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City of South Miami
Regular City Commission Minutes
June 5, 2012
G. PRESENTATIONS
A Leadership award by the PBA was presented to Chief Orlando Martinez de Castro.
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
The following members :B;Hhe City c;~~I~~j8'B;::~ere present: COl11missioner Harris,
Commissioner Welsh, Commission~,~~:ewman, Vice M~\ldr Liebman, Mayor Stoddard.
Also in attendance were: d~YAttor~~Y'Thoma~F,pepe, Esq., City Manager Hector
Mirabile, Ph.D, and City~lerkiMaria M. M~nendez,Cl'Vlq,
D.
E.
F.
H.
"':.::~.::~:;:::\~::"
By.Commissi(M~l::HaHi
PLEDGE oF~tL~!GIA:'2~/' .. ~OBBYIST(S) A:~i~iS$I!'J~1f~:~ ••• 'mY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE'CrTY CLERK'
APPROVAtb~MINUTE~>!:i"i
a) Minut:i;Jt~t~':o, 2012
33 Moved by Mayor Stoddard, seconded by Vice Mayor Liebman, the motion to approve
34 Minutes of May 10, 2012, passed by a 5 -0 vote:
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Yea:
CITY COMMISSION MINUTES
June 5, 2012
Commissioner Harris
Commissioner Welsh
Commissioner Newman
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Nay:
Vice Mayor Liebman
Mayor Stoddard
None
b} Minutes of May 15, 2012
4 Moved by Mayor Stoddard, seconded by Vice Mayor Liebman, the motion to approve
5 Minutes of May 15, 2012, passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Hadl~ ' ..
Commissioner W~'l~h
Commissio.O:~P·N~~man
Vice M~¥~~:~j~bman
Mayor;S\~:~~ard
None
I. CITY MANAGER'S REPORT
(See Attached)
http://wvv.~i.~8Utiff;ijipmifl.gov/2Jh~ntuRI9·a·d'§VA~c8ivelgSM_CityManagerBriefings20
12/CM%20Manager'%.2QReport%j2.~J.une%205~%4Q~6i2.pdF;\
J. CITY ATTORNE:'~:~~ }L
" HOI~i~}~~ii;;wall'" ,~litl~nh~~!'~e:~1{~rved -the city attorney requested an
attorn'ey-client sessionf6u,JlIne ~25!i2J)12 at 7:05 p.m. to discuss this issue, as well as the SE
Investment Group matter.H~:·a.lso r~Wbrted about a new lawsuit on the pension issue.
" "'. T,=>,,~~,:5\', "
"'-':"::'<'::-"
PU BLiCREMARKS
Manysp~i~;~~q;?pb\~~J in favor of the South Miami United Soccer Program (SMU),
some of which were re~ia~Bts of Coral Gables and nearby neighborhoods; there were also
residents from South Miar-:,tsuch as President of South Miami United, Patrick Flood, Carmen
Salas and others. Dick Ward also addressed the Commission in support of SMU; none of the
speakers signed up as required.
28 John Edward Smith urged the Commission to conduct the meeting with more
29 efficiency. He then referred to the awards received by Police Chief Martinez de Castro.
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CITY COMMISSION MINUTES
June 5, 2012
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1 A South Miami new resident addressed the Commission regarding a South Miami
2 summer school program that she runs in the City. For further information she provided the
3 following telephone number 305-742-8247.
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Antoinette Fischer spoke about the inconvenience caused by the Twilight 5K .Run
held on Sunday where some streets were closed for the event. She then spoke against item no.
7 on the agenda.
Sharon McCain spoke against item no. 6 onth~/agenda. She then spoke about
public records requests...fi,,; .•.
Florida Power and Light Area Mana eri::·~~~on~~;.t~J;;:i;lddressed the Commission
regarding item no. 6.
Beth Schwartz spoke in support ~~:i~lTI~ no. 5 and no. 6. Sh~;~ISP referred to issues
relating to a previous resolution regarding censuriW~!~!!~olTlp)issioner.
Com m issio'!"
Labrador retriever;.
.. .. .c~:m!i~~i~ri~~? Ne
being coriducted by somJ~;~if.i~S. S
help from thecpmmunity ;g~that she
. resse~!~~;~'c~mmission in sUPP~~~Of item no. 6.
e to help by temporarily adopting a
.. .. .
ferr~d{t~;'an initiative against the use of plastic bags
". spoke about a City resident in distress who will need
return to her home which is apparently in need of
, c/ \:}::'>:, :.:
repair. May~;1~';clp,~rd a~~~ about the status on the pool contract; Dr. Mirabile said that
the drawings will go befor,e~6~i~AC. With regard to the bathrooms, Dr. Mirabile referred to the
floor plan presented withhis;)~~·port.
About the PACE agreement, the Mayor said that it is on hold until final details are
resolved; he then urged the Commission to consider the installation of red light cameras on
dangerous intersections of USl because they could save lives.
CITY COMMISSION MINUTES
June 5, 2012
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M. CONSENT AGENDA
2. A Resolution authorizing the City Manager to accept $5,000.00 donation from
Larkin Community Hospital for the 2012 Fourth of July celebratory event.
3/5 (City Manager-Special Events)
4 Moved by Commissioner Harris, seconded by Commissioner Newman, the motion to
5 approve Resolution no. 115-12-13672 authorizing the City Manager to accept $5,000.00
6 donation from Larkin Community Hospital, passed by a !?20vote:
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3.
Yea: Commissioner H~fi~r';"
Com m issiol1ef:',\I\I~lsh
Commissib6~cfNewman
Vice M~V9t:.Liebman
Mayor St6a~a d
Nay:, None
A Resolution aut~~~~rj;~~~;City :~n _eeL to permit Larkin Community
Hospital to hold a HealtfiJ~lir;'811:~~,turdaY51'Y.fl~ 23, 2012, and closing down
SW 70TH$treet and SW';6'ft.Courtbetween SW'62>Avenue and SW 61 Avenue
'····I{·~·v~~J~~): .
.. '" •. ,.'.~.i.l<:',r""
Moved by MayorStodga~d'~~,9BP~ed by ",ii' missioner Newman, the motion to
approve R~sQI~~i·6?ino,.116-:I.4-i(373\~tltlibri4ipg tli!~i~ity Manager to permit Larkin Community
Hospital tB' !1()ld a Health Fcair ancfS'Bsing dd\,0ri.:~,~ 70TH Street and SW 61 Court between SW
62 and'S\I\f{Jl Avenues fOl'the ev~rH:ipi3ssed by'~j'5 -0 vote:
'"'' >, ' ': .. '\:':
. ,':!>.
Yea:
Nay:
:';:S~
c'brnmissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
4. A Resolution requesting approval to permit the installation of a banner over
the public right-of-way at 5800 Sunset Drive to promote the "20th Annual
International Mango Festival at Fairchild/' held by the Fairchild Tropical
Botanic Garden on July 14 through July 15, 2012. 3/5
(City Manager-Planning & Zoning)
CITY COMMISSION MINUTES
June 5, 2012
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2 Moved by Mayor Stoddard] seconded by Commissioner Newman] the motion to
3 approve Resolution no. 117-12-13674 requesting approval to permit the installation of a banner
4 over the public right-of-way at 5800 Sunset Drive to promote the "20th Annual International
5 Mango Festival at Fairchild/' passed by a 5 -0 vote:
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5a.
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Lieb l11 ah'
Mayor StoddClrd;?"
None
A Resolution appointing Dong~r~t::I:ley to serve on theEiti~~ns Advisory Group
(Community Gardens & Farmers'rYJ'Clrket) for·aJl unexpired'term ending
October 4] 2012.
3/5
Moved b~::~~::;::;a::~:~:) S:~>2o~miS~ionerNewman, the motion to
approve Resolution n ";~~"r~;J;~\675 app~:V;" ing D6I1n'~,~~h~lIey to serve on the Community
Gardens & Farmers' t] pa~~<\?'y ya 5 -te;;;,)/'" , ..
Nay:
CQmmiSS;;~~er Harris
/. egifrlin issio rrer'Welsh
\;\ coffiffif~~l<:ine~ Newman
~:e;L¥ice Ma~dfriebman
iCrYJayor Stoddard
N~n~
AR@Sblution directing the City Manager to pay Luis Reiter, with the firm of
Squi;'g"tSanders"(US) LLP the sum of $4,021.93 for services rendered for the
period ApriJ 2()i2; charging account no. 001-1500-514-3410 legal services-
litigation. 3/5
(City Attorney)
This item was pulled from the Consent for further discussion and clarification.
19 Mr. Pepe addressed the Commission regarding the status of efforts to recover
20 these costs.
CITY COMMISSION MINUTES
June 5, 2012
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1 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve
2 Resolution no. 119-12-13676 directing the City Manager to pay Luis Reiter the sum of
3 $4,021.93, passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
A Resolution directing the City;M~hager to ceaie. the current practice of
putting notices on trash bins in'i6~der to notify City residents of when garbage
will be picked up during the we'ekof a national holiday:,~!;;:ii'
3/5 (Commission~h!Welsh & Vice. Mayor Liebr{}an)
This item was pulled e con~~~i!f~fil¥~;ther diSCUSSi~~;~~bout alternate
routes.
..... y;.;~.".· .... ·'~:~~~&iebman, the motion to Moved by Commis~i9n~r Welsh,
approve Resolution n()~il2.0~~~~~~;~77 dire
of putting notices oriJtr~sh bins;,;i.pt~!?;sed by
rt()cease the current practice
N.
6.
<>>:.";;.>,
Y~~~''i ;~Ol1lmissi ~;'f;7~ ... !m~tf~jl§ .. ewman
;l;;{i~i>~ice M ayorli ebm a n
;;;;M~yor Stoddard
Nay: Nb'iie'
.. .(:~;;?
A Resolution instructing the City Attorney to hire outside legal counsel to
intervene on/the City's behalf in the FPL rate case before the Florida Public
Services Commission, for an amount not to exceed $25,000.
3/5 (Mayor Stoddard)
Mayor Stoddard added further clarification regarding the purpose of the resolution.
Vice Mayor Liebman said that he could not support the requested expenditure.
CITY COMMISSION MINUTES
June 5, 2012
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Vice Mayor Liebman said that he could not support the requested expenditure.
Pinecrest Mayor Lerner was available to provide further information.
Moved by Commissioner Welsh to amend the resolution to offer the law firm a deal
that if the critical mass for this legal endeavor is not reached that we get our $25,000 back.
Seconded by Commissioner Newman, the motion passed by a 4-1 vote (Liebman nay)
Moved by Commissioner Welsh, seconded by MaYOr St~Jdard, the motion to approve
as amended Resolution no. 121-12-13678 instructing the',c:ityXAttorney to hire outside legal
counsel to intervene on the City's behalf in the FPL rat~)~asefQf amount not to exceed
$25,000, passed by a 3 -2 vote: " .• ,in!>'
Yea: Commiss,iQ~er Harris
Nay:
commis~iBQ'~;~,welsh
Mayor Stoddard.
:J·j&pQlllmiSSioner'Newman
"i>.~iceMa)'or Liebm~n
Moved by Mayor Stp?dard, secoh4ed b~;tdhJt?JssiOn~rl:-larris, the motion to approve
Resolution no. 121-12-:.J;S~lW~~~~9pPointingcADtoin~ti¢t '~{~ertoserve on the Citizens
Advisory Group (Corrfli'l~Wltyd~~d:~lls & Far~er~'rYi;~tk~t), ~~~:e.d by a 5 -0 vote:
",,"Cc/c"<'_ '-:P _,,":' ' ,. ,'''',,', '.' ;'~:';<'.'/'
O.
~~~~;P. .,·,Commissioner Harris
"";',.,<\).,-/2:
F
.,'-/" ,X~Binmissio·ri~~-:.;Welsh
.;~:,: }}?:~:':::}";;»" C~;;'~issioneiNewman
"i Vice MaybrLiebman
'j'Y1 pyor Stoddard
None,
RESOLUTIC>N(SJ PUBLlC'HEARING(S)
7. A Re~olt~ion/~~lated to the request for eight variances from Section 20-3.5 of
the City's [~ri'd Development Code. 1. to allow a 37.5' frontage where a 60'
frontage is required; 2. to allow development on the lot which has 3,525
square feet where 6,000 square feet is required; 3. to allow 5' interior setback
when 7.5' is required; 4. to allow 12' front setback when 25' is required; 5. to
allow 9.17' side street setback when 15' is required; 6. to allow 24.33' back
setback when 25' is required; 7. to allow one parking space where two are
required; 8. to allow maximum building coverage of 38% when 30% is
CITY COMMISSION MINUTES
June 5, 2012
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lot of record in an RS-4 zoning district at the NE corner of SW 62 Ave. and SW
62 Terr. Folio # 09-4025-009-0240, within the City's Community
Redevelopment Area. (City Manager-Planning &
Zoning) 3/5
Public Hearing opened and closed with no speakers.
The Commission discussed the request, and the,majority concluded that the lot is
too small. They were mainly concerned by setting a precec:!~Dt. .
The City Attorney provided an opinion eXPI~i~i~~'~Ba~;,this is an unusual situation.
Commissioner Welsh proposed anf~m~ffdment to gra~tvariances 1, 2 & 3,
)_«~>::' ! c '/, ' -.~~;
M_ .~
Ann Maning from the Miami-Dad~;Aff9rdable HOl..!sing Founa~tion was available to
answer questions by the Commission.';;J/"ri:.. ?
.... ;,>.":iil~~G}·g~)Y
Moved by Commissioner Welsh),s~~qnded by Mav,gr"Stoddard, the motion to approve
Resolution related to the request for elgbt~~H~Qc:es fromS~~tiQn 20-3.5 ofthe City'S Land
Development Code, failed by a 1 -4 vot~::\ ~,::>~~~\
P.
... Y;~!\
··N~~:.
;,)r:.<~,.
Commi~~i'6tl~~ Harris
Commis;i6her Welsh
i~'i;.. issiorl~~':Newman
Vice :ijypr L\~bman
'An Ordinance~hi'ending~~ction 20-8.9 of the Land Development Code titled
Spec:iaJ Excepti61"l~1within the T.O.D.D. district, in order to, among other things,
include .'. the folldtving; a definition of special exception and Large Scale
Development;.<provisions and conditions for review and approval; deleting
minimumlofarea; providing for perpetual maintenance; and providing for the
expiration and extension of approvals.
3/5 (City Manager-Planning & Zoning)
Public hearing opened and closed with no speakers
CITY COMMISSION MINUTES
June 5, 2012
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1 The Mayor raised concern about the language in Section (E) relating to the
2 reapplication for development review and the Commission discussed the provision with staff.
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4 Moved by Commissioner Harris, seconded by Commissioner Welsh, the motion to
5 approve Ordinance no. 08-12-2124 amending Section 20-8.9 of the Land Development Code
6 titled Special Exceptions within the T.O.D.D. district, passed by a 5 -0 vote:
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Yea:
Nay:
Q. ORDINANCE(S) FIRST READING
R. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
June 5, 2012
Commissioner
Commissioner
Vice Mayor
Mayor
None
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