agenda
MAYOR: Philip K. Stoddard ACTING CITY MANAGER: Buford R. Witt
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
_______________________________________________________________
Regular Meeting date: September 7, 2010 Time: 7:00 PM
Special Meeting date (Budget): September 14, 2010 Time: 7:30 PM
Next Regular Meeting date: September 21, 2010 Time: 7:30 PM
pecial Meeting date:(Budget): September 28, 2010 Time: 7:30 PM S
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
G. Presentation(s) 7:00 p.m.
1. A “Thank You” presentation by US Census Bureau – Atlanta
Regional Census Center.
2. Proclamation for Alzheimer’s Memory Walk
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AGENDA – September 7, 2010 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of August 5, 2010
b) Minutes of August 12, 2010
c) Minutes of August 17, 2010
2. City Manager’s Report (25 minutes)
(Attached)
3. City Attorney’s Report (15-minutes)
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
(UNFINISHED BUSINESS)
ORDINANCE (S) FIRST READING
5. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-3.3
(D) of the Land Development Code entitled “Permitted
Use Schedule” in order to change the Group Home I use
category from a “P” Permitted use category to the “S”
Special Use category; and amending Section 20-3.4
entitled “Special use conditions” in order to set forth
general and special requirements applicable to Group
Home I uses; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
6. An ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-
5.19(E) of the Land Development Code entitled
“Certificates of Appropriateness” in order to provide
that decisions of the Historic Preservation Board on
certificates of appropriateness to be final; and
providing for an appeal of any decisions on
certificates of appropriateness to be made to the City
Commission; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
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AGENDA – September 7, 2010 2
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the South Miami
Code of Ordinances by creating Chapter 19A “Towing
Regulations”, regulating towing within the City;
providing for conflict, severability and an effective
date. (Approved 1st Reading 07/27/10) 3/5
(Commissioner Beasley)
8. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida relating to Article III
“Boards and Committees” of the Code of Ordinances;
amending Parks and Recreation Board section 2-26.3 (a)
and (c) by increasing the number of voting members
from seven (7) to nine (9); updating appointment of
membership to comply with Charter amendment approved by
the voters at the February 9, 2010 General and Special
Election; and, by amending the quorum; providing for
severability, ordinances in conflict, and an effective
date. 3/5
(Mayor Stoddard)
(END OF UNFINISHED BUSINESS)
(BEGINNING OF CONSENT)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20-4.3(N) to
permit the installation of a banner over Sunset Drive
to promote the Komen Race for the Cure a 5K Run/Walk
fund raising event sponsored by Team Foot Works to be
held in Bayfront Park on October 16, 2010; providing
for an effective date. 3/5
(A Resolution to permit the installation of a banner over Sunset Dr to
promote the Komen Race for the Cure a 5K Run/Walk fund raising event
sponsored by Team Foot Works to be held in Bayfront Park on 10/16/10)
(Acting City Manager)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the Acting
City Manager to hire a part time worker/instructor for
the Senior Citizens division to replace a former
employee who resigned; providing an effective date. 3/5
(A Resolution authorizing the ACM to hire a part-time worker for the Sr
Citizens Division to replace a former employee who resigned)
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AGENDA – September 7, 2010 3
(Acting City Manager)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $15,510.24 from account No.
001-1320-513-5210, Central Services Supplies,
settlements to account No. 001-1310-513-3450, City
Manager Contractual Services; providing and effective
date. 3/5
(A Resolution authorizing a transfer of $15,510.24 from the Central
Services Supplies Acct w/current bal$15,510.24 to the CM Contractual
Services Acct)
(Acting City Manager)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $500 from account No.001-
1310-513-4630, settlements to account No.001-1500-514-
4065, City Attorney’s Expense; providing an effective
date. 3/5
(A Resolution authorizing a transfer of $500 from Acct No. 001-1310-513-
4630 w/current bal$500 to the CA Expense Acct)
(Acting City Manager)
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $13,250 from account No.001-
2100-519-4720, settlements to account No.001-1340-513-
4630, Maintenance and Repair Computer Equipment $
7,850 and account No.001-1340-513-3450 Contractual
Services Infrastructure for $5,400; providing an
effective date. 3/5
(A Resolution authorizing a transfer of $13,250 from account No.001-2100-
519-4720 w/current bal$13,256.97 to the Maintenance & Repair Computer
Equip and the Contractual Services Infrastructure accts respectively)
(Acting City Manager)
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $40,000 from account No.001-
2100-519-2220, settlements to account No.001-2100-1310-
3450, City Manager Contractual Services Infrastructure;
providing an effective date. 3/5
(A Resolution authorizing a transfer of $40,000 from acct No.001-2100-
519-2220 w/current bal$44,142.63, to the City Manager Contractual
Services Infrastructure acct)
(Acting City Manager)
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing a transfer of $165 from account
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AGENDA – September 7, 2010 4
No.001.1410.513.6410 and a transfer of $4,524 from
account No.001.1410.513.6430, a total of $4,689,
settlements to account No.001.1410.513.5210, Finance
Operating Supplies; providing an effective date. 3/5
(A Resolution authorizing a transfer of $165 from acct
No.001.1410.513.6410 and a transfer of $4,524 from acct
No.001.1410.513.6430 w/current bals$165 & $4,524.30 respectively, to the
Finance Operating Supplies acct)
(Acting City Manager)
16. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida authorizing the Acting City
Manager to transfer funds from account #001-2000-572-6430
(Operating Equipment) in the amount of $5,906.31,
transferring this amount into account # 001-2020-519-4320
(Water) to pay a deficit for the Water & Sewer bill,
providing an effective date. 3/5
A Resolution authorizing a transfer of $5,906.31 from the Operating Acct
w/current bals$14,857.95, into the Water Acct)
(Acting City Manager)
17. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to issue a Purchase Order to A & Q Fence
Corp. for the purchase and installation of 340lf of
aluminum picket fence at Dante Fascell Park playground
in the amount of $6,400.00 to be charged to Public
Works Parks Maintenance & Repairs Operating Equipment
Account Number 001-1750-519-4620; providing for an
effective date. 3/5
(A Resolution authorizing the ACM to issue a PO to A&Q Fence for the
purchase and installation of aluminum picket fence at Dante Fascell Park
playground in the amt of $6,400.00 to be charged to Public Works Parks
Maintenance & Repairs Operating Equip Acct w/current bal$8,464.12)
(Acting City Manager)
18. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to issue a Purchase Order to Professional
Pavement Products, Inc. for the purchase of 25 MPH
speed limit signs, poles and installation hardware in
the amount of $14,258.95 to be charged to Local Option
Gas Tax Trust Fund Account Number 112-1730-541-3450;
providing for an effective date. 3/5
(A Resolution authorizing the ACM to issue a PO to Professional Pavement
Products, for the purchase of 25 MPH speed limit signs, poles and
installation hardware in the amt of $14,258.95 to be charged to the Local
Option Gas Tax Trust Fund Acct w/current bal$70,000)
(Acting City Manager)
19. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
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AGENDA – September 7, 2010 5
City Manager to execute a one-year service contract
with Bamaco Inc, and All Florida Tree & Landscape for
Emergency Debris Removal; providing for an effective
date. 3/5
(A Resolution authorizing the ACM to execute a one-year service contract
with Bamaco, and All Florida Tree & Landscape for Emergency Debris
Removal)
(Acting City Manager)
(END OF CONSENT)
RESOLUTION (S)
20. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to execute a contract agreement with
International Consulting Firm (IDC) a Multimedia and
information Technology Consulting Services in the
amount of $6,600.00; and providing an effective date.
(A Resolution authorizing the ACM to execute a contract agreement with
Int’l Consulting Firm (IDC) in the amt of $6,600.00) 3/5
(Acting City Manager)
21. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting
City Manager to terminate the take home vehicle program
for non-police staff; and providing for an effective
date. 3/5
(A Resolution authorizing the ACM to terminate the take home vehicle
program for non-police staff)
(Acting City Manager)
22. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; creating an Insurance Advisory Committee in
order to analyze the cost effectiveness and efficiency
of all City insurance policies; providing an effective
date. 3/5
(A resolution creating an Insurance Advisory Committee in order to analyze
the cost effectiveness and efficiency of all City insurance policies)
(Mayor Stoddard)
23. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, pursuant to Chapter 8A of
the Code of Ordinances, authorizing the reimbursement
of legal fees to Vice Mayor Newman; and providing an
effective date. 3/5
(A resolution authorizing the reimbursement of legal fees to Vice Mayor
Newman)
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AGENDA – September 7, 2010 6
(Mayor Stoddard)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(CONT’D)
24. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida amending the South Miami
Pension Plan, providing for an amendment to Section 16-
12, Definitions, to comply with current City policy
concerning the definitions of annual compensation,
final average compensation, department head, employee,
full time employee, participation and part-time
employee; amending Section 16-14(f)(1)(b) to allow
retired participants to change a beneficiary up to two
times at the participant’s cost in compliance with
Chapter 2009-97, Laws of Florida; amending the City of
South Miami Police Officers Retirement Trust Fund to
provide for compliance with chapter 2009-97, Laws of
Florida; amending Section 16-17(b) to eliminate the 3%
interest payment on return of contribution; providing
for severability; providing for codification; and
providing for an effective date. (Deferred 8/03/10) 3/5
(Acting City Manager)
25. 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. (Approved 1stRead.4/6/10) 4/5
(Motion to continue 4/19/10; Pulled from Agenda 6/02/10)
(Acting City Manager)
26. An Ordinance of the Mayor and City Commission of the
City of South Miami Florida, amending the Future Land
Use Map of the South Miami Comprehensive Plan by
changing the future land use category from Single-
Family Residential (Two-Story) to Parks and Open Space
for the property identified as All-America Park located
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AGENDA – September 7, 2010 7
at 6820 SW 64 Avenue (Folio No. 09-4025-000-0430);
providing for severability; providing for ordinances in
conflict; and providing an effective date. 4/5
(Acting City Manager)
27. An ordinance of the Mayor and City Commission of the
City of South Miami Florida, amending the Future Land
Use Map of the South Miami Comprehensive Plan by
changing the future land use category from Single-
Family Residential (Two-Story) to Parks and Open Space
for the property identified as Van Smith Park
located at 7800 SW 59 Avenue (Folio No. 09- 4036-039-
0020 and Folio No. 09-4036-039-0025); providing for
severability; providing for ordinances in conflict;
and providing an effective date. 4/5
(Acting City Manager)
28. An Ordinance of the Mayor and City Commission of the
City of South Miami Florida, amending the Future Land
Use Map of the South Miami Comprehensive Plan by
changing the future land use category from Single-
Family Residential (Two-Story) to Parks and Open Space
for the property identified as Dison Park located at
8051 SW 58 Avenue (Folio No. 09-4036-000-0520);
providing for severability; providing for ordinances in
conflict; and providing an effective date. 4/5
(Acting City Manager)
29. An Ordinance of the Mayor and City Commission of the
City of South Miami Florida, amending the Future Land
Use Map of the South Miami Comprehensive Plan by
changing the future land use category from Educational
(Four-Story) to Single-Family Residential (Two-Story)
for the property identified as the Rothan residence
located at 7435 SW 66 Avenue (Folio No. 09-4036-050-
0020); providing for severability; providing for
ordinances in conflict; and providing an effective
date. 4/5
(Acting City Manager)
30. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-6.1
(a)(3) of the Land Development Code entitled
“Administrative Entities-City Commission” in order to
revise provisions related to the vote requirement of
the City Commission on ordinances and resolutions
pertaining to the land use and development regulations
in order to make the voting requirement consistent with
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AGENDA – September 7, 2010 8
the Charter Amendment adopted November 4, 2008 and with
the interpretation of the Charter Amendment as set
forth in Resolution No. 53-10-13087; providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(Acting City Manager)
31. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-
5.16(F) of the Land Development Code entitled “Unity
of Title submittal procedures” in order to remove all
references to a Declaration of Restrictive Covenants in
Lieu of Unity of Title and subsection 20-5.16(F)
entitled “Required provisions to be included in the
Declaration of Restrictive Covenants in Lieu of Unity
of Title”; amending Section 20-7.30 (A) and Section 20-
8.16 (A) to remove all references to a Declaration of
Restrictive Covenants in Lieu of Unity of Title;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(Mayor Stoddard)
32. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-8.9 entitled “Special
exceptions” in order to set a time limit for commencing
a development project which has been granted a special
exception in a Transit Oriented Development District
(TODD); providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(Acting City Manager)
ORDINANCE (S) FIRST READING
(CONT’D)
33. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, modifying chapter 13 of
the City Code to substitute the term Business Tax
Receipt for occupational license tax to conform with
the term used in Chapter 205 F.S.; providing for
severability, conflict and an effective date. 3/5
(Acting City Manager)
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AGENDA – September 7, 2010 9
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AGENDA – September 7, 2010 10
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.