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City of South Miami
Regular City Commission Minutes
April 5, 2016
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
The following members of the City
Mayor Welsh, Commissioner Harris, Commi
Also in attendance were: City
Pepe, Esq., City Clerk Maria M.
D. MOMENT OF SILENCE
E. PLEDGE OF
Mayor Stoddard, Vice
Edmond,
ey Thomas F.
F. IGHT MUST HAVE BEEN
G.
27 b)
28
29 City's
30 addressed the Com
H
H. APPROVAL OF MIN
Gomez introduced Senator Miguel Diaz de la Portilla who
e End-of-Session Legislative Report.
a) Minutes of March 15,2016
35
36
38
The Minutes of March 15, 2016 were unanimously approved as presented.
1., CITY MANAGER'S REPORT
CITY COMMISSION MINUTES
April 5, 2016
1
1 Mr. Alexander informed the Commission about his recommendation for Jane Tompkins
2 as Planning and Zoning Director. He then added that Angela Bueno had also been hired to
3 replace former Grants Administrator Jennifer Korth.
g
L CITY ATIORNEY'S REPORT
6
7 Summary of City Attorney's Report: a
8 needed for the installation of LED lighting
9 Orlando Martinez de Castro vs the City of South Mia
12
K. PUBLIC REMARKS
12
13 The public remarks were
14 Commission: Jorge Padial, Lee Jacobs, Beth
ls
17
18
19
20
21 At this
22 Whole (COW) in
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27
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29
30
31
nr~li,p agreement with FPL is
the starting of the trial of
uals addressed the
the
Commission.
go into a Committee of the
egative impact on the traffic on Sunset
Commissioners to deny the request for the
32 Continuation mmission Remarks: proposing the making of a video about the
33 history of South Miami--the City Manager spoke of the cost of the production of the video in
34 the area of $4,000; regarding support for a resolution by County Commissioner Sosa about sea
35 level rise; solar initiative; FPL and the cooling issue and water quality; the sale of city hall.
~,
M. CONSENT AGENDA
CITY COMMISSION MINUTES
April 5 f 2016
2
1. A Resolution authorizing the City Manager to purchase a Trash Truck from lou
Bachrodt Freightliner. 3/5
(City Manager-Public Works)
1
2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
3 Resolution No. 062-16-14617 authorizing the City Manager to purchase a Trash Truck from lou
4 Bachrodt Freightliner, passed by a 5 -0 vote:
5
8
9
2.
10 Resolution No.
11 complete const
12
4.
Yea:
Nay:
A Resolution
complete COnSfrU(:"
{City Manager-Pu
Inc. to
3/5
i the motion to approve
Engineering, Inc. to
nts, passed by a 5 -0 vote:
to budget; authorizing a transfer of $45,000 from City
crrlllnT. to City Clerk's legal Ads account. 3/5
15
16 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
17 Resolution No. 064-16-14619 relating to budget; authorizing a transfer of $45,000 from City
18 Clerk's Digitizing account, to City Clerk's legal Ads account, passed by a 5 -0 vote:
19
Yea:
CITY COMMISSION MINUTES
AprilS, 2016
Mayor Stoddard
Vice Mayor Welsh
3
3
4
5
6
7
Nay:
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
N. RESOLUTION{S)
b) A Resolution consenting the appointment of
Planning and Zoning Department for the
(City Manager)
Director ofthe
Miami, Florida.3/5
8 Moved by Mayor Stoddard, seconded the motion to approve
r of the Planning
h,,·'~"" . 0 vote:
9 Resolution No. 065-16-14620 consenting the
10 and Zoning Department for the City of South
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22
Yea:
Nay:
CITY COMMISSION MINUTES
AprilS, 2016
expert witnesses in opposition to
a matter that is before the
3/5
by Commissioner Harris, the motion to approve
the expenditure of money for the cost of expert
cost recovery and concerning a matter that is before the
by a 5 -0 vote:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
4
1
3. A Resolution authorizing the City Manager to permit Team FootWorks
Educational and Fitness Corporation, a non-profit organization, to hold its 28th
Annual Twilight 5K Run/Walk event, and to waive the cost of parking meters.
3/5 (City Manager-Parks & Recreation)
2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
3 Resolution No. 067-16-14622 authorizing the City Manager to permit Team FootWorks
4 Educational and Fitness Corporation, a non-profit organizati hold its 28th Annual Twilight
5 5K Run/Walk event, and to waive the cost of parking by a 4 -0 vote:
6
9
10
11
12
13 di
Yea:
Nay:
ayor Stoddard, the motion to approve as
14 neCE~SS,lr
Miami, Florida, co-designating S.W.
as "Joseph Theodore "Joe" Calay Drive";
Miami-Dade County and to take all other
of this Resolution, passed by a 5 -0 vote:
15
Nay:
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
6. A Resolution calling for staff to review the Affordable Housing Objectives and
Policies in the City's Comprehensive Plan and to draft ordinances that enact
those and any recommended changes to the Plan or the Code. 3/5
(Mayor Stoddard)
CITY COMMISSION MINUTES
April 5, 2016
5
1
2 Mayor Stoddard explained that the purpose for this resolution is the need to
3 support affordable housing policies in the City, adding that these policies were put in place in
4 1999 and never enacted into Code in the City. He added that he has previously brought several
5 affordable housing ordinances to the Commission which were not supported by the majority
6 and that he does not want staff to spend time on something that will not be received favorably
7 by the Commission.
8
9 The Commission then discussed the
10 some amendments relating to direction to staff.
11
12
13
Moved by Mayor Stoddard, seconded by
amended Resolution No. 069-16-14624 calli
14 Objectives and Policies in the City's rnmrlrph1
15
16
O.
Yea:
finally recommending
motion to approve as
'fn,rrl.,hle Housing
21
22
23
24 request for special
25 expressed concern
. Kamali presented the item. Attorney Jerry Proctor
ressed the Commission. The Commission discussed the
isclussion centered on the issue of parking. Vice Mayor Welsh
parking area and the ingress/egress situation which in his
26 estimation could be da
27
28 At this juncture Mr. Pepe recommended an amendment to the resolution regarding
29 a parking covenant to be executed and recorded, satisfactory to the City Attorney to insure that
30 the parking on the entire parcel is available to all users of the property.
31
CITY COMMISSION MINUTES
April 5, 2016
6
1 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve as
2 amended Resolution No. 070-16-14625 for special use approval to permit a general restaurant
3 at 6144 S. Dixie Highway, passed by a 4 -1 vote:
4
7
8
9
Yea:
Nay:
10 This item was mainly
11 amendment for a parking covenant
12
13
14 amended Resolution
15 parking space
16 vote:
17
P.
9. An
Mayor Stoddard
Commissioner Harris
Commissioner Liebman
Commissioner Edmo
Vice Mayor Welsh
, and the same
the motion to approve as
waiver of off-street
:[&niixip Highway, passed by a 4 -1
ING(S) PUBLIC HEARING(S)
a 20-year water supply facilities work plan and
amending city's comprehensive plan to strengthen coordination between
water supply and local land use planning as required by Florida Law. 4/5
(City Manager-Planning & Zoning)
22
23 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
24 Ordinance No. 05-16-2238 adopting a 20-year water supply facilities work plan and amending
CITY COMMISSION MINUTES
April 5, 2016
7
1 the city's comprehensive plan to strengthen coordination between water supply and local land
2 use planning as required by Florida Law, passed by a 5 -0 vote:
3
Yea:
Nay:
6
7 This ordinance was
8 accordance with Section 2-25 of
9 a written warning.
10
11
12 amended Ordinance .
13 provisions", Article
14 adding a regulation
15
Q.
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edm
None
missioner Liebman
issioner Edmond
I the motion to approve as
nses and miscellaneous
ordinance 22-14-2200 to increase some fees. adding new fees. and deleting
some fees from the schedule. 3/5
(City Manager)
20
21
23
This item was withdrawn from the agenda for further review.
CITY COMMISSION MINUTES
April 5, 2016
B
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R. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
CITY COMMISSION MINUTES
April 5, 2016
Approved
Philip K. Stoddard
Mayor
9
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander
April 5, 2016
Managers Report
Fausto Gomez of Gomez Barker our legislative consultant is here tonight to make
a presentation on the results of the 2016 Legislative Session.
Jane Tompkins is my selection for the critical position of Planning Director. She is
here tonight for your consideration and consent as part of the hiring process. As
evidenced by her impressive resume, she has significant experience in planning
and a law degree. She was Director of Development Services for Coral Gables
which included Building, Planning and Code Enforcement, for several years so
she has not only experience with Florida law but has a very good working
knowledge of the local area.
The flyer regarding the City Hall options is going out this week.
I have been in contact with the attomey for the Robinson properties and it
seems that there is some need for him to clarify the position of Mr. Winston Griffin
who has represented that he has power of attorney for Ms. Carrie Robinson,
property owner. He was not in receipt of the appraisals that we had sent to Mr.
Winston Griffin so I sent them to him for his review and edification. The attomey
is to contact me once he has reviewed the appraisals and gotten clear
direction from his client.
We have hired a replacement for Jennifer Korth whose name is Angelica Bueno.
She has had some excellent experience in the fields of sustain ability and grants
and will be a great addition to our staff. She is currently employed at the City of
Miramar.
Movie in the Park Friday, Apr. 81h 7:00 PM Murray Park
Surf's Up. Free popcorn will be served. Pack a picnic basket and blanket.
Walking Club "South Miami Walks" 1 51 & 3 rd Monday each month 9:30 AM
Gibson-Bethel Community Center Free pedometers included.
23S0 Coral Way, Suite 301
Miami, Florida 33145
(30S) 860-0780 (Telephone)
(30S) 860-0S80 (Facsimile)
(30S) 90S-9801 (Mobile)
200 West College Avenue, Suite 204
Tallahassee, Florida 32301
(8S0) 222-9911 (Telephone)
(8S0) 807-2S39 (Facsimile)
fuomez@gomezbarker.com
Memorandum
To: Hon. Philip K. Stoddard, Mayor
Hon. Robert Welsh, Vice Mayor
Hon. Gabriel Edmond, Commissioner
Hon. Walter Harris, Commissioner
Hon. Josh Liebman, Commissioner
From: Fausto B. Gomez
Date: 4/1/2016
Reo End-of-Session Legislative Report (2016)
Attached is our End-of-Session legislative report detailing this firm's activities on behalf of the
City of South Miami this legislative year. We look forward to presenting it before you on Tuesday, April
5th
.
My team and I take great pride in representing South Miami, a City with which we have enjoyed
a wonderful professional relationship for many years. and want to thank the Mayor, Commission, and
Manager for their support. We will continue to follow all the budget and policy items and their
implementation in order to keep you abreast of any developments.
Please do not hesitate to contact me if you have any questions or desire additional information.
LEGISLATION:
Equally critical to the above was the ability to pass legislation that enhanced South
Miami's governing abilities and to thwart bad policy that would have preempted home rule
authority or imposed additional mandates.
Following is a detailed list of key issues that my team and I lobbied and/or monitored
on your behalf. We were actively engaged both in helping pass legislation that facilitated
local governance as well as assuring that bills that would have negatively impacted South
Miami did not become law.
PASSED
• Page 3
• Department of Agriculture -CS/CS/HB 7007 amends various provisions of law
concerning regulatory authority and programs of the Department of Agriculture.
In particular, the bill preempts the regulation of the use or sale of polystyrene
products (such as food and beverage containers). The preemption does not
apply to local ordinances adopted prior to January 1, 2016. Local g9vernments,
however, are authorized to regulate the sale and use of polystyrene by
individuals or temporary vendors on public property, as well as by entities
engaged in a contractual relationship with a local government for the provision
of goods or services.
We attempted to amend the legislation to eliminate the pre-emption
incorporated into the bill by the House of Representatives and Senator Margolis
filed such an amendment. The City of Orlando was also attempting to amend
the pre-emption and since the Senate President and Senate Rules Chair are
from Orlando, Senator Margolis deferred her amendment to one filed by Sen.
Darrin Soto also from Orlando. The amendment failed on the floor of the
Senate.
• Residential Facilities -Current law is silent as to which zoning requirement
applies when determining the proper distance between a community residential
home licensed for 7 to 14 residents and a home licensed for 6 or fewer
residents. CS/SB1174 now requires a radius of 1,200 feet between a
community residential home licensed for 7 to 14 residents and a home licensed
for 6 or fewer residents.
• Value Adjustment Board -CS/CS/HB 499 makes multiple changes to the
Value Adjustment Boards (VABs) process, including specifying who is
eligible to represent a property owner at a hearing. The bill requires the
VAB to complete all hearings and certify the assessment roll to the property
appraiser by June 1 following the tax year the assessment was made. If the
number of petitions increased by more than 10 percent over the previous
year, that deadline is extended to December 1. The bill reduces the interest
owed from 12 percent to the prime rate on unpaid taxes and excess tax that
are refunded.
• Public-Private Partnerships -CS/SB124 creates a uniform process for public
entities to engage in public-private partnerships. Of particular interest, the bill
now requires that an unsolicited proposal has to be submitted concurrently with
an application fee established by the public entity. I understand that South
Miami has retained Special Counsel for P3 projects and thus this bill is of
particular interest.
relating to maintaining access to public records. These provisions only apply
prospectively.
• Implementation of Amendment 1 -HB989 designates either 25% of $200 million
a year, whichever is lower, of state land acquisition trust fund money for
Everg lades restoration and other South Florida water projects to benefit the
Everglades, Lake Okeechobee, and the St. Lucie and Caloosahatchee estuaries.
I understand that South Miami passed a Resolution in support of these efforts.
• Ad Valorem Constitutional Amendment: Local Option Exemption for Low-Income
Seniors -CS/HJR 275 is a proposed amendment to the Florida Constitution that
clarifies provisions of an existing amendment that was approved by the voters in
2012. That amendment allowed cities and counties to grant an additional
homestead exemption for low-income, long-term residents that are age 65 or
older. The proposed amendment clarifies that the value limitation of
$250,000 of just value of a homesteaded property is required at the time ·of the
initial application. If approved by 60 percent of the voters adopted by a city or
county, the effect is to allow a person who meets the requirements to continue to
receive the exemption if the property's just value rises above $250,000. The
amendment applies retroactively to January 1, 2013.
• Community Contribution Tax Credits -The legislation encourages private sector
participation in community revitalization and housing projects by amending
provisions of the Community Contribution Tax Credit program. Most importantly,
the legislation does not include a provision requiring Community Redevelopment
Agencies (CRAs) in Miami-Dade to spend 5% of their Redevelopment Trust Fund
annually to support "youth centers."
FAILED
• Traffic Infraction Detectors -CS/SB168 and HB4027 would have removed the
authorization for local governments to employ Traffic Infraction Detectors, most
commonly referred to as "Red Light Cameras." Neither this bill nor its Senate
companion passed.
• Election Dates for Municipal Office -HB7059 would have preempted to the
state the authority to establish the dates of elections of municipal officers.
Among other things, the bill provided that the terms of incumbent elected
municipal officers affected by the change in election dates would have been
extended to the next municipal election. HB 7059 passed the House but died in
the Senate awaiting action
• Firefighters -CS/SB456 would have established a cancer disability
presumption for firefighters. The bill grandfathered approximately 40,000
current local govemment firefighters from having to pass a physical
examination. The bills would have resulted in significant increases in expenses
for local governments for workers' compensation and disability pension benefits.
These bills will likely be filed again for the 2017 Legislative Session.
• Government Accountability -CS/SB 686 and CS/CS/HB 593 would have
created the "Florida Anti-Corruption Act of 2016" amending various provisions
relating to local govemment accountability, transparency and oversight. Among
other things, the bills would have required all elected municipal officers to file a
full and public financial disclosure (Form 6), rather than a financial interest
disclosure (Form 1). Governmental entities, including all municipalities, would
have been.required to create a lobbyist registration and reporting program. The