_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, October 18, 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
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H. APPROVAL OF MINUTES
a) Minutes of September 21, 2016
b) Minutes of October 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
M. GENERAL ORDER
N/A
N. CONSENT AGENDA
1. A Resolution acknowledging Mayor Stoddard’s appointment of Sid Kaskey, to
serve on the Budget and Finance Committee for a term ending September 30,
2017. 3/5
(Mayor Stoddard)
O. RESOLUTION(S)
2. A Resolution calling for the approval of an Agreement and appointment of an
Assistant City Attorney to handle matters related to land use, zoning and
development. 3/5
(Mayor Stoddard)
3. A Resolution waiving term limits and recognizing the appointment of Pam Lahiff
by Commissioner Harris as his representative from Group IV to serve on the
Historic Preservation Board for an additional two-year term ending October 4,
2018. (Deferred 10-05-16) 3/5
(Commissioner Harris)
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P. RESOLUTION(S) PUBLIC HEARING(S)
QUASI-JUDICIAL WARNING:
THE FOLLOWING MATTERS ARE CONSIDERED TO BE QUASI-JUDICIAL. PLEASE
REVIEW THE RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF
THIS AGENDA.
4. A Resolution approving a Variance of both the front setback and the side interior
setback for the property located at 7400 SW 64 Court. 4/5
(City Manager-Planning & Zoning Dept.)
5. A Resolution approving a Special Use application to permit an Office:
Business/Professional use at 6001 SW 70 Street, Unit CU-102. 4/5
(City Manager-Planning & Zoning Dept.)
Q. ORDINANCE(S) THIRD READING(S) PUBLIC HEARING(S)
NONE
R. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
NONE
S. ORDINANCE(S) FIRST READING(S)
NONE
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
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
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4
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 COMMUNICATION” IS A WRITTEN OR VERBAL COMMUNICATION, BETWEEN AN ELECTED OR APPOINTED PUBLIC
OFFICIAL AND AN APPLICANT, HIS OR HER REPRESENTATIVES, A CITIZEN OR ANY OTHER PERSON CONCERNING THE SUBJECT
OF A PENDING QUASI-JUDICIAL HEARING BUT WHICH COMMUNICATION TAKES PLACE OUTSIDE OF THE HEARING AND
BEFORE FINAL ACTION ON THE MATTER. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDA
STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES TO REMOVE THE PRESUMPTION OF PREJUDICE
CREATED BY EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR
VERBAL EXCHANGE IS MADE PUBLIC. IT IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT WOULD
OTHERWISE RESULT IF THE COMMUNICATION WERE KEPT PRIVATE AND NOT DISCLOSED. EX PARTE COMMUNICATION
MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE IN
ORDER TO DISPEL THE PRESUMPTION OF PREJUDICE. ALMOST ALL COMMUNICATION THAT OCCURS OUTSIDE OF THE
QUASI-JUDICIAL HEARING IS CONSIDERED TO BE HEARSAY AND IS NOT COMPETENT EVIDENCE. NORMALLY, HEARSAY MAY
NOT FORM THE BASIS FOR MAKING ANY QUASI-JUDICIAL DECISIONS, BUT IT MAY BE USED TO SUPPORT OR EXPLAIN
COMPETENT EVIDENCE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON SUBSTANTIAL
COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO DISPEL
THE PRESUMPTION OF PREJUDICE DUE TO 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, DESPITE THE ENACTMENT OF THESE PROCEDURES, THE
EX PARTE COMMUNICATIONS DID IN FACT CREATED A PRESUMPTION OF PREJUDICE, 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.