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: January 4, 2011 Time: 7:30 PM
ext Regular Meeting date: January 18, 2011 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) 7:00 p.m.
1) Outstanding Officer(s) of the Month
2) Most Courteous Officer(s) of the Month
REGULAR CITY COMMISSION
AGENDA - January 4, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of December 7, 2010
b) Minutes of December 13, 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 permit South Miami Rotary, a non-profit
organization to hold its 27th Annual South Miami Rotary
Art Festival on February 26 & 27, 2011, in the
downtown South Miami area on Sunset Drive; providing
for an effective date. 3/5
(City Manager – Parks & Rec Dept.)
6. A Resolution of The Mayor And City Commission Of The
City Of South Miami, Florida Authorizing The City
Manager To Enter Into Mutual Aid Agreement With The
City Of North Miami Beach Police Department For General
And Specific Law Enforcement Duties On Behalf Of The
City Of South Miami Police Department Pursuant To
Section 23.1225 (3), Florida Statutes; 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 expend and pay Florida Power and Light, for
providing electric utility services to the City in
order to maintain street lighting throughout the City,
the amount of up to $110,000.00, and charged to Account
Number 001-1730-541-4650; providing for an effective
date. 3/5
(City Manager – Public Works Dept.)
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AGENDA - January 4, 2011 2
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing The City
Manager to expend and pay Florida Power and Light, for
providing electric utility services to the City in
order to maintain electricity to all City buildings and
parks infrastructure, up to the amount of $111,840.82,
and charged to Account Number 001-1710-519-4310;
providing for an effective date. 3/5
(City Manager – Public Works Dept.)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to expend up to $27,326.75 for the utilization
of water and sewer from Miami-Dade County Water and
Sewer, to be charged to Account Number 001-1710-519-
4320; providing for an effective date. 3/5
(City Manager – Public Works Dept.)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to amend the agreement with Miami-Dade County’s
Department of Housing and Community Development (DHCD)
to extend the expiration date from December 31, 2010 to
December 31, 2011 of the fiscal year 2009 grant
agreement amendment for the SW 66th Street Improvements
Project-Phase II; and providing an effective date. 3/5
(City Manager – Finance Dept.)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to
appropriations for the November 2, 2010 Special
Election for the City of South Miami; approving the
expenditure of $5,061.32 for election costs; charging
account no. 1200-512-4920; and providing an effective
date. 3/5
(City Manager – Finance Dept.)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to budget,
authorizing a transfer of $2,938.68 from account no.
1200-512-4920 (Elections), to account no. 1200-512-3450
(Contractual); and providing an effective date. 3/5
(City Manager – Finance Dept.)
(END OF CONSENT)
REGULAR CITY COMMISSION
AGENDA - January 4, 2011 3
RESOLUTION(S)
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to purchase communications and computer
equipment for the police department, to upgrade the
current system which is obsolete, for a total cost of
$56,336.80 being charged to account number 615-1910-
521-5205 (Federal Forfeiture Computer Equipment) and
expend up to $7,000 as “flash money” for use in
protracted narcotics investigations charged to account
number 615-1910-521-4960 (Federal Forfeiture Special
Investigations), providing for an effective date. 3/5
(City Manager – Police Dept.)
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
14. 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.)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
15. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to the budget;
authorizing an increase of expense line item 615-1910-
521-5205 (Federal Forfeiture Computer Equipment) in
the amount of $56,336.80, and 615-1910-521-4960
(Federal Forfeiture Special Investigations) in the
amount of $7,000.00 from Federal Forfeiture Fund with
a balance of $125,725.00, providing for severability,
ordinances in conflict and an effective date. 3/5
(City Manager – Police Dept.)
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AGENDA - January 4, 2011 4
16. 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. (Deferred 12/07/10) 5/5
(City Manager-Planning Dept.)
17. 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;
providing for severability; providing for ordinances in
conflict; and providing an effective date. 3/5
(City Manager-Planning Dept.)
18. 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.)
19. An Ordinance of the Mayor and the City Commission of
the City of South Miami, Florida relating to the fee
schedule; amending ordinance 21-09-2013 as amended by
ordinances to, increasing some fees, adding new fees
and deleting some fees from the schedule, providing
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AGENDA - January 4, 2011 5
for severability, ordinances in conflict, and an
effective date. 3/5
(City Manager – Finance Dept.)
RESOLUTION (S) PUBLIC HEARING (S)
20. 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 Forfeiture
Contractual Services) providing for an effective date.
(City Manager – Police Dept.) 3/5
21. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to issue a Purchase Order to Sun Recycling, LLC
for the recycling of the City’s yard waste in the
amount up to $135,714.75 to be charged to Public Works
Refuse Disposal Fee–Recycling Account Number 001-1720–
534–4341; providing for an effective date. 3/5
(City Manager – Public Works Dept.)
22. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to finance up to thirty eight (38) multi-space
parking stations for an amount not to exceed $420,000
and accepting the interest rate of 2.355% with no
prepayment penalty through SunTrust Bank, charging Debt
Service-Principal Account No. 001-1410-513-7110 and
Debt Service-Interest Account No. 001-1410-513-7210;
and providing an effective date. 4/5
(City Manager – Finance Dept.)
23. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute an attached agreement with the firm
of Gila, LLC d/b/a/ Municipal Services Bureau (MSB)
providing debt collection services for a fee
constituting twenty-two percent (22%) of the principal
amount owed to the City and collecting said fee in
addition to the whole of said principal as part of the
total payment due from the debtor. This agreement
shall be for the duration of an initial one (1) year
period with four (4) one (1) year option to renew
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AGENDA - January 4, 2011 6
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AGENDA - January 4, 2011 7
periods for a possible total term of five (5) years,
and providing an effective date. 3/5
(City Manager – Finance Dept.)
ORDINANCE (S) FIRST READING
(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.”
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.