10Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: February 5, 2019
Submitted by: Zachariah Cosner
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to enter into a four year contract for the continuation of Miami Dade
County’s Department of Community Action and Human Services ongoing Meals for the Elderly Program at the
South Miami Plaza, 6701 SW 62nd Ave, South Miami, Florida 33143. 3/5 (City Manager)
Suggested Action:
Attachments:
Memo- DHS Elderly Meals.doc
RESO-_Extension_of_DHS_Elderly_Meals_Program 2019.docx
DHS Contract 2019.pdf
Miami Herald Courtesy Notice Ad.pdf
MDBR Public Hearing all Ad.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Steven Alexander, City Manager
DATE:January 22nd, 2019
SUBJECT:A Resolution authorizing the City Manager to enter into a four year
contract for the continuation of Miami Dade County’s Department of
Community Action and Human Services ongoing Meals for the Elderly
Program at the South Miami Plaza, 6701 SW 62nd Ave, South Miami,
Florida 33143.
BACKGROUND:For many years the Miami Dade County Department of Community
Action and Human Services (DHS) has provided 5 hot meals per week to
senior residents of South Miami at the South Miami Plaza located at 6701
SW 62nd Ave, South Miami, Florida 33143. This service is paid for through
grant funding made available to the City through a grant from Miami-
Dade County via Title III-C of the Older Americans Act and comes at no
cost to the City of South Miami.
However, in order to continue operation of this program, the City of
South Miami must maintain a contract with the County granting County
personnel access to the facility where the program is operated and
agreeing to maintain certain minimum standards of cooperation and
facility upkeep. The previous edition of this contract formally expired on
December 31st, 2018.
ATTACHMENTS:Resolution
MIAMI DADE COUNTY DHSELDERLY MEALS PROGRAM 4-YEAR CONTRACT
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RESOLUTION NO.: _______________12
A Resolution authorizing the City Manager to enter into a four year contract for 3
the continuation of Miami Dade County’s Department of Community Action and 4
Human Services ongoing Meals for the Elderly Program at the South Miami 5
Plaza, 6701 SW 62nd Ave, South Miami, Florida 33143.6
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WHEREAS,for many years the Miami-Dade County Department of Community 8
Action and Human Services (DHS) has provided meals five days a week (excluding holidays 9
and special events) to seniors residing at the South Miami Plaza, 6701 SW 62nd Ave, South 10
Miami, Florida 33143; and11
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WHEREAS,the operation of this program is paid for using grant funds from the Title 13
III-C Older Americans Act acquired by Miami-Dade County DHS and comes at no cost to the 14
City of South Miami; and15
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WHEREAS,the Board of County Commissioners through resolution R-1018-08 17
authorized the county manager to receive and expend Title III-C Older Americans Act grant 18
funds for the continued administration and operation of the Miami-Dade County DHS Meals 19
for the Elderly Program; and20
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WHEREAS,the Miami-Dade County DHS desires to continue providing meals at the 22
facility located at 6701 SW 62nd Ave, South Miami, Florida 33143; and23
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WHEREAS,the continuation of this program requires the City of South Miami to 25
enter into a contract authorizing County personnel to enter the physical space in question, 26
agree to provide equipment and facility maintenance necessary for provision of meals, 27
complete and submit reports required by Miami Dade County, provide conspicuous signs 28
providing information about the program, acknowledge that all federally funded Older 29
Americans Act Meal sites are open to any eligible client in the community, and adhere to the 30
applicable rules and regulations of the Title III-C of the Older Americans Act; and31
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WHEREAS,the most recent iteration of this contract was entered by the City of 33
South Miami and Miami Dade County DHS on June 30th, 2016 and expired December 31st, 34
2018.35
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 37
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:3839
Section 1:The City Manager is hereby authorized to enter into a multi-year contract with the 40
Miami Dade County Department of Community Action and Human Services to continue the Meals for 41
the Elderly Program at the South Miami Plaza, 6701 SW 62nd Ave, South Miami. A copy of the 42
contract is attached.43
Section 2:Severability.If any section, clause, sentence, or phrase of this resolution is for any 44
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 45 3
the validity of the remaining portions of this resolution. 46
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Section 3. Effective Date:This resolution shall be effective immediately upon its adoption. 48
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PASSED AND ADOPTED this _____ day of_______________, 2019. 51
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ATTEST: APPROVED: 53
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City Clerk Mayor56
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READ AND APPROVED AS TO FORM COMMISSION VOTE: 58
LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: 59
THEREOF Vice Mayor Harris:60
Commissioner Welsh:61
___________________________Commissioner Liebman: 62
City Attorney Commissioner Gil:636465
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22A SUNDAY JANUARY272019Local&State MIAMIHERALD.COM
H1
CITYOFSOUTHMIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commissionofthe City of South Miami,
Florida will conduct Public Hearing(s)at its regular CityCommissionmeeting scheduled
forTuesday,February 5,2019beginning at 7:00 p.m.,inthe City Commission Chambers,
6130 Sunset Drive,to considerthe following item(s):
An Ordinance modifying the following sectionsofthe Land Development Code:
Section 20-3.1 Zoning use districts and purposes (A)and (B);Section 20-3.3
Permitted Use Schedule;Section 20-3.4 SpecialUse Conditions;and Article VIII,
Transit-Oriented Development District,Sections 20-8.1 through 20-8.17.
An Ordinance amending the City of South Miami Official Zoning Map to advance
Goals of the Comprehensive Plan Future Land Use Element and the purpose of the
Transit-OrientedDevelopment Districtincluding the followingrezonings:(1)certain
parcels from Transit-Oriented Development District Mixed Use 4(TODD MU-4)to
Transit-Oriented Development District Mixed Use 5(TODD MU-5);and (2)certain
parcels from Transit-Oriented Development District Light Industrial 4(TODD LI-
4),to Transit-Oriented Development District Mixed Use 6(TODD MU-6).
AResolution authorizing the City Manager to enter into afour year contract for
the continuationofMiami Dade County’sDepartment of Community Action
and Human Services ongoing Meals for the Elderly Program at the South Miami
Plaza,6701 SW 62nd Ave,South Miami,Florida 33143
AResolution relating to aVariance application to reduce the minimum front
setback area requirement and to increasethe maximum imperviouscoverage
requirement for aresidential townhouse buildinglocated at 6606 SW 56 Street.
AResolution relatingtoaWaiverofPlat request to allow asubdivision ofproperty
located at 6701 SW 58 Place and as legally described herein.
ALL interested parties are invited to attend and will be heard.
For furtherinformation,please contact the City Clerk’s Office at:305-663-6340.
Nkenga A.Payne,CMC
City Clerk
Pursuant to Florida Statutes286.0105,the City hereby advisesthe publicthat if aperson decides
to appeal any decision madebythis Board,Agency or Commission with respect to any matter
considered at its meeting or hearing,he or she will need arecord of the proceedings,and that for
such purpose,affected person may need to ensure that averbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF OPA-LOCKA
NOTICETOTHE PUBLIC
PLANNING &ZONING BOARD MEETING
TUESDAY,FEBRUARY 5,2019
NOTICE IS HEREBY GIVEN that the City of Opa-locka Planning &Zoning Board
will hold aspecial public hearing at aMeeting on Tuesday,February 5,2019 at 7:00 PM
at the Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida,to consider the
following item (s):
PUBLIC HEARINGS
1.APPLICANTNAME:TEJAS CHOKSI&RACHANA ARORA
12815 NW 45TH AVENUE,
OPA-LOCKA,FL 33054
PROPERTY OWNER:STRK PROPERTIES,LLC
12815 NW 45TH AVENUE,
OPA-LOCKA,FL 33054
PROPERTY ADDRESS:VACANT LOT AT NW 43RD AVENUE &
NW 133RD STREET
OPA-LOCKA,FL 33054
REQUESTS:
ARESOLUTIONOFTHE PLANNING &ZONING BOARD OF THE CITY OF
OPA-LOCKA,FLORIDA,RECOMMENDING APPROVAL OF ALAND USE
DESIGNATION CHANGE FROM GOVERNMENT TO INDUSTRIAL FOR
THE VACANT PROPERTYATTHE CORNER OF NW 43 AVENUE AND NW
133 STREET,OPA-LOCKA,FL 33054 AND IDENTIFIED BY FOLIO 08-2129-
000-0111 IN THE I-3 ZONING DISTRICT;PROVIDINGFOR AN EFFECTIVE
DATE.
ARESOLUTIONOFTHE PLANNING &ZONING BOARD OF THE CITY OF
OPA-LOCKA,FLORIDA,RECOMMENDING FINAL SITE PLAN APPROVAL
FOR THE CONSTRUCTION OF A102,500 SQUAREFOOT WAREHOUSE
AND OFFICE ON THE UNDEVELOPED PROPERTY AT THE CORNER
OF NW 43 AVENUE AND NW 133 STREET,OPA-LOCKA,FL 33054 AND
IDENTIFIEDBYFOLIO 08-2129-000-0111 IN THE I-3 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
ARESOLUTION OF THE PLANNING &ZONING BOARD OF THE CITY
OF OPA-LOCKA,FLORIDA,RECOMMENDING APPROVAL OF THE
DEVELOPMENT AGREEMENT CONCERNING THE CONSTRUCTION
OF A102,500 SQUAREFOOT WAREHOUSE AND OFFICE ON THE
UNDEVELOPED PROPERTY AT THE CORNER OF NW 43 AVENUE AND
NW 133 STREET,OPA-LOCKA,FL 33054 AND IDENTIFIED BY FOLIO
08-2129-000-0111 IN THE I-3 ZONING DISTRICT;PROVIDING FOR AN
EFFECTIVEDATE.
Additional Information on the above items may be obtainedinthe Office of the City Clerk,780
Fisherman Street,4th Floor,Opa-locka,Florida 33054.All interested persons are encouraged to
attend these meetingsand will be heard with respecttothe publichearings.
In accordancewith the Americans with Disabilities Act of 1990,persons needing special
accommodationstoparticipate in the proceeding should contact the Office of the City Clerk at
(305)953-2800 for assistance no later than seven (7)days prior to the proceeding.Ifhearing
impaired,you may telephone the Florida Relay Serviceat(800)955-8771(TTY),(800)955-8770
(Voice),(877)955-8773 (Spanish)or (877)955-8707 (Creole).
PURSUANTTOFS286.0105:Anyone who desires to appeal any decision madebyany board,
agency,or commissionwith respecttoany matter considered at such meetingorhearing willneed
arecordofthe proceedings,and for that reason,may needtoensure that averbatim record of the
proceedings is made,which record includes the testimonyand evidence upon which the appeal
may be based.
COPIES OF THE PROPOSEDDOCUMENTSSHALL BE AVAILABLE FROM
THE COMMUNITYDEVELOPMENT DEPARTMENT AND AT THE PUBLICHEARING.
body,even if the conversa-
tion takes place online in a
public forum.
While it’s not illegal for
public officials to post
about city business on
social media,responding to
another official’s post
could be aviolation of the
Sunshine Law,said Frank
LoMonte,director of the
University of Florida’s
Brechner Center for Free-
dom of Information.
“The [Florida]attorney
general’s office has taken
the position that an ex-
change of views among
members of an elected
board in any medium,even
an online one,qualifies as
a‘meeting’for purposes of
Florida’s open-meetings
law,”LoMonte said in an
email.And any public
meetings have to be open
to the public and adver-
tised ahead of time.
“A commissioner could
certainly go on the official
City Hall Facebook page
and post an announcement
about some upcoming
event,or even comment on
some newsworthy item.
That’s perfectly legal,”
LoMonte added.“Where
the posting turns into a
meeting is when the mem-
bers of the body use Face-
book to deliberate among
themselves over an issue
that might foreseeably
come before them for a
vote.”
In the case of the en-
trance sign,the City Com-
mission had already voted
to send the proposal to the
city’s design review board,
but the issue will likely
come back for another
vote.
Arriola said he did not
feel he was violating the
Sunshine Law by com-
menting on his colleague’s
post because commission-
ers had already voted to
send the proposal to the
design review board.“We
had already voted on the
matter and Ibasically reit-
erated what Isaid publicly
at ameeting,”he said.
The discussion about the
entrance sign wasn’t the
first time Beach commis-
sioners have taken to Face-
book to discuss city busi-
ness.
Last summer,for exam-
ple,the City Commission
made acontroversial deci-
sion to pause astreet
raisingproject that was
part of Miami Beach’s
efforts to prepare for sea
level rise.When aformer
Beach commissioner crit-
icized the decision on
Facebook,residents and
current commissioners
responded.On one com-
ment thread,Alemán re-
plied to aresident and then
another commissioner,
Michael Góngora,respond-
ed as well.
“I try never to comment
on other commissioners’
Facebook posts on city
business as acourse of
practice,”Góngora said in
an email,adding that he
had commented on the
initial post before the other
commissioner weighed in.
Alemán said she also
tries to be careful not to
engage with colleagues
online.“Occasionally I’ll
post and I’ll notice some-
times colleagues comment,
but I’m always careful not
to comment back because I
don’t want to violate the
Sunshine Law,”she said.
“And it can be frustrating
at times because Imay not
agree or I’d love to make a
counter-argument,but I
just have to bite my
tongue,so to speak.”This
type of behavior likely
doesn’t violate the spirit of
the Sunshine Law,which
was created to keep public
officials from negotiating
backroom deals in secret.
But social media has
sparked questions about
how Florida’s broad open
government law applies to
the digital age,creating a
potential minefield for
public officials.
“A lot of the times the
challenge for public offi-
cials is while they think
they may be engaging
within apublic forum
whereeverything is trans-
parent,technically some-
times they may inadver-
tently run afoul of the
letter of the law,”said City
Attorney Raul Aguila,who
noted that in his experi-
ence most online ex-
changes of this nature are
“in good faith and inad-
vertent.”
“These are not people
who are calling each other
up and having secret con-
versations or meeting in
dark corners to discuss
government business,”he
added.“The challenge is
advising them that the
Sunshine Law does apply
to certain social media
interactions and hopefully
the law will catch up to
technology,but in today’s
world technology moves at
astaggering pace.”
Miami Beach commis-
sioners aren’t the only
public officials who have
run into these issues.Three
members of aSouth Flor-
ida Water Management
advisory board may have
violated the Sunshine Law
in 2017 whenthey dis-
cussed aproposedLake
Okeechobee reservoir on
Facebook,according to the
TC Palm.
Public officials have also
been criticized for deleting
social media posts about
city business,which are
considered public records
subject to disclosure and
retention requirements.In
Central Florida,aEustis
city commissioner may
have broken the Sunshine
Law in 2017 whenhein-
vited other cities to donate
their Confederate monu-
ments to Eustis in aFace-
book post,then deleted a
flood of negative com-
ments,the Daily
Commercial reported.
Barbara Petersen,presi-
dent of the Florida First
Amendment Foundation,
said that her organization
often gets questions about
social media.She advises
public officials to err on
the side of caution.
“The point is they’re
supposed to be having
these discussions in front
of the public and aFace-
book account,an Insta-
gram account,whatever
else they may be using,
that’s not public enough,”
she said.Not all residents
see social media posts on
aparticular page,she
added,or know that city
business is being dis-
cussed online.
Petersen and Aguila
said they weren’t aware of
any cases involving com-
missioners arguing on
social media that resulted
in criminal charges.Lo-
Monte said that at most,
any violations of this na-
ture would likely result in
asmall fine.
This isn’t the first time a
Beach official has run into
trouble on social media.In
2016,radio show host and
activist Grant Stern sued
then-Mayor Philip Levine
after he refused to turn
over alist of people hehad
blocked on social media.
The legal dispute,which
has yet to be resolved,
centered on what social
media posts are deemed
public under the Sunshine
Law.
FROM PAGE 21A
FACEBOOK
AFort Lauderdale wom-
an and her attorney —who
have reached settlements
with at least 20 hotels and
motels in Florida over the
businesses’websites not
explaining how their prop-
erties meet the needs of
people with disabilities —
have set their sights on
two Keys resorts.
Cheri Honeywell and her
attorney,Jessica Kerr,of
the Advocacy Group in
Fort Lauderdale,filed
lawsuits this month in
federal court against the
Glunz Ocean Beach Hotel
and Resort in Key Colony
Beach and Casa Morada in
Islamorada.
The suits state that the
hotels violated the Amer-
icans With Disabilities Act
because their websites’
reservations systems “fail
to provide information
about the accessible fea-
tures of the hotel and its
rooms to persons with
disabilities.”
Honeywell and Kerr
have filed at least 31 law-
suits against hotels,motels,
and resorts throughout the
state,starting with busi-
nesses in North Florida in
June 2018.
Thehotels typically set-
tle with Honeywell and
Kerr within afew months,
according to areview of
the cases.
Citing confidentiality
provisions,Kerr declined
to disclose the details of
the settlements.
Requests for comments
from Glunz Ocean Beach
Hotel and Casa Morada
went unanswered.
COURTS
ADAsuits targethotels’websites for
notdisclosing howaccessible theyare
AFortLauderdale woman is suing twoFlorida Keys hotels
that herattorneysaid violated the Americans with
Disabilities Actbecause their websites don’t adequately
detail their properties’wheelchair accessibilityfeatures.
BYDAVIDGOODHUE
dgoodhue@flkeysnews.com
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