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City of South Miami
Regular City Commission Minutes
August 2, 2016
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
e. ROLL CALL
The following members of the City c~rBW;hsion were nre.eo.nT
Mayor Welsh, Commissioner Harris, Commi~siQne'F Liebman,
".-·':':"~'-'7:~:
Also in attendance were: City Man~~~fi~~~even~le2'ander,
Pepe, Esq., City Clerk Maria M. CMe. '<',.;". /,,::,,;y"
D. MOMENT OF SILENCE
E.
PLEDGE OF :i~f~'~f~;~~.;;)['}.
Mayor Stoddard, Vice
Edmond.
Thomas F.
F. LOBBYIST(S) <i~!¥PRESSI NG~&TH E
REGISTERED WIT~i;[HE ClTW~~LERK'
IGHT MUST HAVE BEEN
,~:,.j::::::' ::-,<; ""/'/.
d". -. ·~:;x·/;:: ,"2C·-'· ",. >bf;::;.:;
G. PRg"~~OO'IGNS ';\rBitl~;ii' ';"Wj~;h.
~~'~:::a:~~~l~:~~l~i:~:ct" by Mr. Basu
'\*~:~:(j:+.. \~r;:~\}:~
Mr. Bi§qi&ij;pS pr(:f~I~knt of the Rotary Club of South Miami, addressed the
Commission explaining·;tffl:i':lkh.~:,Ts centering his efforts in reviving the lost connection between
the Club and the City, als6~'ji1fbrming that the Club is offering financial assistance to the citizens
of South Miami for the cost of swimming lessons, etc.
H. APPROVAL OF MINUTES
a) Minutes of July 19, 2016
CITY COMMISSION MINUTES
August 2, 2016
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The Minutes of July 19, 2016 were unanimously approved as presented.
CITY MANAGER'S REPORT
(See attached)
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,t:Je,made when the item is called
and the speaker is under oath.] ,«,;r
.I::\~:~~·/?:;:::· ~\\.:,
Summary of City Attorney's Report: aboU~hi~ r~~~~rch on Miami Beach minimum
wage ordinance, as requested by the commiSsi9d;(p~ the Cor~F~~bles styrofoam ordinance;
motion for rehearing on the Martinez de Castrp:)~~~~ for Septembe(l~h,
K. PUBLIC REMARKS
At the opening of RiigJic' .. remarks\~~l:it~ii~~ing indiVid:~'~ addressed the
Commission: Daisy Baez, Ross HancB~'~;:~f~hi3el Miller:;:'~~\fY Kelly, Dick Ward, Beth Schwartz,
~'"<::-<:":" . "'. ,>.":>, .'.",<~.::. . "':. "::-:"\::-;':'"
Denise Covington, Marice Chael, Antoih~tteFls9h~r~.\ij~;;~,.,
{\~.~:::::.:;::::~ ..
COMMISSION RE~BRTSj'DISCUSSI6N;& REM~RkS;;.~~i'
• ·.:·.s:,~·:::·:·:·,:, .. -:':::;:;::::::::\}> "'. "-'-;, ':;: ). "::::: ::>t~> . ·:.:\}:n::: !:";. :.:;)\:: :.,: .... \
L.
CommissidB;gemarks:~bngratulatiHgthe City Attorney on his recent certification;
the need to help the buslne§s di§tri~t;Jhanking~:fXtIJ. Kelly for successfully organizing the Police
recogn itiqn:~v~p~{\.",';\· (,ii@\h't i.;.\.
:t:":.; .~i ... :: ····~:\::::~·L
M.
" ':;:>i~~;~;;'~.;~:: :\(c'
',\:.~: .:" t:,
. . >~~%~:::\:: '." ::. : 7~'
':t·\~ 1.';,;~ Resolution\'~'ythorizTh'g\a temporary change in the permitted hours of
";@9i1~;~ruction o~~.r?tions of Florida Power & Light (FPL) to perform work on SW
62'hX¥z8ue, bet~~~n SW 70th Street and South Dixie Highway. 3/5
(CitYlVl~n!:lg~~iBtiblic Works)
\./~~>::' :\\ t· .::~\::.
Moved by Vice M~~gVWelsh, seconded by Commissioner Harris, the motion to approve
Resolution No. 142-16-14697 authorizing a temporary change in the permitted hours of
construction operations of Florida Power & Light (FPL) to perform work on SW 62 Avenue,
between SW 70th Street and South Dixie Highway, passed by a 5 -a vote:
Yea:
CITY COMMISSION MINUTES
August 2, 2016
Mayor Stoddard
Vice Mayor Welsh
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3
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6
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8
11
12
13
14
15
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Nay:
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
2. A Resolution authorizing the City Manager to execute Amendment Two to the
fiscal year 2015 grant agreement with Miami-Dade County for the South
.:.:N::.:"·
Miami After School Program. /,2'/11 3/5
J,:', ~·~t ):/;:::"
(City Manager-Grants) <"~it",
Moved by Vice Mayor Welsh, seconded by S?t+\~i~Si6R'~r),M~rris, the motion to approve
Resolution No. 143-16-14698 authorizing the Cit~i;~~n~ger to eieq,9~~Amendment Two to the
fiscal year 2015 grant agreement with Miami-::p~a~County for the S6Uth .• Miami After School
'; .... / .... ,/ ...
Program, passed by a 5 -0 vote:;,>/.::,;
/~k:~r::tr:, .>; ••.•. ; ';','::','
·t;,;;:t .• , ,.", ,. ";;[;;1.,
!;ii~:~~~~~~~;:;'t
\@omliHSsioner Harris',
Yea:
'~~~~':::;:~~I:~~t~!:~=!;;~i;~;i>'
./.::.>: ... -:>," ... , ... ~" ;·;:::o:~~r·· ::;.: . .:;\?' ,'" ~~\Ii;:'r' Non~;rr;' .............. it"
--." ---->:·:/;2~. ".:",;+ .... ;>:::.: .. ;./ ',,'" ., .......... .
··;)~(~r:~.. >-'c::t~::~··p:· ):.~;;::.:../. ',-. ;,::}f~r;~wi:~j;·
3. A Re;olq~!Rrl authqrizing the ci~~~,f0anager to ~xecute Amendment Two to the
.;/i~cal yeirr·'?R1~/t:g~~.gtT;~&reem~?;~ith Miami-Dade County for the South
'. >;~~':'~~:~~h~;~~~~;:bgr~WJtT .~itt. 3/5
'· .. :-;;}i7~: .-/," -.:¥: :~::'" /:<,~;~::"
-. --. -:":';'~}::::'"
-:.-<~.::" ..... ~.: ~'~.:. '(\\;.: )i~ ,'. "'0 \0:://_:) ~
MbV.~9.by Vice Maybtyyelsh,s~;q?nded by Commissioner Harris, the motion to approve
Resolution N~i1~4-16-14699~,gthorizi~;g(the City Manager to execute Amendment Two to the
fiscal year 2015gr~?tagreemehF~Y"ith Miami-Dade County for the South Miami Senior Meals
Program, passed by~~)? -0 vot~l;'
Nay:
N. RESOLUTION(S)
CITY COMMISSION MINUTES
August 2, 2016
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
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O.
a) A Resolution instructing the City Attorney to investigate the constitutionality of
the Florida's Voter ID law, the existence of any challenges to the law and to
investigate the availability of local constitutional lawyers interested in
challenging the law. 3/5
(Vice Mayor Welsh)
(This item remained as unfinished business)
RESOLUTION(S) PUBLIC HEARING(S)
4. A Resolution of the Mayor and.eit2;~C;mmissi;ri;·'6'Lthe City of South Miami,
Florida, placing a question on'itf1'~ ballot for Tui~day, November 8, 2016,
Presidential Election, to cotr~Gt language made obs61ete by state law or
previous charter changes, and:;t6si,clarify existing Cha(f§t!Hanguage without
change in function Gr.intent by am~;tidingAf,~;iIY, Sec. 8.A, Arf;:illiily;Sec. 3, Art. III,
Sec. 5.E, Art. IV, se2112;fS1"trt. IV, Sec.~.C;;fAh. V, Sec. 1.B.4-5,JXh. V, Sec. 5.B.,
Art. V, Sec. 6., includln~'aA'~~f;~tive dat~"fFr the amendment, and directing
the City Clerk to incorPbtatetlie;!amendm~h't~jnto the Charter and to file the
revised charter with the> Flodd~~"Jbepartm~ht;;of State; providing ballot
languag~;~h't('arrecting th~;!City Clerkt6take.all r;gCessary actions to carry out
the prdVrsions of\this resolution" ;J;r ";'::/1;k 3/5
( M a vd"rSto d d a rd ); ..• ;;~;;p; .
;.xm~~;:;%,~tD,l)1iSSi~h'~iS,~Y~~~dt~~~S~po~~~pmendment to the Charter. In conclusion,
the cop~M!sLs ;a~·t~{;~nl~te~li}.9f Articl~V,.~~~tY6n 6, "Initiative and Referendum" since it
contai;~~a~ great dealdfAew la~guage.:;···
-.;.-.-: . .'::: ..... -. . .. ' ..... -... . ... ,,: .:. ...
MoS~~9Y Vice Mayo?W~lsh, s~~Qhded by Mayor Stoddard, the motion to approve as
amended Res61tifj91l No. 145-:e~~'JA700, piacing a question on the ballot for Tuesday, November
8, 2016, Presidenti~i;~Jection, t93~prrect language made obsolete by state law or previous
charter changes, andtQi9Iflrifyl~~i~ting Charter language without change in function or intent by
amending IV, Sec. 2.B, AH:;I¥,'$ec. 2.C., Art. V, Sec. 1.B.4-5, Art. V, Sec. 5.B., including an
effective date for the ame~'idg;ent, and 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, passed by a 4 -1 vote:
Yea:
CITY COMMISSION MINUTES
August 2, 2016
Mayor Stoddard
Vice Mayor Welsh
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H
13
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Nay:
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
5. A Resolution of the City of South Miami, Florida, placing a question on the
ballot for Tuesday, November 8, 2016, Presidential Election, to amend the City
Charter, Article II, SECTION 6, subsection D V ng Procedure, to reduce the
number of votes necessary to make land us ' ...... '. opment regulations less
restrictive for the Madison Square afford "~sing project. 3/5
(Vice Mayor Welsh)
(This item remained as unfinished qM~fQ'ss)
(:~if0;~i;!Y
6. A Resolution of the City of S8~thMiami, Florida, plac .
question on the Tuesday, Nov~it?, r 8, 20t",President '. .. .... on ballot, to
determine whether,tbe voters sup' .;rt,t;',Cfflding of a ne '. Hall, Police
Station and LibratV!{rl~.If;Jg the val~E!~~;;;fthe existing Library and/or City
Hall/Police Station p'fq~~ftVJ~9nd how sa~R1J,g; funds from -such a transaction
(Th:::;~~~~;:::;:~~J!;~~ 3/5
P. ORDINANCE(S) SECQND ';"Q'''~i~J?) PUB'~I~i~EARING(S)
'. ~ ;:;~ L:"/&.it'G . .;.;;,,.. '", ':t:{'t;;;~:,·~1';W·(f*;;~~I;;?f%;.> '01[:;';,. w~f;pi/(" An OH:Hn.anceamending Cllapferul,Section 1-8 of the City of South Miami's
+>, Code oi'cr~~inanc~~;i:fegarding geReral penalties for offenses. 3/5 ·\)t;i;;~> (City Attorri!i1~t;i+.·(_;it
;;;.j{{".":.:' "':~~{:W~:" '":::?' ~~:.:
:'(;~;#V4~f};%.: ·\~[;~it.~(:. /~{
Moved bVlxtJ;~e Mayor ~~J~h, seconded by Commissioner Harris, the motion to approve
Ordinance No. 17~ff$:~~?50 amEiffalng Chapter 1, Section 1-8 of the City of South Miami's Code
of Ordinances regard'rR~_i~!if'l~~ienalties for offenses, passed by a 5 -0 vote:
Yea:
{iJiW:?"
Nay:
CITY COMMISSION MINUTES
August 2, 2016
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
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8. An Ordinance' amending Chapter 5, Article I, Section 5-1 of the City of South
Miami's Code of Ordinances protecting feral parrots, their nesting trees and
their eggs and establishing criminal penalties and enforcement procedures.
3/5 (Commissioner Harris)
The public hearing was opened and the following individual(s) addressed the
Commission: Beth Schwartz
This item was amended to direct the City Clerk,~1p'W~hd copy of this ordinance to the
Miami-Dade Board of County Commission, and to all m~rilqipqlities in Miami-Dade County.
Moved by Commissioner Harris, seconded.~YWi~~ Mayofi~Wglsh, the motion to approve
as amended Ordinance No. 18-16-2251 amengir"~'Ch~Pter 5, Artici~ii;'~~ction 5-1 of the City of
South Miami's Code of Ordinances protecting"~t~1 parrots,their nestit1gtrees and their eggs
and establishing criminal penalties and enforc~m~Plproced4~~s, passelB~'q,.5 -0 vote:
;;;/}(/\. .{: .. ; \L\:: ':'; /;.;":;~ ..
Yea: ~~~~~!~~~f~~;'~~ "
Corrlltlissioner'tdmbnd {.:-c/ .• >.;;:.. .... ,.' ..
?;:::.:.~::,:/' ;'-:. :':';:::<::'<>:<
4~~\F:
9. An Ordih~hte esta'Hiishing a mdt~torium on the subdivision of parcels of land
.\Si;'pehding th~~d<5pHoh;&ft~9al11ena~~nt to the City's Land Development Code,
';i' .. ·SeetioI1Z0-4.:i;i g6verning sUbdi\:iisio'hof land and buildable sites. 3/5 iti.l". dX:"ii'" (Approved on 1st Reading 7-12-16)
(Commis§i5ner H~~ris) \:)::;;;!~f:~g> :: .. :,: '>,. ~/ / :/'::)}:;?:':
Moved'tj\f;¥ice Mayor ~~ISh, sec6~ded by Commissioner Harris, the motion to approve
Ordinance No. 19~i6"2.252 estab!J$hing a moratorium on the subdivision of parcels of land
pending the adoPti~n(gf;fn atJ1~~ament to the City's Land Development Code, Section 20-4.2,
governing subdivision ofISlnq,.gnd buildable sites, passed by a 4 -1 vote:
Yea:
Nay:
CITY COMMISSION MINUTES
August 2, 2016
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
Commissioner Liebman
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Q. ORDINANCE(S) FIFTH READING(S)
10. 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 Harris and Edmond)
At its 5th reading, this ordinance still un~€fW~nt further amendments per
recommendations by the attorneys and the Planning [)It¢ctOf';,.
Moved by Vice Mayor Welsh, seconded bX~~9~~ission~f~~~riS, the motion to approve
as amended Ordinance No. 11-16-2244 amenc:li6gj'S~ction 20-4.2 o{tti'¢*pty of South Miami's
Land Development Code to add criteria for th~G~ty's approval of the ~d~giyision of land,
including subdivision by a waiver of plat or thr~Gghthe proc~ss set forthffl\Cp(lpter 28 of the
Miami-Dade County Code, passed by(l 4 -1 vote:; ~'(c;;jiH
R.
Yea: '<~f:'?~~~~£h~¥'
cdfl)W.i ssiOri~f'1~ •. ~[;[i;
Comrriissionet'Edh'lond
Com nif$~jQh~fLieb~~A·
::;.:~~F "~~(;\6~8inancei~~~nding~~~;{L:~hd5~velopment Code, Article VI, Section 20-
/i~c, 6.1, and(6t~~r appli~a~.le provisions, to define the term "less restrictive" as it
</\ applies to the~?ting re9~irements of the City Commission. 3/5
< ,'!Vice Mayor W~lsh)
;',' .. ~.". :-:;. . ",. .
Mr.:?~~I~(i~ddresse~i;ihe Commission explaining that definition
regulations" is also d~fiJ:):Et.9 i9;th~lDC.
of "development
.: ... ~:::::.,: ',: .:'::":", : .:" ":--
Mr. Held the~pibvided new language for subsection (3) (e) which was unanimously
adopted by the Commission.
24 This ordinance will be sent to the Planning Board for its review and
25 recommendation before going back to the City Commission for its enactment.
S. ADJOURNMENT
CITY COMMISSION MINUTES
August 2, 2016
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Attest
Maria M. Menendez
CityClerk
CITY COMMISSION MINUTES
August 2, 2016
8
Approved
Philip K. Stoddard
Mayor
THE CITY OF PI.EASANT 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
August 2, 2016
Managers Report
The Police Appreciation Day at the Community Center went well with members of the
community coming out to give thanks to their Police. Members of the CRA community cooked
up hot dogs and hamburgers. Vice Mayor Welsh made some epic "slaw and order" cole slaw
and children had made cards thanking Officers for protecting their community. They also made
up Certificates of Appreciation for all members of the Department. Officer Portillo and Sgt.
Bartra took on some fearsome 10-12 year olds in a game of pickup basketball. Mayor Stoddard,
Vice Mayor Welsh and Commissioner Harris were on hand and our other two Commissioners
were out of town and therefore unable to attend. County Commissioner Suarez and his staff
also attended and thanked all of the Officers. It was rewarding to see the people we serve to
take a moment to say "Thank you."
At my request a meeting was conducted between our Police Administrative section/training
unit and Operations section to discuss developing a monthly training program to address issues
currently concerning police officers. I have summarized part of the schedule below. The
training will be mixed between online training utilizing policeone.com and roll call training using
practical exercises with Training Officer AI Alvarez. I have also included a brief description of
what each training will cover. On July 22nd all sworn personnel completed Autism awareness
training utilizing our online training program.
De-Escalation and Minimizing Use of Force
Officer Down Rescue
Officer Survival
The Florida Department of Transportation (FDOT) is scheduled to begin a landscaping project
the week of August 1, 2016, along SR 5/US l/Dixie Highway from SW 57 Avenue to SW 80
Street, in Miami-Dade County. Work to be performed includes Installing shrubs, large shade
trees, some palms and irrigation within the median. The project schedule is starting in August
2016 and continuing to February 2017. The estimated construction cost is
$484,662. This project is due specifically to the efforts of Deputy City Manager Kamali and is
clearly a benefit to the City.
THE CITY OF PI.EASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
The City Commission requested a financial evaluation of the tennis program over the first six (6)
months of operation. As of Wednesday, July 6, 2016, total expenses and revenues amount to
$124,236 and $158,523, respectively. For fiscal year 2016, City staff estimates total revenue to
be $239,625 and total expenses to be $203,789, with an estimated net revenue of $35,836.
The City's estimated increase net profit amount of $35,836, is $7,422 above the actual revenue
received in fiscal year 2014-15, does not take into account the $15,179 in maintenance expense
that has been conducted in the first six-months of the year, which appeared to never have been
carried out in the previous years by the former contractor.
THE CITY OF PI.EASANT LIVING
August 2016
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
'"De-Escalation and Minimizing Use of Force
2 HOURS
Persons with mental illnesses, drug or alcohol addictions, or
disorders such as autism can present police officers with difficult
challenges. In some cases, a person may brandish a weapon or
otherwise appear to pose a threat to the public, to the police, or to
himself or herself. The threat may be a real one, or the situation
may be less dangerous that it appears, and often it is difficult
to assess the level of danger. These situations become more
complicated when, because of their conditions, persons cannot
communicate effectively with police officers. This course provides
the necessary training in addressing the nature of the challenges
and providing promising solutions.
'"Officer Down Rescue-This training will use practical exercises to develop officer skills in high risk rescues
Officer Survival
Lessons learned from other agencies often serve as powerful
examples in officer survival training. Debriefs of numerous high risk
calls featured here foster discussion in areas of leadership
during combat situations and making critical decisions while under
intense pressure. Also discussed is preparation for these types of
incidents.
"Officer Survival 3
1 HOUR
Videos in this course include:
• Surviving an Ambush
• Preparing for a Non-Compliance
• Subduing a Dangerous Armed Subject
• Winning a Confrontation After You're Hurt
• Reality Training: Why Searching and Frisking a Subject is Crucial
• Reality Training: Enduring an Ambush During an Arrest
*Arriving on in progress calls-reinforcing tactical and awareness skills when arriving on in progress calls.
"Officer Survival 4
• Reality Training: Surviving a confrontation after you are shot
• Reality Training: Why Mental Rehearsal Is Crucial to Officer
Survival
* Handling armed drivers-how to manage a traffic stop with an armed occupant with emphasis on officer survival and
Constitutional considerations.
-
"Officer Survival 5
1 HOUR
Videos in this course include:
• Deadly Hesitation: The Fear of Applying Justifiable Use of Force
• Reality Training: How Cops Can Stay Safe During a Domestic Call
• Reality Training: How to Handle a suspicious activity call
• Reality Training: How to Maintain your Situational Awareness
and Avoid an Ambush
• Reality Training: Responding to an incident in plainclothes
• Reality Training: Using ECD on a suspect with a deadly weapon
*Perimeters-establishing perimeters and dealing with fluid situations which could increase the perimeter size.