agendaSouth Miami
AII- Ame6eaiiy
2001
CITY COMMISSION AGENDA
City Commission Meeting
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340
City of South Miami Ordinance No. 08 -06 -1876 requires all
lobbyists before engaging in any lobbying activities to register with
the City Clerk and pay an annual fee of $500.00 per Ord. No. 44 -08-
1979. This applies to all persons who are retained (whether paid or
not) to represent a business entity or organization to influence
"City" action. "City" action is broadly described to include the
ranking and selection of professional consultants, and virtually all -
leaislative, quasi- iudicial and administrative action.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Lobbyists addressing
been registered with
E. Presentation(s) 7:00
(NONE)
the City Commission tonight must have
the City Clerk as indicated above.
P.m.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION
AGENDA - February 16, 2010
1
Regular Meeting date:
February
16, 2010
Time:
7:30
PM
Next Meeting date:
March 2,
2010
Time:
7:30
PM
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340
City of South Miami Ordinance No. 08 -06 -1876 requires all
lobbyists before engaging in any lobbying activities to register with
the City Clerk and pay an annual fee of $500.00 per Ord. No. 44 -08-
1979. This applies to all persons who are retained (whether paid or
not) to represent a business entity or organization to influence
"City" action. "City" action is broadly described to include the
ranking and selection of professional consultants, and virtually all -
leaislative, quasi- iudicial and administrative action.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Lobbyists addressing
been registered with
E. Presentation(s) 7:00
(NONE)
the City Commission tonight must have
the City Clerk as indicated above.
P.m.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION
AGENDA - February 16, 2010
1
1. Approval of Minutes
a) Minutes of January 26, 2010
b) Minutes of February 2, 2010
2. City Manager's Report (25 minutes)
a) Florida Power & Light Transmission Line Undergrounding
Status Report (Verbal)
b) Report on Graffiti Task Force Initial Meeting
c) Discussion of Potential Homeless Task Force (Verbal)
d) Follow up to State and Federal Legislative Workshop
e) Appointment of Acting Finance Director Lisette Rivera
f) Report on Ad Hoc Pension Advisory Committee Initial
Meetings
g) Annual Report from Miami -Dade Fire Rescue Regarding
Operation of South Miami Fire /Rescue Station
h) Tinted Windows on Police Vehicles: Response to Citizen
Inquiry
i) South Miami Single - Family and Condo Inventory and Sales
and South Miami Rental Statistics Analysis by Esslinger-
Wooten- Maxwell Realtors
j) Potential Delegation of Regulatory Powers for City Streets
by Miami -Dade County
k) Ludlum Trail Design Guidelines and Standards Public
Meeting Announcement
1) SW 62 "d Avenue Striping Design Discussion
m) Travel Basketball Registration Process
n) Co- Designation (Street Naming) for Judge Block scheduled
for Thursday, February 25, 2010 at 10:00 a.m. (Verbal)
o) Setting Workshops for Dison and Dog Parks Design (Verbal)
p) Vendors Over $5,000 for January 2010
3. City Attorney's Report (15- minutes)
a) The Mediation hearing which was previously continued on
the claim of former City Manager, W. Ajibola Balogun, was
again heard before retired Supreme Court Justice, Gerald
Kogan, on February 12, 2010. Appearing for the City were
Acting City Manager, Roger M Carlton, Deputy City
Attorney, Mark Goldstein and Labor Attorney, Jim Crosland.
Mediation is designed as a closed proceeding held outside
of the requirements of the Sunshine Law. If they have
reached an acceptable settlement in the judgment of our
team, this item will be brought before you for final
approval. (Verbal)
b) The City attorney in conjunction with the Acting City
Manager determined that the Special Master's Opinion on
the South Miami Code violation case in favor of South
REGULAR CITY COMMISSION 2
AGENDA - February 16, 2010
Miami Hospital was flawed. The City Attorney will and must
support Code Enforcement when they bring charges that
appear meritorious against a property owner without regard
as to whether said property owner is a Mom and Pop
operation or a large corporation. Thus the attached appeal
filed by Deputy City Attorney, Mark Goldstein has been
filed. An appeal of this nature by a City is known as a
Petition for Certiorari. Notwithstanding our belief that
the Master's Opinion was erroneous, the Opinion comes
before the Appellate Division with a strong presumption of
Correctness and we may not prevail for that reason.
Nevertheless I deem it necessary and proper to file said
appeal even if we do not prevail. The mere filing of an
Appeal sends this message that we believe we are right and
we will not be a paper tiger. As with all litigation,
there are no additional attorney's fees charged to the
City for this Certiorari by the City Attorney and Court
Costs are minimal. I commend Mr Goldstein for being so
diligent working on a "no fee" case on Super Bowl weekend.
(Exhibit A)
c) Bert J. Harris Act Report - Attached hereto is a legal
opinion on the Bert J. Harris Act that should bring
clarity to certain issues as well as threatened
litigation. (Exhibit B)
d) Florida Power & Light - The City Attorney's Office has
successfully made the City of South Miami a party to the
present proceedings before the Public Service Commission.
Under the prior Administration the decision was made not
to be a party. (Verbal)
PUBLIC REMARKS
(5 minutes)
COMMISSION REPORTS, DISCUSSION
AND REMARKS
(25 minutes)
a) Scheduling a Community Meeting for Saturday, February 20,
2010 at 10:00 a.m. at the Gibson - Bethel Community Center.
(Mayor Stoddard)
(CONSENT)
(NONE)
REGULAR CITY COMMISSION 3
AGENDA - February 16, 2010
RESOLUTION (S)
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO REPRESENT VICE MAYOR VALERIE NEWMAN BEFORE
THE STATE ATTORNEY IN CONJUNCTION WITH AN INQUIRY INTO
THE CIRCUMSTANCES OF THE DISCHARGE OF FORMER CITY
MANAGER W. AJIBOLA BALOGUN; AND PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO REPRESENT VICE MAYOR VALERIE
NEWMAN BEFORE THE STATE ATTORNEY)
(Commissioner Beasley)
S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE
LEAGUE OF CITIES REPRESENTATION; APPOINTING COMMISSIONER
BRIAN D. BEASLEY AS COMMISSION LIAISON TO THE MIAMI -DADE
LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING COMMISSIONER BRIAN D. BEASLEY AS COMMISSION
LIAISON TO THE MIAMI -DADE LEAGUE OF CITIES)
(Vice Mayor Newman)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION
OF THE ACTING FINANCE DIRECTOR AS SIGNATORY IN CITY BANK
ACCOUNTS; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE ACTING FINANCE DIRECTOR AS SIGNATORY IN CITY
BANK ACCOUNTS)
(Acting City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE ACTING CITY
MANAGER TO DO BETA TESTING WITH OPTICAL CRIME
PREVENTION, INC. (OCP) FOR VANDALISM AND GRAFFITI AT NO
CHARGE TO THE CITY; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO DO BETA TESTING WITH
OCP FOR VANDALISM AND GRAFFITI AT NO CHARGE TO THE CITY)
(Acting City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DECLARING THAT IT IS THE
POLICY OF THE CITY OF SOUTH MIAMI TO NOT DO BUSINESS
WITH ANY VENDORS DOING BUSINESS WITH IRAN OR SUDAN OR
ANY TERRORIST COUNTRY OR GROUP; PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION DECLARING THAT IT IS THE POLICY OF THE CITY OF SOUTH MIAMI TO
NOT DO BUSINESS WITH ANY VENDORS DOING BUSINESS WITH IRAN OR SUDAN OR ANY
TERRORIST COUNTRY OR GROUP)
(City Attorney)
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AGENDA - February 16, 2010
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FEE
SCHEDULE; AMENDING ORDINANCE 21 -09 -2013 TO AMEND
TEMPORARY FULL ROADWAY AND SIDEWALK CLOSURE PERMIT FEES
SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Acting City Manager)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST
(NONE)
CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS.
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2- 2.1(K)(2)
OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON
MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE
COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,
UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY'
VOTE OF THE COMMISSION. 11
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
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AGENDA - February 16, 2010