_HaAgenda Item No:Ha.
City Commission Agenda Item Report
Meeting Date: September 15, 2020
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Minutes
Agenda Section:
Subject:
08.18.2020
Suggested Action:
Attachments:
08.18.20.docx
1
CITY COMMISSION MINUTES
August 18, 2020
1
City of South Miami1
Regular City Commission Minutes2
August 18, 20203
4
VIRTUAL MEETING5
6
Governor DeSantis’ Executive Order Number 20-69 -Please note that Governor DeSantis’ 7
Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla. Stat., that a 8
quorum to be present in person, and that a local government body meet at a specific public place. 9
The Executive Order also allows local government bodies to utilize communications media 10
technology, such as telephonic and video conferencing such as Zoom for meetings of local 11
government bodies. 12
13
The City Commission met in regular session on Tuesday, August 18, 2020, beginning at 14
7:00 p.m. The meeting was held as a VIRTUAL MEETING through communication media 15
technology with the members of the City Commission and City staff participating through video 16
conferencing. This virtual meeting was held on the Zoom platform used by the City Clerk for live 17
remote participation. 18
19
Mr. Pepe read the instructions for participating in the virtual meeting.20
2122
A) SILENCE OR TURN OFF ALL CELL PHONES
2324 C) ROLL CALL
25
The following members of the City Commission were present: Mayor Sally Philips, Vice 26
Mayor Bob Welsh, Commissioner Walter Harris, Commissioner Josh Liebman and Commissioner 27
Luis Gil. 28
29
Also, in attendance were Shari Kamali, City Manager, Thomas Pepe, City Attorney and 30
Nkenga A. Payne, City Clerk. 31
3233
B) ADD-ON ITEM(S)
34
It was moved by Vice Mayor Welsh and seconded by Commissioner Gil to hear add-on 35
item Ba. after item 16. The motion passed unanimously.36
37
It was moved by Commissioner Gil and seconded by Vice Mayor Welsh to hear add-on 38
item Bb. after item 12. The motion passed unanimously.39
2
CITY COMMISSION MINUTES
August 18, 2020
2
12
D) MOMENT OF SILENCE
34
E) PLEDGE OF ALLEGIANCE
5
The Pledge of Allegiance was recited in unison.6
78
F) LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
910
G) PRESENTATIONS
1112
Ga.)Ray Lastra - Construction Cost (Vice Mayor Welsh)
13
Mr. Lastra gave a forecast of the future drop in construction cost.14
1516
H) APPROVAL OF MINUTES
1718
Ha.)07.21.20 Special Meeting
1920
Hb.)07.21.20
2122
Hc.)08.04.20
23
Moved by Vice Mayor Welsh, seconded by Commissioner Gil, the motion to minutes as 24
presented passed by a 5 - 0 vote:25
26
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
2728
I) CITY MANAGER’S REPORT
29
Ms. Kamali reported on the following: Primary Election Day at the Gibson-Bethel 30
Community Center, all CDC guidelines were followed; Parks & Recreation received a $50,000 31
grant from FRDAP for a new playground structure at South Miami Park and a $2,000 grant from 32
3
CITY COMMISSION MINUTES
August 18, 2020
3
US Tennis Association to offset tennis related expenses associated with COVID-19 precautions; 1
Parks & Recreation Department is offering a quiet and safe study place program at the 2
community center for kindergarten to fifth grade starting Monday, August 31, 2020; the fitness 3
center and gym are scheduled to reopen on Monday, August 31, 2020 with reduced hours; open 4
enrollment for insurance will begin the week of August 24th virtually; the sharrow project has 5
begun in the north part of the City; Labor Day garbage pickup schedule; Miami-Dade County is 6
hosting a virtual workshop with municipalities regarding the Miami-Dade County CARES Act; and 7
the City has received from the Department of Labor $57,000 in response to Coronavirus Response 8
Act for payroll associated expenses.9
10
Ms. Kamali also announced the appointment of Andres Figueroa as the new Building 11
Director.12
13
As a response to Commissioner Liebman, Ms. Kamali reported on her findings of the SW 14
62 Avenue Alley.15
1617
J) CITY ATTORNEY’S REPORT
18
Mr. Pepe reported that a revised procedural script for tonight's meeting was sent out and 19
item #14 requires a 5/5 vote.20
2122
K) PUBLIC REMARKS
23
The following individuals spoke during public remarks: Lina Sierra, Philip Stoddard, Alex 24
Almazan, Jorge Milian, Jillian Mehler, and Bradley Cassel.25
2627
L) BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
2829
M) COMMISSION REPORTS, DISCUSSION & REMARKS
30
The following is a summary of Commission remarks:31
32
Commissioner Liebman congratulated new Building Director Andres Figueroa, mentioned 33
the Primary Election races as it relates to South Miami, and also spoke about the SW 62 Avenue 34
Alley.35
36
Vice Mayor Welsh spoke about Stunna's Fit Gym the SW 62 Avenue Alley.37
38
Commissioner Harris urged all residents to complete the 2020 Census.39
40
4
CITY COMMISSION MINUTES
August 18, 2020
4
Commissioner Gil praised the $500,000 in savings by refinancing of the City's loan.1
2
Mayor Philips also spoke about the SW 62 Avenue Alley.3
45
N) CONSENT AGENDA
6
Vice Mayor Welsh pulled items #7 & 8 from the Consent Agenda.7
89
1.)A Resolution of the Mayor and City Commissioners of the City of South Miami
appointing James Galvin to serve on the Environmental Review and
Preservation Board (ERPB) for a two-year term ending August 18, 2022. 3/5 (City
Commission)
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve10
Resolution No. 099-20-15539appointing James Galvin to serve on the Environmental Review and 11
Preservation Board (ERPB) for a two-year term ending August 18, 2022 passed by a 5 - 0 vote:12
13
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
1415
2.)A Resolution authorizing the City Manager to purchase group health insurance
benefits from Neighborhood Health Plan for full-time employees and
participating retirees. 3/5 (City Manager-Human Resources)
16
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve17
Resolution No. 100-20-15540 authorizing the City Manager to purchase group health insurance 18
benefits from Neighborhood Health Plan for full-time employees and participating retirees19
passed by a 5 - 0 vote:20
21
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
2223
5
CITY COMMISSION MINUTES
August 18, 2020
5
3.)A Resolution authorizing the City Manager to purchase life, accidental death &
dismemberment insurance (AD&D), and long-term disability insurance benefits
from Mutual of Omaha for full-time employees and participating retirees for
Fiscal Year 2020-2021. 3/5 (City Manager-Human Resources)
1
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve2
Resolution No. 101-20-15541 authorizing the City Manager to purchase life, accidental death & 3
dismemberment insurance (AD&D), and long-term disability insurance benefits from Mutual of 4
Omaha for full-time employees and participating retirees for Fiscal Year 2020-2021 passed by a 5
5 - 0 vote:6
7
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
89
4.)A Resolution authorizing the City Manager to purchase dental and vision
insurance benefits from Humana for full-time employees and participating
retirees for 2020-2021 Fiscal Year. 3/5 (City Manager-Human Resources)
10
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve11
Resolution No. 102-20-15542 authorizing the City Manager to purchase dental and vision 12
insurance benefits from Humana for full-time employees and participating retirees for 2020-2021 13
Fiscal Year passed by a 5 - 0 vote:14
15
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
1617
5.)A Resolution authorizing the City Manager to purchase Property Insurance
including Property and Crime, Boiler and Machinery, General Liability, Law
Enforcement Liability, Auto Liability, Public Officials Liability, Employment
Practices Liability, Cyber Liability, and Worker’s Compensation Insurance from
Public Risk Management of Florida (PRM) for Fiscal Year 2020-2021. 3/5 (City
Manager-Human Resources)
6
CITY COMMISSION MINUTES
August 18, 2020
6
1
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve2
Resolution No. 103-20-15543 authorizing the City Manager to purchase Property Insurance 3
including Property and Crime, Boiler and Machinery, General Liability, Law Enforcement Liability, 4
Auto Liability, Public Officials Liability, Employment Practices Liability, Cyber Liability, and 5
Worker’s Compensation Insurance from Public Risk Management of Florida (PRM) for Fiscal Year 6
2020-2021 passed by a 5 - 0 vote:7
8
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
910
6.)A Resolution consenting to and confirming the appointment by the City
Manager of Andres Figueroa as the Building Director for the City of South Miami.
3/5 (City Manager)
11
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve12
Resolution No. 104-20-15544 consenting to and confirming the appointment by the City Manager 13
of Andres Figueroa as the Building Director for the City of South Miami passed by a 5 - 0 vote:14
15
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
1617
9.)A Resolution authorizing the City Manager to expend an amount not to exceed
$58,750 to LG Pro Roofing Corp. for the installation of a new roof at the Mobley
building. 3/5 (City Manager-Parks & Recreation)
18
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve19
Resolution No. 105-20-15545 authorizing the City Manager to expend an amount not to exceed 20
$58,750 to LG Pro Roofing Corp. for the installation of a new roof at the Mobley building passed21
by a 5 - 0 vote:22
23
Yea:Mayor Philips
7
CITY COMMISSION MINUTES
August 18, 2020
7
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
12
10.)A Resolution authorizing the City Manager to expend $8,600 with Otto
Environmental Systems North America, Inc. for the purchase of new residential
garbage containers. 3/5 (City Manager-Public Works Dept.)
3
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve4
Resolution No. 106-20-15546 authorizing the City Manager to expend $8,600 with Otto 5
Environmental Systems North America, Inc. for the purchase of new residential garbage 6
containers passed by a 5 - 0 vote:7
8
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
910
O) RESOLUTION(S)
1112
7.)A Resolution authorizing the City Manager to negotiate and to enter into an
agreement with Electrical Contracting Service, Inc. for new tennis court lighting
and other improvements at Dante Fascell Park. 3/5 (City Manager-Parks &
Recreation)
13
Vice Mayor Welsh pulled this item to discuss the two options presented with and without 14
parking lot lighting.15
16
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve17
Resolution No. 107-20-15547 authorizing the City Manager to negotiate and to enter into an 18
agreement with Electrical Contracting Service, Inc. for new tennis court lighting and other 19
improvements at Dante Fascell Park passed by a 5 - 0 vote:20
21
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
8
CITY COMMISSION MINUTES
August 18, 2020
8
Commissioner Harris
Commissioner Gil
Nay:None
1
23
8.)A Resolution authorizing the City Manager to pay Stantec to complete
professional engineer services for various improvements at Marshall Williamson
Park. 3/5 (City Manager-Parks & Recreation)
4
Vice Mayor Welsh pulled this item to inquire about placing basketball courts at Marshall 5
Williamson Park.6
7
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve8
Resolution No. 108-20-15548 authorizing the City Manager to pay Stantec to complete 9
professional engineer services for various improvements at Marshall Williamson Park passed by 10
a 5 - 0 vote:11
12
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
13
14
It was moved Commissioner Liebman and seconded by Vice Mayor Welsh to hear item 15
#Ba now. The motion passed unanimously.16
1718
Ba.)An Ordinance authorizing a Loan to be evidenced by the issuance of Capital
Improvement Revenue Refunding Note, Series 2020, in the principal amount
not to exceed $5,100,000, for the purpose of refinancing certain of the City’s
outstanding indebtedness and paying the costs of issuance of the Note and of
refinancing such indebtedness; covenanting to annually budget and appropriate
funds from Non-Ad Valorem Revenues to repay such Note; providing the form,
terms and details of the Note; awarding the Note to JPMorgan Chase Bank, N.A.
by negotiated sale; making certain covenants and agreements in connection
therewith; authorizing and directing officers and employees of the City to take
all necessary actions and execute all necessary documents. 3/5 (City Manager-
Finance Dept.)
19
9
CITY COMMISSION MINUTES
August 18, 2020
9
Moved by Commissioner Liebman, seconded by Vice Mayor Welsh, the motion to approve1
this ordinance on first reading passed by a 5 - 0 vote:2
3
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
45
11.)A Resolution of the Mayor and City Commissioners of the City of South Miami
proclaiming September2020 as Childhood Cancer Awareness Month in the City
of South Miami. 3/5 (Mayor Philips)
6
Moved by Mayor Philips, seconded by Commissioner Harris, the motion to approve7
Resolution No. 109-20-15549 of the Mayor and City Commissioners of the City of South Miami 8
proclaiming September 2020 as Childhood Cancer Awareness Month in the City of South Miami9
passed by a 5 - 0 vote:10
11
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
1213
12.)A Resolution of the Mayor and City Commissioners of the City of South Miami,
Florida, authorizing the City Attorney to sign onto the amicus submission being
filed in the Saachi v. Argentina, et al. case before the United Nations Committee
on the Rights of the Child. 3/5 (Mayor Philips)
14
Moved by Vice Mayor Welsh, seconded by Commissioner Gil, the motion to approve15
Resolution No. 110-20-15550 of the Mayor and City Commissioners of the City of South Miami, 16
Florida, authorizing the City Attorney to sign onto the amicus submission being filed in the Saachi 17
v. Argentina, et al. case before the United Nations Committee on the Rights of the Child passed18
by a 5 - 0 vote:19
20
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
10
CITY COMMISSION MINUTES
August 18, 2020
10
Commissioner Harris
Commissioner Gil
Nay:None
12
Bb.)A Resolution of the Mayor and City Commissioners of the City of South Miami
encouraging the City Manager to authorize certain indoor dining that is exposed
to the outside elements. 3/5 (Commissioner Liebman)
3
Moved by Commissioner Liebman, seconded by Commissioner Harris, the motion to 4
approve Resolution No. 111-20-15551 of the Mayor and City Commissioners of the City of South 5
Miami encouraging the City Manager to authorize certain indoor dining that is exposed to the 6
outside elements passed by a 5 - 0 vote:7
8
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
910 P) RESOLUTION(S) PUBLIC HEARING(S)
1112
Q) ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
1314
13.)An Ordinance amending the Code of Ordinances, Chapter 4, Section 4-2,
“Distance requirements, nonconforming use; certificate of occupancy” and
Section 4-6. - Definitions; hours of operation. 3/5 (Commissioner Gil)
15
The public hearing on this item was opened and closed with no speakers.16
17
Moved by Commissioner Gil, seconded by Commissioner Liebman, the motion to approve18
Ordinance No. 24-20-2378 amending the Code of Ordinances, Chapter 4, Section 4-2, “Distance 19
requirements, nonconforming use; certificate of occupancy” and Section 4-6. - Definitions; hours 20
of operation passed by a 5 - 0 vote:21
22
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
11
CITY COMMISSION MINUTES
August 18, 2020
11
Nay:None
1
23
14.)An Ordinance amending the Land Development Code to support development
of legally nonconforming lots of record, including amendment to Sections 20-
3.5 Dimensional Requirements and 20-4.8 Nonconforming uses and structures.
5/5 (Commissioner Liebman)
4
The public hearing on this item was opened and closed with no speakers.5
6
Moved by Vice Mayor Welsh, seconded by Commissioner Liebman, the motion to approve7
this item failed by a 4 - 1 vote:8
9
Yea:Mayor Philips
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:Vice Mayor Welsh
10
1112
15.)An Ordinance amending the City of South Miami Code of Ordinances, Chapter
1, Section 1-2 to amend the rules of construction and Chapter 2, Article III,
Section 2-22 to authorize members of certain Boards to serve until a successor
is appointed to replace them. 3/5 (City Attorney)
13
The public hearing on this item was opened and closed with no speakers.14
15
Moved by Commissioner Gil, seconded by Commissioner Harris, the motion to approve16
Ordinance No. 25-20-2379 amending the City of South Miami Code of Ordinances, Chapter 1, 17
Section 1-2 to amend the rules of construction and Chapter 2, Article III, Section 2-22 to authorize 18
members of certain Boards to serve until a successor is appointed to replace thempassed by a 519
- 0 vote:20
21
Yea:Mayor Philips
Vice Mayor Welsh
Commissioner Liebman
Commissioner Harris
Commissioner Gil
Nay:None
2223
12
CITY COMMISSION MINUTES
August 18, 2020
12
R) ORDINANCE(S) FIRST READING(S)
12
16.)An Ordinance of the City of South Miami, Florida, abandoning the alleyway
located between SW 62nd Avenue and SW 62nd Court from SW 64 Street to SW
68th Street (the Alleyway) and for the reversion of title of said property to the
abutting property owners. 3/5 (Vice Mayor Welsh & Commissioner Harris)
3
After some discussion, it was moved by Vice Mayor Welsh and seconded by Commissioner 4
Harris to defer this item. The motion failed by a 2-3 vote.5
6
Yea:Vice Mayor Welsh
Commissioner Harris
Nay:Mayor Philips
Commissioner Liebman
Commissioner Gil
7
Moved by Vice Mayor Welsh, seconded by Commissioner Harris, the motion to approve8
this item on first reading failed by a 2 - 3 vote:9
10
Yea:Vice Mayor Welsh
Commissioner Harris
Nay:Mayor Philips
Commissioner Liebman
Commissioner Gil
1112
S) ADJOURNMENT
13
There being no further business to come before this Body, the meeting was adjourned at 14
8:48 p.m.15
16
Attest:
_________________________
Nkenga A. Payne
City Clerk
Approved:
_________________________
Sally B. Philips
Mayor
17
13