agenda
MAYOR: Philip K. Stoddard, PhD CITY MANAGER: Hector Mirabile, PhD
VICE MAYOR: Valerie Newman CITY ATTORNEY: Laurence Feingold
COMMISSIONER: Velma Palmer, PhD CITY CLERK: Maria M. Menendez
COMMISSIONER: Brian D. Beasley
COMMISSIONER: Walter A. Harris
CITY COMMISSION AGENDA
City Commission Meeting
_______________________________________________________________
Regular Meeting date: December 7, 2010 Time: 7:15 PM
ext Regular Meeting date: December 13, 2010 Time: 7:30 PM N
30 Sunset Drive, South Miami, FL; Phone: (305) 663-6340 61
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 Invocation:
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) 7:15 p.m.
1) Draft Report of the Performance Audit
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AGENDA – December 7, 2010 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of November 1, 2010
2. City Manager’s Report (25 minutes)
3. City Attorney’s Report (15-minutes)
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
(BEGINNING OF CONSENT)
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to purchase mapping software from USA Software
Inc. for a total cost of $15,000.00 to be paid at
$5,000.00 per year for three years and charged to
account number 608-1910-521-3450 (State Contractual
Services) providing for an effective date. 3/5
(City Manager – Police Dept.)
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to renew the annual software support agreement
with USA Software Inc. for a total cost of $23,422.20
to be paid in quarterly payments of $5855.55 and
charged to account number 1910-521-4630 (Maintenance
and Repair Communications Equipment), providing for an
effective date. 3/5
(City Manager – Police Dept.)
7. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to purchase 17 Mobile Data System Client
Software licenses, software support and configure the
system for the addition licenses from USA Software Inc.
for a total cost of $16,435.00 being charged to account
number 615-1910-521-3450 (State Forfeiture Maintenance
and Repair Communications Equipment), providing for an
effective date. 3/5
(City Manager – Police Dept.)
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AGENDA – December 7, 2010 2
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to budget $9,969.92 for the processing/testing
and equipping of an additional 12 Reserve Officers
$2,410.80 being charged to account number 608-1910-
521-5220 (State Forfeiture Uniforms) and $7,286.12
being charged to account 608-1910-521-4970 (State
Forfeiture Employee Testing), providing for an
effective date. 3/5
(City Manager – Police Dept.)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to budget $8502 for Motorola MC-75 ticket
generator with scanner, battery, warranty and charging
cradle, together with Zebra RW420 portable printer with
power supply, case, printing supplies, and maintenance,
being charged to account number 608-1910-521-5205
(State Forfeiture Computer Equipment), providing for an
effective date. 3/5
(City Manager – Police Dept.)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to budget $9998 for Handguns, Rifles,
ammunition, and repair parts, being charged to account
number 608-1910-521-5210 (State Forfeiture Supplies),
providing for an effective date. 3/5
(City Manager – Police Dept.)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget;
authorizing an increase of appropriations for
expenditure account 608-1910-521-3450, Contractual
Services, in the amount of $31,500, an increase in
appropriations for expenditure account 608-1910-521-
5205, Computer Equipment, in the amount of $8,502, an
increase in appropriations for expenditure account 608-
1910-521-5220, Uniforms, in the amount of $2,411, an
increase in appropriations for expenditure account 608-
1910-521-4970, Employee Testing, in the amount of
$7,287, an increase for appropriations for expenditure
account 608-1910-521-5210, Supplies, in the amount of
$9,998, due to the obtained and received confiscated
revenue of $60,140.00, in fiscal year 2011 from State
Forfeiture Funds, providing for an effective date. 3/5
(City Manager – Police Dept.)
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AGENDA – December 7, 2010 3
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to purchase an InstAlert Rapid message board
with radar, trailer, solar panel and batteries, plus a
Speed Sentry radar display unit from Emergency Vehicle
Supply (EVS) in the amount of $21,985.00 from Federal
Forfeiture Account 615-1910-521-6430; providing for an
effective date. 3/5
(City Manager – Police Dept.)
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to extension of
the current contract with Laz Parking Inc. for the
provision of Municipal Parking Management Services on a
month-to-month basis with an expiration date of May
31st, 2011; providing for an effective date. 3/5
(City Manager – Finance Dept.)
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to extension of
the current contract with Gomez Barker Associates, Inc.
for the provision of Legislative (Lobbying) Services on
a month-to-month basis with an expiration date of May
31st, 2011; providing for an effective date. 3/5
(City Manager – Finance Dept.)
15. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute an agreement with Florida League of
Cities and Southeastern Actuarial Services, Inc. to
perform the Other Post-Employment Benefits (OPEB)
valuation required under the GASB for fiscal year 2010
Comprehensive Annual Financial Report (CAFR), for a
fixed retainer fee of $5,250 charging account No. 001-
1410-513-3210 auditor’s fee, with a current balance of
$55,500, and providing an effective date. 3/5
(City Manager – Finance Dept.)
16. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the City
Manager to approve the purchase of $5,700 from Fast Dry
Courts to repair the courts at Dante Fascell Park
through a FRDAP grant; providing an effective date;
providing for an effective date. 3/5
(City Manager – Parks/Rec Dept.)
17. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the City
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AGENDA – December 7, 2010 4
Manager to approve the purchase in the amount of $8,208
for the replacement of playground equipment (swing
sets) at Dante Fascell Park through Site Creations; as
part of the scope-of-work through the awarded FRDAP
grant; providing an effective date. 3/5
(City Manager – Parks/Rec Dept.)
18. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the City
Manager to approve the purchase in the amount of
$10,000 from Electrical Masters Inc. to continue
improvements for Palmer Park replacing the lighting
system; providing an effective date. 3/5
(City Manager – Parks/Rec Dept.)
19. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning approval of 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 26th annual South Miami
Rotary Art Festival, a fundraising event to be held in
downtown South Miami on February 26-27, 2011; and
providing for an effective date. 3/5
(City Manager – Planning/Zoning Dept.)
20. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, urging Federal funding in
support of the Port of Miami Deep Dredge Project;
providing an effective date. 3/5
(Mayor Stoddard)
21. A Resolution of the Mayor and Commission of the City
of South Miami fully supporting the continued
restoration of America’s Everglades and endorsing the
National Park Service’s recommendation to bridge an
additional 5.5. miles of the Tamiami Trail; and
providing an effective date. 3/5
(Mayor Stoddard)
22. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to City
Commission meetings; rescheduling the City Commission
meeting of Tuesday, December 21, 2010 to Monday,
December 13, 2010, starting at 7:30 p.m.; providing an
effective date. 3/5
(Mayor Stoddard)
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AGENDA – December 7, 2010 5
23. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, expressing support for
the cities of Miami Gardens, Doral, and Cutler Bay, and
urging the Miami-Dade County Board of County
Commissioners to provide these three cities with their
rightful share of People's Transportation Plan Surtax
funding from the county's 80% share of the surtax, as
originally negotiated in good faith and agreed to by
Miami-Dade in 2002, and currently required by Miami-
Dade County Ordinance No. 02-116; and provided for an
effective date. 3/5
(Mayor Stoddard)
24. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Patricia K. Shields to serve on
the Affordable Housing Advisory Committee for a term of
two years, ending December 6, 2012; and providing an
effective date. 3/5
(Commissioner Palmer)
25. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; re-appointing Nancy Cobb to serve on the
Affordable Housing Advisory Committee for a term of two
years, ending December 6, 2012; and providing an
effective date. 3/5
(Commissioner Beasley)
(END OF CONSENT)
RESOLUTION(S)
26. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, expressing the City
Commission's intent to indemnify and defend its elected
officials from claims made against them based on
decisions or actions they have taken or will take
within the course and scope of their duties, and
clarifying the broad scope of said public duties by
South Miami elected officials; and providing an
effective date. 3/5
(Mayor Stoddard)
27. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, officially renaming the
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AGENDA – December 7, 2010 6
“All America Park at Cocoplum Terrace” as “All America
Veterans’ Memorial Park”; providing an effective date.
(Vice Mayor Newman) 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
28. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Chapter 2,
Article I, Section 2-2.1 (G) (5) of the Code of
Ordinances to require motions for reconsideration to be
made only during the same meeting at which the item is
considered; providing for severability, conflicts and
an effective date. 3/5
(Vice Mayor Newman)
29. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-7.51 entitled “Special
exceptions” in order to revise the wording in Section
20-7.51(D) to replace the word “development” with the
word “new construction” for the purpose of clarifying
when the time limitation begins for development
projects which have been granted a special exception in
the Hometown Overlay Zone (HD-OV); providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(City Manager-Planning Dept.)
30. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code Section 20-3.3(D) entitled “Permitted
Use Schedule” in order to permit a community garden as
a “S” Special Use in the all TODD(LI-4)” Transit
Oriented Development District (Light Industrial 4)
zoning use district; and amending Section 20-2.3
entitled “Definitions” to provide a definition of a
community garden; providing for severability; providing
for ordinances in conflict; and providing an effective
date. 5/5
(City Manager-Planning Dept.)
31. 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 II use
category from a “P” Permitted Use category to the “S”
Special Use category for zoning use districts; and
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AGENDA – December 7, 2010 7
amending Section 20-3.4(B)(15) entitled “Special use
conditions” in order to include Group Home II as
subject to the same special requirements currently
applicable to Group Home I uses; providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
` (City Manager-Planning Dept.)
32. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, to amend Section 20-4.4
(D) of the Land Development Code entitled “Required
Handicapped Spaces” in order to revise current wording
to indicate that all required handicapped parking
spaces are regulated by the Florida Building Code;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(City Manager-Planning Dept.)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
33. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the South Miami
Land Development Code by amending Section 20-10,
entitled “Siting Regulations for Telecommunications
and Antennas” in order add a new Section 20-10(11) to
be entitled “Collocation Exceptions to Required
Regulations” which as required by Florida State
Statutes will exempt from review telecommunication
facilities which are collocated on existing facilities;
providing for severability, providing for ordinances in
conflict; and providing an effective date. 5/5
(City Manager-Planning Dept.)
(Deferred 11/16/10)
34. 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 5875 Sunset Drive (aka The Dowling
Building) as an historic site and by placement of an
Historic Preservation Overlay Zone (HP-OV) over the
existing zoning use district for this property;
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AGENDA – December 7, 2010 8
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AGENDA – December 7, 2010 9
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(City Manager-Planning Dept.)
35. 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 existing “School,
Elementary or Secondary” use category and the existing
“School, Vocational” use category from “P” Permitted
use category to “S” Special Use category; to create a
new use type entitled “School, Private or Charter” with
all development in the new “School, Private or Charter”
use category being classified as an “S” Special Use;
and amending Section 20-3.4 entitled “Special Use
Conditions” in order to set forth general and special
requirements applicable to all three school use
categories; providing for severability; providing for
ordinances in conflict; and providing an effective
date. 3/5
(City Manager-Planning Dept.)
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 RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED
BEFORE THE START OF REGULAR COMMISSION BUSINESS SHALL BE THE VOLUNTARY
OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE
CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER
HAVE NOT BEEN PREVIOUSLY REVIEWED OR APPROVED BY THE COMMISSION, AND THE
COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY
OTHER SPEAKER.”
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 PROCEEDIGS 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.