAL TO BE HELD NOVEMBER 14" AT THE
15 GIBSON - BETHEL COMMUNITY CENTER; PROVIDING FOR AN
16 EFFECTIVE DATE. 3/5
17 (Mayor Feliu)
18
19 Moved by Mayor Feliu, seconded by Commissioner Sellars, the
20 motion to approve the Consent Agenda passed by a 5 -0 vote:
21
22 Commissioner Palmer: Yea
23 Vice Mayor Beasley: Yea
24 Commissioner Newman: Yea
25 Commissioner Sellars: Yea
26 Mayor Feliu: Yea
27
28
29 RESOLUTION (S)
30 (CONT'D)
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33 179 -09 -12988
34 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE MAYOR AND
36 CITY MANAGER TO EXECUTE A PERMIT AGREEMENT FOR A ONE
37 (1) YEAR TERM WITH MIAMI -DADE COUNTY FOR LANDSCAPING &
38 PASSIVE PARK AMENITIES USE AT SOUTH MIAMI METRORAIL
39 STATION; PROVIDING FOR AN EFFECTIVE DATE. 3/5
40 (Mayor Feliu)
41
42 Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
43 approve this item.
44
CITY COMMISSION MINUTES 14
October 20, 2009
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Commissioner Sellars pulled
clarification regarding, sections
asking if the City could face any
BTEq
this item from the Consent for
10 and 13 of the agreement,
future liability.
Mr. Feingold said that the language is standard with an
interlocal agreement of this nature and that he feels comfortable
after discussing it the City Manager.
Commissioner Sellars also had a question regarding the one -
year agreement. Mayor Feliu explained that the property is under
litigation, and it is uncertain as to what would happen after one
year.
Commissioner Newman commended the Mayor for this project
because this has been an eyesore for many years. She also asked
as to whether we have a plan and any idea of what it is going to
cost.
Mr. Carlton said that he will be bringing back a plan that
reflects the short nature of this. Mr. Olivo added that we will
be getting from the County trees that are being planted citywide;
and a couple of those trees, probably 8' -10' feet will be planted
at this location.
Commissioner Newman also referred to the access to the
Metrorail Station coming from the side street which has been
blocked off for two years, making it very difficult for coming in
and out from inside, and she asked for this to be looked at as
well.
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
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, REQUESTING TO COMMENCE A
REQUEST FOR PROPOSAL (RFP) PROCESS FOR FINANCIAL AUDIT
SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
Moved by Vice Mayor Beasley, seconded by Mayor Feliu to
approve this item.
CITY COMMISSION MINUTES
October 20, 2009
15
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Mr. Feingold explained that there is a process that has to
happen before going with this RFP, such as creating an audit
committee and this will take time. Therefore, Vice Mayor Beasley
agreed to table this item at this time.
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to table this item passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
180 -09 -12989
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; CREATING A PENSION AD HOC COMMITTEE; WHICH
COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE .CITY
COMMISSION REGARDING ALTERNATIVES TO THE CITY'S PENSION
SYSTEM; APPOINTING COMMITTEE MEMBERS; PROVIDING AN
EFFECTIVE DATE. 3/5
(Commissioner Newman)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Commissioner Newman said that the purpose of creating this
committee is to bring back to the Commission different ideas and
alternatives to the current pension plan. At this time
Commissioner Newman named Brad Cassel and Vice Mayor Beasley
named.Toni Alam, and Commissioner Sellars named Lorie Yanoshik to
serve on this committee. The rest of the members said they will
be bringing their choice later on.
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
CITY COMMISSION MINUTES 16
October 20, 2009
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ORDINANCE (S) FIRST READING
(CONTD)
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II,
SECTION 8 OF THE CITY'S CHARTER; PROPOSING TO THE
CITY'S ELECTORS AN AMENDMENT TO THE CITY'S CHARTER TO
CHANGE THE PROCESS BY WHICH MEMBERS OF BOARDS AND
COMMITTEES ARE CHOSEN; PROVIDING FOR THE PROPOSED
AMENDMENT TO BE SUBMITTED TO THE CITY'S ELECTORS AT THE
NEXT MUNICIPAL ELECTION OF FEBRUARY 9, 2010; PROVIDING
BALLOT LANGUAGE; DIRECTING THE CITY CLERK TO TAKE ALL
NECESSARY ACTIONS TO CARRY OUT THE PROVISIONS OF THIS
ORDINANCE; PROVIDING AN EFFECTIVE DATE FOR THE
AMENDMENT AND DIRECTING THE CITY CLERK TO INCORPORATE
THE AMENDMENT INTO THE CHARTER AND TO FILE THE REVISED
CHARTER WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING
FOR SEVERABILITY, CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Commissioner Sellars)
Moved by Vice Mayor Beasley, seconded by Commissioner
Sellars to approve this item.
Mayor Feliu said that he would have preferred that the
Charter Review Committee had been given the opportunity to be
part of this decision - making process, and that is the reason for
him not being able to support it.
Commissioner Newman said that she is ready to support it
since the proposed Charter amendments being reviewed by the
committee will not go to the voters until November of next year
and that this is an opportunity to place this on the February
ballot.
With some further comments, the motion to approve this item
passed by a 3 -2 vote:
CITY COMMISSION MINUTES
October 20, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
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(UNFINISHED BUSINESS)
RESOLUTION (S)
22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PLACEMENT
OF AN ADVERTISEMENT FOR A CITY MANAGER; AND PROVIDING
AN EFFECTIVE DATE. 3/5
(Vice Mayor Beasley)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
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
(Acting City Manager).
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
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
(Acting City Manager)
CITY COMMISSION MINUTES
October 20, 2009
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ORDINANCE (S) FIRST READING
25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT
AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12 -05 -18341
AND AMENDED BY ORDINANCE NO. 17 -05 -1839, WHICH APPROVED
THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT
DEVELOPMENT -MIXED USE PROJECT KNOWN AS RED ROAD COMMONS
LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68
STREET; THE PURPOSE OF THE AMENDMENT IS TO REQUIRE THAT
ALL REQUIRED PARKING PURSUANT TO LAND DEVELOPMENT CODE
SECTION 20- 4.4(B) IS PROVIDED FOR ALL USES LOCATED ON
THE PROPERTY AND TO UPDATE THE CURRENT NUMBER OF
PARKING SPACES PROVIDED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
26. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
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. 1 3/5
(Acting City Manager)
27. 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
(Acting City Manager)
28. 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
CITY COMMISSION MINUTES
October 20, 2009
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a t
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
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
(Acting City Manager)
There being no further business to come before this Body,
the meeting adjourned at 11:29 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES 2 0
October 20, 2009
Approved
Horace G. Feliu
Mayor