_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, August 16, 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
a) Volksblast, Inc. Recognition for Program Donation
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H. APPROVAL OF MINUTES
a) Minutes of August 2, 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
M. GENERAL ORDER
N. RESOLUTION(S)
1. 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)
END OF GENERAL ORDER
O. CONSENT AGENDA
2. A Resolution relating to appropriations for the February 9, 2016 General and
Special Elections for the City of South Miami; approving the expenditure of
$29,846.40 for election costs. 3/5
(City Manager)
3. A Resolution relating to budget; authorizing a transfer of funds from Insurance
Proceeds account to Public Works Maintenance & Repair Outside Services
account. 3/5
(City Manager-Public Works)
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4. A Resolution relating to budget; authorizing a transfer of funds from Public Works
Fuel & Lubricants account to Public Works Maintenance & Repair Outside
Services account. 3/5
(City Manager-Public Works)
5. A Resolution relating to budget; authorizing a transfer of funds from Public Works
Fuel & Lubricants account to Public Works Parts account. 3/5
(City Manager-Public Works)
6. A Resolution relating to budget; authorizing a transfer of funds from Public Works
Fuel & Lubricants account to Public Works Tires account. 3/5
(City Manager-Public Works)
7. A Resolution authorizing the City Manager to negotiate and enter into a contract
with Maggo lc, Inc. for the SW 74 Terrace Roadway & Drainage Improvement
Project. 3/5
(City Manager-Public Works)
8. A Resolution authorizing the City Manager to expend an amount not to exceed
$5,550 to Tropical Landscaping and Lawn Maintenance, Inc. for the supply and
installation of new trees at Dante Fascell Park. 3/5
(City Manager-Parks & Recreation)
9. A Resolution authorizing the City Manager to accept a donation from Volksblast,
Inc., in the amount of $9,000 for fiscal year 2016/2017. 3/5
(City Manager-Parks & Recreation)
10. A Resolution authorizing the City Manager to negotiate and enter into a contract
with The BG Group, LLC for the total demolition of a single family residence
located at 6126 SW 58th Street in South Miami. 3/5
(City Manager-Building)
11. A Resolution of the Mayor and City Commission of the City of South Miami,
Florida in support of lowering energy costs and removing barriers for solar power
and support for amendment 4 on the August thirtieth primary ballot. 3/5
(Mayor Stoddard)
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P. RESOLUTION(S)
12. A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, Co-designating the portion of S.W. 63rd Court, between S.W. 64th Street
and S.W. 78th Street as “Mitchel Chockla Court” directing the City Clerk to submit
this Resolution to Miami-Dade County and to take all other necessary actions to
carry out the purpose of this Resolution. 4/5
(Vice Mayor Welsh)
Q. RESOLUTION(S) PUBLIC HEARING(S)
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.
13. A Resolution approving a special use approval to permit a general restaurant at
6620 SW 57 Avenue. 4/5
(City Manager-Planning & Zoning)
14. A Resolution approving a special use approval to permit a general restaurant at
7400 SW 57 Court. 4/5
(City Manager-Planning & Zoning)
R. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
15. An Ordinance amending the City of South Miami’s Land Development Code,
Article III, “Zoning Regulations,” Section 20-3.3, Permitted use schedule,”
Subsection (E), “Outdoor Seating/Dining for All commercial Properties, except for
Properties in the RO Residential Office Zoning District,” to amend the insurance
requirements, and other applicable rules, applicable to outdoor seating of
restaurants within the City. (Approved on 1st Reading 3/01/16) 3/5
(City Manager-Planning & Zoning)
S. ORDINANCE(S) FIRST READING(S)
16. An Ordinance amending Chapter 2, Article I, Section 2-3 of the City of South
Miami’s Code of Ordnance, to allow for a cost of living increase in salaries of the
City Commission. 3/5
(City Manager)
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17. An Ordinance amending the South Miami Pension Plan to Implement the
Collective Bargaining Agreement Between the City of South Miami and AFSCME
Local 3294 and creating a new Administration Management Service Class (AMSC)
of employees in the South Miami Pension Plan and creating a new Elected
Officers Class (EOC) for the City of South Miami and setting forth the terms of
the Plan as related to the AMSC and EOC; by Amending Chapter 16, Article II,
Section 16-12, “Definitions” by Adding Definitions for Second Tier Member,
AMSC, EOC and amending the definition of final average compensation, as it
applies to the AMSC and EOC; by amending Section 16-13, “Eligibility” to reopen
the Plan for certain General Employees and for the AMSC and EOC; by amending
Section 16-14, “Pension benefits and retirement date” to set out the benefits for
those persons who will join the Second Tier and for those persons in the AMSC
and EOC; by amending Section 16-17 “Termination Benefits” to provide a vesting
schedule for the AMSC and EOC; by amending Sec. 16-19, “Contributions” to
place a limit on the total contributions made in any fiscal year by General
Employees and to set the contribution rate for the AMSC and EOC; by amending
Section 16-21, “Purchase of Credited Service” by allowing certain employees and
elected officers to buy credited service. 3/5
(City Manager-Finance)
18. An Ordinance amending the South Miami Code of Ordinances by Deleting Section
2-4.5, “Voluntary retirement of elective officers”. 3/5
(City Manager-Finance)
19. An Ordinance of the Mayor and City Commission of the City of South Miami
amending the Land Development Code, Article III, “Zoning Regulations,” Section
20-3.5, “Dimensional Requirements,” to amend and clarify the setback
requirements for side street first and second story facades of structures on
corner lots, and for side interior setbacks for additions to structures with a five
foot setback, in the RS-1, RS-2, RS-3, RS-4 and RS-5 zoning districts; and Section
20-3.6, “Supplemental Regulations,” subsection (F)(4), to correct the title of the
director responsible for determining which streets are frontage and side streets.
(Vice Mayor Welsh) 3/5
T. 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
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TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY
THE CITY FOR THE INTRODUCTION O1R 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.
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.