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City of South Miami
Regular City Commission Minutes
May 21,2013
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
11 The following members of the City Commission were present: Commissioner Harris,
12 Commissioner Welsh, Commissioner Newman, Vice Mayor Liebman, Mayor Stoddard.
13
14 Also in attendance were: City Attorney Thomas F. Pepe, Esq., City Manager Steven
15 Alexander, Deputy Clerk Nkenga Payne.
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D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANCE
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
G. PRESENTATIONS
£.1 Comprehensive Annual Financial Report (CAFR)
~ APPROVAL OF MINUTES
a) Minutes of May 7, 2013
31 The Minutes of May 7,2013 were approved unanimously.
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b) Minutes of May 3,2013
The Minutes of May 3, 2013 were approved unanimously.
CITY MANAGER'S REPORT
CITY COMMISSION MINUTES
May 21/ 2013
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2 This is summary of the Manager's Report: the 120K for Dorn Avenue which had
3 passed the House and the Senate was vetoed by the Governor who decided to veto all water
4 projects in the State; there is someone interest in leasing the Inspection Station; the group
5 running the soccer program at South Miami Park has expressed an interest in having lights in
6 the parking lot, and they have also expressed an interest in the installation of a fence around
7 the park; sewer repairs have been completed on 81st Street between 58th and 59th.
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1.:. CITY ATTORNEY'S REPORT
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11 This is a summary of the Attorney's Re po rt : M etro Sout h litigation continues and
12 depositions have been taken; the issue with the YMCA al so con t inues; the Southeastern
13 Investment's attorney is asking to withdraw and w e have asked th at if t hey do not hire a new
14 attorney within 30 days that the case will be di smiss ed.
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K. PUBLIC REMARKS
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18 The following individuals ad dresse d the Co mm iss ion: Hans Hussby, John Edward
19 Smith, Janet Mondshein, Yvonne Beckm an, Di ck W ard , Antoin ette Fisher, Beth Schwartz, Donna
20 Shelley.
H
L. COMMISSION REPOR TS , DI SCUSSION & REMARK S
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24 Each membe r of t h e Com miss ion h aa an opportunity to express his/her views on
25 different iss ues.
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M . CON SENT AG ENDA
1. A Resolution re l at ing t o budget; authorizing a transfer of $25,000 from
acc ount No. 00 1-1340-513-5205 Computer Equipment to account No. 001-
1340-513 -463 2 In te rn et Service. 3/5
(City M an ager-IDe)
31 Moved by Commission e r Harris, seconded by Mayor Stoddard, the motion to approve
32 Resolution No. 103-13-13921 authorizing a transfer of $25,000 from the Computer Equipment
33 to the Internet Service account, passed by a 5 -0 vote:
34
Yea:
CITY COMMISSION MINUTES
May 21, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
2
3
Nay:
Vice Mayor Liebman
Mayor Stoddard
None
2. A Resolution appointing Sally Kolitz Russell, Ph.D to the City of South Miami
Health Facilities Authority to serve for a three-year term ending May 20, 2016.
(Mayor Stoddard) 3/5
4 Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve
5 Resolution No. 104-13-13922 appointing Sally Kolitz Russell, Ph.D to the City of South Miami
6 Health Facilities Authority to serve for a three-year term ending May 20,2016, passed by a 5-
7 0 vote:
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11
Yea:
Nay:
Commi ssion er Harris
Commissioner: Welsh
Commissioner Newm an
Vice Mayor Liebman
Mayor Stoddard
None
3. A Resolu tion appointing Marice Cha 'el t@ serve on the Environmental Review
and Preservation Board for a two-yea r term ending May 20, 2015. 3/5
(Mayor Stoddard)
12 Moved by Commissioner Harris, seco nded by Mayor Stoddard, the motion to approve
13 Resolution N'o. 105-13-13923 appointing Marice Chael to serve on the Environmental Review
14 and Pre ser vation Board for a two-year term ending May 20, 2015, passed by a 5 -0 vote:
15
18
Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
5. A Resolution authorizing the City Manager to execute a Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) for
turf and landscape maintenance funding in the amount of $3,980.00. 3/5
(City Manager-Public Works)
CITY COMMISSION MINUTES
May 21, 2013
3
1 Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve
2 Resolution No. 106-13-13924 authorizing the City Manager to execute a Joint Participation
3 Agreement with the Florida Department of Transportation for turf and landscape maintenance
4 funding in the amount of $3,980.00, passed by a 5 -0 vote:
5
8
Yea :
Nay :
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
No ne
7. A Resolution aut h o ri zi ng th e Cit y M an age r to n egotiate hourly r ates and to
execute a se r vi ce agree m e nt as provid e d und er th e Flo ri d a Stat ute 287 .055
(Consultant's Comp etit ive Neg ot iation Act ) "(C NA ", f or prof ess io na l serv ices
for the South Mi ami In term od al Tr ansp o rtatio n Pl an (SMITP). 3/5
(City Manage r-Pub lic W orks)
9 This item was withdrawn.
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8. A Resolution authorizing the City Manager to execute a contract relating to
Special Magistrate services; appointing Harold V. Hickey, Esquire, as Special
Magistrate for the City of South Miami at a rate of $100.00 per hour;
authorizing expenses to be charged to account number 001-1640-524-3111
(Code Enforcement Professional Services Special Magistrate). 3/5
(City Manager-Code Enforcement)
13 Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve
14 Resolution No. 107-13-13925 authorizing the City Manager to execute a contract relating to
15 Special Magistrate services; appointing Harold V. Hickey, Esquire, as Special Magistrate for the
16 City of South Miami at a rate of $100.00 per hour; authorizing expenses to be charged to the
17 Code Enforcement Professional Services Special Magistrate account, passed by a 5 -0 vote:
18
Yea :
Nay:
CITY COMMISSION MINUTES
May 21, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
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9. A Resolution authorizing the City Manager to accept a donation of $6,000 from
Judge Norman Gerstein, founder and President of Summer Fun for Kids, a
private non-for-profit organization, increasing the expenditure line item
001.2020.572.5660 Summer Camp. 3/5
(City Manager-Parks & Recreation)
2 Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve
3 Resolution No. 108-13-1326 authorizing the City Manager to accept a donation of $6,000 from
4 Judge Norman Gerstein, increasing the expenditure line item 001.2020.572.5660 Summer
5 Camp, passed by a 5 -0 vote:
6
Yea:
Nay:
7
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
8 a. A Resolution appointing Scott Fuhrman to Serve on the Planning Board for a two-
9 year term ending May 20, 2015.
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11 Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve
12 Resolution No. 109-13-1327 appointing Scott Fuhrman to serve on the Planning Board for a
13 two-year term ending May 20, 2015, passed by a 5 -0 vote:
14
Yea:
Nay :
N. RESOLUTION(S)
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
4. A Resolution authorizing the City Manager to permit Team FootWorks
Educational and Fitne ss Corporation, a non-for-profit organization to amend
Resolution #81-13 -13899, which was passed on April 16, 2013, for their 25th
Annual Twilight 5K Walk/Run event, which will be held on Sunday, June 2,
2013, to waive the cost of the parking meters.
CITY COMMISSION MINUTES
May 21, 2013
3/5 (Mayor Stoddard)
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2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
3 Resolution No. 110-13-13928 authorizing the City Manager to permit Team FootWorks
4 Educational and Fitness Corporation, to amend Resolution #81-13-13899, which was passed on
5 April 16, 2013, for their 25th Annual Twilight 5K Walk/Run event, which will be held on Sunday,
6 June 2, 2013, to waive the cost ofthe parking meters, passed by a 4 -0 vote:
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Yea:
Recused:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Mayor Stoddard
Vice Mayor Liebman
6. A Resolution authorizing the City Man ager to agree to a change order and to
pay Stantec Inc. f/k/a C3TS an amount not to exceed $8,600 for the Sunset
Dr iv e Im p r ov em ent Ph ase 5 Pr oject, to be char ged t o Peo p l e's Tr ansportati o n
Tax Fund account number 124-1730-541-6490.
3/5 (City Manager-Public Works)
11 Moved by Commissioner Welsh, seconded by Commissioner Newman, the motion to
12 defer A Resolution authorizing the City Manager to agree to a change order and to pay Stantec
13 Inc. f/k/a C3TS an amount not to exceed $8,600 for the Sunset Drive Improvement Phase 5
14 Project, to be charged to People's Transportation Tax Fund account number 124-1730-541-
15 6490, passed by a 5 -0 vote:
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Yea:
Nay:
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
O. RESOLUTION(S) PUBLIC HEARING(S)
10. A Resolution authorizing the City Manager to execute an Offer of Settlement
w ith the Uni ted St ates Secu r ities and Exchan ge Commission concernin g ce rta i n
parking garage related securities law violations and authorizing necessary
actions for implementation of the Ord er accepting the Offer of Settlement .
3/5 (City Attorney)
CITY COMMISSION MINUTES
May 21, 2013
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1 Mr. Pepe provided clarification on this item. It was also noted that the law
2 violations occurred during prior Commissions.
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4 The public hearing was opened and the following individual(s) addressed the
5 Commission: Bradley Cassel.
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7 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
8 Resolution No . 111-13-13929 authori zing the City Manager to execute an Offer of Settlement
9 with the United States Securities and Exchange Commission concerning certain parking garage
10 related securities law violations and authorizing necessary actions for implementation of the
11 Order accepting the Offer of Settlement, passed by a 5 -0 vote:
12
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18
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Yea:
Nay :
Commissioner Harris
Commi ssio n e r W e lsh
Comm iss io Rer New man
Vice M ayor Li eb m an
Mayor Stoddard
None
P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S)
!.1. An Ordin ance amendin g Secti o n 20-3.3 (C)(6) Per mitted Use Sc h ed ule, of t he
Lan d Dev e lo p m e nt Co de ; p rovi ding for additional gro u nd floo r an d th i rd f lo o r
uses for certain properties in the "SR -Specialty Retail" zoning district.
3/5 (City Manager-Planni ng & Zo n in g )
This item was withdrawn.
12. An Ordinance providing for the City of South Miami to approve the donation of
land related to the Murray park Pool project for right of way dedication, by
conveying a 5 foot strip of land approximately 1,843 square feet more or less
of swale area along of right of way of SW 68 Street and SW 58 Place SW 57
Avenue in South Miami, Florida . 3/5
(City Manager-Public Works)
22 The public hearing on this item was opened and closed with no speakers. And there
23 were no further comments.
24
25 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
26 Ordinance No. 13 -13 -2160 to approve the donation of land related to the Murray park Pool
CITY COMMISSION MINUTES
May 21, 2013
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1 project for right of way dedication, by conveying a 5 foot strip of land approximately 1,843
2 square feet more or less of swale area along of right of way of SW 68 Street and SW 58 Place
3 SW 57 Avenue, passed by a 4 -1 vote:
4
9
Yea:
Nay:
Q. ORDINANCE(S) FIRST READING
Commissioner Harris
Commissioner Welsh
Vice Mayor Liebman
Mayor Stoddard
Commissioner Newman
13. An Ordinance amending Section 15-93, titled "Noi se--creat ing blowers, power
fan s, or internal combustion eng ine s, outdoor powered tools and other
equipment" of the existing noise ordinance.
3/5 (Mayor Stoddard)
10 The Commission discus sed the proposed provisio ns of this item, making further
11 suggestions to add to the language under Sec. 15-93 (a). In addition, the City Attorney provided
12 further clarification regarding relating lega l issues applying to the provisions language.
13
14 The Commission mov ed to include on page two, line 36, subsection (d); the word
15 "gasoline", and the following statem ent: "50 ft from a commercial outside dining area". The
16 motion to amend passed by a 5-Q vote
17
18 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve
19 as amended An Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans,
20 or internal com bustion engines, outdoor powered tools and other equipment" of the existing
21 noise ordinance, passed by a 5 -0 vote:
22
25
26
Yea:
Nay :
R. ADJOURNMENT
CITY COMMISSION MINUTES
May 21, 2013
Commissioner Harris
Commissioner Welsh
Commissioner Newman
Vice Mayor Liebman
Mayor Stoddard
None
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Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
May 21 , 2013
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Approved
Philip K. Stoddard
Mayor