_Ha1
2
3
~
10
City of South Miami
Regular City Commission Minutes
February 21, 2017
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
e. ROLL CALL
11 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.
i~
30
31
~3
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
ill Proclamation: "Rare Disease Day"
H. APPROVAL OF MINUTES
a) Minutes of February 7,2017
The Minutes of February 7,2017 were unanimously approved as presented.
I. CITY MANAGER'S REPORT
(See attached)
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
C~~Y COM~iSS=O~ ~=KC7SS
~eDruary 2~, 2CJ7
and the speaker is under oath.]
1
2 City Attorney's Summary Report: Habitat for Humanity mortgage issue: the
3 Southeastern Investments case; the City Hall RFP and the P3; the McCormick litigation; working
4 with red light camera tickets; the Madison Square project.
~
7
8
K. PUBLIC REMARKS
At the opening of public remarks the following individuals addressed the
9 Commission: Deltravis Williams, Luis Gil, Levy Kelly, Worrell Troup, Dr. Velma Palmer,
10 Antoinette Fischer, Lee Jacobs, Michael Christine, Sally Philips, Brittany Thomas.
H
L. COMMISSION REPORTS, DISCUSSION & REMARKS
13
14 Commission Remarks Summary: the eRA issue; the beautification of US1 with the
15 addition of new trees.
20
M. CONSENT AGENDA
1. A Resolution of the Mayor and City Commission
Association of City Clerks for its 45th anniversary.
(Mayor Stoddard)
commending the Florida
3/5
21 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
22 Resolution No. 023-17-14824 commending the Florida Association of City Clerks for its 45th
23 anniversary, passed by a 5 -0 vote:
24
27
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
2. A Resolution authorizing the City Manager to procure 125 new Victor-I youth
football helmets from Riddell. 3/5
CITY COM~ISS~O~ M:NCTES
Feb,-uary 2:, 28~ 7
(City Manager-Parks & Recreation)
2
1 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
2 Resolution No. 024-17-14825 authorizing the City Manager to procure 125 new Victor-I youth
3 football helmets from Riddell, passed by a 5 -0 vote:
4
7
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
3. A Resolution authorizing the City Manager to purchase from Parker Systems a
sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment
Technologies, Corp., a Canadian federal corporation authorized to transact
business in the state of Florida, five (5) new model, Luke II, Parking Multi-
Space Pay Stations. 3/5
(City Manager-Finance)
8 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
9 Resolution No. 025-17-14826 authorizing the City Manager to purchase from Parker Systems a
10 sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., a
11 Canadian federal corporation authorized to transact business in the state of Florida, five (5)
12 new model, Luke II, Parking Multi-Space Pay Stations, passed by a 5 -0 vote:
13
16
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
4. A Resolution authorizing the City Manager to negotiate and enter into a
contract with SFM Services, Inc. on a monthly basis for park landscaping
services. 3/5
(City Manager-Parks & Recreation)
17 This item was pulled from Consent for comments. Mr. Pough provided further
18 clarification.
19
CITY COMM~SSION M~NUTES
Pebrllor-y 2:1, 2017
3
1 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
2 Resolution No. 026-17-14827 authorizing the City Manager to negotiate and enter into a
3 contract with SFM Services, Inc. on a monthly basis for park landscaping services, passed by a 4
4 -1 vote:
5
8
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
5. A Resolution related to budget; authorizing a transfer of $70,000 from Parks
Landscape Salaries -Regular account to Parks Contractual Services
account. 3/5
(City Manager-Parks & Recreation)
9 Moved by Vice Mayor Welsh, seconded by Commissioner Liebman, the motion to
10 approve Resolution No. 027-17-14828 authorizing a transfer of $70,000 from Parks Landscape
11 Salaries -Regular account to Parks Contractual Services account, passed by a 4 -1 vote:
12
17
Yea:
Nay:
N. RESOLUTION(S)
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
6. A Resolution creating policy to prevent the diversion of our police force into
duties related to immigration enforcement. 3/5
(Mayor Stoddard)
18 The Commission approved unanimously an amendment recommended by the City
19 Attorney, by striking language on lines 22-23 under Section 2: " ... or the request of the South
20 Miami Police Department (SMPD) to assist with such activities ... "; also striking the phrase " .. .for
21 their enlistment..." on line 24 of the same section.
22
23 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
24 as amended Resolution No. 028-17-14829 creating policy to prevent the diversion of our police
25 force into duties related to immigration enforcement, passed by a 5 -0 vote:
C=TY COMMISSION MINCTES
february 2~. 2017
1
2
3
4
5
6
7
8
9
10
a)
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
A Resolution of the City of South Miami, Florida, supporting efforts in the Florida
Legislature to purchase 60,000 acres of land south of Lake Okeechobee in the
Everglades Agricultural Area to initiate project planning for water storage and
treatment as outlines in the Comprehensive Everglades and Restoration Plan to
send clean water to Everglades National Park and the Florida Keys and alleviate
harmful water discharges to the St. Lucie and Caloosahatchee estuaries. 3/5
(Mayor Stoddard)
11 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
12 Resolution No. 029-17-14830 supporting efforts in the Florida Legislature to purchase 60,000
13 acres of land south of Lake Okeechobee in the Everglades Agricultural Area to initiate project
14 planning for water storage and treatment as outlines in the Comprehensive Everglades and
15 Restoration Plan to send clean water to Everglades National Park and the Florida Keys and
16 alleviate harmful water discharges to the St. Lucie and Caloosahatchee estuaries, passed by a 5
17 -Ovote:
18
19
20
21
22
23
24
25
b)
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
A Resolution directing the City Manager to explore and engage the process of
annexing the unincorporated High Pines & Ponce Davis
neighborhoods. 3/5
(Mayor Stoddard)
26 Moved by Mayor Stoddard, seconded by Commissioner Harris, directing the City
27 Manager to explore and engage the process of annexing the unincorporated High Pines &
28 Ponce Davis neighborhoods, passed by a 5 -0 vote:
CITY COMMISSION MINUTES
Febrc;ary 2:1, 2017
5
1
2
a
5
~
8
9
10
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
O. RESOLUTION(S} PUBLIC HEARING(S}
7. A Resolution relating to the release of a Unity of Title, pursuant to Section 20-
5.16(E) of the Land Development Code, for the following properties: 7435 SW
61st Avenue (Folio 09-4036-027-0090), 6020-6022 S. Dixie Highway (Folio 09-
4036-029-0110), 6030 S. Dixie Highway (Folio 09-4036-027-0011) and a
parking lot on SW 61st Avenue (Folio 09-4036-030-0010). 3/5
(City Manager-Planning & Zoning)
Speakers were sworn in followed by presentation of Planning Director Tompkins.
11 Attorney for the applicant, Mr. Michael Marrero addressed the Commission
12 informing that the condition that necessitated the unity of title no longer exists and that is the
13 reason for his client's request.
14
15 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
16 Resolution No. 031-17-14832 relating to the release of a Unity of Title, pursuant to Section 20-
17 5.16(E} of the Land Development Code, for the following properties: 7435 SW 61st Avenue
18 (Folio 09-4036-027-0090), 6020-6022 S. Dixie Highway (Folio 09-4036-029-0110), 6030 S. Dixie
19 Highway (Folio 09-4036-027-0011) and a parking lot on SW 61st Avenue (Folio 09-4036-030-
20 001O), passed by a 5 -0 vote:
21
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
8. A Resolution relating to an application for waiver of plat for the subdivision of
CI~Y COMMISS~OK MINUTES
Febc~2ry 2~, 2017
6
1
2
3
property located at 5957 SW 80 Street. (Deferred 2-07-17) 4/5
(City Manager-Planning & Zoning)
Speakers were sworn in, followed by Ms. Tompkins' presentation.
4 Attorney for the applicant, Mr. Jerry Proctor addressed the Commission
5 regarding the application.
6
7 Mr. Raymond Fernandez, one of the neighbors residing to the north of the subject
8 property expressed no objection to the application. There were no speakers in opposition to
9 the application.
10
11 Mayor Stoddard then added the following three conditions in addition to the ones
12 recommended by staff:(l) That the height of any structure built on either parcel shall be limited
13 to nineteen (19) feet as measured from grade to the ridge if a sloped roof or top of parapet; (2)
14 that there will be no construction on weekends or holidays; (3) that there will be suppression of
15 dust and that all tiles are cut with a wet saw.
16
17 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
18 as amended Resolution No. 032-17-14833 relating to an application for waiver of plat for the
19 subdivision of property located at 5957 SW 80 Street, passed by a 5 -0 vote:
20
25
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
9. An Ordinance amending chapter 8A and adding a new section 8A-7 to the
City's Code of Ordinances for the purpose of regulating communication during
certain phases of competitive solicitation and to establish a "Cone of Silence".
3/5
(City Manager)
26 Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve
27 Ordinance No. 03-17-2273 amending chapter 8A and adding a new section 8A-7 to the City's
CiTY COM~ISS:O~ M=NGIES
f'ebcJary 2=-, 2C1.7
7
1 Code of Ordinances for the purpose of regulating communication during certain phases of
2 competitive solicitation and to establish a "Cone of Silence", passed by a 3 -2 vote:
3
6
7
8
Yea:
Nay:
R. ADJOURNMENT
Attest
Maria M. Menendez
City Clerk
C:TY COMMjSSIO~ ~INUIES
E'eb'-Jary 2", 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Edmond
8
Approved
Philip K. Stoddard
Mayor
Tllf CITY 01" J'ITASA!,-;T LlVI~G
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander
DATE: February 21, 2017
SUBJECT: Managers Report
1. Shops of Sunset Applications
In November, the City sent a letter to the Florida Department of
Economic Opportunity regarding the Shops' application for a text
amendment to the Comprehensive Plan and a Future Land Use Map
Amendment. We have now received a response from the State,
indicating that the small scale amendment process can be used "as
long as the text related change covers the same area as the future
land use category change". We believe that the application
satisfies this requirement.
We've also received the Shop's Traffic Study and our
consultants have begun their initial review of the application
package. We believe there will be several rounds of review before
the application is ready to be scheduled for the first public hearing.
2. Comprehensive Plan & Land Development Code Update
The Planning Department staff have been meeting regularly
with Calvin Giordano and Associates on the updating of the
Comprehensive Plan and Land Development Code. The
consultant's preliminary assessment of the Comprehensive Plan is
that, in terms of the State's requirements, the Plan is in good shape
and there is nothing that's lacking or that conflicts with State law.
There are topics that could be incorporated into the Plan such as
sustainability and climate change; we'll have more discussions
about those ideas as we move forward. New issues such as transfer
Tllr en)' or Pi !:ASA'd II\T\C
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
of development rights, shared parking and others will need to be
addressed as well. The Data, Analysis and Inventory section, which
provides support for the Plan, is largely out-of-date, with much of the
data being from 1995. The consultant will be updating all of that
information.
The Land Development Code is the more complicated of the
two documents. The review has been focused mainly on trying to
clarify the issues and concerns with the Code and begin thinking
about solutions. To be sure that we've completely and thoroughly
identified those issues, we will be holding a series of roundtable
discussions with the general community on Wednesday, March 22nd.
The discussions will take place both during the day and in the
evening to try to accommodate residents' schedules. The public is
encouraged to attend, but we'll be specifically inviting commercial
property and business owners and design professionals such as
architects and landscape architects who are frequent users of the
Code. Staff has also been collecting email addresses from people
interested in the project and will send them invitations as well. More
details about these discussions will be posted on the City's website
shortly.
The consultant has also developed a website specifically for
the project where they are posting information about the project
and where people can submit comments or questions. The website
address is www.southmiamicode.cgasolutions.com. We hope
everyone will take advantage of these different opportunities to
have input into creating a better development code.
The County has instructed the CRA to cease all expenditure until the
City and the CRA have agreed on a budget and until the budget
has been approved by the County. Mr Pepe cannot sign any of the
contracts that were approved at the last CRA meeting since to do
so will be put the CRA at risk of being sued for breach of contract for
Tllr CITY or 1'1 Lt\SA'-:T IIV,',C
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
failure to pay the contract price on these contracts. Therefore, it
would appear that the eRA must holt all activity that will incur any
expense since there is no way of determining if and when the
expense will be paid.