_HaAgenda Item No:Ha.
City Commission Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Minutes
Agenda Section:
Subject:
11.05.19 minutes
Suggested Action:
Attachments:
11.05.19 minutes.pdf
1
1 City of South Miami
2 Regular City Commission Minutes
3 November 5, 2019
4
5 The City Commission met in regular session on Tuesday, November S, 2019, beginning at
6 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, South Miami, FL.
8
Al SILENCE OR TURN OFF ALL CELL PHONES
Q ROLL CALL
11
12 The following members of the City Commission were present: Mayor Philip K. Stoddard,
13 Vice Mayor Walter Harris, Commissioner Josh Liebman, Commissioner Bob Welsh and
14 Commissioner Luis Gil.
15
16 The following members of the City Commission were absent: Steven Alexander, City
17 Manager, Thomas Pepe, City Attorney, Nkenga A. Payne, City Clerk.
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23
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30
ill MOMENT OF SILENCE
£1 PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited in unison.
F) LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
ill PRESENTATIONS
Ga.) American Legion Auxiliary Day Proclamation
31 Mayor Stoddard presented the proclamation to Linda Barichik, President of the American
32 Legion Women's Auxiliary on the occasion of their 100th Anniversary.
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H) APPROVAL OF MINUTES
Ha.) 10.15.19 minutes
CITY COMMISSION MINUTES
November 5, 2019
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2
1 Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve the
2 10.15.19 minutes passed by a 5 -0 vote:
3
6
7
§
10
Yea:
Nay:
11 CITY MANAGER'S REPORT
(report attached)
Jl CITY ATIORNEY'S REPORT
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
11 Mr. Pepe reported on the following: McCormick Case, a deposition is scheduled; Clean
12 Power Plan, waiting for a ruling on the appeal; Carlos Rodriguez case, the judge denied Mr.
13 Rodriguez motion for a temporary injunction and he has filed a motion of appeal; FPL case, he is
14 working on a brief which is due on November 7, 2019; and ADA complaint was filed on Taco Craft
15 and information was given to the city's insurance.
1,
!Q PUBLIC REMARKS
18
19 The following spoke during public remarks: Horace Feliu, Dick Ward, Lee Jacobs, Jena
20 Staly, Lina Sierra, John Palenchar, Marie Chael, Holly Zickler, Antoinette Fischer, Sally Philips, Nick
21 Truby and Abby Glasser.
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L) BOARDS AND COMMITIEES, APPOINTMENTS, ETC.
L1.) Noel Cleland, has been appointed by Vice Mayor Harris to the Green Task Force,
as per City Charter Art. II, Sec. 8 A, for a two-year term ending November 5,
2021.
Ml COMMISSION REPORTS, DISCUSSION & REMARKS
30 The following is a summary of Commission remarks:
31 Vice Mayor Harris: appreciation of the Police Department, success of Safe Streets
32 Halloween, all America park (thank you to Cooke Yarborough).
CITY COMMISSION MINUTES
November 5, 2019
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1 Commissioner Welsh: guard rail on US1 for pedestrians, planting of trees at area
2 churches, small pocket park ideas.
3
4 Commissioner Gil: pocket park, success ofthe Police department, Parks & Recreation and
5 Public Works engagement with Safe Streets Halloween, Manor Lane sidewalk.
6
7 Commissioner Liebman: retaining an affordable grocery store in the community, thanked
8 several residents for their contributions to the City, Parks & Recreation newsletter and website
9 to stay engaged with City events and information, South Miami Parks improvements and thanked
10 Quentin Pough, Parks & Recreation Director and his staff for their hard work, also thanked Mayor
11 Stoddard for his years of service.
12
13 Mayor Stoddard: Sanctuary City case, Comprehensive Plan -recreational space, pesticide
14 ordinance is the model for the State of Florida.
15
16 It was moved by Mayor Stoddard and seconded by Commissioner Liebman to add the
17 three add-ons to the agenda. The motion was approved unanimously.
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Nl CONSENT AGENDA
1.) A Resolution authorizing the City Manager to renew the City's Microsoft 365
license software for one-year from SHI International Corp., an authorized
contractor for Microsoft, through a piggyback agreement with the State of
Florida Contract No. 43230000-15-02. 3/5 (City Manager-Finance Dept.)
23 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
24 Resolution No. 136-19-15408 authorizing the City Manager to renew the City's Microsoft 365
25 license software for one-year from SHI International Corp., an authorized contractor for
26 Microsoft, through a piggyback agreement with the State of Florida Contract No. 43230000-15-
27 02 passed by a 5 -0 vote:
28
Yea:
Nay:
CITY COMMISSION MINUTES
November 5, 2019
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
3
4
1
2.) A Resolution authorizing the City Manager to enter into a contract with and
purchase a Petersen Model RS3 base loader from Lou Bachrodt Freightliner. 3/5
(City Manager-Public Works Dept.)
2 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
3 Resolution No. 137-19-15409 authorizing the City Manager to enter into a contract with and
4 purchase a Petersen Model RS3 base loader from Lou Bachrodt Freightliner passed by a 5 -0
5 vote:
6
Yea :
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
3.) A Resolution authorizing the City Manager to execute the FY2019 Community
Development Block Grant (CDBG) Agreement with Miami-Dade County for the
South Miami Senior Meals Program. 3/5 (City Manager)
9 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
10 Resolution No. 138-19-15410 authorizing the City Manager to execute the FY2019 Community
11 Development Block Grant (CDBG) Agreement with Miami-Dade County for the South Miami
12 Senior Meals Program passed by a 5 -0 vote:
13
16
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
4.) A Resolution authorizing the City Manager to procure football referee services
from South Florida Football Officiating Association during fiscal year 2019-2020.
3/5 (City Manager-Parks & Recreation Dept.)
17 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
18 Resolution No. 139-19-15411 authorizing the City Manager to procure football referee services
19 from South Florida Football Officiating Association during fiscal year 2019-2020 passed by a 5 -
20 0 vote:
CITY COMMISSION MINUTES
November 5, 2019
4
5
1
6
Yea:
Nay:
0) RESOLUTION(S)
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
.2J A Resolution relating to the review and approval of a Unity of Title request.
unifying property located at 7435 SW 61st Avenue (Lots 1, 2, and 3, Block 2,
Larkin Pines, according to the map or plat thereof as recorded in Plat Book 24,
Page 20, and Lot 1, American Townsites Company's Sub-Division No .1 of Larkin,
according to the map or plat thereof as recorded in Plat Book 3, Page 134) all as
recorded in the Public Records of Miami-Dade County. 3/5 (City Manager-
Planning Dept.)
7 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
8 Resolution No. 140-19-15412 relating to the review and approval of a Unity of Title request,
9 unifying property located at 7435 SW 61st Avenue (Lots 1, 2, and 3, Block 2, Larkin Pines,
10 according to the map or plat thereof as recorded in Plat Book 24, Page 20, and Lot 1, American
11 Townsites Company's Sub-Division No. 1 of Larkin, according to the map or plat thereof as
12 recorded in Plat Book 3, Page 134) all as recorded in the Public Records of Miami-Dade County
13 passed by a 5 -0 vote:
14
17
18
is
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
§J A Resolution instructing the City Manager to present the City Commission with
a design for a 4,800 square foot pocket park at 7435 SW 66 Avenue. South
Miami. 3/5 (Commi ssi one r Welsh)
This item was withdrawn from the agenda .
CITY COMMISSION MINUTES
November 5, 2019
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6
1
ZJ A Resolution of the Mayor and the City Commission of the City of South Miami
thanking Vitalini Corazzini P.A. for donating their time and resources to provide
a design that helped mediate between residents and the developer of a
residential and commercial mixed-use project in South Miami. 3/5
(Commissioner Welsh)
2 It was moved by Commissioner Welsh and seconded by Mayor Stoddard to add the
3 following: Whereas, Mr. Vitalini donated a rendering of the proposed Madison Square when
4 various plans for Madison Square were being considered. He also provided both drawings and
5 water coloring of Marshall Williamson Park. The motion on the amendment passed unanimously.
6
7 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve as
8 amended Resolution No. 141-19-15413 of the Mayor and the City Commission of the City of
9 South Miami thanking Vitalini Corazzini P.A. for donating their time and resources to provide a
10 design that helped mediate between residents and the developer of a residential and commercial
11 mixed-use project in South Miami passed by a 5 -0 vote:
12
18
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
P) RESOlUTION(S) PUBLIC HEARING(S)
~ A Resolution of the City of South Miami, Florida, placing a question on the ballot
for Tuesday, February 11, 2020, City General Elections, to amend the City
Charter, Article IV, SECTION 4, Subsection E relating to Audits, to increase the
maximum term of the contract between the City and the City Auditor. 3/5
(Mayor Stoddard)
19 The public hearing on this item was opened and closed with no speakers.
20
21 Mayor Stoddard elaborated on the reason for this item after Vice Mayor Harris
22 questioned why this is needed.
23
24 Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve
25 Resolution No. 142-19-15414 ofthe City of South Miami, Florida, placing a question on the ballot
CITY COMMISSION MINUTES
November 5, 2019
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1 for Tuesday, February 11, 2020, City General Elections, to amend the City Charter, Article IV,
2 SECTION 4, Subsection E relating to Audits, to increase the maximum term of the contract
3 between the City and the City Auditor passed by a 5 -0 vote:
4
5 ,
10
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
Q) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
~ An Ordinance amending the South Miami Pension Plan to implement the
Collective Bargaining Agreements between the City of South Miami and
AFSCME, AFL-CiO and City Employees Local 3294; by amending Section 16-12,
"Definitions"; and amending Section 16-14, "Pension benefits and retirement
date";and Providing for a Cost of Living Adjustment for General Employees. 3/5
(City Manager-Finance Dept .)
11 The public hearing on this item was opened and closed with no speakers.
12
13 Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve
14 Ordinance No. 35-19-2348 amending the South Miami Pension Plan to implement the Collective
15 Bargaining Agreements between the City of South Miami and AFSCME, AFL-CIO a~d City
16 Employees Local 3294; by amending Section 16-12, "Definitions"; and amending Section 16-14,
17 "Pension benefits and retirement date"; and Providing for a Cost of Living Adjustment for General
18 Employees passed by a 5 -0 vote:
19
Yea:
Nay:
20
H
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
R) ORDINANCE(S) FIRST READING(S)
CITY COMMISSION MINUTES
November 5, 2019
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10.) An Ordinance amend i ng the City of South Miami Land Development Code ,
Chapter 20, Article IV, Section 20-4 .10 to authorize the City Commission to
waive, from time to time, the permitting requirements to hold a garage sale in
t h e RS -Si ngl e Famil y Residential Districts and the RT-Townhous e Districts. 3/5
(May o r Stodd ard)
2 After some discussion, it was moved by Mayor Stoddard and seconded by Commissioner
3 Liebman to add Citywi d e o n a sp ecific day o ne tim e a y ear. The motion to amend passed
4 unanimously.
5
6
7 Moved by Mayor Stoddard, seconded by Commissioner Gi" the motion to approve An
8 Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV,
9 Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting
10 requirements to hold a garage sale in the RS-Single Family Residential Districts and the RT-
11 Townhouse Districts passed by a 5 - 0 vote:
12
Yea :
Nay :
13
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
14 It was moved by Mayor Stoddard and seconded by Commissioner Gil to defer the second
15 reading on this item until it is heard at the Planning Board. The motion passed unanimously.
16
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S) ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
11.) An Ordinance amending the following section of the Land Development Code :
Section 20-2.3 Definitions, Section 20-3.3(0) Permitted Use Schedule, and
Section 20-3.4 Special use conditions; all concerning uses that include
Beauty/Barber Shop, Personal Skills Instruction Studio, Photographic Studio and
physical Fitness Facility. 3/5 (City Manager-Planning Dept.)
22 It was moved by Commissioner Welsh and seconded by Commissioner Liebman to use the
23 amended highlighted version of the ordinance. The motion passed unanimously.
24
CITY COMMISSION MINUTES
November 5, 2019
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1 It was moved by Mayor Stoddard and seconded by Commissioner Liebman to amend the
2 ordinance to remove the three asterisks in the column under RO and put the three asterisks to
3 Personal Skills Instruction Studio and Physical Fitness Facility. The motion passed unanimously.
4
5 The public hearing on this item was opened and closed with no speakers.
6
7 Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to
8 approve as amended An Ordinance amending the following section of the Land Development
9 Code: Section 20-2.3 Definitions, Section 20-3.3(0) Permitted Use Schedule, and Section 20-3.4
10 Special use conditions; all concerning uses that include Beauty/Barber Shop, Personal Skills
11 Instruction Studio, Photographic Studio and Physical Fitness Facility passed by a 5 -0 vote:
12
18
Yea:
Nay:
B) ADD-ON ITEM(S)
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
Ba.) A Resolution of the Mayor and City Commission of the City of South Miami
relating to the donation and placement of a sculpture by Carlos Silva. 3/5
(Commissioner Liebman)
19 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
20 Resolution No. 143-19-15415 of the Mayor and City Commission of the City of South Miami
21 relating to the donation and placement of a sculpture by Carlos Silva passed by a 5 -0 vote:
22
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
Bb.) A Resolution of the Mayor and City Commission of the City of South Miami
relating to the donation and placement of a sculpture by Luis Jimenez . 3/5
(Commissioner Liebman)
CITY COMMISSION MINUTES
November 5, 2019
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10
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2 Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve
3 Resolution No. 144-19-15416 of the Mayor and City Commission of the City of South Miami
4 relating to the donation and placement of a sculpture by Luis Jimenez passed by a 5 -0 vote:
5
8
Yea:
Nay:
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
Bc.) An Ordinance of the Mayor and City Commission of the City of South Miam i,
Florida amending the City of South Miami police officers retirement trust fund,
Chapter 16, Article III ofthe City's Code of Ordinances, which includes provisions
to improve readability of the plan document; providing for a five-member board
of trustees in accordance with Chapter 185 Florida Statutes; and providing for
internal revenue code compliance. 3/5 (City Attorney)
9 Mayor Stoddard thanked board member Sally Philips for all her hard work with regards
10 to this Board.
11
12 Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve
13 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending
14 the City of South Miami police officers retirement trust fund, Chapter 16, Article III of the City's
15 Code of Ordinances, which includes provisions to improve readability of the plan document;
16 providing for a five-member board of trustees in accordance with Chapter 185 Florida Statutes;
17 and providing for internal revenue code compliance passed by a 5 -0 vote:
18
19
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22
Yea:
Nay:
T) ADJOURNMENT
CITY COMMISSION MINUTES
November 5, 2019
Mayor Stoddard
Vice Mayor Harris
Commissioner Liebman
Commissioner Welsh
Commissioner Gil
None
10
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1 There being no further business to come before this Body, the meeting was adjourned at
2 9:07 p.m.
3
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5
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Attest:
Nkenga A. Payne
City Clerk
CITY COMMISSION MINUTES
November 5, 2019
11
Approved:
Philip K. Stoddard
Mayor
12
THE CITY OF PLEAS,\NT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM : Steven Alexander
DATE : November 5, 2019
SUBJECT: Managers Report
Commissioner Welsh met with staff and the consultant regarding the Manor Lane
sidewalk proposals. We narrowed down his specific concerns and have asked
the consultant to revise the proposal and its projected cost. We hope to have
this information soon and to be able to prepare the item for action on the
November 19 agenda.
We have received a copy of a letter from FEMA denying Governor Ron DeSantis
request for a major declaration as a result of Hurricane Dorian for twelve Florida
counties including Miami-Dade. Miami Dade County will appeal this decision
through whatever avenues are open to them. The denial appears to be based
upon FEMA's determination "that damage to the infrastructure is not of such
severity and magnitude to warrant their designation under the Public Assistance
program." There appears to be no consideration for the costs incurred within
Category B for valid Emergency Preparations taken by the County and its
municipalities in this decision.
We believe that we have the ability to redirect our PTP funds to the pedestrian
overpass fund from the current use of the somi shuttle. I wanted to bring this
possibility to you as a Board but would like to have your decision off the dias at
some point. Please feel free to discuss it now should you wish. The recent ridership
of the shuttle is as follows:
November 2018; 1479
December 2018; 1274
January 2019; 1146
February 2019; 1041
March 2019; 908
April 2019; 985
May 2019; 999
June 2019; 886
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THE CITY OF PLEASANT LIVING
July 2019; 937
August 2019; 939
September 2019; 801
October 2019; 915
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
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