agenda
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: July 19, 2011 Time: 7:00 PM
Next Regular Meeting Date: July 26, 2011 Time: 7:00 PM
130 Sunset Drive, South Miami, FL; Phone: (305) 663-6340 6
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
) Barker Gomez and Associates 3
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AGENDA - July 19, 2011 1
ITEM (S) FOR THE COMMISSION’S CONSIDERATION:
1. Approval of Minutes
a) Minutes of June 7, 2011
b) Minutes of June 14, 2011
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 authorizing a transfer of $2,255.00 from
account number 001-1620-524-2210, Pension Plan
Contribution, to account number, 001-1620-524-2220,
ICMA Deferred Compensation Contribution. 3/5
(City Manager-Planning/Zoning Dept.)
6. A Resolution authorizing a transfer of $350.00 from
account number 001-1620-524-3450, Contractual Services,
to account number 001-1620-524-4120, Telephone
Services. 3/5
(City Manager-Planning/Zoning Dept.)
7. A Resolution authorizing a transfer of $3,441.00 from
account number 001-1770-519-2210, Pension Plan
Contribution, to account number, 001-1770-519-2220,
ICMA Deferred Compensation. 3/5
(City Manager-Public Works Dept.)
8. A Resolution authorizing the City Manager to execute a
Joint Participation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for turf and
landscape maintenance funding in the amount of
$3,951.82. 3/5
(City Manager-Public Works Dept.)
9. A Resolution authorizing the City Manager to execute
construction contract and issue a Purchase Order with
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AGENDA - July 19, 2011 2
JVA Engineering Contractor, Inc. for the SW 64th Court
Drainage Improvements Project to be charged to FDEP
Account 106-1727-536-6550, and SWTF 111-1730-541-6490.
3/5
(City Manager-Public Works Dept.)
10. A Resolution authorizing the City Manager to execute
construction contract with Maggolc, Inc. for the
Citywide Sidewalk Repair Project to be charged to 124-
1730-541-3450. 3/5
(City Manager-Public Works Dept.)
11. A Resolution authorizing the City Manager to adopt the
“Regional Law Enforcement Exchange Memorandum of
Understanding (MOU)”. 3/5
(City Manager-Police Dept.)
12. A Resolution approving attorneys’ fees for Squire
Sanders and Dempsey, LLP in the amount of $8,050.59;
chargin account no. 001.1500.514.3410 legal services-
litigation. 3/5
(City Attorney)
13. A Resolution relating to budget; authorizing a transfer
of $102,536.00 from account No. 001.1310.513.9920, City
Manager General Contingency, settlements to account No.
001.1620.524.5230, Fuel for $120.00; to account No.
001.1640.524.5230 Fuel for $ 3,100.00; to account No.
001.2000.572.5230, Fuel for $2,360.00; to account No.
001.1910.521.5230, Fuel for $27,000.00; and to account
No. 001.1760.519.5230, Fuel for $69,956.00. 3/5
(City Manager-Finance Dept.)
14. A Resolution appointing Luis Gil to serve on the
Environmental Review and Preservation Board for a two-
year term ending July 18, 2013. 3/5
(Commissioner Palmer)
15. A Resolution appointing Gary A. Costales to serve on
the Historic Preservation Board for a two-year term
ending July 18, 2013. 3/5
(Commissioner Harris)
16. A Resolution re-appointing Donna M. Shelley to serve on
the Historic Preservation Board for a two-year term
ending July 18, 2013. 3/5
(Mayor Stoddard)
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AGENDA - July 19, 2011 3
17. A Resolution authorizing a transfer of $4,446.00 from
account No.001-1620-524-3450, Contractual Services,
settlements to account No.001-1200-512-4950,
Codifications for the purpose of scanning/indexing
within our existing Alchemy Database various documents.
(City Manager-City Clerk) 3/5
18. A Resolution, authorizing the City Manager to accept a
donation in the amount of $5,000 received from the
Larkin Hospital, increasing the expenditure line item
Fourth of July Fireworks, account number 001-2000-572-
4820. 3/5
(City Manager-Parks & Recreation Dept.)
19. A Resolution supporting not-for-profit institutions
that stage special events for the benefit of the public
or charity, and refunding a portion of the fees
collected for the TeamFootWorks 2011 Twilight 5k Run.
(Mayor Stoddard) 3/5
(END OF CONSENT)
RESOLUTION(S)
(NONE)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
20. An Ordinance amending the Land Development Code Section
20-2.3 entitled “Definitions” in order to modify the
definition of “Story” to clearly indicate that the use
of any floor of a building as a parking level or
partially for parking shall be included in the
definition of a single story for the purpose of
determining of the number of stories in a building. 3/5
(Approved on 1st Reading 4/4/11 * Discussed on 2nd Reading 4/19/11
& moved to be placed again for 2nd Reading on 6/07/11 – See
Excerpt Minutes attached) (Deferred 6/14/11)
(City Manager – Planning/Zoning Dept.)
RESOLUTION (S) PUBLIC HEARING (S)
21. A Resolution authorizing the City Manager to enter into
a two-year lease and maintenance contract for two
police motorcycles with Petersen’s Harley-Davidson’s of
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AGENDA - July 19, 2011 4
Miami, disbursement of the funds up to $11,400.00 per
year from account number 001-1910-521-4450
(Purchase/Lease Police Vehicles). 3/5
(City Manager-Police Dept.)
ORDINANCE (S) FIRST READING
22. An Ordinance amending the City of South Miami
Comprehensive Plan, to adopt a new Future Land Use Map
category titled “Mixed-Use Commercial/Residential (Two-
Story)”. 4/5
(City Manager-Planning Dept.)
23. An Ordinance amending the City of South Miami
Comprehensive Plan, to adopt a new Future land Use Map
category Titled “Hospital”. 4/5
(City Manager-Planning Dept.)
24. An Ordinance, amending Chapter 2, Article I, Sec. 2-2.1
(K) titled “DECORUM” and establishing more detailed
Rules of Decorum at City Commission meetings, and
providing for the appointment of a Sergeant at Arms for
enforcement thereof. 3/5
(Mayor Stoddard)
25. An Ordinance 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.5/5
(Deferred 5/26/11 & 6/14/11)
(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
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AGENDA - July 19, 2011 5
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AGENDA - July 19, 2011 6
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.