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City of South Miami
Regular City Commission Minutes
April 15, 2014
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM{S)
e. ROLL CALL
11 The following members of the City Commission werep{gs~nt: Mayor Stoddard, Vice
12 Mayor Harris, Commissioner Welsh, CommissionerLiebman, commis~i(Jt1er Edmond.
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14 Also in attendance were: City Attorney Thomas F.Pepe, Esq.}.pty Manager Steve
15 Alexander, City Clerk Maria M. Menendez, CMe.
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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
ill Cherry Bekaert LLP presentation of the City's Comprehensive Annual Financial
Report (CAFR) for FY 2013
hl Earth Month: Miami-Dade County Presentation
c) Explorers were presented with awards for finalizing as the top five in a competition.
31 Officer Mendez who trained the Explorers addressed the Commission adding that
32 they will be participating in the state competition in June.
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H. APPROVAL OF MINUTES
a) Minutes of April 1, 2014
CITY COMMISSION MINUTES
April 15, 2014
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2 The minutes of April 1, 2014 were unanimously approved as presented.
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I. CITY MANAGER'S REPORT
(See attached)
1.:. CITY ATTORNEY'S REPORT
10 Mr. Pepe requested scheduling a 6:45 p.m. attorney-client session relating to the
11 Martinez de Castro case for Monday, May 5, 2014 befor~ the City Commission meeting; he then
12 commented on the Weissberg case and the FPL ca$e.
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K. PUBLIC REMARKS
15
16 Josh Cotler, Mario Santiago, DeltravisWilliams,Daisy Harrell, Reed, former
17 City Commissioner Marie Birts, Antoinette Fischer, RodneyWilliams.
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19 Mayor Stoddard read a letterfrom pastor RodneyJames on behalf of the members
20 of the Concerned Clergy and Citizens Coalition, thanking the Commission for its decision on the
, .. ~. . .. "'
21 Marshall Williamson property project.,
L. COMMISSION REPORTS, DISCUSSION & REMARKS
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25 The following isasummary. of Commission Remarks: provIsions for the tree
26 ordinance being revised; the repli=\cemen1:oftlleSylva Martin windows; congratulations to the
27 awarded Explorers; comments related. to the recently held transit-oriented workshop; words of
28 support for the City Attorney; the need for more community involvement by joining a
29 committee; efforts being done for putting together a video of the city, informing that Tuesday
30 night at the Community Center the group will be holding the first meeting to coordinate the
31 project; comments about the trip to Dade Days; Farmers Market on weekends at Tropical Park;
32 South Miami Hospital scheduling a party relating to the construction of the wall, for Saturday,
33 June 7th; a COW was scheduled for 4/21/14 at 7:00 pm.
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M. CONSENT AGENDA
2. A Resolution urging the Florida Legislature to enact, during the 2014 session a
statewide wage theft law modeled after the Miami-Dade County, Broward
County, and Alachua County Wage Theft Ordinances. 3/5
(City Commission)
CITY COMMISSION MINUTES
April 15, 2014
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2 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
3 Resolution No. 57-14-14151 urging the Florida Legislature to enact, during the 2014 session a
4 statewide wage theft law modeled after the Miami-Dade County, Broward County, and Alachua
5 County Wage Theft Ordinances, passed by a 5 -0 vote:
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9
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Ec;lmond
None
3. A Resolution directing the City Manager and the South Miami Police
Department to create regulations for the procurement of firearms,
ammunition, and firearm accessories from responsible manufacturers,
distributors, and retailers. 3/5
(City Commission)
10 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
11 Resolution No. 58-14-14152 directing the City Manager and the South Miami Police
12 Department to create regulationsfor the procurem~nt of firearms, ammunition, and firearm
13 accessories from responsible manufacturers, distributors, and retailers, passed by a 5 -0 vote:
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4.
17
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
A Resolution endorsing the GreenLink proposal for creating a
park along the MetroRaii corridor.
(Mayor Stoddard)
lO-mile linear
3/5
18 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
19 Resolution No. 59-14-14153 endorsing the GreenLink proposal for creating a lO-mile linear park
20 along the MetroRail corridor, passed by a 5 -0 vote:
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Yea:
CITY COMMISSION MINUTES
April 15, 2014
Mayor Stoddard
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Nay:
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
5. A Resolution authorizing the City Manager to expend an amount not to exceed
$10,500.00 to Miami Grandstand for the purchase of park bleachers at Palmer
Park. 3/5
(City Manager-Parks & Recreation)
4 Moved by Commissioner Welsh, seconded byVice Mayor Harris, the motion to approve
5 Resolution No. 60-14-14154 authorizing the City Manager to expend an amount not to exceed
6 $10,500.00 to Miami Grandstand for the purchase of park bleachers at Palmer Park, passed by
7 a 5 -0 vote:
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11
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
CommissibnerWelsh
Comrnissioner[iebman
Commlssion.erEdmond
None·
6. A Resolution authorizing the City Manager to enter into a contract with
McCourt Construction fnc:'tQ resurface two outdoor basketball courts at
MurrayPark. (City Manager.,Parks& Recreation) 3/5
12 Moved by Commissioner Welsh,s~conded by Vice Mayor Harris, the motion to approve
13 Resolution No. 61-14-14155 authorizing the City Manager to enter into a contract with McCourt
14 Construction Inc. to resurface two outdoor basketball courts at Murray Park, passed by a 5 -0
15 vote:
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
7. A Resolution authorizing the City Manager to enter into a contract with Davco
CITY COMMISSION MINUTES
April 15, 2014
4
Electrical Contractors Corp to repair athletic/sports field lighting at three (3)
City parks. 3/5
(City Manager-Parks & Recreation)
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2 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
3 Resolution No. 62-14-14156 authorizing the City Manager to enter into a contract with Davco
4 Electrical Contractors Corp to repair athletic/sports field lighting at three (3) City parks, passed
5 by a 5 -0 vote:
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commission~r Welsh
Commissioner Liebman
Commissioner Edmond
None
8. A Resolution authorizing the City Manager to purchase eight (8) laptop
computers for the South Miami Police Department and funded by grants.
3/5 (City Manager-Police)
10 Moved by Commissioner Welsh, seconded byVice Mayor Harris, the motion to approve
11 Resolution No. 63-14-14157 authorizing the City Manager to purchase eight (8) laptop
12 computers for the South Miami Police Department and funded by grants, passed by a 5 -0
13 vote:
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
9. A Resolution authorizing the City Manager to enter into a contract with
Harrison Uniforms Co. to purchase police uniforms and equipment. 3/5
(City Manager-Police)
18 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
19 Resolution No. 64-14-14158 authorizing the City Manager to enter into a contract with Harrison
20 Uniforms Co. to purchase police uniforms and equipment, passed by a 5 -0 vote:
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CITY COMMISSION MINUTES
April 15, 2014
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
10. A Resolution authorizing the City Manager to execute Amendment Two to
agreement for the Marshall Williamson Park Improvement Project with Miami-
Dade County to extend the expiration dateto December 31, 2014. 3/5
(City Manager-Finance/Grants)
4 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
5 Resolution No. 65-14-14159 authorizing the City Manager to execute Amendment Two to
6 agreement for the Marshall Williamson Park Improvement Project with Miami~Dade County to
7 extend the expiration date to December 31, 2014, passed bya 5 -0 vote:
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Yea:
Nay:
Mayor Stoddard
Vic~. MayorHarris
Commissioner.Welsh
Coml11issionetLi~brrian
Commis~ionerEdm~nd .
None
11. 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 WQr~s)
12 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
13 Resolution No. 66-14-14160 authorizing the City Manager to execute a Joint Participation
14 Agreement (JPA) with the Florida Department of Transportation (FDOT) for turf and landscape
15 maintenance funding in the amount of $3,980.00, passed by a 5 -0 vote:
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Yea:
Nay:
CITY COMMISSION MINUTES
April 15, 2014
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
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12.
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A Resolution authorizing the City Manager to enter into
Maggolc, Inc. for the Dorn Avenue Drainage Improvements.
(City Manager-Public Works)
a contract with
3/5
4 Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve
5 Resolution No. 67-14-14161 authorizing the City Manager to enter into a contract with
6 Maggolc, Inc. for the Dorn Avenue Drainage Improvements, passed by a 5 -0 vote:
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Yea:
Nay:
N. RESOLUTION{S)
Mayor Stoddard
Vice Mayor Harris.
Commission~r Welsh
Commissioner Liebman
Commissioner Edmond
None
1. A Resolution appointing Joy Klein to serve on the Citizens Advisory Group
(Urban Landscape) for a two-year term·· ending April 14, 2016.
3/5 (City Commission)
This item was pulled from the Consent for further clarification.
15 Moved by Mayor Stoddard,secondedby Vice Mayor Harris, the motion to approve
16 Resolution No. 68-14-14162 appointing Joy Kleinto serve on the Citizens Advisory Group
17 (Urban Landscape) for a two~year term ending April 14, 2016, passed by a 5 -0 vote:
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
13. A Resolution authorizing the City Manager to execute a settlement agreement
between The Young Men's Christian Association of Greater Miami, Inc. and the
City of South Miami.
3/5 (City Attorney)
CITY COMMISSION MINUTES
April 15, 2014
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1 The City Attorney presented this item.
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3 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
4 Resolution No. 69-14-14163 authorizing the City Manager to execute a settlement agreement
5 between The Young Men's Christian Association of Greater Miami, Inc. and the City of South
6 Miami, passed by a 5 -0 vote:
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
14. A Resolution relating to the review and acceptance of the Annual Report of the
RRC 57th Avenue LLC [Red Road Commons). (Deferred 3/04/14) 3/5
(City Manager-PlanninB& Zoning)
11 The City Manager presented this item,explaining that the City had gone back to the
12 table and met with representatives()f Red ROc::1d Commons, resulting in the list of
13 recommendations for raising the security, and r~cO:rnmending approval. Discussion followed
14 among the Commission, staff, anclattorney JerryProctor representing Red Road Commons.
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16 At this time, MayorStodd~rc:l madea:motion to accept the recommendations from
17 Red Road Commons as presentedtoth~;;(::ornmisst()iJ, seconded by Commissioner Harris and it
18 was unanimously approved.
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20 Commissioner Welsh recomllJended deferral to allow the City Attorney to render
21 an opinion on the definition of onsite security guard.
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23 Chief Landa was also available for clarification.
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25 Moved by Commissioner Welsh, seconded by Commissioner Edmond, the motion to
26 defer A Resolution relating to the review and acceptance of the Annual Report of the RRC 57th
27 Avenue LLC [Red Road Commons, passed by a 3 -2 vote:
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Yea:
Nay:
CITY COMMISSION MINUTES
April 15, 2014
Mayor Stoddard
Commissioner Welsh
Commissioner Edmond
Vice Mayor Harris
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Commissioner Liebman
15. A Resolution authorizing the City Manager to enter into an Interlocal
Agreement with Miami-Dade County for IT maintenance and support services
for an annual amount of $165,500.
3/5 (City Manager)
4 Mr. Alexander presented this item and the Commission discussed the proposed
5 agreement.
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7 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
8 Resolution No. 70-14-14164 authorizing the City Manager to enterinto an Interlocal Agreement
9 with Miami-Dade County for IT maintenance and support services for,.an annual amount of
10 $165,500., passed by a 4 -1 vote:
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Yea:
Nay:
Mayor Stoddard
Vice. Mayor Harris
Commissioner Welsh
Commissioner Edmond
Commissioner Liebman
16. A Resolution relating to a request for an extension of time for issuance of
permits for a Special Use that was previously approved by Resolution No. 166-
13-13984, to locate a general restaurant at 5864 Sunset Drive.
4/5 (City Manager-Planning & Zoning)
15 Mr. Brimo presented this item.
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17 Moved by Mayor Stoddard, second§!d by Vice Mayor Harris, the motion to approve
18 Resolution No. 71-14-14165 relating to a request for an extension oftime for issuance of
19 permits for a Special Use that was previously approved by Resolution No. 166-13-13984, to
20 locate a general restaurant at 5864 Sunset Drive, passed by a 5 -0 vote:
21
Yea:
Nay:
CITY COMMISSION MINUTES
April 15, 2014
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
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O. RESOLUTION(S} PUBLIC HEARING(S}
17. A Resolution authorizing the City Manager to sign a three year contract with
Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the
City of South Miami.
3/5 (City Attorney)
Mr. Pepe presented this item.
6 The public hearing was opened and the following individual(s} addressed the
7 Commission: Antoinette Fischer
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9 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, thernotion to approve
10 Resolution No. 72-14-14166 authorizing the City Manager to sign a three year contract with
11 Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the City of South
12 Miami, passed by a 5 -0 vote:
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Yea:
Nay:
MayorStoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Com missioner Edmond
None
P. ORDINANCE(S} THIRDREADING(S} PUBLIC HEARING(S}
Q. ORDINANCE(S} SECOND READING(S} PUBLIC HEARING(S}
18. 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
assEmlblage referred to as the Marshall Williamson properties, 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)
21 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to defer An
22 Ordinance related to a request for a zoning map amendment to the City of South Miami official
23 zoning map, to re-zone the Agency owned property assemblage referred to as the Marshall
CITY COMMISSION MINUTES
April 15, 2014
10
1 Williamson properties, folio numbers 09-4025-000-0850; 09-4025-000-0852; and 09-4025-065-
2 0090, from a current zoning designation of "RS-4" (Single-Family) to the "RM-18" (Low Density
3 Multi-Family Residential) to allow for additional residential dwelling units within the Madison
4 Square Mixed-Use Development Project, passed by a 5 -0 vote:
5
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Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
19. An ordinance amending City Qf$outh Miami Code 6fQrclinances section 2-22,
term limits of board and committee members. .. .. . 3/5
(Vice Mayor Harris)
9 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
10 Ordinance No. 06-14-2184 amending City of South MiamiC()de of Ordinances section 2-22,
11 term limits of board and committee members, pa$$ed by a 5 -0 vote:
12
15
Yea:
Nay:
MayorStoddard ..
Vice MayorHarris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
20. An Ordinance creating Article IV of Chapter 18, and creating Section 18-27
which shall provide for an additional $50,000 tax exemption for City of South
Miami low-income senior citizens. 3/5
(Vice Mayor Harris)
16 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
17 Ordinance No. 07-14-2185 creating Article IV of Chapter 18, and creating Section 18-27 which
18 shall provide for an additional $50,000 tax exemption for City of South Miami low-income
19 senior citizens, passed by a 5 -0 vote:
20
Yea:
CITY COMMISSION MINUTES
April 15, 2014
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
11
5
Nay:
R. ORDINANCE(S) FIRST READING
Commissioner Liebman
Commissioner Edmond
None
21. An Ordinance amending Section 20-3.3(E) of .the City of South Miami Land
Development Code concerning outdoor seating and dining requirements for all
commercial properties, except for properties in the RO -Residential Office
zoning district. 3/5
(City Manager-Planning & Zoning)
6 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve An
7 Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code
8 concerning outdoor seating and dining requirements for all commercial properties, except for
9 properties in the RO -Residential Office zoning district, passed by a 5 -0 vote:
10
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14
15
Yea:
Nay:
S. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
April 15, 2014
Mayor Stoddard
Vice Mayor Harris
Comrnissioner,\Nelsh
Commissionerli.ebman
Commissioner Edmond
None
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Approved
Philip K. Stoddard
Mayor