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_Ha1 2 3 ~ 10 11 City of South Miami Regular City Commission Minutes December 20, 2016 A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) e. ROLL CALL The following members of the City Commission were present: Mayor Stoddard, Vice 12 Mayor Welsh, Commissioner Harris, Commissioner Liebman, Commissioner Edmond. 13 14 Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 15 Pepe, Esq., City Clerk Maria M. Menendez, CMe. t~ 28 29 ~2 34 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 December 6, 2016 The Minutes of December 6, 2016 were unanimously approved as presented. 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.] C=TY CO~K=SSIOK ~IK~TSS uece~~er 20, 28,6 1 Summary of City Attorney's Report: working on the noise ordinance; research on 2 the First Amendment; regarding the Orlando Martinez de Castro appeal; working on the 3 development of contracts for Parks and Public Works departments; Declaration of 4 Condominium for Marshall Williamson; Carlos Rodriguez case; preparing for the Southeastern 5 case; in the Clean Power Plan working with other cities ... ; in the less restrictive ordinance case; 6 continue working on the tree ordinance. S K. PUBLIC REMARKS 9 10 At the opening of public remarks the following individuals addressed the 11 Commission: Levy Kelly, Arleen Ferris, Randy Thompson, Sharon McCain, Antoinette Fischer, 12 Amy Donner, Beth Schwartz, Bishop Larry Jones. U L. COMMISSION REPORTS, DISCUSSION & REMARKS 15 16 Summary of Commission Remarks: about modifying the zoning for TODD around 17 Progress Road and Commerce Lane; positive comment regarding the tree lighting ceremony; 18 about the proposed boat ordinance; about the passing of Pastor Rodney James. ~8 23 M. CONSENT AGENDA 1. A Resolution authorizing the City Manager to install light-emitting diode (LED) light fixtures at Marshall Williamson Park from Miami Electric Masters, LLC. 3/5 (City Manager-Parks & Recreation) 24 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 25 Resolution No. 235-16-14790 authorizing the City Manager to install light-emitting diode (LED) 26 light fixtures at Marshall Williamson Park from Miami Electric Masters, LLC, passed by a 5 -0 27 vote: 28 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 2. A Resolution authorizing the City Manager to permit A. Palmer Roofing, Inc. to repair dugout roofs located at Murray Park and Palmer Park. 3/5 (City Manager-Parks & Recreation) c=~y COM~2SS~O~ M~X~T=-S Jece~he~ 28, 2C=-6 2 1 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 3 Resolution No. 236-16-14791 authorizing the City Manager to permit A. Palmer Roofing, Inc. to 4 repair dugout roofs located at Murray Park and Palmer Park, passed by a 5 -0 vote: 5 8 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 3. A Resolution authorizing the City Manager to purchase decorative garbage and recycling containers from Quick Crete Products Corp. (QCP) in the amount of $23,044 for the City and the Downtown area. 3/5 (City Manager-Public Works) 9 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 10 Resolution No. 237-16-14792 authorizing the City Manager to purchase decorative garbage and 11 recycling containers from Quick Crete Products Corp. (QCP) in the amount of $23,044 for the 12 City and the Downtown area, passed by a 5 -0 vote: 13 4. 16 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None A Resolution authorizing the response rifles for the Special Unlimited. City Manager to purchase active shooter Weapons & Tactics Team (SWAT) from Arms 3/5 (City Manager-Police) 17 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 18 Resolution No. 238-16-14793 authorizing the City Manager to purchase active shooter response 19 rifles for the Special Weapons & Tactics Team (SWAT) from Arms Unlimited, passed by a 5 -0 20 vote: 21 Yea: c=~y CO~M=SS~OX Y=K~~~S ~ecemDe~ 28, 2Q~6 Mayor Stoddard 3 6. 3 Nay: Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None A Resolution authorizing the City Manager to interceptor sedan from Hub City Ford. (City Manager-Police) purchase one (1) new police 3/5 4 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 5 Resolution No. 239-16-14794 authorizing the City Manager to purchase one (1) new police 6 interceptor sedan from Hub City Ford, passed by a 5 -0 vote: 7 10 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 7. A Resolution authorizing the City Manager to purchase seven (7) Ford Utility Interceptor Police Vehicles by piggybacking on the agreement between Duval Ford and the Florida Sheriffs Association. 3/5 (City Manager-Police) 11 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 12 Resolution No. 140-16-14795 authorizing the City Manager to purchase seven (7) Ford Utility 13 Interceptor Police Vehicles by piggybacking on the agreement between Duval Ford and the 14 Florida Sheriffs Association, passed by a 5 -0 vote: 15 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 8. A Resolution approving Das Renn Treffen to hold its 3rd Annual Porsche Car Show on Sunday, February 26,2017 on 72nd street (Sunset Drive) from South c-~~ COM~=SSlCK M=\~~~S :)ecer.her 28, 28~ 6 1 Dixie Highway to 57th avenue (Red Road). (City Manager-Parks & Recreation) 3/5 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 3 Resolution No. 241-16-14796 approving Das Renn Treffen to hold its 3rd Annual Porsche Car 4 Show on Sunday, February 26,2017 on 72nd street (Sunset Drive) from South Dixie Highway to 5 57th avenue (Red Road), passed by a 5 -0 vote: 6 11 Yea: Nay: N. RESOLUTION(S) Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 5. A Resolution authorizing the City Manager to purchase and install emergency equipment for new police vehicles from Dana Safety Supply. 3/5 (City Manager-Police) 12 This item was pulled from the Consent for comments and Chief Landa provided 13 further clarification. 14 15 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 16 Resolution No. 242-16-14797 authorizing the City Manager to purchase and install emergency 17 equipment for new police vehicles from Dana Safety Supply, passed by a 5 -0 vote: 18 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 9. A Resolution authorizing the City Manager to permit the South Miami Black Cultural Affairs Foundation to hold its South Miami Unity Parade and MLK Remix Black History Festival and to waive all special event fees and insurance requirements. 3/5 (City Manager-Parks & Recreation) c=~-y COMM~SSIOX ~I\~1·~S Jece~be~ 20, 70~6 1 2 This item was also taken out of Consent for comments. 3 4 Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve 5 Resolution No. 243-16-14798 authorizing the City Manager to permit the South Miami Black 6 Cultural Affairs Foundation to hold its South Miami Unity Parade and MLK Remix Black History 7 Festival and to waive all special event fees and insurance requirements, passed by a 5 -0 vote: 8 11 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None 10. A Resolution authorizing the City Manager to permit VolksBlast, Inc. to hold its Annual Car Show event on Sunday, February 12, 2017, on 72nd street (Sunset Drive) from South Dixie Highway to 57th avenue (Red Road) and to waive City fees and services. 3/5 (City Manager-Parks & Recreation) 12 This item was pulled from Consent for comments. The City Manager addressed the 13 concerns expressed during public remarks about the fact that the Rotary would not have its 14 traditional event this year, explaining that it would have been the responsibility of the Rotary 15 organizers to reserve the date in a timely manner. 16 17 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 18 Resolution No. 244-16-14799 authorizing the City Manager to permit VolksBlast, Inc. to hold its 19 Annual Car Show event on Sunday, February 12,2017, on 72nd street (Sunset Drive) from South 20 Dixie Highway to 57th avenue (Red Road) and to waive City fees and services, passed by a 4 -1 21 vote: 22 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Edmond Commissioner Liebman 11. A Resolution approving the annual South Miami Community Redevelopment Agency budget for Fiscal Year beginning October 1, 2016 and ending C~T~ co~x:ss:o~ x=\~·~-~s ~cce~~e~ 28, 28:6 6 1 September 30,2017; approving the appropriations and anticipated expenditure of the funds and authorizing the Agency to transmit the budget to Miami-Dade County for final approval. (Deferred 11.0lll.lS, 12.06) 3/5 (SMCRA) 2 The Mayor addressed this item regarding the concern expressed by many about the 3 closing of the SMCRA. He spoke in favor of the proposal of reducing expenditures which would 4 allow for the agency to be extended and for the possibility of building Madison Square. The City 5 Manager added that the SMCRA proposed budget if amended, would eliminate the expense of 6 the SMCRA director, two administrative secretaries and utilize the existing City resources to 7 continue to operate the Agency. 8 9 The Mayor moved to amend the budget with the proposed changes to take effect 10 on March 1st, 2017. Seconded by Vice Mayor Welsh, the motion to amend passed unanimously. 11 12 To Commissioner Edmond's question regarding the legality of the City Manager's 13 holding two positions by adding that of director of the SMCRA, the City Attorney said that he 14 needs to research it in order to determine whether or not the duties of the City Manager would 15 include the duties of the SMCRA director, so he said that he needs to look at the Interlocal 16 Agreement to make a determination. Commissioner Edmond warned about the expense of a 17 possible legal issue with holding dual office. At the conclusion of the discussion, SMCRA 18 Member Donald Jackson was allowed to address the Commission. 19 20 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve as 21 amended Resolution No. 245-16-14800 approving the annual South Miami Community 22 Redevelopment Agency budget for Fiscal Year beginning October 1, 2016 and ending 23 September 30,2017; approving the appropriations and anticipated expenditure ofthe funds 24 and authorizing the Agency to transmit the budget to Miami-Dade County for final approval, 25 passed by a 3 -2 vote: 26 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Liebman Commissioner Harris Commissioner Edmond 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, Co-designating the portion of S.W. 64th Street as "Pastor Rodney B. James Street" 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 c=-~~ cOXX:SS:OK x=~c~~s 'jece~hc, 78, 20:6 7 Resolution. 3/5 (Commission Liebman) 1 2 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve as 3 amended Resolution No. 246-16-14801 Co-designating the portion of S.W. 64th Street between 4 S.W. 62nd Avenue and S.W. 59th Place as "Pastor Rodney B. James Street" directing the City 5 Clerk to submit this Resolution to Miami-Dade County and to take all other necessary actions to 6 carry out the purpose of this Resolution, passed by a 5 -0 vote: 7 14 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None O. RESOLUTION(S) PUBLIC HEARING(S) (NONE) P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) 13. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Section 2-2.1 (J) and (0) to provide additional administrative procedure for public comments and quasi-judicial proceedings. (Deferred 12.06.16) 3/5 (Commission Liebman) 15 The public hearing was opened and the following speakers addressed the 16 Commission: Sharon McCain, Antoinette Fischer. 17 18 The Commission discussed the proposed ordinance and further amendments were 19 made, such as, deleting subsection (8) on line 20 of page 2; deleting lines 35-45 of page 2 under 20 subsection (10), and adding " ... the presiding officer will adjust time per speaker not to exceed 21 the allotted time of 60 minutes for public comments"; and, under subsection (13), to make 22 changes to any of these requirements were reduced from four (4) to three (3) affirmative votes. 23 24 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 25 as amended Ordinance No. 36-16-2269 amending the City of South Miami Code of Ordinances, 26 Chapter 2, Section 2-2.1 (J) and (0) to provide additional administrative procedure for public 27 comments and quasi-judicial proceedings, passed by a 3 -2 vote: 28 Yea: C=lY CO~M~SS~O~ ~~K0~~S Jecerr~e~ 20, 2C~6 Mayor Stoddard 8 3 Nay: Vice Mayor Welsh Commissioner Liebman Commissioner Harris Commissioner Edmond 14. An Ordinance amending the site plan and ordinances adopting and amending same for the Valencia Building located at 6001 SW 70th Street which site plan was adopted by Ordinance 24-01-1755 and amended by Ordinance 06-10- 2031; the amendment permits, by right, office, business and professional uses in the first floor commercial spaces. 3/5 (City Manager) 4 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 5 Ordinance No. 37-16-2270 amending the site plan and ordinances adopting and amending 6 same for the Valencia Building located at 6001 SW 70th Street which site plan was adopted by 7 Ordinance 24-01-1755 and amended by Ordinance 06-10-2031; the amendment permits, by 8 right, office, business and professional uses in the first floor commercial spaces, passed by a 5 - 9 0 vote: 10 Yea: Nay: Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None Q. ORDINANCE(S) FIRST READING(S) 15. An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining Agreement between the City of South Miami and Dade County Police Benevolent Association Lieutenants and Captains by amending Chapter 16, Article II, Section 16-12, "Definitions" by amending the definitions of Annual Compensation and final average compensation, as it applies to the Police Lieutenants and Police Captains and by Adding A Definition for Police Officer; by amending Sec. 16-19, "Contributions" to place a limit on the total contributions made in any fiscal year by Police Lieutenants and Police Captains; and amending Chapter 16, Article II Section 16-23 (a)(2) to clarify how certain payments are to be treated under Section 415(b) of the Internal Revenue Code and amending Chapter 16, Article II, by creating Section 16-27, "Preservation of Benefits Plan". 3/5 9 ~ece~~e~ 28, 28~6 (City Manager-Finance) 1 2 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve 3 An Ordinance amending the South Miami Pension Plan to implement the Collective Bargaining 4 Agreement between the City of South Miami and Dade County Police Benevolent Association 5 Lieutenants and Captains by amending Chapter 16, Article II, Section 16-12, "Definitions" by 6 amending the definitions of Annual Compensation and final average compensation, as it applies 7 to the Police Lieutenants and Police Captains and by Adding A Definition for Police Officer; by 8 amending Sec. 16-19, "Contributions" to place a limit on the total contributions made in any 9 fiscal year by Police Lieutenants and Police Captains; and amending Chapter 16, Article II 10 Section 16-23 (a)(2) to clarify how certain payments are to be treated under Section 41S(b) of 11 the Internal Revenue Code and amending Chapter 16, Article II, by creating Section 16-27, 12 "Preservation of Benefits Plan", passed by a 5 -0 vote: 13 16 17 18 Yea: Nay: R. ADJOURNMENT Attest Maria M. Menendez City Clerk c=~~ CQX~~SS~ox ~~\~ ~s Jececnec 28, 2C~6 Mayor Stoddard Vice Mayor Welsh Commissioner Harris Commissioner Liebman Commissioner Edmond None -~ _ v Approved Philip K. Stoddard Mayor Till: CITY or PI [ASANT I.IVING To: FROM: DATE: SUBJECT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander January 3, 2017 Managers Report We just received the final report of the last ISO performance evaluation, which was conducted on October 25, 2016 for the Building Department. I am pleased to report that we scored more points in our evaluation than most County, State and National averages, both in the commercial and residential categories for all jurisdictions evaluated. Such results place us in Category 2 for commercial and Category 3 for residential (1 being the most favorable category) in ISO national rankings. This is a clear tribute to Mr. Citerellas leadership and the individual and collective professional actions of his staff. My congratulations and appreciation for their professionalism, dedication, and service to our community. I want to thank all members of the Police Department that met with our CFA assessors this week. They were very impressed with our agency and had nothing but complimentary things to say after meeting with them. Some of the interviewing team said they saw parts of our operation that they would like to implement in their own Police agencies. The CFA accreditation assessors informed the Chief that they will recommend to the CFA Commission that we be officially reaccredited in February. As a reaccredited agency, we will remain recognized as hitting high benchmarks of professionalism in law enforcement and that is something in which the Commission and the entire community can all take pride. With respect to the City Hall transformation project, the City Attorney and his outside consultants and I have been working to determine the best, most efficient TilL CITY or PI[!\SA~T LlVINC CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM method of encouraging more proposals for the project. Although we have received proposals from 5 entities to date, we are interested in advertising the opportunity nationally to ensure we have the best proposals. Recently the City of Miami placed their City Hall Administration Building up for sale or some form of transaction including a long-term lease. In order to provide the opportunity for the most creative, and inclusive of concepts the City issued two different types of solicitations. One was a simple sale or lease opportunity, with certain factors required to be considered, such as time required for the administration to be moved from the site, and the other was essentially a P3 proposal to allow for a more creative structured approach. We are planning on following a very similar approach in the next week or so.