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City of South Miami
Regular City Commission Minutes
November 3, 2009
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, November 3, 2009, beginning at
7:39 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 Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
(NONE)
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of September 22, 2009
Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the
motion to approve the minutes of September 22, 2009 passed by a
5 -0 vote:
CITY COMMISSION MINUTES
November 3, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
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Minutes of September 8, 2009
Moved by Vice Mayor Beasley, seconded by Commissioner
Palmer, the motion to approve the minutes of September 8, 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 October 6, 2009
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to approve the minutes of October 6, 2009 passed by a 5 -0
vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
2. City Manager's Report (25 minutes)
• Informational report on request to extend a variance
approval for a building site at 7039 SW 61 Avenue
pursuant to the provisions of Senate Bill 360. Mr.,
Carlton explained that this Bill was approved by the
legislation and signed by the Governor as a reaction
to the economic downturn. The position of the State
was that approval of developments could be extended
until a period of time and with a deadline for the
request for those extensions. Mr. Proctor said that
there is not an issued building permit for
development for this location at this time —he
further explained that the above State legislation
established a deadline of September 1, 2008 and
anything that has an expiration date after that date
this statute applies. Mr. Feingold concurred with
Mr. Proctor's explanation;
• Response to Mayor Feliu request for complementary
parking program for "Black Friday ". Mr. Carlton said
that the program he is proposing is to allow two
hours of free parking at the meters; after the two
free hours, they will be giving a courtesy notice
CITY COMMISSION MINUTES
November 3, 2009
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allowing for one hour of grace period. The merchants
are happy with the proposed program; Vice Mayor
Beasley then proposed that instead of having free
parking for the meters, urged having free parking in
the parking garage which will bring attention to the
garage, and this will also help the merchants; Mr.
Carlton said that he will look into the Vice Mayor's
suggestion since there is a revenue sharing
agreement;
• Confirmation of Manager's appointment to Pension
Board. Mr. Carlton said that he offered Mr. de la
Torre to continue on the board but that he declined.
• Mayor Feliu requested clarification regarding his
nomination of Javier Banos to the Pension Ad Hoc
Committee since Mr. Banos is currently serving on
the Pension Board. Mr. Feingold said it would be ok.
At this time the Commission unanimously
retroactively confirmed Rudy de la Torre as a member
of the Pension Board. This will be followed by a
resolution.
• Mayor Feliu at this time announced that after
working with Commissioner Gimenez's office for the
past two years, finally the site at the Metrorail
Station which has been an eyesore for a while, the
fences and concrete barriers will be removed, will
be planting trees and will also be having a ribbon
cutting ceremony sometime in November.
With no further comments, the City Manager's Report ended.
3. City Attorney's Report (15 minutes)
Mr. Feingold referred to item no. 29A, distributing a
revised resolution among the Commission to substitute with the
one on the agenda.
With no further comments, the City Attorney's Report ended.
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
25 -09 -2017
4. 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-
CITY COMMISSION MINUTES
November 3, 2009
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4.4(I) AND REMOVING SECTION 20- 4.4(M) ENTITLED "VALET
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PARKING PERMITS" IN ORDER TO PLACE THE SAME.PROVISIONS
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IN SECTION 15(C) OF THE SOUTH MIAMI CODE OF ORDINANCES;
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PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
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CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
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(Acting City Manager)
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Moved by Commissioner Palmer, seconded by Mayor Feliu
to
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approve this item.
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Mr. Vageline presented this item, also referring to the
next
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item which he said to be linked, and relating to the valet
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parking permits. 'This item removes this section of the
Land
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Development Code and the next item places the same on the
City
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Code of Ordinances.
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At this time the public hearing was opened and closed
with
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no speakers.
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With no further comments, the motion to approve this
item
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passed by a 5 -0 vote:
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Commissioner Palmer: Yea
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Vice Mayor Beasley: Yea
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Commissioner Newman: Yea
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Commissioner Sellars: Yea
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Mayor Feliu: Yea
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26 -09 -2018
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5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT
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TO THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING NEW
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SECTION 15(C) TO BE ENTITLED "VALET PARKING PERMITS FOR
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USE OF PUBLIC PROPERTY" IN ORDER TO I PLACE THE
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PROVISIONS OF PREVIOUS LAND DEVELOPMENT CODE SECTION
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20- 4.4(M) INTO THE CODE OF ORDINANCES AND FURTHER TO
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INCREASE THE FEES CHARGED FOR RENTAL OF ON- STREET
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CURBSIDE SPACES; PROVIDING FOR SEVERABILITY; PROVIDING
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FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
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DATE. 3/5
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(Acting City Manager)
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Moved by Mayor Feliu, seconded by Vice Mayor Beasley
and
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Commissioner Palmer to approve this item.
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Mr. Vageline also presented this item, explaining that
this
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item places former Land Development code above section into
the
CITY COMMISSION MINUTES 4
November 3, 2009
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City Code of Ordinances; and it changes the daily fee for rental
of public parking spaces for valet purposes, from $9 for 12 hours
per space, and $15 for 24 hours per space, to $18 for 24 hours
per space. $18 is the equivalent to the income from the use of
the metered parking space for 18 hours of a 24 -hour day.
At this time the public hearing was opened and closed with
no speakers.
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
ORDINANCE (S) FIRST READING
6. 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 -1834,
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)
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to approve this item.
Mr. Vageline explained that this ordinance is at the request
of the City Commission following the approval of the installation
of bicycle storage in the parking garage of Red Road Commons.
Since the installation of bicycle storage will remove eleven
existing parking spaces, this amendment to the Development
Agreement is to assure that the leasing of commercial space for
retail office and restaurant usages does not exceed the capacity
CITY COMMISSION MINUTES 5
November 3, 2009
of the existing parking spaces pursuant to the Land Development
Code. Mr. Vageline cautioned that the number of parking spaces
that remain will accommodate a mix of retail office and
restaurant uses, but could not accommodate all restaurant uses.
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
7. 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. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Youkilis presented this item, explaining that this
ordinance removes a current provision of the Land Development
Code that allowed a business to add additional parking that they
need and they do not have onsite, by leasing it within a certain
distance from another private facility. This has been in the book
for over a decade and with few uses of it. The Planning Board at
its July 14, 2009 meeting conducted a public hearing on the
proposed amendment, and, adopted a unanimous vote recommending
approval of the proposed amendment.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
CITY COMMISSION MINUTES 6
November 3, 2009
Yea
Yea
Yea
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Commissioner Sellars: Yea
Mayor Feliu: Yea
8. 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)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mr. Youkilis also presented this item, referring to the
November 4, 2008 approved Charter amendments relating to voting
procedure on resolutions and ordinances. He explained that
several Commissioners have asked that this amendment be made
before a decision is made on updating the amendment relating to
the voting on amendments to the Comp Plan or to the Land
Development Code (LDC) . The LDC currently has a definition for
the word "regulations ". It was recommended by the Planning Board
that the current wording in the code be used as part of the
definition of two terms. The proposed amendments are recommended
in order to avoid conflict with the Charter as amended. The
Planning Board at its September 9, 2009 meeting, after public
hearing, approved a unanimous vote recommending approval of the
proposed amendments.
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
9. 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
CITY COMMISSION MINUTES 7
November 3, 2009
BPA
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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)
Moved by Commissioner Palmer, seconded by Vice Mayor Beasley
to approve this item.
Mr. Vageline presented this item. In 1992 the City adopted
Chapter 10A as requested by FEMA; since that time, experience,
studies and investigations have resulted in revisions to the
Flood Insurance Rate Maps, as well as clarification of
definitions and technical language in flood regulations.
Effective September 11, 2009, new Flood Insurance Rate Maps
(FIRM) for the County, including the City of South Miami were
issued and are currently posted on the City's webpage. At the
same time, FEMA made revisions to the federal flood regulations
and is asking each jurisdiction, including the City of South
Miami, to adopt them. This ordinance replaces the 1992 flood
regulations with the revised FEMA flood regulations. The
combination of the FIRM map revisions and the updating of the
flood regulations results in fewer properties in the City being
required to carry flood insurance as the result of the drainage
studies that were done.
CITY COMMISSION MINUTES 8
November 3, 2009
B TEV,v
I With no further comments, the motion to approve this item
2 passed by a 5 -0 vote:
3 Commissioner Palmer: Yea
4 Vice Mayor Beasley: Yea
5 Commissioner Newman: Yea
6 Commissioner Sellars: Yea
7 Mayor Feliu: Yea
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9 PUBLIC REMARKS
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12 David Tucker Sr. addressed the Commission referring to a
13 resolution he had offered relating to conducting the meetings in
14 an orderly fashion.
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16 Paul Hunt addressed the Commission regarding a senior
17 discount coupon program for transportation. Vice Mayor Beasley
18 said that he had asked Mr. Hunt to come before the Commission for
19 this information.
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21 Barbara Prater spoke about certain problems she and her
22 husband have experienced with the City's Police Department. Mayor
23 Feliu urged Mrs. Prater to file a complaint with her concerns and
24 then follow up with a Commissioner. Mrs. Prater was reassured
25 that the City Manager and the Police Chief will follow up and try
26 to resolve the matter.
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28 Pension Board Chair, Javier Banos addressed the Commission
29 regarding the efforts of the board to resolve pension issues.
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31 Levy Kelly spoke about the upcoming Citywide Eat Together
32 event, made possible through the efforts of the South Miami
33 Homeowners' Association, the Alliance for Youth, South Miami
34 Hospital and the City's Recreation Department. The date is
35 November 14, 2009 starting at 9:00 a.m. at the Community Center.
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37 Sharon McCain referred to the termination of the former City
38 Manager, saying that she had her own reasons for agreeing with
39 the termination, such as lack of response to her during the
40 budget process to find out about the fanny pack man and to bring
41 down the revenues during the budget process. She also spoke about
42 the code of conduct and how it is being violated by some.
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44 Walter Harris spoke about the upcoming eat together picnic
45 at the community center, urging everybody to attend on November
46 14th from 9:00 a.m. to 1:00 p.m. He provided the Alliance for
47 Youth telephone number for people wishing to make donations,
48 (305) 270 -4188.
CITY COMMISSION MINUTES 9
November 3, 2009
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2 Dick Ward said that Walter, Levy and Daisy Harrell deserve a
3 great deal of credit for putting the picnic and garage sale
4 together. He then referred to people running in the middle of the
5 street that might be coming out of the gym located around Fox's.
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7 John Edward Smith referred to the passing of Marshall
8 Harris, a business and property owner in the City, and urged the
9 Commission to send an official letter of condolence extended to
10 his widow Harriet. He then commended the Commission for the
11 appointment of Mr. Carlton.
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13 Beth Schwartz also commended the Commission for the
14 appointment of Mr. Carlton. She urged the Commission to approve
15 the resolution on the agenda relating to the request for opening
16 a coffee shop at the Valencia building. She thanked Rudy de la
17 Torre and Doug Baker for the landscape and canopy trees in the
18 Cocoplum area. She also thanked staff for putting the time on the
19 meetings. She then requested considering the acquisition of a
20, vacant piece of land on 80th Street and Manor Lane so that it may
21 be turned into a bark park.
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23 With no further speakers the public remarks section was
24 closed.
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26 At this time item no. 10 on the agenda was pulled (.now no.
27 21)
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30 COMMISSION REPORTS, DISCUSSION
31 1 AND REMARKS
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(25 minutes)
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Commissioner Newman requested information on the
status of
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the renaming of Twin Lakes Drive for Mayor Jack Block.
The Clerk
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and the Manager are following up on it.
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Commissioner Newman referred to Art Night as a very positive
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event that showcases our retailers and our downtown;
there are
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many venues where they showcase art, and also wine
and cheese
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where many of the restaurants participate. This is a great
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opportunity to see all the businesses in the downtown
area. She
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said that the next event will be held November 13th
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Mayor Feliu asked that the event be advertised on
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website and also on Channel 77.
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CITY COMMISSION MINUTES 10
November 3, 2009
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1 Vice Mayor Beasley also reminded everybody about the Chamber
2 South Art Festival this weekend.
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s CONSENT
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181 -09 -12990
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI -
DADE TRANSIT AGENCY FOR FEDERAL FUNDING PASS - THROUGH
ARRANGEMENTS WITH THE AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) OF 2009 FEDERAL TRANSIT (FTA
5307) FOR THE INSTALLATION OF TWO (2) BUS SHELTERS IN
THE AMOUNT OF $112,431.84; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
182 709 -12991
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO. PURCHASE TEMPORARY PORTABLE LIGHTS FROM
LIGHTING SPECIALTIES COMPANY FOR SOUTH MIAMI PARK TO BE
USED WITH THE SOUTH MIAMI GREY GHOSTS SPORTS PROGRAM
AND TO CHARGE THE COST OF $41875.00 TO THE SOCCER
DONATION ACCOUNT NUMBER 001 - 0000 - 219 -3575; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
183 -09 -12992
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO PURCHASE A STORAGE CONTAINER FROM OMEGA
CONTAINER SERVICES COMPANY FOR SOUTH MIAMI PARK TO BE
USED WITH THE SOUTH MIAMI GREY GHOSTS SPORTS PROGRAM
AND TO CHARGE THE COST OF $3,190.00 TO THE SOCCER
DONATION ACCOUNT NUMBER 001 - 0000 - 219 -3575; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
13. A RESOLUTION OF THE
CITY OF SOUTH MIAMI
MANAGER TO EXECUTE A
SERVICE CORPORATION
CITY COMMISSION MINUTES
November 3, 2009
184 -09 -12993
MAYOR AND CITY COMMISSION OF THE
FLORIDA, AUTHORIZING THE CITY
SERVICE WORK ORDER FOR JENNY SOD
FOR LANDSCAPING IMPROVEMENTS TO
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:1 ant
SOUTH MIAMI METRORAIL STATION IN AN AMOUNT OF $6,750.00
TO BE CHARGED TO ACCOUNT NUMBER 001 - 1730 - 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
185 -09 -12994
14. 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 69TH ANNUAL FAIRCHILD TROPICAL GARDEN
RAMBLE FESTIVAL A FUNDRAISING FAMILY EVENT TO BE HELD
AT THE GARDENS NOVEMBER 20 -22, 2009; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
186 -09 -12995
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH .MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING NANCY DISOTUAR TO SERVE ON
THE SOUTH MIAMI' COMMUNITY REDEVELOPMENT AGENCY (SMCRA)
ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2,
2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
187 -09 -12996
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING CURPHY W. GRANT TO SERVE ON
THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA)
ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2,
2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
188 -09 -12997
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING WALTER HARRIS TO SERVE ON THE
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA)
ADVISORY BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2,
2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
189 -09 -12998
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
CITY COMMISSION MINUTES 12
November 3, 2009
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COMMITTEES; RE- APPOINTING GLADYS GILLIAM- TURNER TO
SERVE ON THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
(SMCRA) ADVISORY BOARD FOR A TWO -YEAR TERM ENDING
NOVEMBER 21 2011; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
190 -09 -12999
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; APPOINTING ALEC ROSEN TO SERVE ON THE SOUTH
MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADVISORY
BOARD FOR A TWO -YEAR TERM ENDING NOVEMBER 2, 2011;
AND
PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor Feliu)
191 -09 -13000
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS
AND
COMMITTEES; RE- APPOINTING TERRI VICKERS -BALLARD
TO
SERVE ON THE PARK AND RECREATION BOARD FOR A TWO -YEAR
TERM ENDING NOVEMBER 2, 2011; AND PROVIDING
AN
EFFECTIVE DATE.
3/5
(Mayor Feliu)
Moved by Vice Mayor Beasley, seconded by Mayor Feliu, the
motion to approve the Consent Agenda passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
RESOLUTION (S)
192 -09 -13001
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI -DADE
COUNTY'S OFFICE OF GRANTS COORDINATION FOR A FEDERAL
DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT RELATING TO
THE POLICE DEPARTMENT IN THE AMOUNT OF $4,056.00; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(Acting City Manager)
CITY COMMISSION MINUTES
November 3, 2009
13
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1
2 Moved by Vice Mayor Beasley, seconded by Commissioner Palmer
3 to approve this item.
4
5 Mayor Feliu explained that this item was pulled from the
6 Consent because of Commissioner Sellar's conflict of interest.
7
8 With no further comments, the motion to approve this item
9 passed by a 4 -0 voter
10
11 Commissioner Palmer: Yea
12 Vice Mayor Beasley: Yea
13 Commissioner Newman: Yea
14 Commissioner Sellars: Recused
15 Mayor Feliu: Yea
16
17 193 -09 -13002
18 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA, APPROVING ANTICIPATED
20 EXPENDITURES WITH VENDORS WHICH THE CITY ESTIMATES THE
21 PAYMENTS FOR THE FISCAL YEAR TO EXCEED $5,000;
22 INSTRUCTING THE CITY MANAGER TO REPORT ON A MONTHLY
23 BASIS CONTRACTS ENTERED INTO WITH VENDORS IN EXCESS OF
24 $5,000; AND PROVIDING AN EFFECTIVE DATE. 3/5
25 (Acting City Manager)
26
27 Moved by Mayor Feliu, seconded by Commissioner Palmer to
28 approve this item.
29
30 Mr. Carlton presented this item, explaining that he met with
31 the City Attorney, Finance Director and Purchasing Manager, and
32 came up with some revisions; the Commission is presented with a
33 list of appropriately procured vendors to approve. He said that
34 the concerns were that there was a potential for repeating
35 something under $5,000; the Commission will still be receiving
36 the list of vendors. Anything that is under $5,000, if it is
37 bought repeatedly will come to the Commission in a monthly report
38 for information. He asked the Commission to accept the submitted
39 report of vendors and then authorize him to go under the new
40 reporting system.
41
42 Commissioner Palmer asked for further clarification. Finance
43 Director Menendez explained that the new report will be by
44 vendor, while the monthly report is by account number.
45
46 With no further comments, the motion to approve this item
47 passed by a 5 -0 vote:
48
CITY COMMISSION MINUTES 14
November 3, 2009
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
lxt�
Yea
Yea
Yea
Yea
Yea
194 -09 -13003
23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SAFE
NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION
SUBMITTED FOR THE DISON PARK INFRASTRUCTURE PROJECT AND
AUTHORIZING THE CITY MANAGER TO COMMIT TO THE REQUIRED
MATCH IN THE AMOUNT OF $60,000.00; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Mr. Carlton explained that we do have $60,000.00 from Safe
Neighborhood Parks which requires a match; we have applied for a
grant from the State program, but the date that the grant
commitment is made is beyond the date that Safe Neighborhood
allows for a specific real match. What this does is simply saying
that the Commission is committed to come up with the grant; it is
just to assure Safe Neighborhood that the local match will be
available.
Commissioner Newman asked as to whether there is a plan for
this park. She said that it would be great if we could have a dog
park somewhere in the City because it is needed.
Parks and Recreation Director Garcia explained that we do
not have a complete plan yet for this park; the only requirements
that we have is that it would have a playground, some type of
walking trail and a pavilion or meeting place. He said that as
soon as we secure the funds we can have a workshop with neighbors
and residents.
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
CITY COMMISSION MINUTES 15
November 3, 2009
playt
195 -09 -13004
24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SAFE
NEIGHBORHOOD PARKS BOND PROGRAM GRANT APPLICATION
SUBMITTED FOR THE MURRAY PARK POOL AND AUTHORIZING THE
CITY MANAGER TO COMMIT TO THE REQUIRED MATCH IN THE
AMOUNT OF $220,050.00, WHICH WILL COME FROM THE OFFICE
OF COMMUNITY AND DEVELOPMENT MURRAY PARK POOL GRANT
ACCOUNT NUMBER 114 -2010- 572 -6441; AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Vice Mayor Beasley, seconded by Mayor Feliu to
approve this item.
Mr. Carlton said that he received a call today from Ruben
Arias with Commissioner Gimenez's office informing that he will
be allocating from his Community Development allocation for this
year, another $110,000 for this park; he added that he is working
very hard to come up with an operating budget for this park, and
before the Commission makes the final decision on this, we will
finish the design and we will provide estimates and the proposed
sources for funding.
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
196 -09 -13005
25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING
BOARD TO CONSIDER AN ORDINANCE REVISING THE SITE PLAN
AS ADOPTED VIA ORDINANCE NO. 24 -01 -1755 ON OCTOBER 2,
2001 FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th
STREET BY AMENDING THE FIRST FLOOR PLAN TO ALLOW OTHER
USES IN ADDITION TO RETAIL USES; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
CITY COMMISSION MINUTES 16
November 3, 2009
Isayt
1 Mayor Feliu said that he sponsored this resolution because
2 there are some empty spaces in that building, and that he has had
3 meetings with people that would have wanted to invest some money
4 in opening a coffee shop or other uses for the retail spaces;
5 however, they would have had to come up with significant amount
6 of money to go through the process. This will allow for a greater
7 venue and variables to be able to best utilize those spaces,
8 while improving the area and also enhancing our tax base.
9
10 Commission Newman commended the Mayor for this initiative
11 since she said that she has been passing by that area for years
12 looking at those empty spaces, so she said that she will support
13 him on this.
14
15 Vice Mayor Beasley and Commissioner Palmer concurred with
16 Commissioner Newman.
17
18 With no further comments, the motion to approve this item
19 passed by a 5 -0 vote:
20
21 Commissioner Palmer: Yea
22 Vice Mayor Beasley: Yea
23 Commissioner Newman: Yea
24 Commissioner Sellars: Yea
25 Mayor Feliu: Yea
26
27
28 197 -09 -13006
29 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE ACTING CITY.
31 MANAGER TO DETERMINE THE EXISTENCE AND FEASIBILITY OF
32 USING CITY PROPERTY FOR SITING FACILITIES AND OTHER
33 EQUIPMENT FOR WIRELESS COMMUNICATION TRANSMISSION
34 FACILITIES BY COMMERCIAL COMMUNICATION SERVICES
35 PROVIDERS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
36 (Mayor Feliu)
37
38 Moved by Mayor Feliu, seconded by Commissioner Palmer to
39 approve this item.
40
41 Mayor Feliu said that the City will probably be facing even
42 more difficult financial challenges in the near future and it is
43 important to look for new forms of revenue, and by allowing
44 commercial communication services providers using City property
45 for siting facilities for the installation of wireless
46 communication transmission could be a good source of revenue for
47 the City during these difficult economic times.
48
CITY COMMISSION MINUTES 17
November 3, 2009
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Commissioner Palmer asked as to whether there is a need for
this; she also requested information regarding U -verse which had
been brought up by a speaker at a previous meeting.
Mr. Carlton said that the question of whether there is a
need for this will be determined by the results of the proposed
feasibility study. Regarding U- verse, he said that there is
always a desire for more cable options, so that he will be
looking into the matter.
Commissioner Newman said that she is not a fan of
communication towers since there may be various issues relating
to aesthetics and health.
With some further comments, the motion to approve this item
passed by a 4 -1 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Nay
Commissioner Sellars: Yea
Mayor Feliu: Yea
198 -09 -13007
27. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING AN AUDIT
COMMITTEE TO ESTABLISH CRITERIA, REVIEW AND ASSIST IN
THE PROCESS OF SELECTING AN AUDITOR; PROVIDING AN
EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
Mr. Carlton explained that under state law, we must make our
.selection of new auditors using an independent audit committee.
With some further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
November 3, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
Im
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199 -09 -13008
28. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE ACTING CITY
MANAGER TO EXPLORE METHODS OF ATTRACTING SUPERMARKETS
TO THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley and
Commissioner Palmer to approve this item.
Mayor Feliu explained that Bacardi has purchased the Winn
Dixie property on SW 73rd Street, which means that the new owner
may decide to build something there that might not include a
supermarket, thereby depriving the City of having a supermarket
within our City limits.
Commissioner Newman said that she has heard that Winn Dixie
has signed a five -year lease. She said that she is in.favor of
attracting a supermarket, but one that is affordable, not a
boutique type of supermarket.
Commissioner Palmer said it would be a sad thing for the
residents of our City not to have a supermarket and that it must
be affordable.
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
200 -09 -13009
29. 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 Mayor Feliu, seconded by Vice Mayor Beasley and
Commissioner Palmer to approve this item.
CITY COMMISSION MINUTES 19
November 3, 2009
I naf t
Mr. Carlton said that he met with the principals of this
firm suggesting a couple of changes that would provide clear
information to the Commission regarding the audit. He said that
the first change that he suggested, at no additional cost, is to
separate the management letter from the lengthy report; the
second change is that when they do their initial work, they often
have differences with the way we keep our books, so he said that
he has suggested that those initial findings be disclosed as part
of the audit. Finally, he recommended approving the third year
for the same price and with the amendments he has suggested
regarding the information that will be delivered.
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
29A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; SUPPLEMENTING THE PENSION AD HOC COMMITTEE
ADOPTED BY RESOLUTION NO. 180 -09- 12989, BY PROVIDING
THAT THE COMMITTEE MUST FURNISH ITS REPORT TO INCLUDE
THE PROCESS REQUIRED AND FEASIBILITY FOR THE CURRENT
PENSION PLAN TO BE REPLACED BY THE FLORIDA RETIREMENT
SYSTEM TO THE CITY COMMISSION WITHIN SIX MONTHS;
PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice 'Mayor Beasley to
approve this item.
Mayor Feliu said that besides all other efforts being
pursued, such as creating a Pension Ad Hoc Committee, they really
need to let the employees know that they are serious about making
the right move, and that they could increase their take -home pay
by going to the Florida Retirement System (FRS).
Commissioner Sellars said that the way that this is drafted
is limiting the Ad Hoc Committee's ability to determine what they
believe is in the best interest of the City; he then referred to
the second "whereas" directing the Committee to include in the
report to the Commission the process required and feasibility for
the current pension plan to be replaced by the FRS. He added that
CITY COMMISSION MINUTES 2 0
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this is directing the Committee to rubber stamp the process. He
said that he voted for the Committee so that they could look at
all the various mechanisms and determine what would be in the
best interest of the City. He said that it may be that at the end
of the day the cheapest thing to do would be to stay where we
are.
Commissioner Palmer said that she knows from experience that
the FRS is a good system by which the City will pay less and the
employees will take more money home; however, she would like to
see some amendments made to this resolution so that other systems
could be explored.
Mayor Feliu said that he believes in compromise if it means
giving a better direction to the Ad Hoc Committee; he said that
they also need to recognize that the FRS has thousands of people
contributing to the fund which makes the system much stronger.
Vice Mayor Beasley said that they already have an
established Committee for this purpose and this will just
undermine their research.
Moved by Commissioner Palmer to amend the resolution by
including "other options ". Seconded by Mayor Feliu, the motion
failed by a 2 -3 vote:
Commissioner Palmer: Yea
Vice Mayor Beasley: Nay
Commissioner Newman: Nay
Commissioner Sellars: Nay
Mayor Feliu: Yea
Moved by Commissioner Sellars, seconded by Vice Mayor
Beasley to amend the resolution, beginning on page 1, line 19,
...the process required and feasibility to see if the current
pension plan of South Miami needs to be replaced. He then
referred to line 27, inserting to determine if after the word
feasibility; on line 28, deleting the following: to be Y^n'aee-d
on line 31, insert ...to
opt out of the current pension plan or look at Florida State
Retirement System; on page 2, line 1 delete and add: a-nel ehee
or a personal 401K type retirement plan which would be more
suitable to their needs.
After further discussion, the motion to approve the
resolution as amended and as a whole failed by a 2 -3 vote:
CITY COMMISSION MINUTES
November 3, 2009
Commissioner Palmer: Yea
21
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Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
Ina t
Nay
Nay
Nay
Yea
At this time the Mayor announced a five - minute recess.
201 -09 -13010
30. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RETROACTIVELY CONFIRMING THE APPOINTMENT OF
RUDY DE LA TORRE, DESIGNATED BY THE CITY MANAGER, TO
SERVE ON THE PENSION BOARD FROM JUNE 2007 UNTIL THE
ACTING CITY MANAGER FINDS A REPLACEMENT; AND PROVIDING
AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Commissioner Palmer to
approve this item.
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
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONT'D)
27 -09 -2019
31. 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
CITY COMMISSION MINUTES
November 3, 2009
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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 Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Commissioner Sellars said that the purpose of this proposed
amendment to the Charter is to accomplish the process by which
members are placed on boards and committees in a more democratic
way by allowing each member of the Commission to select a member.
He then asked as to whether the Pension Board should be exempt
since some of the members are selected through a slightly
different process. Mr. Feiirngold said that this would not be
necessary.
Commissioner Palmer referred to the Charter Review Committee
saying that she would really wish for them to review these
proposals:
At this time the public hearing was opened.
Yvonne Beckman thanked Commissioner Sellars for sponsoring
this ordinance in an effort to promote democracy. She then
suggested including language allowing a board member who runs on
an election and loses to be placed back on the board until
his /her time expires.
Sharon McCain addressed the Commission in favor of this
proposed Charter amendment which will allow more people to serve
on boards and committees.
Walter Harris said that the Charter Review Committee is
going through a very complicated task and is taking its time with
the many changes that will be recommended. He also said that they
are trying to propose clarification on the November of 2008
Charter amendment regarding vote requirements.
.Brad Cassel asked for clarification regarding any conflict
with this proposed amendment to the Charter and the police
retirement plan which is affected by Chapter 185. Mr. Feingold
reiterated that there is no conflict.
Beth Schwartz also commended Commissioner Sellars for having
this initiative.
With no further speakers the public hearing was closed.
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November 3, 2009
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Commissioner Newman at this time proposed an amendment to
the ordinance regarding vacancies.
Mr. Carlton said that what the County does on this issue is
that the replacement appointment is done in the same manner as
the original appointment.
Moved by Commissioner Newman to amend the ordinance,
specifying that replacement appointments would be made in the
same manner as the original appointment. Seconded by Commissioner
Sellars, the motion passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
Moved by Mayor Feliu to extend the
in order to finalize the last two items.
Sellars, the motion passed by a 5 -0 vote:
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
Yea
Yea
Yea.
Yea
Yea
meeting after 11:00 p.m.
Seconded by Commissioner
Yea
Yea
Yea
Yea
Yea
Mayor Feliu said that he had originally opposed this
ordinance on first reading because he would have preferred that
this proposed amendment to the Charter had come from the Charter
Review Committee; however, because of the timeframe to the next
election, and because we have citizens who have voiced very
vocally and logical argument as to how they feel, he will be
supporting this ordinance and he also commended Commissioner
Sellars for his idea.
With no further comments, the motion to approve this item as
amended passed by a 5 -0 vote:
CITY COMMISSION MINUTES
November 3, 2009
Commissioner Palmer: Yea
Vice Mayor Beasley: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
Mayor Feliu: Yea
24
i
RESOLUTION (S) PUBLIC HEARING (S)
202 -09 -13011
32. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DETERMINING PURSUANT TO
LAND DEVELOPMENT CODE SECTION 20- 4.8(C)(2) THE
EXISTENCE OF A NON - CONFORMING RESTAURANT USE AT THE
BEST MIAMI HOTEL LOCATED AT 5959 SW 71St STREET AND TO
PERMIT THE CONTINUATION OF THE RESTAURANT USE AT SAME
LOCATION; PROVIDING AN EFFECTIVE DATE. 3/5
(Acting City Manager)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
At this time speakers were sworn in, and Mr. Youkilis
presented the item. The applicants are requesting for a former
non - conforming general restaurant at the above location to be
allowed to continue to operate. The place was previously occupied
by the former Bernie's Steak House in* the Best Miami Hotel. The
occupational license of the previous restaurant expired in
September 2008 and was never renewed. The Land Development Code
(LDC) provides that a non - conforming use which remains vacant for
a continuous period of six months cannot be used again except in
conformity with existing zoning district regulations. However,
the LDC also provides allowing the Planning Board to make a
recommendation, and the City Commission to make a determination
to allow for the continuation of a non - conforming use, after
public hearing. The Planning Board at its meeting of October 13,
2009 unanimously recommended approval of the request with the
condition that the business pays any outstanding fees that are
owed to the City. Staff also recommended approval of the request.
The public hearing was opened at this time.
The applicant reassured the Commission that they will
continue to comply with parking regulations and they will
continue to use the same company that was used by the prior
tenant.
Sharon McCain addressed the parking issue, asking for
further clarification on the number of parking spaces.
The applicant said that there are plenty of empty spaces
since tenants are seasonal and mostly with no cars; she said that
during the day the parking lot is practically empty. The
applicant added that over the last three months they have been
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working there they have received
that they could not promise 180
20 -25 families in the area will
that they are happy to be able
community.
t-
over 180 applications; she said
positions but at least between
have some sort of income, and
to give something back to the
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
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
(CONT'D)
33. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2010
GENERAL AND SPECIAL ELECTION OF THE MAYOR AND CITY
COMMISSIONERS FOR GROUPS, I AND IV; SCHEDULING THE DAY,
PLACE AND TIME OF THE ELECTION; PROVIDING FOR
QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF
ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
Moved by Mayor Feliu, seconded by Vice Mayor Beasley to
approve this item.
Mayor Feliu explained that this is just standard procedure
for the upcoming February election, and this is just to give
directions to the Clerk and to advice the Miami -Dade Elections
Department of our election.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
CITY COMMISSION MINUTES
November 3, 2009
26
V
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Commissioner Palmer:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Sellars:
Mayor Feliu:
BT2q,
Yea
Yea
Yea
Yea
Yea
There being no further business to come before this Body,
the meeting adjourned at 11:13 p.m.
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
November 3, 2009
27
Approved
Horace G. Feliu
Mayor