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MAYOR: Philip K. Stoddard, Ph.D CITY MANAGER: Hector Mirabile, Ph.D
VICE MAYOR: Valerie Newman CITY ATTORNEY: Thomas F. Pepe
COMMISSIONER: Velma Palmer, Ph.D CITY CLERK: Maria M. Menendez
COMMISSIONER: Brian D. Beasley
COMMISSIONER: Walter A. Harris
CITY COMMISSION AGENDA
City Commission Meeting
_______________________________________________________________
Regular Meeting Date: May 26, 2011 Time: 7:00 PM
Special Meeting Date: May 31, 2011 Time: 7:00 PM
Next Regular Meeting Date: June 7, 2011 Time: 7:00 PM
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) Employee of the Month
bitors Presentation 3) Ludlam Elementary Earth Day Art Exhi
on 4) Stroke Awareness Month Proclamati
5) Public Works Month Proclamation
5) US Pedestrian Study
REGULAR CITY COMMISSION
AGENDA - May 26, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of May 3, 2011 Special Meeting
b) Minutes of May 3, 2011 Regular Meeting
2. City Manager’s Report (25 minutes)
3. City Attorney’s Report (15-minutes)
a) Attorney-Client Session (8:00 p.m.)
PUBLIC REMARKS
(5 minutes)
4. Commission Reports, Discussion & Remarks (25 minutes)
UNFINISHED BUSINESS
5. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code by deleting Section 20-3.1(E) entitled
"Business Outside a Building”, inserting new Section
20-3.6 (V) to be entitled “Commercial Activity
Conducted Outside of a Building” in order to provide
regulations for allowing for outside merchandise
display on private property and public sidewalks;
establishing limitations on type, location and extent
of outside merchandise display; providing a process for
obtaining permits; and providing for exceptions for
certain permitted uses; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 5/5
(City Manager-Planning Dept.)
END OF UNFINISHED BUSINESS
BEGINNING OF CONSENT
6. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to Special
Magistrate Services; appointing Bruce A. Blitman,
Esquire, as Special Magistrate for the City of South
Miami at the rate of $100 per hour; authorizing
expenses to be charged to account #001-1640-524-3111
entitled “Code Enforcement Professional Services
REGULAR CITY COMMISSION
AGENDA - May 26, 2011 2
Special Magistrate account; and providing an effective
date. 3/5
(City Manager – Code Enforcement)
7. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to execute an Interlocal Agreement to perform
Traffic Engineering Functions (AGREEMENT) between the
City of South Miami (CITY) and Miami-Dade County
(COUNTY), to assume the installation and maintenance
responsibilities of three speed tables located within
the Pinecrest Villas Neighborhood; providing for an
effective date. 3/5
(City Manager–Public Works Dept.)
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing a transfer of
$8,220.00 from account number 001-1330-513-1210,
Salaries, to account number 001-1330-513-3450,
Contractual Services for $5,120.00 and to account
number 001-1330-513-5210, Supplies for $3,100.00;
providing an effective date. 3/5
(City Manager–Human Resources Dept.)
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to permit Team FootWorks Educational and
Fitness Corporation, a non-for-profit organization to
hold its’ 23rd Annual Twilight 5K Run event on June 5,
2011, in the downtown South Miami area; providing for
an effective date. 3/5
(City Manager–Parks & Recreation Dept.)
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, directing the Finance
Director to pay Luis Reiter, with the firm of Squire
Sanders and Dempsy LLP the sum of $ 8,677.28 for
services rendered for the month of April 2011; and
providing an effective date. 3/5
(City Attorney)
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, appointing Michael Lax as
the Assistant City Attorney; providing for an effective
date. 3/5
(City Attorney)
END OF CONSENT
REGULAR CITY COMMISSION
AGENDA - May 26, 2011 3
RESOLUTION(S)
12. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to enter into a settlement with the Internal
Revenue Service concerning certain parking garage
indebtedness involving payment of a settlement amount
and defeasance and redemption, as applicable, of a
portion of said indebtedness, and to execute a
settlement agreement; authorizing the City’s financial
advisor to request proposals from banks for a loan to
finance such defeasance and redemption and payment of
the settlement amount; and authorizing necessary
actions for implementation of these matters. 3/5
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) PUBLIC HEARING (S)
(NONE)
ORDINANCE (S) FIRST READING
13. An Ordinance of the City of South Miami, Florida,
amending Section 15-63 of the Code of Ordinances of the
City of South Miami, Florida regarding mobile street
sales restrictions by clarifying the prohibition
against sales during a special event, such as an
exhibition, exposition, art show and/or festival;
providing for severability, ordinance in conflict, and
an effective date. 3/5
(City Manager–Code Enforcement)
REGULAR CITY COMMISSION
AGENDA - May 26, 2011 4
14. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, relating to the budget;
authorizing an increase of appropriations to accounts
111-1730-541-3450 (Stormwater Drain Trust Fund
Contractual Services) in the amount of $22,595, and
111-1730-541-7100 (Stormwater Drain Trust Fund Debt-
Principal) in the amount of $27,036 and 111-1730-541-
7200 (Stormwater Drain Trust Fund Debt-Interest) in the
amount of $4,034 and 111-1730-541-5205 (Stormwater
REGULAR CITY COMMISSION
AGENDA - May 26, 2011 5
Drain Trust Fund Computer Equipment) in the amount of
$1,836.94 from Fund Balance, providing for
severability, ordinances in conflict and an effective
date. 3/5
(City Manager – Public Works 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.