agenda
MAYOR: Philip K. Stoddard ACTING CITY MANAGER: Roger M. Carlton
VICE MAYOR: Valerie Newman CITY ATTORNEY: Laurence Feingold
COMMISSIONER: Velma Palmer CITY CLERK: Maria M. Menendez
COMMISSIONER: Brian D. Beasley
COMMISSIONER: Walter A. Harris
CITY COMMISSION AGENDA
City Commission Meeting
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10
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Regular Meeting date: April 19, 20 Time: 7:30 PM
ext Meeting date: May 4, 2010 Time: 7:30 PM N
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-
legislative, quasi-judicial and administrative action.
CALL TO ORDER:
A. Please silence or turn off all cell phones. If you must
the room: speak please leave
s): B. Add-On Item(
C. Roll Call:
D. Moment of Silence:
E. Pledge of Allegiance:
F. Lobbyists addressing the City Commission tonight must have
ity Clerk as indicated above. been registered with the C
resentation(s) 7:00 p.m. G. P
1) Brian Traylor, South Florida Regional Planning Council
Clean Cities Coalition (Energy Efficiency & Conservation
Block Grant)
2) Explorers Winning Competition
REGULAR CITY COMMISSION
AGENDA – April 19, 2010 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of April 6, 2010
2. City Manager’s Report (25 minutes)
a) Report on issues related to location of group homes: (1)
Munder Group Home at 6647 SW 63 Avenue (2) Land
Development Code regulations on group homes and a
potential amendments. This will be a joint report from
the Planning Director and the City Attorney relative to
State law and the location of group homes in certain
neighborhoods.
b) Hurricane Preparedness: This will be a report from Major
Michael Mills of the South Miami Police Department
regarding the 2010 Hurricane Preparedness Plan. The
Hurricane Preparedness Plan is in the agenda package.
c) Red Road Commons Development Agreement Affordable Housing
$100,000 payment. This is a verbal report from the Acting
City Manager regarding the status of a $ 100,000
contribution by Red Road Commons to fund affordable
housing.
d) Status Report regarding conversion of a proposed
Pedestrian Bridge on US 1 and Sunset Drive to an at-grade
pedestrian safety improvement. There will be a
presentation from Miami Dade Transit Agency (MDTA)staff
regarding Miami Dade County’s desire to substitute $1.5
Million grant approved by the 2008 Legislature with other
grant in order to allow the original funds to build a
“Park and Ride” at the Quail Roost Drive South Dade Busway
Stop.
e) Installation of graffiti cameras. The Acting City Manager
will give a verbal report regarding the start-up of the
program.
f) Referral of City of South Miami Charter requirement to
provide a departmental performance audit every five years
to the Audit Committee and Budget and Finance Committee
for recommendations as to definition of Scope of Work,
timing, priorities and funding source to meet the
requirement.
g) Murray Park Pool very Preliminary Draft Scope of Work.
There will be a discussion by the City Commission
regarding a very Preliminary Draft Scope of Work for the
Murray Park Pool. The intent is for the City Commission
to give direction regarding community input to the Scope
of Work while still meeting time deadlines imposed by
Miami Dade County.
REGULAR CITY COMMISSION
AGENDA – April 19, 2010 2
h) Verbal report regarding recruitment for Public Works
Director, Finance Director, Parks & Recreation Director
and Human Resource Manager. The Acting City Manager will
brief the City Commission on the status of these four
senior level recruitments.
i) Fourth of July Celebration. This will be a discussion
regarding the scope, cost and funding sources for the
Fourth of July Celebration.
j) Traffic Calming at SW 62nd Avenue and 42nd Street. This
will be a request to schedule a community meeting
regarding the design of a proposed traffic calming project
at SW 62nd Avenue and 42nd Street.
3. City Attorney’s Report (15-minutes)
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
a) Recruiting for vacancy in the SMCRA Board.
(Mayor Stoddard)
(UNFINISHED BUSINESS)
5. A resolution of the mayor and City Commission of the
City of South Miami, Florida, relating to hiring a
professional search service firm to assist the City
Commission in the process of hiring a permanent city
manager; and providing an effective date. 3/5
(A resolution relating to hiring an executive search company to assist
the City Commission in the process of hiring a permanent city manager)
(Vice Mayor Newman)
(END OF UNFINISHED BUSINESS)
(BEGINNING OF CONSENT)
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to accept a grant from the Robert Wood
Johnson Foundation Active Living Research Program that
would allow Project Rise to observe physical activity
REGULAR CITY COMMISSION
AGENDA – April 19, 2010 3
at the After School House Program; providing an
effective date. 3/5
(A resolution authorizing the Acting City Manager to accept a grant from
the Robert Wood Johnson Foundation Active Living Research Program that
would allow Project Rise to observe physical activity at the After School
House Program)
(Acting City Manager)
7. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Joseph Russo to serve on the
Park and Recreation Board for a two-year term ending
April 18, 2012; and providing an effective date. 3/5
(A resolution appointing Joseph Russo to the Park/Rec Bd for a 2-yr term
ending 4/18/12)
(Vice Mayor Newman)
8. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Antoinette B. Fischer to serve
on the Citizens Advisory Group (Community Gardens &
Farmers Market) for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution appointing Antoinette B. Fischer to serve on the Citizens
Advisory Group (Community Gardens & Farmers Market) for a 2-yr term
ending 4/18/12)
(Commissioner Harris)
9. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Penny McCrea to serve on the
Citizens Advisory Group (Urban Landscape) for a two-
year term ending April 18, 2012; and providing an
effective date. 3/5
(A resolution appointing Penny McCrea to serve on the Citizens Advisory
Group (Urban Landscape) for a 2-yr term ending 4/18/12)
(Mayor Stoddard)
10. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Harvey Bernstein to serve on the
Citizens Advisory Group (Urban Landscape) for a two-
year term ending April 18, 2012; and providing an
effective date. 3/5
(A resolution appointing Harvey Bernstein to serve on the Citizens
Advisory Group (Urban Landscape) for a 2-yr term ending 4/18/12)
(Committee of the Whole)
11. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Donna Shelley to serve on the
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AGENDA – April 19, 2010 4
Commission for Women for a two-year term ending April
18, 2012; and providing an effective date. 3/5
(A resolution appointing Donna Shelley to serve on the Commission for
Women for a 2-yr term ending 4/18/12)
(Committee of the Whole)
12. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Gray Read to serve on the
Green Task Force for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution re-appointing Grey Read to serve on the GTF for a 2-yr term
ending 4/18/12)
(Committee of the Whole)
13. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Kristin Hebert to serve on
the Green Task Force for a two-year term ending April
18, 2012; and providing an effective date. 3/5
(A resolution re-appointing Kristin Hebert to serve on the GTF for a 2-yr
term ending 4/18/12)
(Commissioner Harris)
14. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Marice Chael to serve on the
Green Task Force for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution re-appointing Marice Chael to serve on the GTF for a 2-yr
term ending 4/18/12)
(Committee of the Whole)
15. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Buck Reilly to serve on the
Green Task Force for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution appointing Buck Reilly to serve on the GTF for a 2-yr term
ending 4/18/12)
(Mayor Stoddard)
16. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Thomas Kosky to serve on the
Pension Board for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution appointing Thomas Kosky to serve on the Pension Board for a
2-yr term ending 4/18/12)
(Mayor Stoddard)
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AGENDA – April 19, 2010 5
17. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Javier Baños to serve on the
Pension Board for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution re-appointing Javier Baños to the Pension Bd for a 2-yr
term ending 4/18/12)
(Vice Mayor Newman)
18. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Peter Isern to serve on the
Pension Board for a two-year term ending April 18,
2012; and providing an effective date. 3/5
(A resolution re-appointing Peter Isern to serve on the Pension Board for
a 2-yr term ending 4/18/12)
(Committee of the Whole)
(END OF CONSENT)
RESOLUTION (S)
19. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the Pension
Ad Hoc Committee; providing for the extension of
membership. 3/5
(A resolution relating to the Pension Ad Hoc Committee; providing for the
extension of membership)
(Vice Mayor Newman)
20. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to purchase Five (5) 2010 Ford Crown
Victoria Police Interceptor (CVPI) vehicles from Gus
Machado Ford for an amount of $126,700.00 and
authorizing the Acting City Manager to seek the lowest
bidder for financing of four (4) of the vehicles for an
amount of $101,360.00 from Police Vehicle
Lease/Purchase Account # 001-1910-521-4450 and the
fifth vehicle to be funded from the American Recovery
and Reinvestment Act Grant in the amount of $25,340.00
and authorizing the expenditure of not more than
$24,754.80 for emergency equipment and installation
from Dana Safety Supply and $1,957.80 for graphics
installation by Graphics Design International for five
(5) vehicles from Police Operating Equipment Account #
001-1910-521-6430, Providing for an effective date. 3/5
REGULAR CITY COMMISSION
AGENDA – April 19, 2010 6
(A resolution authorizing the Acting City Manager to purchase (5) 2010
Ford Crown Victoria Police Interceptor vehicles from Gus Machado Ford for
an amt of $126,700; and authorizing the ACM to seek the lowest bidder for
financing (4) of the vehicles for an amt of $101,360; and a 5th vehicle to
be funded from the ARRA grant in the amt of $25,340; authorizing the
expenditure of not more than $24,754.80 for emergency equip/installation
from Dana Safety Supply; and $1,957.80 for graphics installation by
Graphics Design Int’l for (5) vehicles)
(Acting City Manager)
21. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, ratifying the prior
termination of W. Ajibola Balogun as City Manager and
expressing the desire of the City Commission not to
reinstate or re-employ W. Ajibola Balogun, as City
Manager under any circumstances; and providing for an
effective date. (Deferred 4/06/10) 3/5
(A resolution ratifying the prior termination of W. Ajibola Balogun as
City Manager and expressing the desire of the City Commission not to
reinstate or re-employ W. Ajibola Balogun, as City Manager under any
circumstances)
(City Attorney)
22. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida directing the Planning and
Zoning Department and the Planning Board to consider an
ordinance revising Land Development Code Section 20-
3.1(E) entitled “Business Outside a Building” in order
to clarify the current regulation by establishing
specific limitations on type and extent of conducting
business outside of a building and a process for
obtaining both permanent and temporary permits; and
providing for an effective date. 3/5
(A resolution directing the P/Z Dept and the PB to consider an ordinance
revising LDC Sec. 20-3.1(E) entitled “Business Outside a Building” in
order to clarify the current regulation by establishing specific
limitations on type and extent of conducting business outside of a
building and a process for obtaining both permanent and temporary
permits)
(Acting City Manager)
23. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Jaquira Wilson to serve on the
South Miami Community Redevelopment Agency (SMCRA)
Board for a two-year term ending April 5, 2012; and
providing an effective date. (Deferred 4/06/10) 3/5
(A resolution appointing Jaquira Wilson to serve on the SMCRA Bd for a 2-
yr term ending 4/05/12)
(Commissioner Beasley)
REGULAR CITY COMMISSION
AGENDA – April 19, 2010 7
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
24. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to a request to
amend the official zoning map of the City of South
Miami Land Development Code by designating a
commercial building located at 7221 SW 58 Avenue (aka
Bougainvillea Tavern) and legally described as being a
portion of Lots 51 and 52, less east 50 feet, in
W.A.Larkin’s Subdivision, recorded in Plat Book 3, page
198 of Miami-Dade County Public Records, as an historic
site and by placement of an Historic Preservation
Overlay Zone (HP-OV) over the existing zoning use
district for this property; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 4/5
(Acting City Manager)
25. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Article VI,
Purchasing, of Chapter 2 of the City Code, to provide
for and regulate Design-Build Contracts; providing for
conflicts, severability and an effective date. 3/5
(Mayor Stoddard)
26. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the South Miami
Code of Ordinances in order to remove existing Section
15-100 entitled “Malicious defacement, marking of real
property” and creating a new Section 15-100 entitled
“Graffiti and graffiti removal” which contains the
following sections; definitions; prohibited activity;
possession of spray paint and markers; anti-graffiti
trust fund; declaration of nuisance; responsibility of
property owners, graffiti removal and notice; appeals;
failure to comply, cost of removal, liens,
foreclosures; disputing assessed costs; providing for
severability; providing for ordinances in conflict; and
providing for an effective date. 3/5
(Acting City Manager)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
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AGENDA – April 19, 2010 8
REGULAR CITY COMMISSION
AGENDA – April 19, 2010 9
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
27. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to finance the purchase of four (4) 2010
Ford Crown Victoria Police Interceptors for a total
amount of $101,360.00 and accepting the interest rate
of 3.08% for a five (5) year financing term through
Suntrust Bank with twenty (20) quarterly payments in
the amounts of $5,487.70 and charging to the Police
Department’s Vehicle Lease/Purchase Account Number
001-1910-521-4450; Providing for severability,
ordinances in conflict, and an effective date. 4/5
(Acting City Manager)
28. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, related to the Code of
Ordinances, amending Section 2.26.12 (a) and (c)
entitled "Green Task Force," in order to amend the
membership composition of the Task Force; providing for
severability, ordinances in conflict; and providing an
effective date. 3/5
(Mayor Stoddard)
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.”
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.