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34
City of South Miami
Regular City Commission Minutes
September 5,2017
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
c. ROLL CALL
The following members of the City Commission were present: Mayor Stoddard, Vice
Mayor Welsh, Commissioner Harris, Commissiol'ler Liebman, Commissioner Edmond.
.-. ":
Also in attendance were: City Manag~r'.S~even .AI~)(ander, Cit~Attorney Thomas F.
Pepe, Esq., City Clerk Maria M. Menendez, CMe.
D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANC.E
F.
G.
H.
LOBBYIST(S)?"~~~~~~~I~@THE CITV:COMMISSION:rONIGHT MUST HAVE BEEN
REGISTERED WITHTHE CITYCLERK
a)Recognizin&~pde Enforsement Officer Carol Bynum for her 30-year service
APPROVAL OF MINUTES ...
~~'" ::,":,
a) Minu'tespf Augl,lst 7,2017 (6:30 pm)
b) Minutes~~A~'~:st 7,2017 (6:45 pm)
c) Minutes of August 15, 2017
35 The Minutes of August 7 (6:30 pm), August 7 (6:45 pm), and August 15, 2017 were
36 unanimously approved as presented.
38
CITY COMMISSION MINUTES
September 5, 2017
1
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2
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5
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
and the speaker is under oath.]
6 The following is a summary of the City Att<:>rn~y'? Report: litigation brief on the
7 Regulatory Commission; the Treo Somi matter.
§
K. PUBLIC REMARKS
10
11 At the opening of public remarksJhe following individuals addressed the
12 Commission: Dr. Halegua, George Spi\lis, Levy Kelly,~ishopLarnl Jones.
H
15
16 Summary of Commission Remarks: aboutthe upcoming storm, urging residents to
17 look after their neigh!:l9!'S: .
l§
M. CONSENT AGENDA
"~:"""'(":"
A Hesolutiorl 'relating tobudgeti<iauthoring a transfer of $25,000 from
R~2r~ation-TenhisSalariesa>~tOuntto Recreation-Tennis Contractual Services
account: 3/5
(CityManager-P9rks & Recreation)
22 i.\ ...>
23 Moved bYVice Mayor W~jsh, seconded by Commissioner Harris, the motion to approve
24 Resolution No. 174Xit14975 authoring a transfer of $25,000 from Recreation-Tennis Salaries
25 account to Recreation .. T~nnisC~·htractual Services account, passed by a 5 -0 vote:
26
Yea:
Nay:
CITY COMMISSION MINUTES
September 5, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
2
1
2. A Resolution authorizing -the City Manager to permit the Hope 4 L.Y.F.E
foundation to host its first annual Somi Hope 4 L.Y.F.E 3K Breast Cancer Walk
and to waive all special event fees and insurance requirements. 3/5
(City Manager-Parks & Recreation)
2 Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve
3 Resolution No. 175-17-14976 authorizing the City Manager to permit the Hope 4 L.Y.F.E
4 foundation to host its first annual Somi Hope 4 L.Y.F.E 3K Breast Cancer Walk and to waive all
5 special event fees and insurance requirements, passed bya 5:'0 vote:
6
9
10
11
12
13
14
17
3.
Yea:
Nay:
Mayor Stodd(jrd ..
Vice Mayor.\Nelsh
CommissiOner Harris
Commr~~ibner Liebman
CommissiOner Edmond
None
.;" .. :"."'
:. ::: . ": ", ~.:: .. " ... ' .
A Resolution authorlzllli,iheCity Ma~~~EW.to purchase a dais presentation
display upgrade for theCity'sb~oadcast aut6rhation system from Rushworks.
3/5 (City M~nager)
Moved by Vic:~'M~yor W~lsh, second~dbyCommissioher Harris, the motion to approve
Resolution No. 176-17..;14977 authorizing theC:ity.Manager to purchase a dais presentation
display upgrade for the city~s broacfcast automatioh system from Rushworks, passed by a 5 -0
.:,",". ..... ........ . ....•...
vote:
Nay:
Mayor Stoddard
Vic.;e Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
4. A Resolution authorizing the City Manager to negotiate and enter into a
contract with H&R Paving, Inc., for the Citywide Road Reconstruction Project.
3/5 (City Manager-Public Works)
18 Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve
19 Resolution No. 177-17-14978 authorizing the City Manager to negotiate and enter into a
CITY COMMISSION MINUTES
September 5, 2017
3
1 contract with H&R Paving, Inc., for the Citywide Road Reconstruction Project, passed by a 5 -0
2 vote:
3
6
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond 3
None
5. A Resolution authorizing the City Manag~rt~~nter into a sole source one year
agreement with Florida Sidewalk Solutions, .. LLC for Citywide Sidewalk
Repairs. (City Manager-Public Works) 3/5
7 Moved by Vice Mayor Welsh, seconded byCommission(;;r Harris, the motion to approve
8 Resolution No. 178-17-14979 authorizing the City rVfanag~rt()enter into a solE~source one year
9 agreement with Florida Sidewalk Solutions, LLC for Citywide Sidewalk Repairs, passed by a 5 -0
10 vote:
11
14
Yea:
-< <'-'.;:', '::
; .. : .............•.......•.......
Mayor Stoddard
Vice Mayor Welsh
CommissionerHarris
CommissioNer Liebman
; <:pmmissiol1er Edmond
['Jay: . NOhe
A Resolution auth()ri~jng the City Manager to purchase Property Insurance
including BOiler andn;rvJClchinery, General Liability Insurance, Automobile
. ":Ui3bility andbamagelnsurance, Inland Marine Insurance, Crime/Fidelity
hisl.uance, Law~~forcement Liability Insurance and Worker's Compensation
InsUri;ll]ce frornPreferred Governmental Insurance Trust (PGIT) for Fiscal Year
2017~20i8. 3/5
(City Mariag~fmuman Resources)
15 Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve
16 Resolution No. 179-17-14980 authorizing the City Manager to purchase Property Insurance
17 including Boiler and Machinery, General Liability Insurance, Automobile Liability and Damage
18 Insurance, Inland Marine Insurance, Crime/Fidelity Insurance, Law Enforcement Liability
19 Insurance and Worker's Compensation Insurance from Preferrea Governmental Insurance Trust
20 (PGIT) for Fiscal Year 2017-2018, passed by a 5 -0 vote:
CITY COMMISSION MINUTES
September 5, 2017
4
1
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
7. A Resolution authorizing the City Manager to purchase Public Officials
Employment Practices Liability InsuransesJrplTl American Insurance Company
(ACE) for Fiscal Year 2017-2018. 3/5
(City Manager-Human Resources)/\
5 Moved by Vice Mayor Welsh, second~d'~yCommissioner Harris, the motion to approve
6 Resolution No. 180-17-14981 authorizing the dtYMclnager tcjpurchase PdQlipOfficials
7 Employment Practices Liability Insur~nces from Arri~rican;lr)s:dt~nce Company (t\CE) for Fiscal
8 Year 2017-2018, passed by a 5 -0 J9t¢'!) . ".' ..... .'
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20
21
Yea: fvfayorStoqqard
ViceMayor Welsh
CorYlmissionerH~rris.
commi~$jph~rLeb~~h'/
Commiskioher Edmond
None
:', '/ .... -, .. --'_.... .,":."-:;'
A~esbiyti9n~hA~May~r'~'ridCjty'2bmmission of the City of South Miami,
Floridalh'~9PporthfHouse Bill 47 sponsored by Representatives Richard Stark
and Emily Slh~berg reg;JfC:ting changing the Florida Statute on texting while
/qriving from ~skcondarYf6 a primary offense. 3/5
(M~yor Stoddard)
Moved by vi~~Mayo~\i\leish, seconded by Commissioner Harris, the motion to approve
Resolution No. 181-17-14~~~jhsupport of House Bil147 sponsored by Representatives Richard
Stark and Emily Siosberg regarding changing the Florida Statute on texting while driving from a
secondary to a primary offense, passed by a 5 -0 vote:
Yea:
CITY COMMISSION MINUTES
September 5, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
5
1
2
5
6
7
8.
9
Nay:
Commissioner Edmond
None
N. RESOLUTION(S)
8. A Resolution absolving the City Manager of all liability relating to the bUilding
oftwo South Miami signs. 3/5
(Vice Mayor Welsh)
Moved by Vice Mayor Welsh, seconded by MaY9rS~~ddClrd, the motion to approve
Resolution No. 182-17-14983 absolving the City Manager of allliJbility relating to the building
of two South Miami signs, passed by a 4 -1 vote:·
9.
Yea:
Nay:
Mayor StOddard
.. yice Mayor W¢lsh
.Cbmmissioner Harris
·Comrrilssioner Edmond
Cornmi~si()ner Liebman
A Resolution authorizing the·Southfv1iClmicommunity Redevelopment Agency
to reaPply for Sp~Cial Use approvalPursu.3l1ttoSection 20-3.5(D)(1) and other
appli2~6leprovisiOhS of the Sbuth Miami Land Development Code approving
an increa~efromtwostories to.three stories for a Mixed-Use Project on the
WestMadisbll.sCluar~PI"6perty a~legally described herein. 3/5
(Cornh'lissionerE8 mond)
12
13 rv16~edby Commissioh.~r H~rfis>s~conded by Commissioner Edmond, the motion to
14 approve ResolUtign No. 183-17-14984 authorizing the South Miami Community Redevelopment
15 Agency to reappfyfor Special Usgapproval pursuant to Section 20-3.5(D)(1) and other
16 applicable provisibnsqfthe Soui:bMiami Land Development Code approving an increase from
17 two stories to three~tori~s fora Mixed-Use Project on the West Madison Square property as
18 legally described herein,p~ssecfby a 3 -2 vote:
19
Yea:
Nay:
CITY COMMISSION MINUTES
September 5, 2017
Vice Mayor Welsh
Commissioner Harris
Commissioner Edmond
Mayor Stoddard
Commissioner Liebman
6
1
10. A Resolution calling on the Florida Delegation of the U.S. Congress to support
Congressional efforts to replace the statues of Confederate General Edmund
Kirby Smith and eight other Confederate leaders, currently representing
several states in Statuary Hall in Washington, D.C. 3/5
(Commissioner Edmond)
2 This resolution was amended by adding a "whereas" recommended by Vice Mayor
3 Welsh, which will be reflected on the final adopted document;
4
5 Moved by Mayor Stoddard, seconded by Comn;i.s~i9n~r Edmond, the motion to approve
6 as amended Resolution No. 184-17-14985 calling o~ tbeFloridaD~legation of the U.S. Congress
7 to support Congressional efforts to replace the statU~s of confederate General Edmund Kirby
8 Smith and eight other Confederate leaders, cu~.r.~ntIY representing several states in Statuary
9 Hall in Washington, D.C., passed by a 5 -0 vote:
10
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18
19
20
21
22
Yea: ,Mayor Stoddard
'Yicg Mayor We'lsh
COnifnissioner Harris
C6rr,rrii§Si,9rl.er Liebman
ComrnissioneEEc!lJlond
None
: ", ." . ". ""
11. A R~~~r"tipn calli~~;pn the Fldila~LegiSlature and Florida Governor to remove
a Confederate. III Qnurnent at the State Capitol to a more appropriate location
~/!?(<;:ommissiOfl~r EdmOnd) .
·· ............ ·· •.•• ··~hisr~·:~1~1i6h.·.wa~~i'$¢.>~mended~i by adding a "whereas" recommended
Mayor W~lshJwhich will beieflectedtin the final adopted document.
by Vice
Moved bYrylayor stodd~~cI! seconded by Commissioner Edmond, the motion to approve
as amended ResolUtion No. 185);17-14986 calling on the Florida Legislature and Florida
Governor to removeaC9tlfe~enrfe monument at the State Capitol to a more appropriate
location, passed by a 5 '"9\(c:l~e:
Yea:
Nay:
CITY COMMISSION MINUTES
September 5, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
7
12. A Resolution amending Resolution No. 048-17-14849 to extend the expiration
of the Special Use approval for a General Restaurant at 4000 SW 57th Avenue.
4/5 (City Manager-Planning & Zoning)
1 \
2 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve
3 Resolution No. 186-17-14987 amending Resolution No. 048-17-14849 to extend the expiration
4 of the Special Use approval for a General Restaurant at 4000 SW 57th Avenue, passed by a 5 -0
5 vote:
6
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12
13
14
15
16
17
18
19
20
21
Yea:
Nay:
Mayor Stoddard
Vice Mayor \j\Ielsh
Commissioner Harris
Commissi6h~r Liebman
Commissl6ner Edmond
None
O. RESOLUTION(S) PUBLIC HEARIN~(S)
A Resolution authorizing the City Manager to negotiate and to enter into a
three (3) year agreement with anbption-to-renew for one additional two (2)
years with South Miami Youth BaseballLE~ague ("SMYBL") for the management
of thecdncessiohstand at PMMei' Park. 3/5
(City iV(arlager-Parks& Recreadbn)
.. • p,~rksandHe~reaU6nbi;~ct"( P"ugh·provi ded lu rth e r cia riliea t i on rega rd i n g the
projeq~.~;re\fenuefromt~e cons~s~ion standfexplaining that it will take at least five or more
years t8break even duetdthe m·drl~y spent on the renovation.
, . ,
Mov~d.by Mayor Stodd~rd, seco~ded by Vice Mayor Welsh, the motion to approve
Resolution No. 187:-17-14988 authorizing the City Manager to negotiate and to enter into a
three (3) year agreernent with I'l!')option-to-renew for one additional two (2) years with South
Miami Youth Basebaln.eague(fiS'tVIYBL") for the management of the concession stand at Palmer
Park, passed by a 5 -0 vot~:.
Yea:
Nay:
CITY COMMISSION MINUTES
September 5, 2017
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
8
3
14. A Resolution authorizing the City Manager to enter into a multi-year
agreement for Pay by Phone services with Pay by Phone Technologies. Inc .•
through a piggyback agreement from the Miami Parking Authority. 3/5
(City Manager)
4 Moved by Mayor Stoddard, seconded by Vice Mayor Welsh, the motion to approve
5 Resolution No. 188-17-14989 authorizing the City Manager to~hter into a multi-year
6 agreement for Pay by Phone services with Pay by Phone T~~BhBlogies, Inc., through a piggyback
7 agreement from the Miami Parking Authority, passed.9yaS~Qvote:
8 ". '.,\:::.,
11
12
13
14
15
16
Yea: Mayor Stodd~rd
Vice M~y~tiW~lsh
Commi~sl$ner Harris
CommissiBherLiebmaJl'
.Commission~i~~drn9rldp?
Nay: Ndne
A Resolution authorizil1g>theCitVManagertoenter into a sole source multi-
year agreement with Granicus, In2:)!Jdrwebcasting the City's public meetings
and softwar~\·Ubgrades foFPeak Agehdci;rrranagefuent and closed captioning
sen/i(;~s: ': V\ ~:i;>: :: ",.; ~
W', 3/5
(City M~hager)
':.::.;.,'::"'::. :",' <-: ... ,'
MoyedbYr\ll~y?r St(jd?~r9,i~2bhd~dbYCg'~rnissioner Harris, the motion to approve
ResoIY.tiqnNo. 189-1:7HX:4-.~90 aUthorizing thedtY.fv1a~ager to enter into a sole source multi-
year agr~¢rnent with Grahicl.Js, Inc.',forwebcasting the City's public meetings and software
upgradesfo(Peak Agendarn.C!I)~gemgOtand closed captioning services, passed by a 5 -0 vote:
Yea:
Nay:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Harris
Commissioner Liebman
Commissioner Edmond
None
P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) (NONE)
Q. ORDINANCE(S) FIRST READING(S)
CITY COMMISSION MINUTES
September 5, 2017
9
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16. An Ordinance amending the Land Development Code, Article V, Section 20-5.8,
and Article VI, Section 20-6.1 relating to reapplications and reconsiderations of
applications. 3/5
(Vice Mayor Welsh)
Commissioner Harris moved to amend page two, line 13 by adding "may be
considered by the Commission one additional time". Seconded by Mayor Stoddard, the
amendment passed unanimously.
Moved by Mayor Stoddard, seconded by Vice~\~¥p'ri\6r~.lsh, the motion to approve as
amended An Ordinance amending the Land Developm¢:OfCoa~);iArticie V, Section 20-5.8, and
Article VI, Section 20-6.1 relating to reapplications~~~nd~econsid~i~tions of applications, passed
c ~:::.: :;:-•. :'.; ~/. > .-,.-." .> .
by a 4 ~ 1 vote: ;;;;;~M:;ift)·i';iu> ..
R.
Yea:
Nay:
CITY COMMISSION MINUTES
September 5, 2017
Mayor ;~;6adard
Mayor\ki~lsh
10
'H~rH$'> .
Lie8'rtran
Edmond;,
Philip K. Stoddard
Mayor
THE CITY OF PLEASANT 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
September 5,2017
Managers Report
Hurricane Irma preparations
National Hurricane Center stated today that "This makes Irma the
strongest hurricane in the Atlantic basin outside of the Caribbean
Sea and Gulf of Mexico in the NHC records."
We have directed the cleaning of all storm drains, placing shutters
on all City facilities, notification of Police and critical administrative
staff of their expected emergency work hours. We have purchased
two jon boats and waders for water rescue if necessary. We have
I
made preparations to move the EOC to the second floor if we get
flooded out of the Commission Chambers. Additionally we have
contacted South Miami Hospital for back up EOC space if
necessary. City computers will be placed on desks and in plastic
bags on Thursday.
We are proposing to refund parking fees incurred during Sunday or
Monday at the Shops at Sunset for any South Miami resident that
incurs such a fee during Sunday or Monday with proof of residency.
This will allow people to attempt to protect their car in a structure at
higher than flood water levels. We have secured extra sand and
bags necessary for the assemblage of sand bags for residents and
businesses in the City. Additionally we have contacted the County
and its lessee, Treo to allow us and our residents some additional
access in those elevated parking structures and have not received
confirmation or denial at this time regarding availability.
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
All of our City vehicles have their fuel tanks toped off and we are
ready to employ any large vehicles such as dump trucks to access
flooded streets should flood to an extent that normal vehicles cant
access our residents. These City vehicles will be secured in the
municipal parking garage.
Our main generator at City Hall has been tested this week and is
running fine and has a full tank of fuel. Our ancillary generators at
other locations are being tested this week.
I anticipate giving non-essential personnel leave to prepare on
Friday.
Since 2008 the City of South Miami has had an "Emergency Reserve
Fund" as port of a Cash Management Policy requiring the City to
maintain Emergency Reserves Funds no less than 10% of the budget.
Since then, I strongly recommended, and the 2014 Commission
funded, the full amount recommended by Government Financial
Officers Association (GFOA) of 25%; 12.5% for budget uncertainties
and 12.5% for emergency response.
The lika crisis last year appeared like there may be need for the City
to identify $400,000 for a potential larger lika emergency, and the
City Commission directed the City Manager to appropriate, or
allocate, those funds which may have appeared as a reduction in
the Emergency Reserve Fund but was merely an appropriation or
allocation within the fund.
In summary, the Emergency Reserve Fund Balance is $4,672,458 as of
June 30, 2017 and the $394,782 in question is the combination of
uncollected interest income, but expected, and the unspent
$400,000 lika appropriation or allocation, which thankfully has yet to
occur.
The $400,000 has not been spent and is still within the Emergency
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
Reserve Fund and has never left the fund.
Perhaps a misreading of the monthly financial update lead to the
misunderstanding that was voiced at the City Commission meeting
of August 15, 2017.