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_Ha1 2 3 g 13 14 16 17 G. PRESENTATIONS City of South Miami Regular City Commission Minutes February 5, 2013 ill Certificates of Appreciation to the MLK Committee A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) See Add-On Item (a) on page 6 of the Minutes. C. ROLL CALL 18 The following members of theptYCommission were. present: Commissioner Harris, 19 Commissioner Welsh, C()rJ;lmissioner Newman, Mayor Stoddard, Vice Mayor Liebman. 20 21 Also in attendance were'{City AttorneyThomas F. Pepe, Esq., City Manager Steven 22 Alexander, and City Clerkrylaria M.rylenendez,CMC. 38 33 34 36 37 D. MOMENT OF SILENC~ E. PLEDGE OF ALLEGIANCE F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK H. APPROVAL OF MINUTES a) Minutes of January 22, 2013 The Minutes of January 22, 2013 were unanimously approved as presented. I. CITY MANAGER'S REPORT CITY COMMISSION MINUTES February 5, 2013 1 1 Mr. Alexander reported on the following: the status of the Sylva Martin Building 2 renovation; the mold issue in the porch area; the YMCA; the pool project. 4 :h CITY ATTORNEY'S REPORT 5 6 Mr. Pepe reported on the following: the ongoing Metro South litigation; employee's 7 appeal; FCC matter; the YMCA. ~ K. PUBLIC REMARKS 10 11 The following individuals addressed th~COmrl1issiog;sharon McCain, Marice Chael, 12 Antoinette Fischer. L. COMMISSION REPORTS, DISCUSSION & REMARKS 15 16 Most of the Commission comments consisted of/the following subjects: a speed 17 bump to be installed at Manor Lane and 60th Ave; requesting an update on the RFP for street 18 and sidewalk assessment; upcoming cleanup by South Miami Hospital at All America Park; a 19 proposed permitted use change at the Shops of Sunset; al1nouncing the upcoming Charter 20 Review Committee publi<:\f1{Qfkshop for Friday, February 15 at5:00 p.m. H 25 M. CONSENT AGENDA 1. A Resolutionrelatirig.toboards and committees; appointing Patrick M. Bell, to serveon the Blldget ahci· Finance Committee for a term ending September 30, 2013. (Deferred 1/22/13) 3/5 (Mayor Stodclard) 26 Moved byMayor Stoddard, seconded by Commissioner Newman, the motion to 27 approve Resolutiql1l>Jo. 18-13-13836 appointing Patrick M. Belt to serve on the Budget and 28 Finance Committee for a term ending September 30, 2013, passed by a 5 -0 vote: 29 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 2. A Resolution relating to boards and committees; appointing Kyle R. Saxon, to CITY COMMISSION MINUTES February 5, 2013 2 serve on the Budget and Finance Committee for a term ending September 30, 2013. (Deferred 1/22/13) 3/5 (Commissioner Harris) 1 2 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to 3 approve Resolution No. 19-13-13837 appointing Kyle R. Saxon, to serve on the Budget and 4 Finance Committee for a term ending September 30, 2013, passed by a 5 -0 vote: 5 8 9 10 11 12 13 16 4. Yea: Nay: Commissioner Harris Commissioner Welsh. Commissioner Newman Vice Mayorli~bman Mayor St,o~dard None ",', , '.','.. " A Resolution supporti~g Senator Diane Feinstein's bill prohibiting specifically- named assault, aJt0fu.~ti(;and semi-automatic weapons, and ammunitions magazines that holdn,6r,~thanl0 rounds; 3/5 (Commissioner Harris)':;" Moved by May:orStodcl~rd, second~~ by Commissioner Newman, the motion to approve ResolutionNo.(20-13-13?~8 supportin?;Senator Diane. Feinstein's bill prohibiting specifically-named a~~'ault, autom~tic and semi~automatic weapons, and ammunitions magazines that hold more. than 10~~uncls, passed by a 5 -0 vote: Nay: ·)"~~~~l~~ioner Harris Commissi()ner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 5. A Resolution relating to the Charter Review Committee; authorizing the Committee to hold its first workshop scheduled for February 15, 2013, to provide for community participation. 3/5 (City Attorney) 17 Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to 18 approve Resolution No. 21-13-13839 relating to the Charter Review Committee; authorizing the 19 Committee to hold its first workshop scheduled for February 15, 2013, passed by a 5 -0 vote: CITY COMMISSION MINUTES February 5, 2013 3 1 4 5 6 7 8 H 13 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 8. A Resolution authorizing the City Manager to accept a donation of $150 from First National Bank of South Miami,; incl'eas,il1g the expenditure line item 001.1620.524.5210, Planning & ZoningS~pplie~. 3/5 (City Manager-Finance) Moved by Mayor Stoddard, secondedibyCommissioner Newman,the motion to approve Resolution No. 22-13-13840 authorizing the City Manager to accept adonation of $150 from First National Bank of South Miami, passed by a 5,-Ovote: N. Yea: RESOqJTION(S) ... Commissioner Harris Commissioner Welsh Commissioner Newman Vice M~yor Liebman Mayor Stoddard , ''., A Resolution relCltHi g to boards and committees; appointing Oliver von Gundlach, to serve on the Budget and Finance Committee for a term ending September 30, 2013. (Deferred 1/22/13) >3/5 (Commissioner Welsh) 14 Moved by MayorStoddard, seconded by Commissioner Harris, the motion to approve 15 Resolution No. 23-13-13841 appointing Oliver von Gundlach, to serve on the Budget and 16 Finance Committee for a term ending September 30, 2013, passed by a 4 -1 vote: 17 Yea: Nay: CITY COMMISSION MINUTES February 5, 2013 Commissioner Harris Commissioner Welsh Vice Mayor Liebman Mayor Stoddard Commissioner Newman 4 3 6. A Resolution authorizing the City Manager to pay invoices of William J. McGinnis in the amount of $10,407.24 for his services as arbitrator in the case of Officer Carlos Rodriguez v. City of South Miami -Grievance Arbitration. 3/5 (City Attorney) 4 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 5 Resolution No. 24-13-13842 authorizing the City Manager topayinvoices of William J. McGinnis 6 in the amount of $10,402.24 for his services as arbitrator inthe case of Officer Carlos Rodriguez 7 v. City of South Miami, passed by a 5 -0 vote: 8 11 12 13 14 15 16 19 Yea: Nay: CommissionefHarris Commissi6ne(Welsh Commi~si6ner Newman Vice Ma~6rliebman Mayor Stoddard None 7. A Resolution authorizingthe Cit·}tManager to expend $12,000.50 with B.V. Oil CompanYl<lnc. for motor oil as required by the City through September 30, 2013. .... ....•.••....... . . . . . .•. (City Manager-Public Works) MovedbyMayor St9pdard, seconded by Commissioner Welsh, the motion to approve ResolutionNo.25:-,13-13843·~~thQriZirig the City ManC)ger to expend $12,000.50 with B.V. Oil Company, Inc. for motor oil as required by the City through September 30, 2013, passed by a 5 -0 vote: Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None ~ A Resolution waiving the false alarm fines of St. Alban's Day Nursery (DBA) St. Alban's Child Enrichment Center, a 501{C) 3 non-profit corporation in the total amount of $2,050.00. 3/5 (Mayor Stoddard) CITY COMMISSION MINUTES February 5, 2013 5 1 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 2 Resolution No. 26-13-13844 waiving the false alarm fines of St. Alban's Day Nursery (DBA) St. 3 Alban's Child Enrichment Center, in the total amount of $2,050.00, passed by a 3 -2 vote: 4 5 Yea: Nay: Commissioner Harris Commissioner Welsh Mayor Stoddard Commissioner Newman, . Vice Mayor Liebman 6 (Add-On Item) 7 a) A Resolution suggesting that the?~rden of paYing,fdJ\~dditional school resource 8 officers should not be borne by property taxpay~rS but by gun owners; 3/5 9 (Commissioner Welsh) 10 11 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve a 12 Resolution suggesting that the burd~~.()f paying for additional school resource officers should 13 not be borne by property taxpayers b~t by gun owners, failed by a 2 -3 vote: 14 19 Yea: Commissioner-Welsh May~r'Stoddard CommissiorikiHarris ~a{: ;;/)'~;, ;;<1 Commissi8~er Newman ;\;';;Ni~e MayorLiebman O. RESOLUTION(S) PUBLICHEARING(S) 10. A Resolution authorizing the City Manager to execute an agreement, not to exceed a term of three years, with the law firm of Nabors, Giblin & Nickerson, P.A., to represent the City of South Miami during the negotiations of the franchise renewal agreement with FPL. 3/5 (City Attorlley) 20 Mr. Pepe presented this item. 21 22 The public hearing was opened: Sharon McCain addressed the Commission. 23 24 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 25 Resolution No. 27-13-13845 authorizing the City Manager to execute an agreement, not to 26 exceed a term of three years, with the law firm of Nabors, Giblin & Nickerson, P.A., to represent CITY COMMISSION MINUTES February 5, 2013 6 1 the City of South Miami during the negotiations of the franchise renewal agreement with FPL, 2 passed by a 5 -0 vote: 3 11. 6 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None A Resolution authorizing the City Manager to enter into the Community Space Lease Agreement with Miami-Dad~lCounty forrease of 6701 SW 62 Avenue, South Miami, Florida for one.(1}iyear with a one (1) option to renew to operate the Seniors Program(Senior Center). . 3/5 (City Attorney) 7 Moved by Mayor Stoddard,seconded by Commissioner Welsh, the motion to approve 8 Resolution No. 28-13-13846 authorizing theCity Manager to enter into the Community Space 9 Lease Agreement with Miami-Dade County for h~asE::!of 6701 SW 62 Avenue, South Miami, 10 Florida for one (1) year with a one (1) option. to renewtooperate the Seniors Program (Senior 11 Center), passed by a 5-0vote:· 12 17 Yea: Nay: Commissioner Harris Commissioner Welsh Comrriissione(Newman Vice Mayor Liebman Mayor Stoddard None P. ORDINANCE{S) SECOND READING PUBLIC HEARING{S) 12. An Ordinance relating to public records; amending the City of South Miami Code of Ordinances Section 2-18, (a) through (g) entitled "Photographing Imaging and destruction of public records". 3/5 (City Attorney) 18 Moved by Mayor Stoddard, seconded by Vice Mayor Liebman, the motion to approve 19 Ordinance No. 5-13-2152 amending the City of South Miami Code of Ordinances Section 2-18, 20 (a) through (g) entitled "Photographing Imaging and destruction of public records", passed by a 21 5-0vote: CITY COMMISSION MINUTES February 5, 2013 7 3 4 5 6 7 8 11 Yea: Nay: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 13. An Ordinance relating to lobbyists; amending the City of South Miami Code of Ordinances Section 8A-5, (c) (1) entitled "Registration and filing requirements", and © (6) entitled "Fees", and, (d) (1) "List of expenditures". 3/5 (City Attorney) Moved by Mayor Stoddard, secondedq~'2;~~issioner wei~kthe motion to approve Ordinance No. 6-13-2153 relating to lobbYist~;:a'~ending the City of South. Miami Code of Ordinances Section 8A-5, (c) (1) entitled "RegiS1:;r~ti'c:>D and filing requirements", and © (6) entitled "Fees", and, (d) (1) "List of expenditures", passed by a 5 -0 vote: Yea: Nay: . . Commissioner Harris C<?mmissione~Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None An Ordinante amel1dihg Section 20-3.3(D) of the City's Land Development Code to allow automotive repairwork as a special use in the GR and TODD U-4 Zoning Districts. 3/S (Commissioner Harris) 12 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 13 Ordinance No. 7-13-2154 amendin'g Section 20-3.3(D) of the City's Land Development Code to 14 allow automotive repairworkas a special use in the GR and TODD U-4 Zoning Districts, passed 15 by a 5 -0 vote: 16 Yea: Nay: CITY COMMISSION MINUTES February 5, 2013 Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard None 8 5 6 7 8 9 12 12 13 14 15 16 Q. ORDINANCE(S} FIRST READING 15. An Ordinance amending Section 15-63 of the City's Code of Ordinances to allow food trucks to park in City Parks and Recreational areas pursuant to a contract with the City. 3/5 (Commissioner Harris) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to table An Ordinance amending Section 15-63 of the City's Code of Ordinances to allow food trucks to park in City Parks and Recreational areas pursuant to a contract with the City, passed by a 5 -0 vote: Yea: Nay: R. ADJOURNMENT Attest Maria M. Menendez City Clerk CITY COMMISSION MINUTES February 5, 2013 , Commissione~'iHa~ris Com missiOner Welsh "-,,';, " CommissiOner Newman Vice MayOr Liebman Mayor Stoddard.> None 9 Approved Philip K. Stoddard Mayor