_Ha1
2
3
~
10
City of South Miami
Regular City Commission Minutes
July 22, 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 were present: Mayor Stoddard, Vice
12 Mayor Harris, Commissioner Welsh, Commis?i6rietLiebman, Commis~i()ner Edmond.
13
14 Also in attendance were: City Manag~r Steve .L\lex~ander, City Attorney Thomas F.
15 Pepe, Esq., City Clerk Maria M. Menendez, CMe. '
l~
28
29
3~
32
33
3~
36
37
38
D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANCE
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITHTHE CITY CLERK
G. PRESENTATIONS
H. APPROVAL OF MINUTES
a) Minutes of July 15 , 2014
The Minutes of July 15, 2014 were approved as presented.
I. CITY MANAGER'S REPORT
J. CITY ATTORNEY'S REPORT
Mr. Pepe did not have anything to report.
CITY COMMISSION MINUTES
July 22, 2014
1
1
K. PUBLIC REMARKS
2
3 The following individuals addressed the Commission: Beth Schwartz, Brad Cassel,
4 Joe Simmons, Jr., John Anderson, Martha Washington, Claudia Hauri, Antoinette Fischer.
6
L. COMMISSION REPORTS, DISCUSSION & REMARKS
7
8 The following is a summary of Commission Remarks: concerns with proposed
9 Charter amendments; information was given for getting voting rights restored and for further
10 information to call 305-547-0724; tax holiday August 3;-.8;c6I1ecting old City photos and movies
11 for a new project.
Q.
16
;"',";".','; "
ORDINANCE(S) FIRST READING(S) pUBqcl-lfARING(S)
An Ordinance authorizing the dii·Managert6enter into an exclusive franchise
agreement for residential solid wast~.>collection and recycling services with
Waste Pro of Florida Inc. that is substantially the same as its agreement with
Y ". _,
Village of Biscayne Park who selected Waste Pro of Florida Inc. based on a
competitive solicitation.
4/5 (City Manager-Public Works)
17 Mr. Alexander presented this item defining the job of a manager which among
18 other things is to look for a sound financial state of the City; the need for revenues is one of the
19 priorities; the estimated $600,000 yearly savings represents four percent of the budget; he
20 explained that what makes this doable is that the employees will still have comparable salaries
21 and comparable benefits; there is no additional billing and the service and schedule will stay
22 exactly the same; in addition, we have increased the amount of recycling and now it will be
23 once every week.
24
25 The Public Hearing was opened and the following individuals addressed the
26 Commission: Doug Baker, Beth Schwartz, Denise Covington, Dick Ward, Antoinette Fischer,
27 Lashawndra Williams. At the end of the meeting, West Pro Representative, Russell Mackie
28 addressed the Commission.
29
30 The proposed franchise generated concerns among employees and the public, so
31 Mr. Alexander proposed holding a workshop in between readings. Therefore, a workshop was
32 scheduled for Monday, August 4 at 7:00 p.m. In addition, Mr. Alexander informed that he will
33 be holding a meeting with affected employees, Human Resources and Waste Pro to answer to
34 all questions of concern. The Commission expressed concern with the rush for this process;
35 some favored going for an RFP, and they also wanted to make sure that the money being saved
CITY COMMISSION MINUTES
July 22, 2014
2
1 by going with the franchise will be earmarked for a specific project and not to be spent on any
2 type of a study or to disappear.
3
4 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve An
5 Ordinance authorizing the City Manager to enter into an exclusive franchise agreement for
6 residential solid waste collection and recycling services with Waste Pro of Florida Inc. that is
7 substantially the same as its agreement with Village of Biscayne Park who selected Waste Pro of
8 Florida Inc. based on a competitive solicitation, passed by a 4-1 vote:
9
14
Yea:
Nay:
M. CONSENT AGENDA
Mayor Stoddard
Vice Mayor Harris 0
Com m issionehWelsh Commissi()Jl~YLiebman
Commis~idher Edmond
1. A Resolution acknowl.edgingCqmmissioner: Gabriel Edmond's {Group Seat I}
appointment of Emily lGlavey;as the representative of Group Seat I, to serve
on the ~Iallning Board forf.ltwo-yea~ter01 ending July 21, 2016. 3/5
{Commissioner Edmond}
15 Moved by Vice Mayor Harris,.seconded by Mayor Stoddard, the motion to approve
16 Resolution No. 140-14-14234 acknowledging Commissioner Gabriel Edmond's {Group Seat I}
17 appointment of Emily J. GlaveY,asthe representative of Group Seat I, to serve on the Planning
18 Board for a two-year term ending July 21, 2016, passed by a 5 -0 vote:
19
22
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
2. 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}
CITY COMMISSION MINUTES
July 22, 2014
3
1 Moved by Vice Mayor Harris, seconded by Mayor Stoddard, the motion to approve
2 Resolution No. 141-14-14235 acknowledging Commissioner Welsh's (Group Seat III)
3 appointment of Deltravis Williams, as the representative of Group Seat III, to serve on the Parks
4 and Recreation Board for a two-year term ending July 21, 2016, passed by a 5 -0 vote:
5
3.
8
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
A Resolution authorizing the citi~l~ager to execute a contract with Harold V.
Hickey, Esquire, as Special M~gistrate for the City of SollthMiami. 3/5
(City Manager-Code Enforcement)
9 Moved by Vice Mayor Harris,seconded by MayorStdddard, the motion to approve
10 Resolution No. 142-14-14236 authorizing theCity Managertoexecute a contract with Harold V.
11 Hickey, Esquire, as Special Magistrate forthe CifyofSouth Miami, passed by a 5 -0 vote:
12
15
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissi()ner Welsh
Commissioner Liebman
Commissioner Edmond
None
4. A Resolution relating to budget; authorizing a transfer of $800 between
Planning & Zoning Department accounts for telephone service.
3/5 (City Manager-Planning & Zoning)
16 Moved by Vice Mayor Harris, seconded by Mayor Stoddard, the motion to approve
17 Resolution No. 143-14-14237 authorizing a transfer of $800 between Planning & Zoning
18 Department accounts for telephone service, passed by a 5 -0 vote:
19
Yea:
CITY COMMISSION MINUTES
July 22, 2014
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
4
3
4
5
6
7
8
9
12
Nay: None
6. 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)
Moved by Vice Mayor Harris, seconded by Mayor Stoddard, the motion to approve
Resolution No. 144-14-14238 authorizing the City Managertq expend an amount not to exceed
$25,000 with Lewis, Longman & Walker, P.A. to pr~.~.ide the City6f South Miami legal
representation on pension matters, charging accotln~001.1500.514.3Lj.10, Legal Service Outside
Litigation, passed by a 5 -0 vote:<6~t;iJ
Yea:
Nay:
, ';,::7
;"?;jl?~; ~;"
Mayor StodHard
Vice MayorH~Fris.,
Commissioner Welsh
CorYlrYli.ssioner Liebman , " .. ' ....
CommissiOner Edmond,
None
7. A Resolution autnorizing 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)
13 Moved by Vice Mayor Harris, seconded by Mayor Stoddard, the motion to approve
14 Resolution No. 145-14-14239 authorizing the City Manager to execute a fiscal year 2015 Florida
15 Recreation Development Assistance Program (FRDAP) grant agreement with Florida
16 Department of Environmental Protection for the Fuch's Park grant, passed by a 5 -0 vote:
17
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
8. A Resolution authorizing the City Manager to purchase a 2014 Ford Taurus
from Don Reid Ford, Inc., through a piggyback agreement from the Florida
CITY COMMISSION MINUTES
July 22, 2014
5
5
6
7
8
9
10
11
12
13
14
15
16
17
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)
(This item was withdrawn from the agenda)
N. RESOLUTION(S)
A Resolution relating to the City's 2014/2015i fiscal year budget; advising the
Miami-Dade County Property Appraiser'ofitscproposed millage rate of 4.3639
mills; its rolled-back rate of 4.0548 mills andahnouncing the dates of public
hearing to consider the proposedjnillage rate andientative budget.
3/5 (City Manager-Finance) ................... .
····-7· . . . ,
This item was pulled from the Consent,tor further comments and. the Commission
discussed the proposed millage rate and rolied-backralE:!<rvJl".<Alexander referred to the savings
that would result from going with thepl"()JJosed franchj~e~greement for residential solid waste
collection and recycling services, and.t.hefinancial impact of not being able to have those
savings. At this point CFO Riverol addre~sed th~;~.()rnmiSSi()nWiFh further clarification and the
reason why in the absencecgfthe $600,OOO~avings'",,~would needto raise the millage from the
proposed 4.3639 to approximately 4.7.
At this timeCQmmissioner Welsh 'rrldv~d to propose raising the millage to 4.4075.
The motion died for lack ofa second. He then moved to raise the mill to 4.4639 which also
failed for lackof a second.
18 Moved by Commissioner Edmond, seconded by Mayor Stoddard, the motion to approve
19 Resolution No. 146-14-14240 relating tothe City's 2014/2015 fiscal year budget; advising the
20 Miami-Dade County Property Appraiser of its proposed millage rate of 4.3639 mills; its rolled-
21 back rate of 4.0548 mills and announcing the dates of public hearing to consider the proposed
22 millage rate and tentative budget, passed by a 5 -0 vote:
23
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
9. A Resolution enacting a moratorium on issuance of permits to cut or otherwise
CITY COMMISSION MINUTES
July 22, 2014
6
1
kill certain trees until the existing tree protection ordinance can be amended
to provide better protections.
3/5 (Mayor Stoddard)
2 Mayor Stoddard explained that the moratorium only affects specific types of trees,
3 and the moratorium ends October 1st . The Commission then discussed the proposed resolution.
4
5 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
6 Resolution No. 147-14-14241 enacting a moratorium on issuance of permits to cut or otherwise
7 kill certain trees until the existing tree protection ordinancE! can be amended to provide better
8 protections, passed by a 4 -1 vote:
9
14
Yea:
Nay:
Mayor Stoddard
Vice MayofHarris
Commissioner Welsh
Commissioner Edmond
, ,'-";,' ,'",-/
Commissioner Liebman
O. RESOLUTION(S) PUBLIC HEARING(S)
11.
'--,', <:;':';:><U;':::: >'"
A Resoldtionallthorizing th~'City M~nag~r:to execute an Interlocal Agreement
between the btyand theClerk.bf Courts, Miami Dade County, Florida,
permitting the Cityof South Miami Parking Department use of a License Plate
RecognitionSystem(LPR).
3/5 '(City Manager-Finance)
15 Mr. Alexander presented this item explaining that this agreement is designed to
16 help us increase our efficiency in terms of parking and the enforcement of parking citations.
17 The Commission expressed concern about the proposed agreement and cautioned staff to
18 make sure that the system will not become an oppressive one. The public hearing was opened
19 and closed with no speakers.
20
21 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
22 Resolution No. 149-14-14243 authorizing the City Manager to execute an Interlocal Agreement
23 between the City and the Clerk of Courts, Miami Dade County, Florida, permitting the City of
24 South Miami Parking Department use of a License Plate Recognition System (LPR), passed by a
25 5 -0 vote:
26
Yea:
CITY COMMISSION MINUTES
July 22, 2014
Mayor Stoddard
Vice Mayor Harris
7
12.
13.
5
Nay:
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
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 foranamount of $38,902 annually, to
be funded from the Stormwater Trust Fund. . (Deferred 6/03/14) 3/5
(City Manager-Public Works}'<><
(This item was withdrawn troln th~dfienda) ,-.:-:,'?::">" . . ... , '~",
A Resolution of the Mayor andt'if~commission of the. City of South Miami,
Florida. amending the City cha!';f:~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 elect6fafe/phJvi'Ciing an effective date for the
amendment and directing the City d~f~·1:() incorporate the amendment into
the Charter and to file the revised chciher 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
provisi()ri;ofthl~resolution. . . ..
3/5 (Vid~ Mayor Harris)
6 Moved by CommissionerWelsh;seconded by Commissioner Liebman, the motion to
7 table A Resolution amendingth~tif'y' Charter to change the official City of South Miami election
8 date from February to the first Tuesday of April; starting in 2018 and subject to approval by the
9 electorate providing an effective date for the amel1dment and directing the City Clerk to
10 incorporate the amendment into theCharter and to file the revised charter with the Florida
11 Department of State at a referendum to be held on November 4,2014; providing ballot
12 language; directing the City Clerk to take all necessary actions to carry out the provisions of this
13 resolution, passed by a 5 -0 vote:
14
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
14. A Resolution of the Mayor and City Commission of the City of South Miami,
CITY COMMISSION MINUTES
July 22, 2014
8
3
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 referendumt9pe held on November 4, 2014;
providing ballot language; directing the ~Jty,Clerk to take all necessary actions
to carry out the provisions of this resolutic>ri'~S1' 3/5
{Vice Mayor Harris} ..;;>v ·;<A,.
(This item wasWltIJdrawn from the agenda)
15. A Resolution of the Mayor and City Commission of t~eiCity of South Miami,
Florida, proposing an amendmentththe City Charter to better define the roles
of the City Commission and Cit\f.Manag~rthat are stahdard under the
Commission-Manag~rf()rm of governm~n'\:by amending Art. I(Sec. 5.(e) and
Sec. 9; Art. IV, Sec. '. t.Dand>Sec. 4.Ej Art. V, Sec. 5.C; and Art. VI, Sec. 6,
including an effective date fottheamendmentand, subject to approval by the
electorate. atareferendLimto beheld on November 4,2014, directing the City
Clerkt6ihtbr-[)6rate the ahiendmel1tinto the Charter and to file the revised
charter With the Florida Departrri~nt of State; providing ballot language and
directingthe City Clerk to takeall'l1ecessary actions to carry out the provisions
of this resolution; 3/5
(Mayor Stoddard)··
4 Commissioner Edmond addressed the Commission expressing concern with the
5 proposed language and recommended certain changes to the following: Article II, Section 5C
6 "Regular Meetings". He said that the proposed revised language implies that the Commission
7 may decide to have one meeting a year or no meeting at all if so chooses. This was confirmed
8 by Mr. Pepe. The Commission discussed this item further, moving to replace the word "twice"
9 each month to "once" each month. The motion passed by 4-1 vote (Harris).
10
11 On Section 9 "Investigations". Commissioner Edmond said that he prefers to leave
12 discretion for this and future Commissions to conduct investigations that they may deem
13 appropriate. Moved by Commissioner Edmond, seconded by Vice Mayor Harris to delete the
14 proposed changes and leave this section with its original language. The motion passed by 4-1
15 vote {Stoddard}.
16
CITY COMMISSION MINUTES
July 22, 2014
9
1 The City Manager then referred to Article VI Section 6 "Autonomy", recommending
2 new language, which was then read out loud by the Mayor. This section was discussed a little
3 further and then left to be addressed at another time.
4
5 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve A
6 Resolution proposing an amendment to the City Charter to better define the roles of the City
7 Commission and City Manager that are standard under the Commission-Manager form of
8 government by amending Art. II, Sec. 5.{C} and Sec. 9; Art. IV/Sec 2.0 and Sec. 4.E; Art. V, Sec.
9 5.C; and Art. VI, Sec. 6, including an effective date for thearrlendment and, subject to approval
10 by the electorate at a referendum to be held on Novel11b~r412Q14, directing the City Clerk to
11 incorporate the amendment into the Charter and tQ file:tHe revised charter with the Florida
12 Department of State; providing ballot language ~n9'~Jrecting the City Clerk to take all necessary
13 actions to carry out the provisions of this resolll~iQn', failed by a 1 -4vote:
14
Is
16.
Yea:
Nay:
Mayor~i~ja9rd
Vice Mayor H~fti~: /<'i{\'/
Commissioner W~I$h,/
2~mrnissioner Liebfiian
C()mmissi()ner EdmorldJ
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, proposingan 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. 6.0.2; Art. III, Sec. 5. H; Art IV, Sec. 2., F. (i) 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)
Moved by Mayor Stoddard, the motion died with no second.
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.
CITY COMMISSION MINUTES
July 22, 2014
10
5
6
7
8
9
10
11
12
13
14
17
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)
Moved by Mayor Stoddard, the motion died with no second.
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
An Ordinance amending the City of South Miami'sCode of Ordinances Chapter
5, Article 1, Section 5-1 to refine the City's designation as a wildlife sanctuary.
(Mayor Stoddard) 3/5
The Mayor presented this item followJdby~istLs~'ion among the Commission. The
motion to amend page two, line15~/to replace the ""ord "biologically" with the word
"environmentally" passed unanimously:
Moved by Mayor Stoddard, second'eej by Vice Mayor Harris/the motion to approve as
amended Ordinance No, 16-14~2194 amending theCityofSouth Miami's Code of Ordinances
Chapter 5, Article 1, Section 5-1 to refine the (:itis/designatfon'~s a wildlife sanctuary,
passed by a 5 -0 vote:
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
None
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
18 Mayor Stoddard presented this item which was taken out of order in lieu of related
19 item 18.
20
21 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
22 Resolution No. 148-14-14242 notifying the Miami-Dade County Mosquito Control Board that
CITY COMMISSION MINUTES
July 22, 2014
11
1 the City of South Miami has been declared a "environmentally sensitive areal passed by a 5 -0
2 vote:
3
g
~
8
9
10
11
12
Yea:
Nay:
R. ORDINANCE(S) FIRST READING
S. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
July 22, 2014
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner
None
Approved
PhilipK.;Stoddard .. Mayor
12