A:~i~iS$I!'J~1f~:~ 'my COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE'CrTY CLERK' APPROVAtb~MINUTE~>!:i"i

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1 1 2 g ~ City of South Miami Regular City Commission Minutes G. PRESENTATIONS A Leadership award by the PBA was presented to Chief Orlando Martinez de Castro. A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) C. ROLL CALL The following members :B;Hhe City c;~~i~~j'b;::~ere present: COlmissioner Harris, Commissioner Welsh, Commission~,~~:ewman, Vice M~\ldr Liebman, Mayor Stoddard. Also in attendance were: d~yattor~~y'thoma~f,pepe, Esq., City Manager Hector Mirabile, Ph.D, and City~lerkiMaria M. M~nendez,Cl'Vlq, D. E. F. H. "':.::~.::~:;:::\~::" By.Commissi(M~l::HaHi PLEDGE of~tl~!gia:'2~/'.. ~OBBYIST(S) A:~i~iS$I!'J~1f~:~ 'my COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE'CrTY CLERK' APPROVAtb~MINUTE~>!:i"i a) Minut:i;Jt~t~':o, 20 2 Moved by Mayor Stoddard, seconded by Vice Mayor Liebman, the motion to approve Minutes of May, 20, passed by a 5-0 vote: 5 Commissioner Harris Commissioner Welsh Commissioner Newman 1

2 Vice Mayor Liebman Mayor Stoddard b} Minutes of May, 20 Moved by Mayor Stoddard, seconded by Vice Mayor Liebman, the motion to approve 5 Minutes of May, 20, passed by a 5-0 vote: Commissioner Hadl~ '.. Commissioner W~'l~h Commissio.O:~P N~~man Vice M~ ~~:~j~bman Mayor;S\~:~~ard I. CITY MANAGER'S REPORT ~ (See Attached) a d' VA~civelgSM_CityManagerBriefings20 /CM%20Manager'%.2QReport%j2.~J.une%205~%Q~i2.pdF;\ J. CITY ATTORNE:'~:~~ }L " HOI~i~}~~ii;;wall'",~litl~nh~~!'~e:~1{~rved - the city attorney requested an at :05 p.m. to discuss this issue, as well as the SE Investment Group matter.h~: a.lso r~wbrted about a new lawsuit on the pension issue. " "'. T,=>,,~~,:5\', " attorn'ey-client sessionfu,jline ~25!i2J) "'-':"::'<'::-" PU BLiCREMARKS Manysp~i~;~~q;?pb\~~J in favor of the South Miami United Soccer Program (SMU), some of which were re~ia~bts of Coral Gables and nearby neighborhoods; there were also residents from South Miar-:,tsuch as President of South Miami United, Patrick Flood, Carmen Salas and others. Dick Ward also addressed the Commission in support of SMU; none of the speakers signed up as required. 2 John Edward Smith urged the Commission to conduct the meeting with more 2 efficiency. He then referred to the awards received by Police Chief Martinez de Castro. 0 2

3 1 A South Miami new resident addressed the Commission regarding a South Miami 2 summer school program that she runs in the City. For further information she provided the following telephone number H Antoinette Fischer spoke about the inconvenience caused by the Twilight 5K.Run held on Sunday where some streets were closed for the event. She then spoke against item no. on the agenda. Sharon McCain spoke against item no. onth~/agenda. She then spoke about public records requests...fi,,;.. regarding item no.. Florida Power and Light Area Mana eri:: ~~~on~~;.t~j;;:i;lddressed the Commission Beth Schwartz spoke in support ~~:i~lti~ no. 5 and no.. Sh~;~ISP referred to issues relating to a previous resolution regarding censuriw~!~!!~oltlp)issioner.. resse~!~~;~'c~mmission in supp~~~of item no ~2 Com m issio'!" Labrador retriever;......c~:m!i~~i~ri~~? Ne being coriducted by somj~;~if.i~s. S help from thecpmmunity ;g~that she, c/ \:}::'>:, :.:..... ferr~d{t~;'an e to help by temporarily adopting a initiative against the use of plastic bags ". spoke about a City resident in distress who will need return to her home which is apparently in need of May~;1~';clp,~rd a~~~ about the status on the pool contract; Dr. Mirabile said that repair. the drawings will go befor,e~~i~ac. With regard to the bathrooms, Dr. Mirabile referred to the floor plan presented withhis;)~~ port. About the PACE agreement, the Mayor said that it is on hold until final details are resolved; he then urged the Commission to consider the installation of red light cameras on dangerous intersections of USl because they could save lives.

4 M. CONSENT AGENDA 2. A Resolution authorizing the City Manager to accept $5, donation from Larkin Community Hospital for the 20 Fourth of July celebratory event. /5 (City Manager-Special Events) Moved by Commissioner Harris, seconded by Commissioner Newman, the motion to 5 approve Resolution no authorizing the City Manager to accept $5, donation from Larkin Community Hospital, passed by a!?20vote: 1., Commissioner H~fi~r';" Com m issiol1ef:',\i\i~lsh Commissib~cfNewman Vice M~Vt:.Liebman Mayor Sta~a d A Resolution aut~~~~rj;~~~;city Hospital to hold a HealtfiJ~lir;':~~,turdaY51'Y.fl~ :~n _eel to permit Larkin Community 2, 20, and closing down SW 0TH$treet and SW';'ft.Courtbetween SW'2>Avenue and SW 1 Avenue ' I{ ~ v~~j~~):... '".,.'.~.i.l<:',r"" Moved by MayorStodga~d'~~,BP~ed by ",ii' missioner Newman, the motion to approve R~sQI~~i?ino,.-:I.-i(\~tltlibriipg tli!~i~ity Manager to permit Larkin Community Hospital tb'!1()ld a Health Fcair ancfs'bsing dd\,0ri.:~,~ 0TH Street and SW 1 Court between SW 2 and's\i\f{jl Avenues fol'the ev~rh:ipissed by'~j'5-0 vote: '"'' >, ' ':.. '\:':.,':!>. :';:S~ c'brnmissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard. A Resolution requesting approval to permit the installation of a banner over the public right-of-way at 500 Sunset Drive to promote the "20th Annual International Mango Festival at Fairchild/' held by the Fairchild Tropical Botanic Garden on July through July, 20. /5 (City Manager-Planning & Zoning)

5 1 2 Moved by Mayor Stoddard] seconded by Commissioner Newman] the motion to approve Resolution no. --1 requesting approval to permit the installation of a banner over the public right-of-way at 500 Sunset Drive to promote the "20th Annual International 5 Mango Festival at Fairchild/' passed by a 5-0 vote: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Lieb lah' Mayor StoddClrd;?" 5a. A Resolution appointing Dong~r~t::I:ley to serve on theeiti~~ns Advisory Group (Community Gardens & Farmers'rYJ'Clrket) for ajl unexpired'term ending October ] 20. /5 1 Moved b~::~~::;::;a::~:~:) S:~>2o~miS~ionerNewman, the motion to approve Resolution n ";~~"r~;j;~\5 app~:v;" ing DI1n'~,~~h~lIey to serve on the Community Gardens & Farmers' t] pa~~<\?'y ya 5 - te;;;,)/'",.. CQmmiSS;;~~er Harris /. egifrlin issio rrer'welsh \;\ coffiffif~~l<:ine~ Newman ~:e;l ice Ma~dfriebman icryjayor Stoddard N~n~ AR@Sblution directing the City Manager to pay Luis Reiter, with the firm of Squi;'g"tSanders"(US) LLP the sum of $,021. for services rendered for the period ApriJ 2()i2; charging account no legal serviceslitigation. /5 (City Attorney) This item was pulled from the Consent for further discussion and clarification. 1 Mr. Pepe addressed the Commission regarding the status of efforts to recover 20 these costs. 5

6 1 Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve 2 Resolution no. --1 directing the City Manager to pay Luis Reiter the sum of $,021., passed by a 5-0 vote: Commissioner Harris Commissioner Welsh Commissioner Newman Vice Mayor Liebman Mayor Stoddard 1 routes. A Resolution directing the City;M~hager to ceaie. the current practice of putting notices on trash bins in'i~der to notify City residents of when garbage will be picked up during the we'ekof a national holiday:,~!;;:ii' /5 (Commission~h!Welsh & Vice. Mayor Liebr{}an) This item was pulled e con~~~i!f~fil ~;ther discussi~~;~~bout alternate Moved by Commis~in~r Welsh, approve Resolution n()~il2.0~~~~~~;~ dire of putting notices orijtr~sh bins;,;i.pt~!?;sed by <>>:.";;.>, Y~~~''i ;~Ol1lmissi... y;.;~.". '~:~~~&iebman,... the motion to rt()cease the current practice ~;'f;~...!m~tf~jl.. ewman ;l;;{i~i>~ice M ayorli ebm a n ;;;;M~yor Stoddard Nb'iie' Is N.....(:~;;? A Resolution instructing the City Attorney to hire outside legal counsel to intervene on/the City's behalf in the FPL rate case before the Florida Public Services Commission, for an amount not to exceed $25,000. /5 (Mayor Stoddard) Mayor Stoddard added further clarification regarding the purpose of the resolution. Vice Mayor Liebman said that he could not support the requested expenditure.

7 Vice Mayor Liebman said that he could not support the requested expenditure. Pinecrest Mayor Lerner was available to provide further information. Moved by Commissioner Welsh to amend the resolution to offer the law firm a deal that if the critical mass for this legal endeavor is not reached that we get our $25,000 back. Seconded by Commissioner Newman, the motion passed by a -1 vote (Liebman nay) Moved by Commissioner Welsh, seconded by MaYOr St~Jdard, the motion to approve as amended Resolution no instructing the',c:ityxattorney to hire outside legal counsel to intervene on the City's behalf in the FPL rat~)~asefqf amount not to exceed $25,000, passed by a - 2 vote: ".,in!>' Commiss,iQ~er Harris commis~ibq'~;~,welsh Mayor Stoddard. :J j&pqlllmissioner'newman "i>.~icema)'or Liebm~n Moved by Mayor Stp?dard, secohed b~;tdhjt?jssion~rl:-larris, the motion to approve '~{~ertoserve on the Citizens / Resolution no. 1--:.J;S~lW~~~~pPointingcADtoin~ti t Advisory Group (Corrfli'l~Wltyd~~d:~lls & Far~er~'rYi;~tk~t), ~~~:e.d by a 5-0 vote: ",,"C c c"<'_ '-:P _,,":' ',.,'''',,', '.' ;'~:';<'.'/' ~~~~;P. "";',.,<\).,- /2: F.,'-/",X~Binmissio ri~~-:.;welsh.;~:,: }}?:~:':::}";;»".,,Commissioner Harris C~;;'~issioneiNewman "i Vice MaybrLiebman 'j'y1pyor Stoddard, O. RESOLUTIC>N(SJ PUBLlC'HEARING(S). A Re~olt~ion/~~lated to the request for eight variances from Section of the City's [~ri'd Development Code. 1. to allow a.5' frontage where a 0' frontage is required; 2. to allow development on the lot which has,525 square feet where,000 square feet is required;. to allow 5' interior setback when.5' is required;. to allow ' front setback when 25' is required; 5. to allow.1' side street setback when ' is required;. to allow 2.' back setback when 25' is required;. to allow one parking space where two are required;. to allow maximum building coverage of % when 0% is

8 lot of record in an RS- zoning district at the NE corner of SW 2 Ave. and SW 2 Terr. Folio # , within the City's Community Redevelopment Area. (City Manager-Planning & Zoning) /5 Public Hearing opened and closed with no speakers. The Commission discussed the request, and the,majority concluded that the lot is too small. They were mainly concerned by setting a precec:!~dt.. The City Attorney provided an opinion expi~i~i~~'~ba~;,this is an unusual situation. Commissioner Welsh proposed anf~m~ffdment to gra~tvariances 1, 2 &, )_«~>::'! c '/, ' -.~~; M_.~ Ann Maning from the Miami-Dad~;Affrdable HOl..!sing Founa~tion was available to answer questions by the Commission.';;J/"ri:..?... ;,>.":iil~~g} g~)y Moved by Commissioner Welsh),s~~qnded by Mav,gr"Stoddard, the motion to approve Resolution related to the request for elgbt~~h~qc:es froms~~tiqn ofthe City'S Land Development Code, failed by a 1 - vot~::\ ~,::>~~~\... Y;~!\ N~~:. ;,)r:.<~,. Commi~~i'tl~~ Harris Commis;iher Welsh i~'i;.. issiorl~~':newman Vice :ijypr L\~bman P 'An Ordinance~hi'ending~~ction 20-. of the Land Development Code titled Spec:iaJ Excepti1"l~1within the T.O.D.D. district, in order to, among other things, include.'. the folldtving; a definition of special exception and Large Scale Development;.<provisions and conditions for review and approval; deleting minimumlofarea; providing for perpetual maintenance; and providing for the expiration and extension of approvals. /5 (City Manager-Planning & Zoning) Public hearing opened and closed with no speakers

9 1 The Mayor raised concern about the language in Section (E) relating to the 2 reapplication for development review and the Commission discussed the provision with staff. Moved by Commissioner Harris, seconded by Commissioner Welsh, the motion to 5 approve Ordinance no amending Section 20-. of the Land Development Code titled Special Exceptions within the T.O.D.D. district, passed by a 5-0 vote: Commissioner Commissioner Vice Mayor Mayor ~ i2 1 Q. ORDINANCE(S) FIRST READING R. ADJOURNMENT Attest Maria M. Menendez City Clerk