_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
TUESDAY, DECEMBER 15, 2015, 7:00 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA
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
WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS
TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE
COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE
FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE
PRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, OR
VERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANY
MATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNER
OTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM
MUST BE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT
UNTIL THE SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE
COMMISSION CHAMBER. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE
COMMUNICATION DEVICE, SUCH AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSIONIS IN
SESSION. PHONE RINGERS AND OTHER DEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF
PROCEEDINGS. INDIVIDUALS MUST EXIT THE CHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED
BY THE PUBLIC DURING ANY PORTION OF THE MEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.”
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) Prof. Anthony V. Alfieri, Director
Center for Ethics & Public Service, UM School of Law
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b) Courteous Officers of the Month
c) Officer of the Month
H. APPROVAL OF MINUTES
a) Minutes of December 1, 2015
I. CITY MANAGER’S REPORT
J. 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.]
K. PUBLIC REMARKS
L. COMMISSION REPORTS, DISCUSSION & REMARKS
M. GENERAL ORDER
N. RESOLUTION(S)
1. A Resolution authorizing the City Manager to execute a notice to proceed with
the solar panel program; Goldin Solar, LLC having provided the best prices for
installation of solar panels for residents and businesses. 3/5
(City Manager-Planning & Zoning)
2. A Resolution instructing the City Attorney to draft an ordinance establishing
guidelines for the sale of real property owned by the City of South Miami and
which has a value in excess of $1,000,000. 3/5
(Commissioner Welsh)
O. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
3. An Ordinance Adopting The City of South Miami 2015 Text Amendments to the
Comprehensive Plan Future Land Use And Housing Elements, And Authorizing
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Transmittal To The Florida Department Of Economic Opportunity and Review
Agencies. 5/5
(Mayor Stoddard)
4. An Ordinance amending the City of South Miami Land Development Code,
Article VIII Transit Oriented Development District, “Definitions,” Section 20-8.2,
“Definitions,” to amend vertical story floor height maximum. 5/5
(Mayor Stoddard)
5. An Ordinance amending the Official Zoning Map to establish a Historic
Preservation Overlay (HP-OV) in the Transit Oriented Development District
(TODD-PI) for the Sylva Martin Building located at approximately 6130 Sunset
Drive. 3/5
(Mayor Stoddard)
P. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
6. An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map
of the Comprehensive Plan, amending the designation of the Sylva Martin
Building and a parking lot on the City Hall property located at 6130 Sunset Drive
from Parks and Open Space to Transit Oriented Development District (TODD).5/5
(Mayor Stoddard)
7. An Ordinance establishing an electric franchise with Florida Power & Light
Company for installation of city street lighting within the City of South Miami.4/5
(City Attorney)
Q. ORDINANCE(S) FIRST READING(S)
8. An Ordinance amending Chapter 5, Article 1, of the City of South Miami’s Code of
Ordinances by adding Section 5-7, “Retail Sale of Cats and Dogs”. 3/5
(Vice Mayor Harris)
END OF GENERAL ORDER
R. CONSENT AGENDA
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9. A Resolution authorizing the City Manager to enter into a contract with Davco
Electrical Contractors Corp. to repair athletic/sports field lighting at two (2) City
parks. 3/5
(City Manager-Parks & Recreation)
10. A Resolution authorizing the City Manager to accept a donation in the amount of
$100 from South Miami Alliance for Youth, Inc. to contribute to the City’s Parks
and Recreation Department 2015 Turkey Giveaway event. 3/5
(City Manager-Parks & Recreation)
11. A Resolution authorizing the City Manager to accept donation contributions in the
amount of $3,500 for the 2015 State of the City Event. 3/5
(City Manager-Parks & Recreation)
12. A Resolution authorizing the City Manager to expend an amount not to exceed
$8,990 to Set USA-Tennis, Inc. for the purchase of operating equipment and
supplies at Dante Fascell Park tennis facility. 3/5
(City Manager-Parks & Recreation)
13. A Resolution authorizing the City Manager to replace existing shade covers at
Murray Park and to purchase new poolside shade structures from Apollo
Sunguard Systems, Inc. through a piggyback agreement from the Clay County,
Florida RFP No. 13/14-8 for an amount not to exceed $37,417.92 . 3/5
(City Manager-Parks & Recreation)
14. A Resolution of the City of South Miami, Florida, opposing the Florida
Fish and Wildlife Commission’s action to permit bear hunting, and
requesting the intervention of the Governor and the State Legislature.3/5
(Mayor Stoddard)
15. A Resolution authorizing the City Manager to execute FY 2015 Community
Development Block Grant agreement as well as loan documents and other
documents required by the agreement with Miami-Dade County Public Housing
and Community Development (PHCD) for the After School Programming Support.
(City Manager) 3/5
16. A Resolution relating to budget; authorizing a transfer of $12,000 from Finance
Auditor’s Fee account, to Finance Professional Services account. 3/5
(City Manager-Finance)
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17. A Resolution authorizing the City Manager to expend an amount not to exceed
$12,000 with Gabriel Roeder Smith & Company to perform an Actuarial
Projection Study of the City’s General and Police Employee’s Pension Plan. 3/5
(City Manager-Finance)
S. RESOLUTION(S) (CONT’D)
18. A Resolution of the City of South Miami in support of public land acquisition of
the Ludlam Trail corridor from Miller Road to SW 80th Street; and authorizing the
City Manager to negotiate with the landowner for the purchase and to discuss
with stakeholders. (Deferred 11-12-15 & 12-01-15)) 3/5
(Mayor Stoddard)
T. RESOLUTION(S) PUBLIC HEARING(S)
19. A Resolution authorizing the City Manager to enter into a five year agreement
with Taser International to provide body worn cameras for the Police
Department. 3/5
(City Manager-Police)
20. A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, adopting a draft amendment to Article VI, Section 9 (B) of the City
Charter to restrict the sale or lease of City real property or the purchase of real
property by the City, subject to a Referendum of the City’s electorate approving
the amendment, and to be placed on the ballot at the Presidential Preference
Primary Election scheduled for March 15, 2016 scheduled for March 15, 2016
and directing the City Clerk to take all necessary actions to carry out the
provisions of this resolution. 3/5
(Commissioner Edmond)
U. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) (CONT’D)
21. An Ordinance amending Land Development Code Article V Section 20-5.8 to
correct a scrivener’s error in Section 20-5.8 referring to the Permitted Use
Schedule. 3/5
(Mayor Stoddard)
22. An Ordinance amending Article IV, “Other Regulations,” Section 20-4.4, “Off-
street parking requirements,” Subsection (B), “Space Requirements,” to create
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new subsection (B)(17), to establish a revised parking requirement for affordable
or workforce housing projects. 5/5
(Mayor Stoddard)
23. An Ordinance amending Article III, “Zoning Regulations, Section 20-3.5,
“Dimensional Requirements,” and other applicable provisions, to adjust the
density caps in the Specialty Retail SR zoning districts for affordable and
workforce housing projects north of US 1 and within the Community
Redevelopment Area boundaries as they existed on October 14, 2015. 5/5
(Mayor Stoddard)
V. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S) (CONT’D)
24. An Ordinance relating to the City’s 2016 fiscal year budget; amending the budget
to take into account an increase in the Federal Forfeiture Fund Appropriated
Amount. 3/5
(City Manager-Finance)
W. ORDINANCE(S) FIRST READING(S) (CONT’D)
25. An Ordinance amending Section 13-28 of the City of South Miami’s Code of
Ordinances to provide authority to the City Manager to repeal a business tax
receipt when the City Manager determines there is a violation of any applicable
statute, ordinance, rule or regulation. 3/5
(City Manager)
26. An Ordinance amending the City of South Miami Land Development Code, Article
VI, “Administration and Enforcement,” Section 20-6.1, “Administrative entities,”
and other applicable provisions, to define the term “less restrictive” to more
accurately determine what voting requirements apply to City Commission
actions to amend land development regulations. 3/5
(City Manager)
X. ADJOURNMENT
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.”
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC
OFFICIAL, AND AN APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE
PUBLIC QUASI-JUDICIAL HEARING WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION
OF SECTION 286.0115(1), FLORIDA STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX
PARTE COMMUNICATIONS IF CERTAIN PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE
IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF
THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED
PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE. ALL DECISIONS MADE AT A QUASI-
JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL EX PARTE COMMUNICATIONS ARE
HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY QUASI-JUDICIAL
DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW
THE USE OF EX-PARTE COMMUNICATIONS AS FOLLOWS:
1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE
COMMUNICATION AND THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION
TOOK PLACE, AS SOON AS PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND
MADE A PART OF THE RECORD AT THE HEARING BEFORE FINAL ACTION ON THE MATTER.
2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN
COMMUNICATION THAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL
NOT BE PRESUMED PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND
MADE A PART OF THE RECORD BEFORE FINAL ACTION ON THE MATTER.
3. A LOCAL PUBLIC OFFICIAL MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT OPINIONS
REGARDING QUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH
ACTIVITIES AND THE EXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE
RECORD BEFORE FINAL ACTION IS TAKEN ON THE MATTER.
4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE
PUBLIC MEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS
CONTRARY TO THOSE EXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO
REFUTE OR RESPOND TO THE COMMUNICATION.
IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE
THE COMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY
COMMISSION HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD
RESULT IN THE ACTION TAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH
COMMUNICATIONS, AND THEY ARE NOT ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY
COMMISSION, AND UNTIL DETERMINED OTHERWISE BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT
NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THE DETRIMENT OF THE CITY AND OTHER PARTIES.