_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, JANUARY 19, 2016, 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
H. APPROVAL OF MINUTES
a) Minutes of January 5, 2016
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
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M. CONSENT AGENDA
1. A Resolution acknowledging Commissioner Josh Liebman’s (Group Seat II)
appointment of Maximo Monterrey as the representative of Group Seat II, to
serve on the Budget and Finance Committee for a term ending September 30,
2016. 3/5
(Commissioner Liebman)
2. A Resolution authorizing the City Manager to accept a donation of $700 from
Volksblast, Inc. to contribute to the Parks and Recreation 2015 winter camp. 3/5
(City Manager-Parks & Recreation)
3. A Resolution authorizing the City Manager to expend an amount not to exceed
$7,200 to BM Roofing General Repairs, LLC for the installation of a new roof for
the equipment room at Palmer Park. 3/5
(City Manager-Parks & Recreation)
4. A Resolution relating to budget; authorizing a transfer of $6,100 from Police
Overtime account, to Police Holiday Overtime account. 3/5
(City Manager-Police)
5. A Resolution authorizing the City Manager to purchase seven vehicles from Don
Reid Ford. 3/5
(City Manager-Police)
N. RESOLUTION(S)
6. A Resolution appointing Dorothea Lantz to serve on the Environmental Review
and Preservation Board for a two-year term ending January 18, 2018. 3/5
(Commissioner Liebman)
7. A Resolution re-appointing Esperanza Kelly to serve on the Environmental Review
and Preservation Board for a two-year term ending January 4, 2018. 3/5
(Vice Mayor Harris) (Deferred 1-05-16)
8. A Resolution of the South Miami Commission of the City of South Miami, Florida,
calling on Florida Governor Rick Scott, State Senate President Andy Gardiner, and
State Speaker of the House Steve Crisafulli to enact a bill to install embedded, in-
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road, solar-powered, marker lights for bicycle ways located in, and within 1-mile
of, all urban areas. 3/5
(Mayor Stoddard)
O. RESOLUTION(S) PUBLIC HEARING(S)
9. A Resolution authorizing the City Manager to purchase and finance for 5 years
NICE Recording System from Word Systems, Inc. 3/5
(City Manager-Police)
QUASI-JUDICIAL WARNING:
10. A Resolution for special use approval to permit an animal hospital/veterinarian at
6396 S. Dixie Highway. 4/5
THE FOLLOWING MATTERS ARE 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)
P. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
11. An Ordinance amending the City of South Miami Land Development Code, Article
II, “Definitions,” Section 20-2.3, “Definitions,” to add definitions for “Variety
Retail” and “Retail Outlet - Off-Price Retail,” and Article VII, “Hometown District
Overlay Ordinance,” Section 20-7.12, Permitted Uses,” to provide that such uses
shall not be permitted in the Hometown District Overlay. 3/5
(Mayor Stoddard) (Deferred 12-01-15)
Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
12. 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)
13. 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
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receipt when the City Manager determines there is a violation of any applicable
statute, ordinance, rule or regulation. 3/5
(City Manager)
14. An Ordinance amending Article IV, “Other Regulations,” Section 20-4.4, “Off-
street parking requirements,” Subsection (B), “Space Requirements,” to create
new subsection (B)(17), to establish a revised parking requirement for affordable
or workforce housing projects. 5/5
(Mayor Stoddard)
15. 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. (Deferred 1-05-16) 3/5
(Commissioner Welsh)
R. 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.
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.”
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
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
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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.
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
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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.