_agenda 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
City Commission Steven J. Alexander
Philip K. Stoddard, Ph.D, Mayor City Manager
Josh Liebman, Vice Mayor Maria M. Menendez, CMC
Valerie Newman, Commissioner City Clerk
Walter Harris, Commissioner Thomas F. Pepe, Esq.
Bob Welsh, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
TUESDAY, SEPTEMBER 17, 2013, 7:00 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
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
a) Recognizing the FY 2012-2013 Budget and Finance Committee
H. APPROVAL OF MINUTES
a) Minutes of August 14, 2013 (deferred 9/03/13)
b) Minutes of September 3, 2013
I. CITY MANAGER’S REPORT
J. CITY ATTORNEY’S REPORT
K. PUBLIC REMARKS
L. COMMISSION REPORTS, DISCUSSION & REMARKS
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M. CONSENT AGENDA
1. A Resolution authorizing the City Manager to accept a $2,500.00 co-sponsorship
payment from the City of West Miami Police Department, $2,500.00 co-
sponsorship payment from the Village of Pinecrest Police Department, $2,500.00
co-sponsorship payment from the Town of Palmetto Bay Police Department and
$2,500.00 co-sponsorship payment from the Village of Key Biscayne Police
Department to assist with the costs of the September 2013 Miami-Dade Chiefs
of Police Association monthly reception and dinner meeting. 3/5
(City Manager)
2. A Resolution appointing Deltravis Williams to the Planning Board for an
unexpired term ending May 20, 2015. 3/5
(Vice Mayor Liebman)
3. A Resolution declaring that the personal property, described in the attached list,
is “surplus” and authorizing the City Manager to sell the “surplus” items at
auction. 3/5
(City Manager- Central Services)
4. A Resolution authorizing the City Manager to accept a donation of $127.50 from
M&S Tennis Services Inc, increasing the budgeted line item 001-2000-572-5670,
Special Recreation Programs by $127.50. 3/5
(City Manager-Parks & Recreation)
5. A Resolution authorizing the City Manager to expend $8,798 with Fence Masters,
Inc. for the emergency repairs to the guardrails on Sunset Drive, North and South
Side, account number 112-1730-541-6210 (Public Works Infrastructure PTP) for
retroactive approval. 3/5
(City Manager-Public Works)
6. A Resolution approving the Policies and Procedures required by the Securities
and Exchange Commission’s Order dated May 22, 2013. 3/5
(City Attorney)
7. A Resolution authorizing the City Manager to purchase a video server, production
switcher and application software from Media Rushworks, LLC to support the
broadcast of public meetings through Granicus for an amount not to exceed
$20,000. 3/5
(City Manager)
8. A Resolution authorizing the City Manager to expend an amount not to exceed
$25,000 to Distreebutors, Inc. for the installation and one-year maintenance of
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Oak Trees, Silver Buttonwoods, and Queen Crepe Myrtles within City boundaries
in accordance with the City's Tree Planting Initiative. 3/5
(City Manager)
9. A Resolution concerning an application pursuant to Land Development Code
Section 20-4.3(N), requesting approval to permit the installation of a banner over
the public right-of-way at 5880 Sunset Drive to promote an event titled "Miami
Half Marathon Training Program," held by TeamFootWorks at South Miami
Hospital on October 12, 2013 – February 2, 2014. 3/5
(City Manager-Planning & Zoning)
10. A Resolution concerning an application pursuant to Land Development Code
Section 20-4.3(N), requesting approval to permit the installation of a banner over
the public right-of-way at 5995 Sunset Drive to promote an event titled "FedEx
Waterford 5K," held by TeamFootWorks at Blue Lagoon on November 8, 2013.
(City Manager-Planning & Zoning) 3/5
11. A Resolution authorizing the City Manager to execute Amendment Four to the
Combined FY 2008, 2009, and 2010 Community Development Block Grant
(CDBG) agreement for the Murray Park Aquatic Center – Construction Phase I in
the amount of $1,207,374 with Miami-Dade County’s Department of Public
Housing and Community Development (PHCD) to extend the expiration date
from June 30, 2013 to January 31, 2014. 3/5
(City Manager)
12. A Resolution relating to federal grants, requesting that the United States
Inspector General be asked to do an audit of all grants given to the City of South
Miami. 3/5
(Commission Newman)
13. A Resolution relating to the Special Meeting of the City Commission dated
August 14, 2013; requesting a second opinion from an attorney specializing in
municipal labor law. 3/5
(Commission Newman)
14. A Resolution of the City of South Miami, Florida, authorizing the City Manager to
enter into an Interlocal Service and Maintenance Agreement with Miami-Dade
County for IT maintenance and support services for an amount not to exceed
$175,000 annually, for a one-year period. 3/5
(City Manager)
14c. A Resolution supporting efforts to reduce gun violence and illegal firearms
trafficking through more responsible gun sales and marketing practices,
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directing the City Manager to coordinate with the Police Chief to partner with
other municipalities to create a coalition in support of this initiative and to
work with gun and ammunition suppliers to encourage the consideration of
sales and marketing safeguards, and directing the City Clerk to send an
electronic copy of this resolution to all South Florida municipalities, the Florida
League of Cities, Inc., all members of Florida’s congressional delegation, and to
the Obama Administration. 3/5
(Mayor Stoddard)
N. RESOLUTION(S)
O. RESOLUTION(S) PUBLIC HEARING(S)
15. A Resolution authorizing the City Manager to enter into a contract with Bernado
Portuondo, Esquire and his firm, Liebler, Gonzalez & Portuondo, P.A., for services
as consultant in connection with the City of South Miami’s compliance with the
SEC’s order dated May 22, 2013. 3/5
(City Attorney)
Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
16. A Resolution of the City of South Miami relating to a request to allow for the
creation of parcels 1 through 4, on property specifically located at 6150 SW 80th
Street; 6120 SW 80th Street; and 6040 SW 80th Street, South Miami, Florida
within an RS-3; Low Density Single-Family Residential Zoning District, as
permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-
4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of
the Miami- Dade County Code; for the purpose of constructing four new single
family homes; and providing for a legal description. 3/5
(City Manager-Planning & Zoning)
Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
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17. A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, making certain findings; designating real estate as a Brownfield Area
pursuant to Section 376.80(2)(b), Florida Statutes, for rehabilitation and
redevelopment for the purposes of Sections 376.77 – 376.86, Florida Statutes,
providing an effective date and all other purposes. 3/5
(City Manager-Planning & Zoning)
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
18. An Ordinance Amending Sec. 16.14(a); Sec. 16-16; Sec. 16-19; Sec. 16-22; and
Sec. 16-23, Of The South Miami Pension Plan To Provide For Compliance With
The Internal Revenue Code. 3/5
(City Manager)
Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
19. An Ordinance related to a request for an amendment to the City of South Miami
Comprehensive Future Land Use Map, amending the Agency owned property
assemblage generally referred to as the Marshall Williamson properties
(Madison Square redevelopment west), folio numbers 09-4025-000-0850; 09-
4025-000-0852; and 09-4025-065-0090, from the current land use designation of
Single-Family Residential to Multi-Family Residential, to allow for additional
residential dwelling units within the Madison Square Mixed-Use Development
Project. 4/5
(City Attorney-SMCRA)
Quasi-Judicial Warning:
The following matter is considered to be quasi-judicial and you may not have any ex
parte communication, whether verbal or in writing, with anyone until the quasi-
judicial matter is resolved and the meeting is adjourned. You are advised to review
the full warning that can be found at the end of this agenda.
20. An Ordinance related to a request for a zoning map amendment to the City of
South Miami official zoning map, to re-zone the Agency owned property
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assemblage referred to as the Marshall Williamson properties (Madison Square
redevelopment west), folio numbers 09-4025-000-0850; 09-4025-000-0852; and
09-4025-065-0090, from a current zoning designation of "RS-4" (Single-Family) to
the "RM-18" (Low Density Multi-Family Residential) to allow for additional
residential dwelling units within the Madison Square Mixed-Use Development
Project. 5/5
(City Attorney-SMCRA)
Q. ORDINANCE(S) FIRST READING
21. An Ordinance amending Section 15-80 of the City of South Miami’s Code of
Ordinances. 3/5
(City Attorney)
22. An Ordinance amending Section 15-81 of the City of South Miami’s Code of
Ordinances by striking the text and reserving the section number. 3/5
(City Attorney)
23. An Ordinance amending Section 15-79 of the City of South Miami’s Code of
Ordinances by striking the text and reserving the section number. 3/5
(City Attorney)
R. ADJOURNMENT
THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND
ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF
ORDINANCES PROVIDES THAT “ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM
FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE
GRANTED BY A MAJORITY VOTE OF THE COMMISSION.”
PURSUANT TO FLORIDA STATUTE 286.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDIGS
IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR
OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT
OTHERWISE ALLOWED BY LAW.
PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START
OF REGULAR COMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE
BENEFIT OF THE COMMISSION AND THE CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE
INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR APPROVED BY THE COMMISSION, AND THE
COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY OTHER SPEAKER.”
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QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL AND YOU MAY NOT HAVE ANY EX PARTE
COMMUNICATION, WHETHER VERBAL OR IN WRITING, WITH ANYONE UNTIL THE QUASI-JUDICIAL MATTER IS
RESOLVED AND THE MEETING IS ADJOURNED. “EX PARTE “MEANS ANY WRITTEN OR VERBAL COMMUNICATION
THAT IS NOT RECEIVED BY YOU AT A DULY NOTICE PUBLIC MEETING TO ADDRESS THE MATTER. YOU ARE
PROHIBITED FROM MAKING ANY INDEPENDENT INVESTIGATION. THIS INCLUDES SITE VISITS. ALL
INFORMATION THAT YOU OBTAIN ON THIS MATTER MUST COME TO YOU AT THE DULY NOTICED PUBLIC
HEARING DURING WHICH THE APPLICANT HAS AN OPPORTUNITY TO HEAR AND SEE EVERYTHING THAT YOU
HEAR OR SEE. IF THERE IS A BREAK IN THE MEETING, YOU MAY NOT ALLOW OTHERS TO SPEAK TO YOU ABOUT
THE MATTER OR PROVIDE YOU WITH ANY INFORMATION ABOUT THE MATTER. IF THE MATTER REQUIRES
MORE THAN ONE HEARING, YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THE MATTER IS
RESOLVED BY A FINAL WRITTEN RESOLUTION OR, IF APPLICABLE, ORDINANCE. IF YOU RECEIVE AN EMAIL OR
ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE HEARING, YOU ARE NOT ALLOWED
TO RESPOND TO IT AND YOU ARE REQUIRED TO IMMEDIATELY PROVIDE A COPY OF ANY WRITTEN
COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THE CITY CLERK AND THE
PLANNING AND ZONING DIRECTOR. IF YOU RECEIVE ANY EX PARTE COMMUNICATION, YOU ARE REQUIRED TO
DISCLOSE IT AT THE PUBLIC HEARING. THE CONTENTS OF ALL VERBAL EX PARTE COMMUNICATION MUST BE
REDUCE TO WRITING WHICH MUST INCLUDE THE IDENTIFY THE PERSON COMMUNICATING WITH YOU, AS WELL
AS THE DATE, TIME AND PLACE WHERE THE COMMUNICATION TOOK PLACE. THIS DOCUMENT MUST BE
DELIVERED TO THE CITY CLERK AND THE PLANNING AND ZONING DIRECTOR AS SOON THEREAFTER AS POSSIBLE.