_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
Walter Harris, Vice Mayor Maria M. Menendez, CMC
Bob Welsh, Commissioner City Clerk
Josh Liebman, Commissioner Thomas F. Pepe, Esq.
Gabriel Edmond, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
MONDAY, MAY 5, 2014, 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) Fathers in Education Proclamation
b) Unit Citation Award
c) Employee Service Awards
H. APPROVAL OF MINUTES
a) Minutes of April 15, 2014
I. CITY MANAGER’S REPORT
Attorney-Client Session 6:30 p.m.
J. CITY ATTORNEY’S REPORT
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[City Attorney reminder: Remarks are limited to those matters that are
not quasi-judicial. Any comment on a quasi-judicial matter may be made
when the item is called and the speaker is under oath.]
K. PUBLIC REMARKS
L. COMMISSION REPORTS, DISCUSSION & REMARKS
M. CONSENT AGENDA
1. A Resolution appointing Marice Chael to serve on the Green Task Force for a two-
year term ending May 4, 2016. 3/5
(Commissioner Edmond)
2. A Resolution appointing David Rifkind to serve on the Historic Preservation Board
for a two-year term ending May 4, 2016. 3/5
(Mayor Stoddard)
3. A Resolution waiving any conflict concerning the business relationship between
Mariano Corral and Metro South Senior Apartments, pursuant to Florida Statute,
and appointing Mariano Corral to the Environmental Review and Preservation
Board (ERPB). 3/5
(Mayor Stoddard)
4. A Resolution of the City of South Miami City Commission urging the Miami-Dade
County Board of Commissioners to restore full funding to the entire Miami-Dade
Library System. 3/5
(Mayor Stoddard)
5. A Resolution appointing Donald Jackson to serve on the South Miami Community
Redevelopment Agency (SMCRA) Board for a two-year term ending May 4, 2016.
(Commissioner Liebman)
6. A Resolution authorizing the City Manager to enter into contract with Pontifex
Construction Group Inc. for the installation of certified playground mulch at four
(4) City parks. 3/5
(City Manager-Parks & Recreation)
7. A Resolution authorizing the City Manager to accept a donation of $100.00 from
First National Bank for the Paciencia Park Improvement Celebration on May 15,
2014. 3/5
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(City Manager)
8. A Resolution authorizing the City Manager to enter into contract with Pioneer
Construction Management Services, Inc. for an amount not to exceed
$11,462.97 for sidewalk repairs at Marshall Williamson Park, funded by a
Community Development Block Grant agreement with Miami-Dade County
Public Housing and Community Development (PHCD). 3/5
(City Manager-Parks & Recreation)
9. A Resolution adopting the recommendations set forth in the Annual Review
Report of the City of South Miami’s Policies and Internal Controls Regarding
Disclosures for Municipal Securities. 3/5
(City Manager-Finance)
10. A Resolution relating to budget; authorizing a transfer in the amount of $27,000
from the Administration General Contingency account. 3/5
(City Manager)
11. A Resolution relating to budget; authorizing a transfer in the amount of $45,000
from Central Services Operating Equipment account to Capital Improvements
account. 3/5
(City Manager)
12. A Resolution authorizing the City Manager to enter into an Agreement with
Galloway Office Supplies & Furniture to purchase chamber seating. 3/5
(City Manager-Central Services)
13. A Resolution authorizing the City Manager to expend up to $6,017 with Yanmart
Construction Corp. for the removal and disposal of the existing back wall and the
installation of a new finished wall for the Commission Chambers at City Hall.3/5
(City Manager-Public Works)
14. A Resolution authorizing the City Manager to enter into a contract with Guido
Cabinets, Inc. for the removal and replacement of the existing Commission
Chambers’ dais, storage cabinet and podium. 3/5
(City Manager-Public Works)
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15. A Resolution authorizing the City Manager to expend an amount not to exceed
$9,200.00 with Rene American Carpet, Corp. for the removal and installation
carpet in the Commission Chambers at City Hall. 3/5
(City Manager-Public Works)
16. A Resolution authorizing the City Manager to enter into a contract with
Commercial Energy Specialists, Inc. for Pool Chemicals, Liquid Chlorine and
Storage Tank Rental. 3/5
(City Manager-Parks & Recreation)
17. A Resolution authorizing the City Manager to enter into a contract with
eLifeguard, Inc. for Swimming Pool and Lifeguard Equipment. 3/5
(City Manager-Parks & Recreation)
N. RESOLUTION(S)
18. A Resolution re-appointing Dick Ward to the Parks and Recreation Board for a
two-year term ending May 4, 2016. 4/5
(Mayor Stoddard)
19. A Resolution re-appointing Suzanne Williams to the Board of Trustees/Police
Officers for a two-year term ending May 4, 2016. 4/5
(Mayor Stoddard)
20. A Resolution appointing Latasha M. Nickle, an active employee of the City
designated by the City Manager to serve on the City of South Miami Pension
Board for a two-year term ending May 4, 2016. 4/5
(City Manager)
21. A Resolution re-appointing Denise Covington to serve on the South Miami
Community Redevelopment Agency Board for a two-year term ending May 3,
2016. 4/5
(Vice Mayor Harris)
22. A Resolution relating to the review and acceptance of the Annual Report of the
RRC 57th Avenue LLC [Red Road Commons]. (Deferred 3/04 & 4/15/14) 3/5
(City Manager-Planning & Zoning)
23. A Resolution authorizing the City Manager to execute settlement documents in
the case of Michael Weissberg vs. City of South Miami and to pay Michael
Weissberg and his attorney for wages, damages, attorney’s fees and costs. 3/5
(City Manager)
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O. RESOLUTION(S) PUBLIC HEARING(S)
QUASI-JUDICIAL WARNING:
24. A Resolution relating to a request pursuant to Section 20-3.4 of the City of
South Miami Land Development Code for Special Use Approval to permit an
Automobile Repair facility within the GR - General Retail zoning use district. 4/5
THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL AND YOU
MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE UNTIL THE
QUASI-JUDICIAL MATTER IS RESOLVED, AND THE MEETING AT WHICH IT IS
HEARD IS ADJOURNED. IN ADDITION, THERE ARE OTHER RESTIRCTIONS THAT
ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA.
(City Manager-Planning & Zoning)
25. A Resolution authorizing the City Manager to enter into a multi-year contract
with West Publishing Company a subsidiary of Thomson Reuters to provide the
Police Department with Investigative Database Support. 3/5
(City Manager-Police)
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
26. 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)
Q. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
27. An Ordinance amending Section 1 of Ordinance 7-84-1202, to provide for a 90-
day extension to the term of the electric franchise granted on May 1, 1984, to
Florida Power & Light Company. 4/5
(City Manager)
R. ORDINANCE(S) FIRST READING
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28. An Ordinance amending Section 13-31 of the City of South Miami Code of
Ordinances concerning use of the name “City of South Miami and city’s official
seal and logo. 3/5
(City Manager)
29. An Ordinance amending Section 20-2.3 – Definitions, to include a definition for
Temporary Structures and Section 20-3.6(I) entitled Accessory Structures or
Uses. 3/5
(City Manager-Planning & Zoning)
30. An Ordinance of the City of South Miami, Florida amending the Land
Development Code, Section 20-4.5 repealing subsections (A), (H), (I), (J), (K), (L),
(M) and (N) deleting and transferring Section 20-4.5 (D) to 20-4.5.1 (15) adding a
new section 20-4.5 (A) and adding Section 20-4.5.1 titled “Tree Protection”
including, but not limited to, provisions concerning intent, definitions,
applicability and providing for tree removal requirements, applications, permits,
fees tree mitigation and protection, enforcement, penalties, remedies, and
appeals. 3/5
(City Manager)
31. An Ordinance amending the City of South Miami Code of Ordinances, Section 2-
2.1 and adding subsection (O) to establish, pursuant to Section 286.0115, Florida
Statutes, a procedure governing ex parte communications in connection with
quasi-judicial matters. 3/5
(City Manager)
S. 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.
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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.”
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
ANY AGENDA ITEM THAT HAS A QUASI-JUDICIAL WARNING IS CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS OF
THE CITY COMMISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, OTHER THAN AT THE MEETING
SCHEDULED TO RESOLVE THE MATTER, UNTIL THE MATTER IS RESOLVED AT A PUBLIC MEETING AND THE MEETING IS
ADJOURNED. YOU ARE PROHIBITED FROM MAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A
SITE VISIT OR MAKING WRITTEN REQUESTS FOR INFORMATION FROM CITY EMPLOYEES AND RECEIVING WRITTEN
RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTEN REQUESTS FOR INFORMATION AND RESPONSES
THERETO MUST BE FILED WITH THE CLERK AND A COPY MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF
THE MATTER INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBAL COMMUNICATION WITH CITY
EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE’S PROPERTY WITHOUT THEIR PERMISSION.
FURTHERMORE, YOU MAY NOT DISCUSS THE MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDING
NEIGHBORS. YOU MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF THIS MATTER
INVOLVES LAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND ZONING DIRECTOR. ALL INFORMATION THAT
YOU OBTAIN ON THIS MATTER, OTHER THAN YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION
PROVIDED BY STAFF, MUST BE PRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH THE APPLICANT
SHALL BE GIVEN AN OPPORTUNITY TO PRESENT THE APPLICATION AND ANY EVIDENCE IN SUPPORT OF THE APPLICATION. IF
THERE IS A BREAK IN THE MEETING, YOU MAY NOT ALLOW OTHERS TO SPEAK TO YOU ABOUT THE MATTER OR ALLOW THEM
TO 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, AND, EVEN THEN, NOT UNTIL THE MEETING IS ADJOURED. IF YOU RECEIVE AN EMAIL OR
ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE ADJOURNMENT OF THE HEARING AT WHICH A
FINAL DECISION IS MADE FROM ANYONE OTHER THAN CITY EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITY, YOU MAY
READ IT BUT 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 A COPY
MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. IN
ADDITION, IF YOU RECEIVE ANY VERBAL, OR WRITTEN COMMUNICATION (OTHER THAN WHAT HAS ALREADY BEEN
DELIVERED TO THE CLERK AND THE PLANNING AND ZONING DIRECTOR) YOU ARE REQUIRED TO DISCLOSE IT AT THE PUBLIC
MEETING AND, IF IT WAS VERBAL, YOU ARE REQUIRED TO WRITE A MEMORANDUM THAT INCLUDES THE INFORMATION
RECEIVED AND THE NAME AND ADDRESS OF THE PERSON PROVIDING THE INFORMATION, AS WELL AS THE DATE, TIME AND
PLACE WHERE THE COMMUNICATION TOOK PLACE. THIS DOCUMENT MUST BE DELIVERED AS SOON THEREAFTER AS
POSSIBLE TO THE CITY CLERK, AND IF APPLICABLE TO A LAND RELATED ISSUE, A COPY MUST ALSO BE DELIVERED TO THE
PLANNING AND ZONING DIRECTOR.