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agendaCITY 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 TUESDAY, JULY 22, 2014, 7:00 PM CITY HALL/COMMISSION CHAMBERS 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA SILENCE OR TURN OFF ALL CELL PHONES ADD-ON ITEM(S) ROLL CALL MOMENT OF SILENCE PLEDGE OF ALLEGIANCE LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK PRESENTATIONS APPROVAL OF MINUTES Minutes of July 15 , 2014 CITY MANAGER’S REPORT CITY ATTORNEY’S REPORT [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.] PUBLIC REMARKS COMMISSION REPORTS, DISCUSSION & REMARKS CONSENT AGENDA A Resolution acknowledging Commissioner Gabriel Edmond’s (Group Seat I) appointment of Emily J. Glavey, as the representative of Group Seat I, to serve on the Planning Board for a two-year term ending July 21, 2016. 3/5 (Commissioner Edmond) A Resolution acknowledging Commissioner Welsh’s (Group Seat III) appointment of Deltravis Williams, as the representative of Group Seat III, to serve on the Parks and Recreation Board for a two-year term ending July 21, 2016. 3/5 (Commissioner Welsh) A Resolution authorizing the City Manager to execute a contract with Harold V. Hickey, Esquire, as Special Magistrate for the City of South Miami. 3/5 (City Manager-Code Enforcement) A Resolution relating to budget; authorizing a transfer of $800 between Planning & Zoning Department accounts for telephone service. 3/5 (City Manager-Planning & Zoning) A Resolution relating to the City’s 2014/2015 fiscal year budget; advising the Miami-Dade County Property Appraiser of its proposed millage rate of 4.3639 mills; its rolled-back rate of 4.0548 mills and announcing the dates of public hearing to consider the proposed millage rate and tentative budget. 3/5 (City Manager-Finance) A Resolution authorizing the City Manager to expend an amount not to exceed $25,000 with Lewis, Longman & Walker, P.A. to provide the City of South Miami legal representation on pension matters, charging account 001.1500.514.3410, Legal Service Outside Litigation. 3/5 (City Manager) A Resolution authorizing the City Manager to execute a fiscal year 2015 Florida Recreation Development Assistance Program (FRDAP) grant agreement with Florida Department of Environmental Protection for the Fuch's Park grant. 3/5 (City Manager-Finance/Grants) A Resolution authorizing the City Manager to purchase a 2014 Ford Taurus from Don Reid Ford, Inc., through a piggyback agreement from the Florida Sheriffs Association Contract No. 13-21-0904 to support the parking enforcement operations and a License Plate Recognition (LPR) System for an amount not to exceed $24,000. 3/5 (City Manager-Central Services) RESOLUTION(S) 9. A Resolution enacting a moratorium on issuance of permits to cut or otherwise kill certain trees until the existing tree protection ordinance can be amended to provide better protections. 3/5 (Mayor Stoddard) 10. A Resolution notifying the Miami-Dade County Mosquito Control Board that the City of South Miami has been declared a “environmentally sensitive area”. (Mayor Stoddard) 3/5 RESOLUTION(S) PUBLIC HEARING(S) A Resolution authorizing the City Manager to execute an Interlocal Agreement between the City and the Clerk of Courts, Miami Dade County, Florida, permitting the City of South Miami Parking Department use of a License Plate Recognition System (LPR). 3/5 (City Manager-Finance) 12. A Resolution authorizing the City Manager to enter into a five (5) year Interlocal Agreement with Miami Dade County for routine canal maintenance for the Ludlam Glades and Broad Canals for an amount of $38,902 annually, to be funded from the Stormwater Trust Fund. (Deferred 6/03/14) 3/5 (City Manager-Public Works) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, amending the City Charter to change the official City of South Miami election date from February to the first Tuesday of April, starting in 2018 and subject to approval by the electorate providing an effective date for the amendment and directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State at a referendum to be held on November 4, 2014; providing ballot language; directing the City Clerk to take all necessary actions to carry out the provisions of this resolution. 3/5 (Vice Mayor Harris) 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, amending the City Charter Clarification of article II section 6 subsection D 1 and reduce the number of votes for an amendment to land use and development regulations from 5 votes to 4 affirmative votes, except where the amendment would allow four or more stories in height or in excess of 24 units per acre subject to approval by the electorate providing an effective date for the amendment and directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State at a referendum to be held on November 4, 2014; providing ballot language; directing the City Clerk to take all necessary actions to carry out the provisions of this resolution. 3/5 (Vice Mayor Harris) 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, proposing an amendment to the City Charter to better define the roles of the City Commission and City Manager that are standard under the Commission-Manager form of government by amending Art. II, Sec. 5.(C) and Sec. 9; Art. IV, Sec. 2.D and Sec. 4.E; Art. V, Sec. 5.C; and Art. VI, Sec. 6, including an effective date for the amendment and, subject to approval by the electorate at a referendum to be held on November 4, 2014, directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State; providing ballot language and directing the City Clerk to take all necessary actions to carry out the provisions of this resolution. 3/5 (Mayor Stoddard) 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, proposing an amendment to the City Charter to increase financial flexibility, to improve auditing and facilitate responsiveness during and emergencies while maintaining Commission authority over the Administration by amending Art. II, Sec. 6.D.2; Art. III, Sec. 5. H; Art IV, Sec. 2., F. (1) and (2), including an effective date for the amendment and, subject to approval by the electorate at a referendum to be held on November 4, 2014, directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State; providing ballot language and directing the City Clerk to take all necessary actions to carry out the provisions of this resolution. 3/5 (Mayor Stoddard) 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, proposing an amendment to the City Charter to correct language made obsolete by state law or previous charter changes, and to clarify existing Charter language without change in function or intent by amending Art. II, Sec. 8A; Art. III, Sec.3, Sec. 4 and Sec. 5.E; Art. IV, Sec.2.B and Sec. 2.C; Art. V, Sec. 1.B.(4) and (5), Sec. 5. B and Sec. 6, including an effective date for the amendment and, subject to approval by the electorate at a referendum to be held on November 4, 2014, directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State; providing ballot language and directing the City Clerk to take all necessary actions to carry out the provisions of this resolution. 3/5 (Mayor Stoddard) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 18. An Ordinance amending the City of South Miami’s Code of Ordinances Chapter 5, Article 1, Section 5-1 to refine the City’s designation as a wildlife sanctuary. (Mayor Stoddard) 3/5 ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) 19. An Ordinance authorizing the City Manager to enter into an exclusive franchise agreement for residential solid waste collection and recycling services with Waste Pro of Florida Inc. that is substantially the same as its agreement with Village of Biscayne Park who selected Waste Pro of Florida Inc. based on a competitive solicitation. 4/5 (City Manager-Public Works) ORDINANCE(S) FIRST READING 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.”