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City of South Miami
Special City Commission Minutes
December 16, 2011
5 A. SILENCE OR TURN OFF ALL CElL PHONES
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7 The City Commission of the City of South Miami, Florida met in special session on
8 Friday, December 16, 2011, beginning at 7:48 p.m., in the City Commission Chambers, 6130
9 Sunset Drive.
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11 B. ADD-ON ITEM(S)
12 NONE
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14 C. ROLL CALL
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16 The following members of the City Commission were present: Mayor Philip K.
17 Stoddard, and, Commissioners Walter A. Harris and Velma Palmer. Commissioner Brian D.
18 Beasley and Vice Mayor Valerie Newman were absent.
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20 /\Iso in attendance were: City Attorney Thomas F. Pepe, City Clerk Maria M. Menendez
21 and City Manager Hector Mirabile.
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23 D. MOMENT OF SILENCE
24 By Mayor Stoddard
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26 E. PLEDGE OF ALLEGIANCE
27 The Pledge of Allegiance was recited in unison.
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29 F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
30 REGISTERED WITH THE CITY CLERK
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32 G. PRESENTATIONS
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34 H. RESOLUTION(S) PUBLIC HEARING(S)
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38 222-11-13536
39 1. A Resolution adopting a draft amendment to Article VI, Section 5, of the City
40 Charter concerning franchises and the granting of an interest in City real
SPECIAL CITY COMMISSION MINUTES
December 16, 2011
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property, defining the governed franchises, providing for two public meetings,
clarifying the language of the charter and excluding special events, concessions
and other uses of real property lasting one (1) year or less to be placed on the
ballot for the February 14, 2012 election. 3/5
(City Manager)
7 Moved by Mayor Stoddard, seconded by Commissioner Palmer to approve this item.
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9 Mr. Pepe presented the item. He explained why amending this provision of the Charter
10 requires voters' approval. He also said that the current language is very confusing and this is
11 intended to make it clearer. He then went over the four different versions of the proposed
12 ordinance to choose from: the exemption ofthe Charter provision to be contracts for a year or
13 less; or, the contracts to be for five years or less; another option would be, whether the
14 franchise is defined as contracts or agreements of one year or less, or five years or less-or,
15 having a provision in there for contracts that exceed ten years, and that those particular
16 contracts shall not only be approved by a rigorous ordinance process as defined in the Charter
17 provision, but also, that once they have been passed by ordinance that those contracts that
18 exceed ten years, also go by referendum to the voters for approval.
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20 The Commission discussed the above options presented by the City Attorney.
21 Commissioner Palmer favored the ten-year option without a referendum, while Mayor
22 Stoddard favored the referendum concept. Commissioner Harris concurred with Commissioner
23 Palmer against the referendum option since it would involve costly special elections as well as
24 a delay for businesses wanting to invest in our City.
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26 The public hearing was opened at this time.
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28 Eda Harris spoke in favor of the option providing for a referendum on contracts
29 exceeding ten years. She then said that three years is more than enough time for a contract.
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31 Sharon McCain also favored the three-year option. She said that five years is a long
32 time, recommending the three years with the one-year option and public hearing.
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With no further speakers the public hearing was closed.
36 At this time Mayor Stoddard read a proposed language defining the word franchise,
37 relating to contracts, agreements, or leases that grant right to the use of a property owned by
38 the City of South Miami, providing for a term greater than three years with option for two
39 administrative one-year extensions. The City Manager said to have no problem with this
40 language.
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SPECIAL CITY COMMISSION MINUTES
December 16, 2011
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1 Dr. Mirabile then proposed a simpler language: "not to exceed five years, including any
2 extensions."
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4 Mayor Stoddard clarified that if a contract is greater than five years then it becomes a
5 franchise.
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7 At this time Mr. Pepe read the modified ballot question as per the Commission's
8 discussion:
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10 Shall Article VI, Section 5, titled "franchise" be amended to (1) define a franchise
11 as an agreement to use city property for more than five years, exempting
12 concessions, and other uses, lasting five years or less, and (2) to clarify general
13 language, change publication procedures and providing definitions of words in
14 existing and proposed provisions.
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16 Moved by Mayor Stoddard to accept the above revised ballot question, seconded by
17 Commissioner Harris, the motion to approve the amendment passed by a 3-0 vote:
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Yea
Absent
Absent
Yea
Yea
25 At this time Mr. Pepe referred to another amendment to be made relating to
26 subparagraph (a)(3) "Definitions" to read: The word "newspaper of general circulation" shall
27 mean the Daily Business Review, or similar newspaper.
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29 Moved by Mayor Stoddard, seconded by Commissioner Palmer to approve this
30 amendment recommended above by Mr. Pepe, the motion passed by a 3-0 vote:
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Commissioner Palmer:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Yea
Absent
Absent
Yea
Yea
38 With no further comments, the motion to approve this item as amended passed by a
39 3-0 vote:
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Commissioner Palmer:
Vice Mayor Newman:
SPECIAL CITY COMMISSION MINUTES
December 16, 2011
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Yea
Absent
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Commissioner Beasley:
Commissioner Harris:
Mayor Stoddard:
Absent
Yea
Yea
5 There being no further business to come before this Body, the meeting adjourned at
6 8:57 p.m.
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Attest
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION MINUTES
December 16, 2011
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Approved
Philip K. Stoddard
Mayor