_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
Bob Welsh, Vice Mayor Maria M. Menendez, CMC
Walter A. Harris, Commissioner City Clerk
Josh Liebman, Commissioner Thomas F. Pepe, Esq.
Gabriel Edmond, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
TUESDAY, MARCH 15, 2016, 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
H. APPROVAL OF MINUTES
a) Minutes of March 1, 2016
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2
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. CONSENT AGENDA
1. A Resolution appointing Darryl Morrison to serve on the Parks and Recreation
Board for a two-year term ending June 3, 2017. 3/5
(Mayor Stoddard)
2. A Resolution re-appointing Alfredo Riverol, to serve on the Pension Board for a
two-year term ending March 14, 2018. 3/5
(City Commission)
3. A Resolution calling for installation of a streetlight at or near 7121 SW 63rd
Avenue. 3/5
(Mayor Stoddard)
N. RESOLUTION(S)
4. A Resolution authorizing the City of South Miami (“City”) to become a sponsor of
the 36th Anniversary Celebration of the Pelican Harbor Seabird Station. 3/5
(Commissioner Harris) (Deferred 03/01/16)
5. A Resolution appointing Bradley Cassel to serve on the City of South Miami Audit Committee for a term not to exceed twelve months. 3/5
(Commissioner Edmond)
6. A Resolution appointing Douglas Thompson to serve on the Green Task Force for
a two-year term ending July 1, 2017. 3/5
(City Commission)
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3
7. A Resolution authorizing the City Manager to waive one-hundred percent (100%)
of the non-profit rental fees for the use of the Gymnasium at the Gibson-Bethel
Community Center by NID Housing Counseling Agency to host a Foreclosure
Prevention Workshop. 3/5
(City Manager-Parks & Recreation)
O. RESOLUTION(S) PUBLIC HEARING(S)
8. A Resolution authorizing the City Manager to enter into a three-year contract
with LexisNexis to provide online legal publications. 3/5
(City Attorney)
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTERS ARE CONSIDERED TO BE QUASI-JUDICIAL. PLEASE
REVIEW THE RESTIRCTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF
THIS AGENDA.
9. A Resolution for special use approval to permit a law office at 6001 SW 70 Street,
Unit CU-101. 4/5
(City Manager-Planning & Zoning)
10. A Resolution for special use approval to permit a general restaurant at 6144 S.
Dixie Highway. 4/5
(City Manager-Planning & Zoning)
11. A Resolution approving an application for a waiver of off-street parking space
requirements for the property located at 6144 S. Dixie Highway. 4/5
(City Manager-Planning & Zoning)
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
(NONE)
Q. ORDINANCE(S) FIRST READING(S)
12. An Ordinance amending Section 20-5.17, “Reserved,” of the City of South Miami’s
Land Development Code to create a new section entitled “building site approval
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4
or creation; lot split,” to establish procedures for identifying lawful building sites,
and for subdividing land into buildable sites or for transfer of ownership. 3/5
(Commissioners Edmond and Harris)
13. An Ordinance amending Section 20-4.2 of the City of South Miami’s Land
Development Code to add criteria for the City’s approval of the subdivision of
land, including subdivision by a waiver of plat or through the process set forth in
Chapter 28 of the Miami-Dade County Code. 3/5
(Commissioners Edmond and Harris)
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.”
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.
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5
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.